September 25, 2001

The Board of County Commissioners of Brevard County, Florida, met in special session on September 25, 2001, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien, District 2, who remembered the brave men and women who contributed countless hours to rescue efforts and those who lost their lives during the attacks on America on September 11, 2001, by observing a moment of silence.

Ed Walsh with the Veterans Center led the assembly in the Pledge of Allegiance.

REPORT, RE: POEM BY JACK CLARK

Commissioner Colon advised at her town meeting Saturday, Jack Clark gave her a poem, which she would like to read because it is appropriate. She read the poem regarding the attack on the World Trade Center and what Americans should do in the aftermath.

RESOLUTION, RE: PROCLAIMING NATIONAL CHILD HEALTH DAY

Chairman Carlson read aloud a resolution proclaiming October 1, 2001 as National Child Health Day in Brevard County, and encouraging all citizens to reaffirm their interest in the aims, achievements, and needs of all children in the United States.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution proclaiming October 1, 2001, as National Child Health Day in Brevard County. Motion carried and ordered unanimously.

Chairman Carlson presented the Resolution to Susan Chance, Nursing Director of Children's Medical Services, who thanked the Board on behalf of the families and children, and the Medical Director; and invited the Commissioners to the open house from 2:00 p.m. to 5:00 p.m. on October 1, 2001.

REPORT, RE: SECURITY MEASURES FOR BREVARD COUNTY

Emergency Management Services Director Bob Lay advised after the World Trade Center terrorist attack, precautionary measures have been taken within the County and municipalities; the EOC is at Level 3, which means it is currently monitoring situations; and they alerted all the emergency support function leads in the event they are needed. He stated in the area of transportation, all airports have been certified for all flights both IFR and VFR; commercial and general aviation have been allowed to continue flying and as of midnight last night, Mosquito Control and agricultural aircraft were released to fly again. He stated Mosquito Control has instituted security procedures on chemicals and the aircraft; they have enhanced overall security; and law enforcement has identified other agricultural planes around the County and conducted checks on the certified pilots. He stated physical security has also been enhanced at commercial airports and new check-in procedures have been initiated; and Port Canaveral is putting in place physical security procedures, which may take three months or longer; but they are in the process of putting those measures in place. Mr. Lay advised the St. Johns River Water Management District is conducting an assessment of its areas to ensure water areas are free from potential contamination and to enhance security within those areas; water treatment and supply facilities have all been contacted by Department of Environmental Protection and requested they enhance awareness and security; and Brevard County Water Resources and other water utilities have provided the status of the systems to Department of Environmental Protection and increased their security and awareness. He stated E-911 Communications has provided information to the State Division of Management Services, and critical communication sites have been identified and provided to all law enforcement agencies; Fire Rescue Services has participated in a survey by the Florida Association of Fire Chiefs and initiated a plan with Brevard County Sheriff's Office to insure law enforcement and fire agencies are advised on each call to insure positive dispatch, response, and security; and Fire and Emergency Medical Services are security aware of potential issues that may come up. Mr. Lay advised this is a very fluid situation so things may change daily in terms of some of the precautions; and public health and hospitals continue to maintain security of facilities and patients are provided information. He stated the Sheriff's Office and State Attorney are part of the Orlando Area Task Force that was established by the U.S. Attorney and is participating with the Sheriffs and State Attorneys from each county; and within Brevard County they established a task force with all law enforcement agencies primarily for information sharing, but also as part of the action to continue conducting ongoing criminal investigations. He stated the Sheriff's Office is also conducting assessments of potential critical elements of information; they are making sure they are aware of where all the critical facilities are Countywide; and the Public Service Commission has conducted surveys of electrical, nuclear, pipeline, and oil utilities to gain information and enhance awareness and security. He stated critical facilities within Brevard County have also been identified. Mr. Lay advised Patrick Air Force Base and the Cape remain at Level 3; A1A continues to remain closed for an indefinite period of time, from the Pineda Causeway to the north boundary of the Base; and detours have been set up with road signs in place for that. He stated major industries and Department of Defense contractors are continuing to provide a high level of security; many of them already had a high level of security and enhanced what they had; and the County Manager directed all Department Directors to review building physical security and take necessary corrective actions as required. He noted municipalities are following the same practice. He advised the Governor directed FDLE to be in charge of the overall State activities as the instant command, and Division of Emergency Management would be the consequence management agency; he also asked those two agencies to survey all the State agencies and local governments to determine what their needs might be and to report to him by Friday; and once the Governor receives that report, there may be additional issues to address, some of which funding has not been programmed for at this time.

Chairman Carlson thanked Mr. Lay for the updated report.

REPORT, RE: QUARTERLY BUDGET FINANCIAL REPORT

Chairman Carlson advised the Board is familiar with the budget financial report that it receives quarterly; the last one was dated August 29, 2001; and inquired if staff evaluated the utility of the document, because there is a lot of good information in it, but she never found it to be very useful in general. She inquired if the amount of paper could be cut down to a one-sheet summary of the concerns versus all the things that are fine, so the Board could look at that and maybe talk to the Internal Auditing Committee and ask it what the utility of the document is. She noted maybe the Committee could add some information that might make it a more productive piece of information for the Board to use.

REPORT, RE: APPROACH TO BUDGET HEARING

Commissioner Scarborough stated when the Board approaches a budget at this juncture, generally it looks at expenditures exclusively; and with the events that happened on September 11, 2001, and their potential effects on revenue, it may be good to review some of the potential negative impacts on the revenue streams. He stated he talked to Mr. Whitten about that and does not know if he is prepared, but before the Board gets into expenditures, it needs to know the volatility of the revenue streams. Chairman Carlson advised she was going to ask Mr. Whitten to give a report of the revenues.

Assistant County Manager Stockton Whitten advised on September 13, 2001, the Revenue Estimating Conference, the body that provides revenue estimates for the State, met to reevaluate its revenue estimates for the current and upcoming fiscal years; and the new estimates of its general fund revenue collections were reduced by approximately 3.4% for the current fiscal year and approximately 3.8% for the following fiscal year. He stated two revenue sources for the County's revenue streams are the local half-cent sales tax and the State shared revenue; the local half-cent sales tax for the tentative budget is at approximately $19,000,000; and that is approximately 11.3% of the general fund budget and 2.59% of the Countywide budget. He stated the State share revenue is budgeted at $8.5 million, which is approximately 5% of the general fund revenues and approximately 1.1% of the Countywide budget. Mr. Whitten advised what the County can do in reaction to the State's reduction of revenues is to watch the revenue collections and slow spending on County expenditures as necessary; and right now they are in a wait and see mode regarding how collections on the State side will come in. He stated the State has not told the County how its reductions are going affect the County's allocations regarding the State shared revenue; but available to the County Manager are options such as delaying expenditures for operating and capital, and other measures Mr. Jenkins may want to go into.

County Manager Tom Jenkins advised there are other revenue issues that could be beneficial; at the October 2, 2001 meeting, the Board will be discussing the investment program; and there are a number of recommendations which have the potential to increase interest earnings. He stated another major issue that is outstanding is the Clerk's Office has had difficulty in reporting actual revenues from traffic violations since 1999; so there is a potential, when the Clerk gets the system operational, that the Board could see some benefits from that source. He stated they will continue to monitor the situation closely and have an opportunity to react to what may occur in the future, and at the same time look for additional revenues.

Chairman Carlson inquired if there is a policy that, if there are certain things in the budget, instead of providing those budget items to particular departments, they could be kept in reserves; with Mr. Jenkins responding they have that ability. Chairman Carlson inquired if that applies to Charter Officers as well; with Mr. Jenkins responding they have less flexibility with Charter Officers, but can negotiate with them to take monthly installments as opposed to larger transfers, which they have done in the past.

Commissioner Scarborough stated the intangible is based upon securities as of December 31, 2001; so what the exchange closes at on December 31st is going to determine one source of the County's revenues for the fiscal year that begins October 1, 2001. He stated the public needs to understand the Board does not know where this world is going; there are some degree of uncertainty now; the Governor is taking certain precautionary actions; and Mr. Jenkins has taken some also; and maybe if there is an opening, staff would not fill the position as rapidly. Commissioner Scarborough stated one thing that is assuring is that the volatile streams of income do not constitute a substantial portion of the stream of income; when interest rates fall in a weak economy, there is a tendency for people to refinance even though a lot of people have refinanced; and conceivably that could create revenue for the Clerk's Office. He stated it is a volatile situation; and the Board needs to be mindful of that as it enters into the budget process.

Mr. Jenkins advised the signals staff has been getting are, while the State economy is suffering, Brevard County is fortunate that it continues to have a pretty sound economy because of its numerous high-tech electronics and defense-oriented companies; and Grumman and Harris are very busy right now. He stated based on his discussions with Economic Development Council and others, they are modestly encouraged that Brevard County will probably be in better shape than some of its neighboring counties.

PRESENTATION, RE: FY 2001-02 BUDGET OVERVIEW

Assistant County Manager Stockton Whitten advised the FY 2001-02 tentative operating budget was developed during three workshops of the Board in July, 2001; important factors affecting the operating budget are a number of built-in increases resulting from rising costs of health care, insurance cost increases, and inflationary across-the-board cost increases which exceeded growth of new revenue in the budget.

Mr. Whitten advised the millage revenue increases resulting from the voter-approved Parks Referendum in 2000 is reflected in the operating and capital costs; approximately $16 million in service improvement requests were narrowed down to about $2.5 million in identified priorities; and there has been a thorough review of user fees and development fees to lessen impacts on property taxes. He stated major service enhancements to improve the quality of life in the community are included in the tentative budget by category; and the projected annual cost for a single-family residence with an assessed value of $85,000 and homestead exemption of $25,000 is provided in each category.

