The Board of County Commissioners of Brevard County, Florida, met in special session on September 4, 1997, at 5:46 p.m., in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

Chairman O'Brien advised of technical problems with the cameras which caused a delay in the meeting, and instructed the public on the proper procedure for addressing the Board.

APPROVAL TO SCHEDULE, RE: EXECUTIVE SESSION FOR OPM-USA

County Attorney Scott Knox advised the Board has two executive sessions scheduled for September 9, 1997; and requested permission to schedule the OPM-USA case on the same day.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize the County Attorney to schedule an executive session regarding OPM-USA on September 9, 1997, at 1:00 p.m. Motion carried and ordered unanimously.

RESOLUTION, RE: REQUESTING DENIAL OF FLORIDA POWER & LIGHT COMPANY'S APPLICATION TO BURN ORIMULSION

Commissioner Scarborough advised of a proposed resolution requesting the Governor and Cabinet to deny the application of Florida Power & Light Company to burn orimulsion; and requested Mary Tees advise the Board of the potential problems.

Mary Tees, President of Port St. John Homeowners Association, advised Florida Power & Light Company has approached the State for a process called orimulsion, which is a cheap product out of the Venezuelan oil fields, and is actually bitumen and water, which is a filthy burning product that will put nitrous oxide into the air, and with sunlight will damage the ozone layer. She stated they claim they will be able to put in scrubbers to clean the stack so that it does not go into the environment; however, according to the petroleum industry, there is nothing that will clean the nitrous oxide out of the air; so even if they take tiny particles of other things out, the gas is going in. Ms. Tees stated the big disadvantage of this product is it does not float and sinks to a depth of ten feet. She advised Florida Power & Light Company wants to put it in Manatee County and use Tampa Bay as the waterway to transport the material; and if a tanker were to sink or hit a bridge, it would be an environmental disaster. She noted the management of the Canaveral plant is interested in using the product because it is cheap and they can lower the rate for the average customer three cents a day; three cents a day is not enough to kill the Indian River; and if one of those barges hits a bridge or something, the Indian River will be destroyed. She stated it would take about two years to be cleaned up; and the County would lose the manatees, clam beds, and tourists. Ms. Tees stated it is not a product that should be used in the Florida; Great Britain said no; Wales closed the process down because it was too polluting, and there is no state that will take it out of the 50 states. She stated