Mr. Whitten advised under the Safer Communities Category, with an annual impact of $13.25, are 16 additional patrol deputies, 4 new domestic violence investigator deputies, 5 additional courtroom deputies to support two new judges and a general master hearing officer, and 5 additional correctional officers in response to a 1,200 inmate population at a jail initially designed to house only 692 inmates. He stated local matching dollars for State grants have been funded to add 8 additional deputies assigned to schools as school resource officers to provide for safer schools, new auto theft investigator deputy sheriff and a technician to investigate vehicle thefts in the County, two new crime victim advocates, prisoner transport staff to pick up prisoners at local police departments to keep police officers in their communities and not transporting prisoners to jail, and two additional animal services and enforcement officers to improve response to requests for services.

Mr. Whitten advised under the category of Protecting the Environment, with an annual impact of 21¢, are additional helicopter for aerial spraying of mosquitoes and additional funding for six spray trucks added in the current fiscal year for Mosquito Control; and two additional environmental specialists were added to the Natural Resources Management Office to implement environmental policies and goals of the Comprehensive Plan and reduce current backlogs in completing existing commitments. Mr. Whitten advised under Parks and Recreation, with an annual impact of $1.51, the voter-approved Referendum for new construction and maintenance in Merritt Island and South Brevard, have $2.2 million in additional funding to ensure County park facilities are adequately maintained. He stated under the category of Library Services, with an annual impact of 5¢, $803,000 additional dollars have been provided to open a new library in Melbourne Beach, add computers in libraries, add staffing at Suntree/Viera Library, provide additional books for Port St. John Library, open South Mainland Library on Saturdays and Suntree/Viera Library on Mondays, and equalize funding to Merritt Island Library. He stated under the Cost of Justice, has an annual impact of 91¢; cost to operate the State's court system has increased to $22 million a year; and that represents a $2 million increase in the tentative budget. He advised under Helping Children and Families, with an annual impact of 12¢, two additional counselor positions were funded to assist families facing financial crises and assist those citizens in becoming financially self-sufficient.

Mr. Whitten advised under the category Investing in Technology, with an impact of 41¢, additional funding will provide for a backup system to avoid shutting down the workings of County government because of computer service interruptions, update computer wiring in Viera, Titusville, and Melbourne to obtain faster services at County Courthouses and offices, and a central repository for storing computer data to provide backup storage for critical records in a cost-efficient manner.

ANNOUNCEMENT OF PERCENTAGE CHANGE IN AGGREGATE MILLAGE FROM
AGGREGATE ROLLED BACK RATE

Chairman Carlson asked staff to announce the tentative millage to fund the tentative budget for 2001-02 and the amount the millage has changed from the aggregate rolled back millage and the aggregate current rate.

Budget Director Dennis Rogero advised the fiscal year 2001-02 aggregate tentative millage of 7.1995 mills represents an 8.63% increase over the aggregate rolled back rate of 6.6277 mills, and a 4.61% increase over the aggregate current rate of 6.8820 mills.

PUBLIC HEARING, RE: FY 2001-02 COUNTY BUDGET

Chairman Carlson called for the public hearing to hear public comments on the tentative FY 2001-02 County Budget.

Glenn Pinfield stated it is despicable that the Board held a budget meeting last Wednesday at a time when most people had other things on their minds than raising taxes; Seminole County seemed to be able to postpone its meeting; and he does not know why the Board did not do that also. He stated the way notices of tax increases is sent out is not proper; they are sent to so-called property owners based on an economic fallacy that anyone who rents does not have to pay those taxes; however, those increases are passed along to the renters, so notices should be sent to everybody in the County. He stated he has a sign that says, "No more taxes for the prison industrial complex"; he understands that most of the tax increase will go towards the Sheriff's deputies, courts, health insurance, and things associated with the prison; he believes the deputy sheriffs are not well trained to do their job; and until the County can implement some kind of training program in which they understand the laws, it does not make sense to hire more of them and have a lot of untrained people going around as deputies, especially in light of the fact that their efforts are geared toward people with victimless crimes and outright suppression of speech. Mr. Pinfield advised of his arrests by the deputy sheriffs for distributing information, the deputy lying on the arrest report and later admitting he lied, being persecuted for three and a half years by Michelle Jackson, Norm Wolfinger, and others in the State Attorney's Office, the Sheriff's Department arresting him for no reason, deputy sheriffs stealing information from him, including a copy of the U.S. Constitution and other material, and Judge Moxley issued an administrative order saying that anybody who distributes information at a courthouse has to give it to him for approval first. He stated the administrative order apparently only applied to him because it did not apply to the newspapers that are distributed at the entrance to the courthouse. He advised of his arrest at a hemp festival at Wickham Park, the laws were declared unconstitutional, and he received no apology for anybody for violating his rights or arresting him unjustly. Mr. Pinfield stated as long as law enforcement concentrates primarily on victimless crimes like drugs instead of going after violent people, the Board should not give law enforcement another penny; it is sick that at a time when people are bombing buildings penalties for conspiracy to plot bombing of buildings are less than for someone on a drug charge; and unless the Board reevaluates the Sheriff's Department and lack of knowledge of the law by deputies, it should not give them another penny.

James French stated it was apparent early in the year, in the aftermath of the dot com bubble collapse, that the economy needed some help; and Congress passed a tax cut, which has been very well received by the people of the country. He stated it has also been evident, as the year progressed, that the economy needed help in a lot of different ways; and the folks in Washington were looking at ways to enhance and improve the economy and reduce government accordingly where they could. He stated Congress is now considering a capital gains tax cut, talking about buying American, getting the airlines back to work, and doing everything it can, as a government body, to spur the private sector and get the economy moving. Mr. French stated hen the Board's hearings started in July, the general economic slowdown and need for recovery was evident during that time frame; and inquired why is the Board considering imposing on the citizens of Brevard County the highest tax increase in the history of the County.

Clarence Rowe stated he knows the budget has been set; but he wants to bring to the Board's attention Joe Lee Smith Community Center located in the African American community on Stone Street. He stated there is a desperate need for land acquisition for expansion and additional parking; because of numerous improvements to Joe Lee Smith Park, the number of people who enjoy that facility has increased; and people are parking in a three-block radius, creating problems with some of the neighbors concerning traffic. He requested the funds to do the project in phases, first to buy the land at a reasonable price, then work on a pavilion and restrooms and parking. He stated they estimate it will cost $160,000 for the land in Phase 1; and the necessary improvements can be done in Phase 2. He stated it is in desperate need of a pavilion, restrooms, parking facilities, and expansion; and he would appreciate the Board's consideration of providing some funds from somewhere.

Commissioner O'Brien inquired if it is a County park; with Mr. Rowe responding no, it is a city park. Commissioner O'Brien stated it is in the Special Recreation District that includes Cocoa and Rockledge, and should be funded by that District; with Mr. Rowe responding there are insufficient funds, so it has possibly been neglected. Commissioner O'Brien stated the Board did not neglect the park because it is not a County park; with Mr. Rowe responding his presentation was not made in that manner. Commissioner O'Brien stated he wants to make it clear that the Board has little or nothing to do with the park; and if the powers that own and operate the park see fit to improve it, those are the people Mr. Rowe needs to be talking to. Mr. Rowe stated he does not think so because the Board has a degree of sensitivity and caring about other people wherever the need may be; it does not make any difference what belongs to who; the tragedy on September 11, 2001 had people making contributions from all over the world; and he would hate to think that Brevard County would think about where people are in order to do the right thing. Mr. Rowe stated it begins to segregate and discriminate when it starts doing that type of thing; the September 11, 2001 tragedy brought all people together and crossed many lines; so there should be some degree of sensitivity regardless of who does what. Commissioner O'Brien stated there is no problem with that philosophy; but to direct funding from Brevard County to a park the County does not own is improper because the Board has its own parks to maintain. Mr. Rowe stated he just came to ask the question.

Commissioner Scarborough stated there is a different arrangement in North Brevard; the County operates all the parks and has an MSTU that reaches into the city where funds come from and lands are titled in the city's name that the County is fully responsible for; but his concern is the Board started working on the budget at the first part of the year and looked at various things over the past nine months. He stated he is not saying the project is not worthy; but once it opens the door, nothing will prevent it from having to open the door for other things; and then the hour will get late, action will need to be taken, and it becomes extremely difficult to consider the most worthy ideas at that late hour.

Commissioner O'Brien stated the park does need a lot of work; it is honorable of Mr. Rowe to bring that topic to the Board; but more importantly, he has to look at what is the bottom line for the Board and where the money goes and how it raises taxes; tonight the largest tax increase in the history of Brevard County is being proposed; that is what he has heard many times; but it is something the Board feels it has to do for Brevard County. Mr. Rowe stated the County operates the park, and furnishes the personnel and activities that go on at the park. He stated if he had realized the budget process started in July, he would have been before the Board much earlier to try and ensure some of the problems would be taken care of; and he wants to bring to the Board's attention that the County staff does run the facility. Chairman Carlson stated the County staff is taking notes, so Mr. Rowe's words are not falling on deaf ears.

Deborah Barker, Finance Director for the Sheriff's Department, advised there are two issues to bring to the Board tonight that are going to have significant impact on the Sheriff's budget for next fiscal year; compensation and overtime issues have already started affecting the current budget due to the events that are currently facing the nation, State, and County; and additional security measures that are mandatory not discretionary have been placed upon the Sheriff's Office. She stated there are a number of mandates that require a lot of deputy sheriffs to cover security issues throughout the County at a minimum of 167 hours a week; and that is going to equate to an additional impact of $250,000 to $300,000 a year. She requested an additional $100,000 to be used for overtime compensation for mandated requirements for additional security coverage. Ms. Barker advised the mandates the Sheriff's Office is facing is a bomb deputy or an Explosive Ordinance Device (EOD) Hazmat Biological Warfare person; the Sheriff is implementing a new position to fund that deputy due to the mandates the County is facing; and Chief Sarver can speak more to the operational areas of it, because she just puts the dollars with the operations. She stated they are looking to institute the program in October, 2001; the Sheriff will begin the program with one new EOD deputy that was included in the budget but not funded; and he will fund the program with drug money to hire that EOD deputy and equip that person to protect the citizens of Brevard County. She stated Sheriff Williams is going to use drug money so the citizens will not experience the additional cost associated with that for one year; and she will bring an Agenda item to the Board next month to make it aware of the program so the additional deputy can be funded in next year's budget. Ms. Barker advised they are progressively looking for grants; Sgt. Butler has already been looking on the federal cycle to see what grant dollars are available; the federal level is taking this very seriously; and there may be some dollars available in a few months for hazmat equipment, biological protection, training, and a number of things to combat the demands they are going to be looking at. She stated they will also bring forward a request for a bomb robot; they are looking to upgrade the current robot, which is several years old and has also been in the budget, or purchasing a new one, depending on what the extra mandates of weapons of mass destruction will incorporate into that. Ms. Barker stated right now the robot can go into a scene and handle things technically, which removes a human person from going in and dealing with it; however, because of their concerns of a biological nature, they are looking at equipping the robot with hazmat and biological issues so that it can go in and test for anthrax and any biological issues where they would not want to send a human being. She noted the Sheriff will be bringing those two requests forward; they are going to do everything they can to start the program with the State forfeiture dollars; and requested the Board consider an additional $100,000 for over time due to the mandated security demands.

Chairman Carlson requested Chief Sarver explain the operational needs. Chief Bob Sarver advised there has been a significant increase in security within the Port to address the cruise line industry; thousands of people come into the Port each week; there are several unsupervised and unsecured airports in the County; and those are the biggest emphasis. He stated there are several other sites in the County that also require direct surveillance. Chairman Carlson inquired if the Port and Airports pay the Sheriff's Department for security coverage; with Chief Sarver responding the Port does, but not the Airports, which are Valkaria, Space Coast Executive, and Merritt Island Airports that are not attended for periods of time, which is not a good thing.

Commissioner Scarborough advised when he spoke to the Sheriff, it was his impression federal agencies have been calling on his personnel and the Sheriff has been making them available; in a sense, the County is subsidizing national assets, such as the Vehicle Assembly Building (VAB), which is in its community because something happened in a civilian setting that immediately turned to a federal issue; and he has no idea what additional requests could come from federal agencies for whatever reasons, but it is a one-way street of information. He stated the local level may provide information, but it is not privileged to know what the results of the investigations could be or the seriousness of them; however, it would be irresponsible for the Board not to see that the Sheriff has full funding to meet the needs of the citizenry at the level law enforcement is entitled to; and at the same time, respond to any federal requests for assistance doing investigations, providing information, etc. He stated it is unusual, but those are events the Board needs to discuss later in the meeting of how it can look at the problem.

Commissioner Higgs stated the businesses at the Port and Port Commissioners asked the Board for relieve from some of the assessments which included law enforcement and fire rescue; the Board voted to do that; and inquired if it goes into effect next year; with Mr. Jenkins responding it does not go into effect for two years. Commissioner Higgs stated the County is now providing significant back up at the Port, but they are paying for that.

Commissioner Colon stated this is a time for the Board to get serious and not nit-pick the issues; the Sheriff did not anticipate the events that are happening in the County, and neither did the Board; so it needs to get serious to make sure the proper funding is there. She stated NASA and Patrick Air Force Base are located in Brevard County; the Board has a tremendous responsibility that other counties do not have; and the Board needs to act accordingly.

Commissioner O'Brien stated the Sheriff has a helicopter at Merritt Island Airport; there are four choppers out there and a fire station along the road; so to say there is no one there at times is incredibly hard to comprehend. He stated if Space Coast Executive Airport wants to have someone in the building or on the grounds, it needs to contract for security guards; he is certain there is some type of security guards there now; and the Port said it is going to fund all the security needs. He stated 167 hours of overtime times 52 weeks is 8,664 hours; at $15 per hour for a first year deputy with overtime would be $22; and that would total $190,608. Chief Sarver noted they may be able to get a low-bid security agency for that much money. Commissioner O'Brien stated if Space Coast Executive Airport wants security, it should fund that and go out for bids to get someone in place; and Merritt Island and Dunn Airports should do that as well.

Chairman Carlson stated based on the mandates the Sheriff is getting, she agrees that some of the costs should be covered by the Port and Airports; the Board could provide the money up front, but if there is an opportunity to reimburse those dollars, she would hope that would occur; and she would prefer to have deputies at the Airports and not a fly-by-night security group.

Ms. Barker advised the over time issue they have to cover right now is not specifically for the Airports; that is a primary concern, but there are other security issues that are creating overtime; and they have to think about their reservists who are being called to military duty that will create a shortage in other coverages. Chairman Carlson inquired if the Sheriff's Department has reservists; with Chief Sarver responding they have 22, and five have been called on a standby basis. Commissioner O'Brien inquired if they will remain on the payroll if they are called to full-time military duty; with Chief Sarver responding they will maintain a spot for them. Chairman Carlson inquired if they are paid the difference between the military wages and their current salaries; with Chief Sarver responding that is an option. Mr. Jenkins advised staff will bring something to the Board in October to discuss that issue.

Commissioner Colon stated this is a complex issue that will not be solved tonight; she would prefer to take a serious look at the subject; a lot of officers may be called to active duty soon; and the President called on local governments to help out. She stated it is not just the federal government's problem, it is everyone's problem; and she gets sick of watching TV and seeing what is happening in Washington with people saying their liberties are being taken away and how much that is going to cost. She stated now is not the time for that; if the people have learned anything, it is to get serious; and the issue of security of the community is so complex that the Board will not do it justice tonight. Commissioner Colon stated the Sheriff's Department was in Melbourne helping police with investigations of folks who were potentially associated with the situations that happened in New York; and she is willing to have a workshop to discuss in detail exactly what they need from the Board.

Commissioner Scarborough advised it is a complex issue; he talked to Frank Ross, Police Chief of Titusville Police Department, and he is having the same type of demands on his personnel by the federal agencies; there are a number of leads in Brevard County that are taking a number of man-hours; and it is nice to say the Airport should pay, but some of the agencies are so under-funded it is not worth arguing about it. He stated Brevard County does not have a greater call to assist federal agencies that the taxpayers should pay for it, but it should be shared; the front line is that it has an obligation here, just as it does sending boys on carriers to the Middle East; the Board should not say to the Sheriff it is going to try and get others to pay for the mandated security measures; it should step forward and do the right thing; there is a risk; and it is not going to have a briefing by the federal agencies because it is not in the national interest to get a briefing. He stated he hopes the Sheriff can say he will have the people to help when he is called on.

Ms. Barker advised security demands have been broad; this is nothing they could have expected or budgeted for, or that the County could have prepared for; it is reactionary; and they have mandated security issues that the Sheriff has been called upon to provide in every aspect of the agency and it touches more than airports and other things they are not at liberty to discuss. She stated there are demands on the Sheriff and all the municipal agencies; and they will continue to be significantly affected. She stated they will be glad to work with the Board or Budget Office to see what the financial demands and future impacts are because they are just at the beginning of this issue.

Mr. Jenkins advised staff will be happy to work with the Sheriff's Department and try to identify what the issues are and look at some options, then come back to the Board.

Bea Polk advised the Sheriff can get his money if the Board can cut some of the budgets; the Internet for the Property Appraiser would give all the money that is needed now, but there will be a lot more before the crisis is over; she feels sorry for the Sheriff to be put in this position; and the Board should quit playing around and give it to him. She stated she came to protest the Property Appraiser Jim Ford's budget; she received hundreds of phone calls asking why doesn't someone stop runaway government; and her answer to them was no one cares. She stated the next question was why the TODAY Newspaper does not print what the public is say; and her only answer is the appraised value of their property keeps them quiet. Ms. Polk stated Commissioner Scarborough said he studied the budget; and knowing how conservative he is, she cannot believe he went over the pay raises that were given the last part of the year after the election to people who were on the campaign trail. Commissioner Scarborough stated that was the Property Appraiser's Office; with Ms. Polk responding she wants to make it plain that the Property Appraiser's Office gave over $5,000 raises to people after all the raises they had all year; so something is wrong with the Property Appraiser 's budget. She stated she knows the Board is going to approve it because she can see it in their faces; her feeling is they do not care, but she does, because before this year is out and next year, there will be more people laid off than the Board can imagine. She stated it is a serious concern to think of how many thousands of people will be laid off and how will the government ever support them if it keeps giving salaries it present is giving. She stated she called the State and the Attorney was right, the State approves the budget of the Property Appraiser; she talked to Tony Lloyd, Government Operation Consultant III, who said they get the budget, the Property Appraiser knows what he needs, so they approve it, they don't have to pay it, the people do; and that makes her sick because the people have no choice. She requested five Commissioners to put on the ballot an amendment to the Charter to put the Property Appraiser's office under the Board so the people can control his budget next year. Ms. Polk stated she told the Board many times what is paid for people who do not have the qualifications; Brevard County is paying more than Orange, Osceola, and Seminole Counties; and the only one that pays more for the Property Appraiser's assistant is Dade County. She stated she has been lied to about what the State says the Property Appraiser has to pay; they said he has to have 85% of what the State says the Property Appraiser has; and the State said that is not true.

Chairman Carlson advised Ms. Polk to complete her comments. Ms. Polk requested additional time, stating the last time it seemed like her minutes went fast; with Chairman Carlson responding she got the same amount of time as everyone else. Ms. Polk stated others get a lot of questions but no one wants to ask her questions because they know it is the truth. She stated the Property Appraiser has 113 employees; two make over $100,000; two make over $80,000; seven make over $80,000; and six make over $90,000. Chairman Carlson requested a motion to extend Ms. Polk's time.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to give Ms. Polk three additional minutes. Motion carried and ordered unanimously.

Ms. Polk stated what bothers her more than anything is the people who come out to evaluate properties making between $20,000 and $34,000 a year; those are the ones who should be qualified; yet people sitting in the office make $65,000 a year, a lot of them with no qualifications. She stated it bothers her that the Board can approve $270,000 for Internet for the Property Appraiser who has Internet; if his Internet is not right, that is not her fault; and inquired if Internet is more important than giving the Sheriff what he needs to protect the people. She stated the people are petrified because they do not know what is going to happen tomorrow; and suggested taking the $270,000 the Board already has, give it to the Sheriff, and give the Property Appraiser the rest of his budget.

Commissioner Scarborough stated many people do not understand the relationship the Board has with the Charter Officers and the information that has been stated here; Mr. Ford is not here; and he should have the opportunity to respond to the comparisons of salaries paid by other Property Appraisers in the State. He stated he does not know if Mr. Ford desires to do that or not; but his understanding of the law is that Mr. Ford does not have to report salary increases to the Board.

Mr. Jenkins advised the Property Appraiser is one of several Charter Officers; under the Charter they have the same rights and privileges of what was previously Constitutional Officers; in this case the Property Appraiser prepares a budget, submits it to the Department of Revenue, the Department reviews the budget and approves or denies it; and the Board has the opportunity to appeal the budget to the Department of Revenue. He stated the Board appealed the Property Appraiser's budget several years ago in an amount of $30,000 or $40,000, but the Department of Revenue approved it as submitted; once the Property Appraiser gets the money in his budget, he has the flexibility to use the proceeds; and the Board does not exercise control over how he spends his money. Mr. Jenkins advised the Property Appraiser is an independently elected official and runs for officer every four years; so he is ultimately responsible to the electorate of Brevard County.

Commissioner Colon inquired when was the Property Appraiser's budget appealed, because the issue came up during the summer and the Board considered trying to challenge it. Mr. Jenkins stated it was several years ago; there are certain time frames involved and deadlines to meet; and this year the deadline has passed and the Department of Revenue approved and finalized the Property Appraiser's budget, so he does not think the Board can do anything about it this year. Mr. Whitten indicated the deadline to petition for review of the budget is in August. Commissioner Colon inquired if Mr. Ford was notified of the questions that came up the last time; with Mr. Jenkins responding yes, Mr. Ford is aware of the questions.

Commissioner Scarborough stated some years ago the Board had no salary increases for its employees and requested all Constitutional Officers maintain the same status; however, the Clerk at that time elected to break with it and the Board had no control over maintaining uniformity. He stated there are discrepancies because of the great latitude individual Charter Officers have over their budgets; it is a lengthy and complex issue as to what extent should the Board have some degree to control those budgets; but that may be an issue for the Charter Review Commission and the electorate. He stated a lot of comments have been made; and unless it is put in perspective of the great latitude of Constitutional Officers, it is not going to make a lot of sense.

Nelly Strickland stated dissolving the mental support group is good news; the New York tragedy has done a mental job on her because she has been in a war and saw the devastation that took place; and suggested the Board set aside a large sum of money for special services by not giving raises to those making over $50,000 a year. She stated there is going to be a need for a lot of money to run President Bush's campaign; the Sheriff should have funds to handle the local issues because there was a Muslim who is taking flying lessons and bought a car from a friend of hers, but she passed that information on to the FBI. She stated the FBI is flooded with all sorts of things; Titusville assigned one of its detectives to the FBI; and more of that is going to come about because those people do not know when to stop. Ms. Strickland stated she has another beef that has to do with the blood bank; and explained what happened on Garden Street with cars all over the place waiting to donate blood. She stated there is only one bed; they can tap six people an hour with luck; there are paramedics and fire stations all over the place who can do that; but the County would have to bust into the bureaucratic role of those who are the only ones that are licensed to tap blood and to instruct people how to do it. She stated any idiot can learn to do that; the paramedics have gone through two years of medical school; and requested the Board resolve that problem so the County and cities are able to do that. She requested a copy of the rules that govern training of people; stated it cannot be that involved, but they are keeping it like top secret; and inquired what is the reason for that. She stated they get paid for every pint they tap and transport; if that is the main issue that is pretty low and a sorry attitude; they are not concerned about lives but about the buck and keeping their little dominion even if they cannot handle it; and she has ideas of what can be done.

Chairman Carlson requested Ms. Strickland complete her comments. Ms. Strickland stated money needs to be available because there is going to be an awful lot of expenses; the Sheriff, police departments, and others will need it. She stated the Property Appraiser used to be a nice kid as a planner; and somehow he got into the position and never moved out of his office. Chairman Carlson again asked Ms. Strickland to finish her comments. Ms. Strickland requested the Board get the Property Appraiser's office under its control because the State does not look at the budget and just rubberstamps it; and that is wrong.

Chairman Carlson advised the Board had dialogue with Clerk of the Courts Scott Ellis on a budget issue; and inquired if it wants to hear from his Office for five minutes then come back to the Board for discussion. The consensus of the Board was to hear from the Clerk.

Clerk of the Circuit and County Courts Scott Ellis advised he has handouts with the property taxes on them; his concern is that the interpretation of Cap-it was based on TRIM; the Board has a tax increase of about 4.6% over the current millage and about 8.6% over the rolled back millage; and his belief is that Cap-it calls for 3% increase over the rolled back millage plus new construction. He stated his office had discussions over six weeks with the Budget office and County Attorney's office; he received an opinion from Mr. Knox on September 17, 2001 with his formula for Cap-it with the ATR and ATRO; they met in Commissioner Colon's office last Thursday and asked the Budget office to put the numbers to the formula; and when the numbers were put to the formula under the legal opinion, it gave the County a leeway for maximum increase of about $38 million. Mr. Ellis stated the reason that occurred is because on one side the County set a limit using cash carry forward and debt service millage; however, when it calculated how much money it would be appropriating, it did not use the cash carry forward and debt service millage; and that is a large disconnect and why they ended up with $38.5 million under the opinion of the County Attorney. He stated it negates the Cap-it amendment because the Board would fall under the Special Act long before it hits that limit.

Commissioner Scarborough inquired if Mr. Ellis' opinion is that Cap-it would never come into play; with Mr. Ellis responding as long as the County has an equation where it has cash carry forward and debt service millage on one side of the equation to set the limit but not to set the numbers it is actually going to spend, that is going to be a number consistently between $20 and $30 million, so it will never exceed Cap-it.

Chairman Carlson inquired if there were any further questions or if Mr. Ellis had anything else to add; with Mr. Ellis responding he would like some verification on what happened in Commissioner Colon's office on the record that it is the interpretation being used by the Board tonight to move beyond 3% over the rolled back millage or over the current millage. Chairman Carlson inquired if Commissioner Colon would like to comment; with Commissioner Colon responding Mr. Whitten was there and all the information was given at that meeting. Assistant County Manager Stockton Whitten advised Mr. Knox can do a better job explaining his interpretation, which he believes Mr. Ellis is asking for.

County Attorney Scott Knox advised Mr. Ellis is asking for verification to what he indicated was his legal opinion; the way Cap-it is written is his legal opinion; that is the way it is written; he did not write it; but that is the way it is written.

Commissioner Colon inquired, based on the information she had regarding past budgets, is it correct that in 1989 the budget increase was 10% and this budget is proposed at 8%. She stated the Board talked about this two weeks ago; and inquired if that information is accurate; with Mr. Jenkins responding he does not have that information, but believes Commissioner Colon's office staff looked at that and confirmed that in 1`989-90 there was a 10% increase.

Chairman Carlson stated that concludes the public comments.

The meeting recessed at 6:54 p.m., and reconvened at 7:08 p.m.

Commissioner O'Brien advised he talked to the County Attorney and read all the memos and messages from Scott Ellis, Scott Knox, etc.; and requested Mr. Ellis explain in simple terms for the public and him how he perceives Cap-it and what the Board is doing wrong.

Mr. Ellis advised his perception of Cap-it goes back to the previous Boards and even cities under the Special Act is that Cap-it pertained to the TRIM notice; therefore, under Cap-it, the Board can go to 3% over rolled back rate plus new construction; and if the Board did that, it would have brought the total to $143 million counting debt service. He stated his interpretation under TRIM is a voted debt service is excluded from Cap-it calculation forever, not because each time the Board votes on debt-service millage it carries its own limit in it; in the ballot language there will always be a maximum millage to assess; so there is already control over the Board for setting the debt-service millage. Commissioner O'Brien inquired if the Board could roll forward or would it be more than 3%; with Mr. Ellis responding the Board can go to roll forward because the way Cap-it is written, it does not specifically say millage, it says ad valorem revenue. He stated the Board needs to look at rolled back millage as what millage it set to get the same revenue as last year with increased values; so if it has a roll forward situation; it could theoretically go 3% over roll forward and end up with perhaps a 6 or 7% increase. Commissioner O'Brien stated he read the memo with algebraic terms and was confused as to how Mr. Ellis arrived at what was there; with Mr. Ellis responding they had Mr. Knox's opinion with the algebraic terms and sat in Commissioner Colon's office with Mr. Whitten and Mr. Rogero and applied the numbers to the terms. Commissioner O'Brien inquired if it was based on his interpretation of Cap-it; with Mr. Ellis responding it was based on Mr. Knox's interpretation of Cap-it. Mr. Ellis stated his interpretation is basically the spreadsheet which Mr. Burdett sent to the Commissioners five or six weeks ago of where he thought Cap-it was at; and the crux of the matter gets down to how ad valorem tax revenue is defined for operating funds and ad valorem revenues. He stated under the County Attorney's opinion, those are two different summations using two different values, not just the value from year one to year two, but one that includes cash carry forward and debt-service revenue and one does not; and that is why the Board will never come any where near balancing those two. Chairman Carlson inquired if that is clear to Commissioner O'Brien; with Commissioner O'Brien responding it is getting clearer; and he read all the materials and spoke to other people as well. He stated the public went to referendum and voted saying strongly they did not want to have an increase in taxes that exceeded 3%; that is the basic language; the words in the referendum question stated that; but he is looking at a budget increase tonight of 4.3%, which is more than 3%. Mr. Ellis noted it is 8.6% over rolled back millage rate.

Chairman Carlson advised the language of the amendment that talks about revenues and what Mr. Ellis is talking about basically sounds like it invalidates what Cap-it is all about because of the issue of revenues and his argument that the Board should not use cash forward revenues. She stated it is an interesting dichotomy of views with the County Attorney stating one set of views and Mr. Ellis stating another; and without an appropriate challenge by someone in the community, the Board would not have a leg to stand on if it does not go with its legal counsel's opinion. She stated the Board could argue the issue forever and she is not sure it would come out right, wrong, or whatever; and if there are further questions for Mr. Ellis, they should be put on the table. Commissioner O'Brien stated that is what he is trying to do. Chairman Carlson stated it is getting confusing because of percentages being thrown around; it is difficult for the citizens to try and understand what is being discussed; and there are other opinions still to be heard. Mr. Ellis stated there is a Special Act with a 10% tax increase cap; the intent of the Charter amendment was to be stricter than the Special Act; under the County Attorney's interpretation, the Board could potentially raise taxes to yield $38.4 million this year when the numbers are put into that equation; and the way that is achieved is that cash carry forward is only used on one side of the equation. He stated it is so far out of balance that the Board will never use Cap-it in any determination. Chairman Carlson stated that is what she said before, that it basically invalidates Cap-it in general based on the comments from Mr. Ellis. Mr. Ellis stated they are not his comments, they are Mr. Knox'' legal opinion. Chairman Carlson stated she is talking about what Mr. Giles passed out to the Board. Mr. Ellis stated what was passed out used Mr. Knox's legal algebra and applied the real numbers to it in an environment with Mr. Knox, Mr. Whitten, and Mr. Rogero present. Chairman Carlson stated that is Mr. Ellis' interpretation of Mr. Knox's opinion, so that is where it sits. Mr. Ellis stated it is not his interpretation, they were together at a meeting in Commissioner Colon's office; the numbers were put to the formula, and he wanted their interpretation with the Budget Office's numbers so there would be no dispute; and with numbers like that the Board will never exceed Cap-it, so it is pointless to do any kind of further calculation.

Commissioner O'Brien stated he does not want the Board to invalidate the will of the people; and inquired if the Board is abiding by that. Chairman Carlson noted she understands Commissioner O'Brien's point.

Commissioner Higgs stated she does not think the Board is invalidating the referendum; the language in Cap-it applied strictly as a legal application will reach the conclusion Mr. Knox reached; so that is a valid interpretation. She stated the 1973 Special Act does not talk about rolled back or rolled forward, and talks about one year over the over; it predates the TRIM notice, which gets into the roll back/rolled forward issue; so it is not appropriate to talk about rolled back and more appropriate to talk about one year over the other to calculate the 3%. She stated there is an application the Board could take of the 3% that works within the concept of being true to what has passed; the County Attorney did a valid application of the language of Cap-it and it is legal and defensible; but her concern is that people voted for 3% above what the County had this year; that to her is in regard to non-voted millages; it the Board goes over 3%, it would have to go for a vote; the majority of the electors has approved a number of items already; so the voted millages should be set aside and the 3% applied to last year's millage. She stated taking the current non-voted aggregate millage and multiplying that times 1.03 it would reach the maximum non-voted millage that can be levied in the following year; and the Board would be only about $510,000 away from where it is in terms of non-voted millage revenue. Commissioner Higgs stated the Board could proceed consistent with the County Attorney's interpretation, but also consistent with what she believes was the intent of the people, by simply trimming 3% of what is in the non-voted millages to comply with the letter and intent of the law. She stated that would be $510,000 in expenditures; and that is the course of action she would like to see the Board consider.

Motion by Commissioner Higgs, to discuss $510,000 cuts in the proposed budget to meet the 3% figure. Motion died for lack of a second.

Commissioner Scarborough stated it is not wrong to reach out and try to understand what the people want, but he has concerns about doing that at this hour; and it may be more prudent, if the Board wanted to reduce the budget by a given amount, to start discussing what items it wants to eliminate as opposed to eliminating 3% or going to 3% and eliminating $510,000. He stated each Commissioner may feel differently about certain items; if it went to court, the court would go with the Clerk's interpretation or the County Attorney's interpretation; and those issues should be raised, but the Board is not here in that capacity. He stated if the Board wants to trim the budget, it needs to go to specific items and discuss them and how they will impact the citizens; and everything that is cut from the budget saves the taxpayers some money, but impacts something the taxpayers expect and want from the County. Commissioner Scarborough advised he told people and homeowners associations that their taxes would be going up but they would have more deputies and more frequent spraying for mosquitoes; and he is not prepared to go back and say he arbitrarily felt that was going to happen, but other Commissioners felt differently. He stated the Board put many months into the budget; if it has things to cut, then it should cut them; and if it ends up with $510,000 cuts or $1 million dollar cuts, that is fine, but the Board should start with the cuts.

Commissioner Colon stated the Board worked very hard on the budget and she is not willing to cut the Clerk's budget because Mr. Ellis worked hard to bring up the level of service needed in the community; and she is not willing to cut the Sheriff's budget, which needs another $100,000 as suggested today, nor is she willing to cut the judicial services. She stated she will go along with further discussions on the budget, but is not willing to cut it.

Commissioner Higgs stated she agrees the Board worked hard on the budget to bring it in line with the service needs of the community; the General Fund cash forward this year in operating is $18,369,920; that figure is consistent with the budgets of previous years; so the cuts would not affect services. She stated the Board could take some things out tonight that could be put back at mid-year because it always gets additional revenues; it has a significant cash forward; and she is willing to look at trimming back the Clerk's budget and some court operations because those are areas that have the largest increases. She stated court costs increased by $2 million; the Clerk got an additional $1 million more than last year; and that's an area the Board could do some decreasing. She stated all it has to look for is $510,000 to be consistent with the 3%; the language in Cap-it says Brevard County shall not increase the ad valorem revenue for operating funds in one year by more than 3% over the ad valorem revenue in the previous year without approval of the majority of the electors; so she is looking at the intent of what is in the language and not just how she feels. Commissioner Higgs stated there is a 4% increase in salaries for County employees plus 2% for merit increases that the Board could look at; it did not consider sharing the cost in regard to health insurance; there are other ways it can look at it; and it can move forward tonight and decrease $510,000 without decreasing services because at midyear it always has additional monies to reallocate. She noted this is an unusual year, but she still believes there will be opportunity to look at those needs that it may not fund tonight at mid-year.

Commissioner O'Brien stated there are some solutions; and Commissioner Higgs brought some forward; but before he looks at cutting employees' raises, which are cost of living raises, there are other areas to get to $510,000, and other Commissioners can find more. He stated it is tough to keep employees who get 4% raises and their spending power does not increase, so that is inappropriate. He stated CBO can be cut by 25% which would be $50,000; BCA can be cut by 25% for $25,000; CIP can be cut by 10% for close to $100,000; and Housing and Human Services operating expenses can be cut by 10% for $150,000; so there are other ways to look at it. He stated the Sheriff's Department got eight officers for schools and eight road deputies; the Board could cut that by 25% and phase them in next year as it tries to get the Sheriff to his 1.8 deputies per 1,000 capita; and it does not all have to be done this year. He stated those are some of his ideas of where the Board can cut the budget, and hopes other Commissioners have other ideas.

Chairman Carlson stated she appreciates everyone's hard work at trying to interpret Cap-it; it has been an interesting exercise for everyone; Mr. Ellis has done due diligence on his interpretation; Commissioner Higgs attempted to have her own interpretation; and the Board received an opinion from its legal counsel who has done his best with his interpretation. She stated the bottom line is what it reads in the actual amendment, which is ad valorem revenues; however, the Board describes it or however it goes forward from this point on, that is what is written; and whatever the intent was and what the citizens actually voted for is questionable. She stated that is what happens when there are amendments that go to ballot that are on the confusing side; the Board is put in this position because people came to it and requested to put something on the ballot; it got passed because of the intent the voters wanted; they thought 3% was a good number and sounded good; but by cutting the Clerk's budget or anything at this point seems premature because as Mr. Jenkins commented, he would be trying to reserve dollars for shortfalls that may occur in the next few months, and look at the Clerk's problems so some traffic citations that have not been recovered will provide additional revenue. Mr. Ellis stated that would be a mid-year budget supplement. Chairman Carlson stated all discussion is well intended; and she personally wants the Board to take the legal opinion from its attorney rather than Commissioner Higgs' interpretation of what she thinks the intent of the citizens were when they voted for it. She stated the County Attorney's opinion should give the Board the best legal standing if anyone chooses to challenge the Cap-it amendment.

Mr. Jenkins advised the County Attorney has not done his opinion in isolation; he consulted with him, Assistant County Manager Whitten, and the County's Financial Advisor, and had numerous discussions on this issue; so it is not just Mr. Knox's opinion. He stated the result of those conversations was a literal translation of what the Charter Amendment says; they have not tried to interpret it or attempt to mix issues such as TRIM with Cap-it because they are separate issues; so they did nothing but a literal translation.

Chairman Carlson stated she understands there is potential for additional dollars, but the Board does not know how much money it is going to get in; as time goes on, it will actually see that; so there may be some buffering that may occur to help with any shortfalls it may have because of security issues and other dollars the Board may need to give the Sheriff for federal mandates. She called for a motion on the budget.

Motion by Commissioner O'Brien, to reduce the CBO funding by 25%. Motion died for lack of a second.

Motion by Commissioner O'Brien, to reduce the BCA funding by 25%. Motion died for lack of a second.

Motion by Commissioner O'Brien, to reduce the Capital Improvements Program funding by 10% across-the-board. Motion died for lack of a second.

Motion by Commissioner O'Brien, to reduce Housing and Human Services Operating Budget by 10%. Motion died for lack of a second.

Chairman Carlson stated she is willing to go with the budget as is; with Commissioner O'Brien responding he is not. Commissioner Scarborough stated if the Board wants to shift the discussion to ad valorem millage increase it could; what Commissioner Higgs said is essentially walking away from the Clerk's discussion and rather than revenue, look at millage increase; and inquired if that is correct; with Commissioner Higgs responding the millage and revenue is one and the same percentage-wise. Commissioner Scarborough stated he does not think anybody, including the Clerk and County Attorney would say there is any support for that. Commissioner Scarborough stated if the discussion is on revenue and shifts to millage, it is a totally different measure; the Board can adopt that measure if it wants to, but it would be something it should do as a Board accepting that as where it wants to be; and knowing the voters, they probably do not understand the difference between millage and revenue, so that becomes nebulous. He stated if the Commissioners were polled they would make a distinction between millage and revenue; they are not the same to him; it is okay to say the Board is going to do something because it captures a concept that it would like to incorporate as a Board policy; but rather than going to that broad policy, he would not mind talking about ways to find $510,000 to make it work. Commissioner Scarborough stated some of the things Commissioner O'Brien wants to cut concerns him because there are people who will be impacted by the economic downturn who will be helped by the CBO groups; that is an area where the Board may find additional requests for funding as a problem of an economic nature occurs; and he needs to move to something that he has a higher level of comfort with.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the FY 2001-02 County budget as proposed at $612,073,662 for County Agencies, $79,471,237 for Charter Officers, and $45,208,940 for Dependent Special Districts.

Commissioner O'Brien advised some of the programs funded through the CBO do not impact people economically; some are righteous programs; he is in favor of programs for children and caring for Alzheimer's patients, or ones that impact the community; but some of the money given to nonprofits have no economic impact on the community.

Commissioner Higgs inquired if the millage was decreased by 3%, would it produce a 3% decrease in revenue; with Mr. Jenkins responding it would depend on what is included in the revenue. Commissioner Higgs stated taking the non-voted aggregate millage and increasing it by 3%, would it increase the revenue by 3%; with Commissioner Scarborough responding no. Commissioner Scarborough stated if the Board takes just ad valorem revenue it can do it, but if it moved to total revenue, it would have a problem because all the revenue does not come from ad valorem taxes. Commissioner Higgs stated she understands that, but is trying to equate non-voted ad valorem millages with the revenue it would produce. She requested the accountant tell her if 3% increase of non-voted ad valorem millage equates to 3% increase in non-voted ad valorem millage revenue. She stated if three members of the Board are ready to move forward with what is presented and not answer that question, that is what they need to do. Mr. Ellis stated he believes Commissioner Higgs is correct. Commissioner Higgs stated her point is that talking about millage is talking about revenue that is produced from that millage; and that is why she feels comfortable talking about the millage, but disagrees that the amendment talks about TRIM.

Mr. Ellis stated on July 11, 2001, the Board was 3% over current millage; the debate would have been is it 3% over rolled back or 3% over current; but by the time the tentative millage was set, it moved off that 3% to 4.61%; and that is where his staff began discussions with the Budget office. Commissioner Higgs stated her position is 3% over current because she sees no indication anywhere of needing to go to the rolled back millage. Mr. Ellis stated although he disagrees, that is a rational position.

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

PUBLIC HEARING, RE: RESOLUTION ESTABLISHING FINAL MILLAGES FOR FY
2001-02

Chairman Carlson called for the public hearing to approve each millage, announce recomputed aggregate millages, and adopt Resolution establishing the final millages for FY 2001-02.

General Fund

Budget Analyst Jim Ernest advised the FY 2000-01 millage for the General Fund is 4.1042 mills; the tentative FY 2001-02 millage is 4.2303 mills; the estimated ad valorem tax revenue is $76,979,460; and the total tentative budget is $167,901,714.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve the General Fund millage for FY 2001-02 at 4.2303 mills, and the final budget at $167,901,714. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

Library District

Mr. Ernest advised the FY 2000-01 millage for the Library District is 0.7204 mill; the tentative FY 2001-02 millage is 0.7204 mill; the estimated ad valorem tax revenue is $13,141,159; and the total tentative budget is $17,825,375.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve the Library District millage for FY 2001-02 at 0.7204 mill, and the final budget at $17,825,375. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

Mosquito Control District

Budget Analyst Tim Hamilton advised the FY 2000-01 millage for Mosquito Control District is 0.2170 mill; the tentative FY 2001-02 millage is 0.2085 mill; the estimated ad valorem tax revenue is $3,803,303; and the total tentative budget is $8,908,204.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve the FY 2001-02 millage for Mosquito Control District at 0.2085 mill, and the final budget at $8,908,204. Motion carried and ordered unanimously.

Commissioner O'Brien advised people do not like mosquitoes; and he gets more calls about mosquitoes than anything else.

Fire Control MSTU

Mr. Hamilton advised the FY 2000-01 millage for Fire Control MSTU is 2.2035 mills; the tentative FY 2001-02 millage is 2.2527 mills; the estimated ad valorem tax revenue is $19,324,007; and the tentative FY 2001-02 budget is $18,913,928.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve the FY 2001-02 millage for Fire Control MSTU at 2.2527 mills, and the final budget at $18,913,928. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

Recreation District 1 MSTU

Mr. Ernest advised the FY 2000-01 millage for Recreation District 1 MSTU is 0.5133 mill; the tentative FY 2001-02 millage is 0.5740 mill; the estimated ad valorem tax revenue is $1,460,758; and the tentative FY 2001-02 budget is $5,165,656.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve the FY 2001-02 millage for Recreation District 1 MSTU at 0.5740 mill, and the final budget at $5,165,656. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

Recreation District 4 O&M

Mr. Ernest advised the FY 2000-01 millage for Recreation District 4 O&M is 0.6226 mill; the tentative FY 2001-02 millage is 0.6391 mill; the estimated ad valorem tax revenue is $1,112,013; and the tentative FY 2001-02 budget is $4,314,587.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve the FY 2001-02 millage for Recreation District 4 O&M at 0.6391 mill, and the final budget at $4,314,587. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

TICO Airport Authority

Mr. Hamilton advised the FY 2000-01 millage for TICO Airport Authority is 0.0242 mill; the tentative FY 2001-02 millage is 0.0232 mill; the estimated ad valorem tax revenue is $180,791; and the tentative FY 2001-02 budget is $1,286,824.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve the FY 2001-02 millage for TICO Airport Authority at 0.232 mill, and the final budget at $1,286,824. Motion carried and ordered unanimously.

Law Enforcement MSTU

Mr. Hamilton advised the FY 2000-01 millage for Law Enforcement MSTU is 0.9805 mill; the tentative FY 2001-02 millage is 1.1920 mills; the estimated ad valorem tax revenue is $9,561,543; and the tentative FY 2001-02 budget is $9,478,466.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to approve the FY 2001-02 millage for Law Enforcement MSTU at 1.1920 mills, and the final budget at $9,478,466. Motion carried and ordered unanimously.

Road and Bridge District 1 MSTU

Mr. Ernest advised the FY 2000-01 millage for Road and Bridge District 1 MSTU is 0.7677 mill; the tentative FY 2001-02 millage is 0.7734 mill; the estimated ad valorem tax revenue is $1,138,702; and the tentative FY 2001-02 budget is $1,527,581.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve the FY 2001-02 millage for Road and Bridge District 1 MSTU at 0.7734 mill, and the final budget at $1,527,581. Motion carried and ordered unanimously.

Road and Bridge District 2 MSTU

Mr. Ernest advised the FY 2000-01 millage for Road and Bridge District 2 MSTU is 0.4063 mill; the tentative FY 2001-02 millage is 0.3860 mill; the estimated ad valorem tax revenue is $875,377; and the tentative FY 2001-02 budget is $1,006,412.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the FY 2001-02 millage for Road and Bridge District 2 at 0.3860 mill, and the final budget at $1,006,412. Motion carried and ordered unanimously.

Road and Bridge District 3 MSTU

Mr. Hamilton advised the FY 2000-01 millage for Road and Bridge District 3 MSTU is 0.6324 mill; the tentative FY 2001-02 millage is 0.5907 mill; the estimated ad valorem tax revenue is $621,968; and the tentative FY 2001-02 budget is $810,201.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to approve the FY 2001-02 millage for Road and Bridge District 3 MSTU at 0.5907 mill, and the final budget at $810,201. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU

Mr. Hamilton advised the FY 2000-01 millage for Road and Bridge District 4 MSTU is 0.4606 mill; the tentative FY 2001-02 millage is 0.4339 mill; the estimated ad valorem tax revenue is $849,633; and the tentative FY 2001-02 budget is $885,467.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve the FY 2001-02 millage for Road and Bridge District 4 MSTU at 0.4339 mill, and the final budget at $885,467. Motion carried and ordered unanimously.

Road and Bridge District 5 MSTU

Mr. Ernest advised the FY 2000-01 millage or Road and Bridge District 5 MSTU is 0.6850 mill; the tentative FY 2001-02 millage is 0.6618 mill; the estimated ad valorem tax revenue is $578,656; and the tentative FY 2001-02 budget is $1,018,848.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to approve the FY 2001-02 millage for Road and Bridge District 5 MSTU at 0.6618 mill, and the final budget at $1,018,848. Motion carried and ordered unanimously.

Road and Bridge District 4 North Beaches MSTU

Mr. Ernest advised the FY 2000-01 millage for Road and Bridge District 4 North Beaches MSTU is 0.5664 mill; the tentative FY 2001-02 millage is 0.5397 mill; the estimated ad valorem tax revenue is $171,187; and the tentative FY 2001-02 budget is $389,808.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve the FY 2001-02 millage for Road and Bridge District 4 North Beaches MSTU at 0.5397 mill, and the final budget at $389,808. Motion carried and ordered unanimously.

Road and Bridge District 4 South Merritt Island MSTU

Mr. Hamilton advised the FY 2000-01 millage for Road and Bridge District 4 South Merritt Island MSTU millage is 0.2110 mill; the tentative FY 2001-02 millage is 0.1963 mill; the estimated ad valorem tax revenue is $15,507; and the tentative FY 2001-02 budget is $82,481.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the FY 2001-02 millage for Road and Bridge District 4 South Merritt Island MSTU at 0.1963 mill, and the final budget at $82,481. Motion carried and ordered unanimously.

Merritt Island Recreation MSTU O&M

Mr. Hamilton advised the FY 2000-01 millage for Merritt Island Recreation MSTU O&M is not applicable; the tentative FY 2001-02 millage is 0.1000 mill; the estimated ad valorem tax revenue is $187,341; and this item is included under the voted debt service.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the FY 2001-02 millage for Merritt Island Recreation MSTU O&M at 0.1000 mill. Motion carried and ordered unanimously.

South Brevard Recreation Special District O&M

Mr. Ernest advised the FY 2000-01 millage for South Brevard Recreation Special District O&M is not applicable; the tentative FY 2001-02 millage is 0.1000 mill; the estimated ad valorem tax revenue is $1,008,872; and this item is included under the voted debt service.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to approve the FY 2001-02 millage for South Brevard Recreation Special District O&M at 0.1000 mill. Motion carried and ordered unanimously.

Environmentally Endangered Lands Voted Debt Service

Mr. Ernest advised the FY 2000-01 millage for Environmentally Endangered Lands Voted Debt Services is 0.2500 mill; the tentative FY 2001-02 millage is 0.2500 mill; the estimated ad valorem tax revenue is $4,560,316; and the tentative budget for FY 2001-02 is $10,256,950.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the FY 2001-02 millage for Environmentally Endangered Lands Voted Debt Service at 0.2500 mill; and the final budget at $10,256,950. Motion carried and ordered; Commissioner Colon voted nay.

Beach and Riverfront Acquisition Voted Debt Service

Mr. Hamilton advised the FY 2000-01 millage for Beach and Riverfront Acquisition Voted Debt Service is 0.2120 mill; the tentative FY 2001-02 millage is 0.2051 mill; the estimated ad valorem tax revenue is $3,741,130; and the tentative FY 2001-02 budget is $4,322,987.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve the FY 2001-02 millage for Beach and Riverfront Acquisition Voted Debt Service at 0.2051 mill, and the final budget at $4,322,987. Motion carried and ordered unanimously.

Port St. John/Canaveral Groves Recreation Facility MSTU

Mr. Hamilton advised the FY 2000-01 millage for Port St. John/Canaveral Groves Recreation Facility MSTU is 0.8398 mill; the tentative FY 2001-02 millage is 0.9000 mill; the estimated ad valorem tax revenue is $465,277; and the tentative FY 2001-02 budget is $1,157,170.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve the FY 2001-02 millage for Port St. John/Canaveral Groves Recreation Facility MSTU at 0.9000 mill, and the final budget at $1,157,170. Motion carried and ordered; Commissioner O'Brien voted nay.

North Brevard Recreation Special District Voted Debt Service

Mr. Ernest advised the FY 2000-01 millage for North Brevard Recreation Special District Voted Debt Service is not applicable; the tentative FY 2001-02 millage is 0.8000 mill; the estimated ad valorem tax revenue is $1,475,535; and the tentative FY 2001-02 budget is $1,401,758.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to approve the FY 2001-02 millage for North Brevard Recreation Special District Voted Debt Service at 0.8000 mill, and the final budget at $1,401,758. Motion carried and ordered unanimously.

Merritt Island Recreation MSTU

Mr. Ernest advised the FY 2000-01 millage for Merritt Island Recreation MSTU Voted Debt Service is not applicable; the tentative FY 2001-02 millage is 0.7000 mill; the estimated ad valorem tax revenue is $21,311,389; and the tentative FY 2001-02 budget is $1,423,793.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the FY 2001-02 millage for Merritt Island Recreation MSTU at 0.7000 mill, and the final budget at $1,423,793. Motion carried and ordered unanimously.

South Brevard Recreation Special District Voted Debt Service

Mr. Ernest advised the FY 2000-01 millage for South Brevard Recreation Special District Voted Debt Service is not applicable; the tentative FY 2001-02 millage is 0.5000 mill; the estimated ad valorem tax revenue is $5,044,358; and the tentative FY 2001-02 budget is $5,750,568.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to approve the FY 2001-02 millage for South Brevard Recreation Special District Voted Debt Service at 0.5000 mill, and the final budget at $5,750,568. Motion carried and ordered unanimously.

Mr. Rogero advised the FY 2001-02 aggregate tentative millage is 7.199 mills and represents an 8.63% increase over the aggregate rolled back rate of 6.6277 mills, and a 4.61% increase over the aggregate current rate of 6.8820 mills.

Mr. Hamilton read the resolution adopting the final millages for FY 2001-02 pursuant to Chapter 200, Florida Statutes.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution adopting the final millages pursuant to Chapter 200, Florida Statutes, authorizing the Board of County Commissioners to adopt final millages for FY 2001-02; and providing an effective date. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

PUBLIC HEARING, RE: RESOLUTION ADOPTING THE COUNTY'S FINAL BUDGET
FOR FY 2001-02

Chairman Carlson called for the public hearing to consider a resolution adopting the County's final budget for FY 2001-02.

Budget Analyst Jim Ernest read the resolution adopting the County's final budget for FY 2001-02 pursuant to Chapter 200, Florida Statutes.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution adopting the final budget pursuant to Chapter 2000, Florida Statutes, authorizing the Board of County Commissioners to adopt the budget for FY 2001-02 at $736,753,839; and providing an effective date. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

PUBLIC HEARING, RE: RESOLUTIONS ADOPTING FINAL MILLAGES FOR FY 2001-02
FOR DEPENDENT SPECIAL TAXING DISTRICTS

Chairman Carlson called for the public hearing to consider resolutions adopting final millages for FY 2001-02 for Dependent Special Taxing Districts.

Brevard County Free Public Library District

Budget Analyst Tim Hamilton read the resolution adopting the final millage for FY 2001-02 for Brevard County Free Public Library District at 0.7204 mill, estimated tax revenue at $13,141,159, and tentative budget at $17,825,375.

Brevard Mosquito Control District

Budget Analyst Jim Ernest read the resolution adopting the final millage for FY 2001-02 for Brevard Mosquito Control District at 0.2085 mill, estimated tax revenue at $3,803,303, and tentative budget at $8,908,204.

Brevard County Recreation Special District IV O&M

Mr. Hamilton read the resolution adopting the final millage for FY 2001-02 for Brevard County Recreation Special District IV O&M at 0.6391 mill, estimated tax revenue at $1,11`2,013, and tentative budget at $4,314,587.

Titusville-Cocoa Airport Authority

Mr. Ernest read the resolution adopting the final millage for FY 2001-02 for Titusville-Cocoa Airport Authority at 0.0232 mill, estimated tax revenue at $180,791, and tentative budget at $1,286,824.

South Brevard Recreation Special District

Mr. Hamilton read the resolution adopting the final millage for FY 2001-02 for South Brevard Recreation Special District at 0.6000 mill, estimated tax revenue at $6,053,230, and tentative budget at $5,750,568.

North Brevard Recreation Special District

Mr. Ernest read the resolution adopting the final millage for FY 2001-02 for North Brevard Recreation Special District at 0.8000 mill, estimated tax revenue at $1,475,535, and tentative budget at $1,401,758.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolutions adopting final millages for Brevard County Free Public Library District, Brevard Mosquito Control District, Brevard County Recreation Special District IV O&M, Titusville-Cocoa Airport Authority, South Brevard Recreation Special District, and North Brevard Recreation Special District for FY 2001-02, as read into the record. Motion carried and ordered; Commissioner O'Brien voted nay.

PUBLIC HEARING, RE: RESOLUTIONS ADOPTING FINAL BUDGETS FOR FY 2001-02
FOR DEPENDENT SPECIAL TAXING DISTRICTS

Chairman Carlson called for the public hearing to consider resolutions adopting final budgets for FY 2001-02 for Dependent Special Taxing Districts.

Brevard County Free Public Library District

Budget Analysis Tim Hamilton read the resolution adopting the FY 2001-02 budget for the Brevard County Free Public Library District at $17,825,375.

Brevard Mosquito Control District

Budget Analyst Jim Ernest read the resolution adopting the FY 2001-02 budget for Brevard Mosquito Control District at $8,908,204.

Brevard County Recreation Special District IV Operations and Maintenance

Mr. Hamilton read the resolution adopting the FY 2001-02 budget for Brevard County Recreation Special District IV Operations and Maintenance at $4,314,587.

Titusville-Cocoa Airport Authority

Mr. Ernest read the resolution adopting the FY 2001-02 budget for Titusville-Cocoa Airport Authority at $1,286,824.

South Brevard Recreation Special District

Mr. Hamilton read the resolution adopting the FY 2001-02 budget for South Brevard Recreation Special District at $5,750,568.

North Brevard Recreation Special District

Mr. Ernest read the resolution adopting the FY 2001-02 budget for North Brevard Recreation Special District at $1,401,758.

Merritt Island Redevelopment Agency

Mr. Hamilton read the resolution adopting the FY 2001-02 budget for Merritt Island Redevelopment Agency at $938,895.

Barefoot Bay Water and Sewer District

Mr. Ernest read the resolution adopting the FY 2001-02 budget for Barefoot Bay Water and Sewer District at $4,096,894.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolutions adopting final budgets for FY 2001-02 for Brevard County Fire Public Library District, Brevard Mosquito Control District, Brevard County Recreation Special District IV Operations and Maintenance (O&M), Titusville-Cocoa (TICO) Airport Authority, South Brevard Recreation Special District, North Brevard Recreation Special District, Merritt Island Redevelopment Agency, and Barefoot Bay Water and Sewer District as read into the record. Motion carried and ordered; Commissioner O'Brien voted nay.

AUTHORIZATION TO EXECUTE, RE: ANTHROPOID BUDGET FOR FY 2001-02

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize the Chairman to execute the Anthropoid Budget for FY 2001-02 for the Mosquito Control District. Motion carried and ordered unanimously.

AUTHORIZATION TO EXECUTE, RE: CERTIFICATE OF COMPLIANCE AND
FORM DR-487

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the Assistant County Manager for Management Services to execute the Certificate of Compliance with Chapter 200, Florida Statutes (TRIM), and Florida Department of Revenue Form DR-487. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ADOPTING YEAR-END SUPPLEMENTAL
BUDGETS FOR FY 2000-01

Chairman Carlson called for the public hearing to consider a resolution adopting the year-end supplemental budgets for FY 2000-01.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution adopting year-end supplemental budgets for FY 2000-01 by a total of $9,889,254. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING LAW ENFORCEMENT MSTU

Chairman Carlson called for the public hearing to consider an ordinance amending the Law Enforcement MSTU to increase the millage to 2 mills.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt Ordinance amending Brevard County Ordinance No. 87-06, pertaining to the Law Enforcement Municipal Services Taxing Unit; authorizing an increase in the Law Enforcement Municipal Services Taxing Unit levy by the Brevard Board of County Commissioners to a tax not to exceed two (2) mills on all of the real and other taxable property within said Taxing Unit for the purposes of providing law enforcement services, operations, and facilities; providing for the adoption, assessment, levy and collection of such taxes within said Taxing Unit; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 01-54, TEMPORARY
MORATORIUM IN 25-YEAR RIVERINE FLOODPLAIN

Chairman Carlson called for the public hearing to consider an ordinance amending Ordinance No. 01-54, establishing a temporary moratorium on development in the 25-year riverine floodplain, to exempt properties under contract by October 1, 2001.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt Ordinance amending Ordinance No. 01-54 adopted by the Board of County Commissioners of Brevard County, Florida on August 28, 2001, specifically amending Section 12, Effective Date, to include language that clarifies that the provisions of Ordinance No. 01-54 do not apply to any property for which the owner, prior to October 1, 2001, entered into a bona fide contract in which that owner has agreed to pay the cost of constructing or financing new improvements for which an impact fee would have to be paid subsequent to the adoption of Ordinance No. 01-54; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date. Motion carried and ordered unanimously.

APPROVAL, RE: PUBLIC ENTITY EXCESS LIABILITY INSURANCE PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve the Public Entity Excess Liability Insurance Program for FY 2001-02 as proposed by A. J. Gallagher, effective October 1, 2001. Motion carried and ordered unanimously.

AGREEMENT WITH OFFICE OF STATE COURTS ADMINISTRATOR, RE: CIVIL TRAFFIC
INFRACTION HEARING OFFICER PROGRAM GRANT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Grant-in-Aid Agreement with the Office of State Courts Administrator for $23,907 matching grant to fund the Civil Traffic Infraction Hearing Officer Program. Motion carried and ordered unanimously.

AWARD OF BID, RE: TELEVISION EQUIPMENT AND INSTALLATON IN FLORIDA ROOM

Motion by Commissioner Higgs, seconded by Commissioner Colon, to award Bid #B-4-01-87, Television Equipment and Installation in Florida Room, to Encore Broadcast Equipment and Sales, at $117,875.40 including upgraded DV Cams. Motion carried and ordered unanimously.

AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, AND
CONTRACT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE:
CHAIN OF LAKES REGIONAL STORMWATER PARK GRANT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Agreement with St. Johns River Water Management District to share the cost of the Chain of Lakes Project, Phase I, and execute Contract No. WM804 with Florida Department of Environmental Protection for grant to construct three detention facilities for the Chain of Lakes Regional Stormwater Facility. Motion carried and ordered unanimously.

NOTICE OF RENEWAL OF AGREEMENT WITH METROCALL, INC., RE: LEASING
OF PAGING SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Written Notification of Contract Renewal to Metrocall, Inc. for lease of paging services from October 1, 2001 through September 30, 2002 at $60,000; and authorize the County Manager to execute and process subsequent renewals for the remainder of the Contract term. Motion carried and ordered unanimously.

APPROVAL OF EXECUTIVE SESSION, RE: BREVARD COUNTY v. COMRIE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize advertising and scheduling of an executive session on October 2, 2001, at 11:30 a.m. or as soon thereafter as possible, to discuss settlement of the Brevard County v. Comrie case. Motion carried and ordered unanimously.

REAPPOINTMENTS, RE: TOURIST DEVELOPMENT COUNCIL

Motion by Commissioner Higgs, seconded by Commissioner Colon, to reappoint Tom Wasdin and Roger Dobson to the Tourist Development Council, with terms expiring October 1, 2005 and November 3, 2005 respectively. Motion carried and ordered unanimously.

AGREEMENT WITH SPACE COAST EMERGENCY MEDICAL SERVICES, P.A.
(JOHN R. McPHERSON, M.D., P.A.), RE: MEDICAL DIRECTION SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Agreement with Space Coast Emergency Medical Services, P.A. (John R. McPherson, M.D., P.A. to provide medical direction services for an initial term of three years with two one-year renewals at $82,200 per year plus per call stipend. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION, RE: DUI ENFORCEMENT PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Sheriff's Office to submit a grant application to Florida Department of Transportation to continue funding the last of three years of the DUI Enforcement Program grant to fund a sergeant position and minor expenses up to $38,941. Motion carried and ordered unanimously.

REPORT, RE: BUDGET PROCESS

Commissioner Scarborough stated people may think the Board deals with the budget in a cavalier manner; however, it spent nine months dealing with different budget issues; and some of the issues involved interpretation of words. He stated Commissioner Higgs tried to make an interpretation; but a $510,000 reduction would result in 35¢ less taxes for an average house of $85,000 with $25,000 homestead exemption. He stated while the Board gets very involved in the budget, sometimes the ramifications are more esoteric and of a legal nature than of a material nature; but it shows the amount of time people have put into it. He stated the Clerk has put a lot of time in trying to respond to some of the concerns; Brevard County has a good government because people care about how things should be interpreted; and while the Board disagreed at this meeting, it challenged him; and he appreciates the people for bringing the ideas to the table.

CLARIFICATION OF APPROVAL, RE: FUNDING OF JUVENILE ASSESSMENT CENTER

County Manager Tom Jenkins advised at the last budget hearing, the Board authorized reallocating an existing $234,094 to the Juvenile Assessment Center; no vote was taken on the motion that was made; and requested clarification for the Clerk's records.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to clarify authorization to reallocate $234,094 to the Juvenile Assessment Center for FY 2001-02. Motion carried and ordered; Commissioner O'Brien voted nay.

Upon motion and vote, the meeting adjourned at 8:21 p.m.

ATTEST: _________________________________
SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

____________________
SCOTT ELLIS, CLERK

(S E A L)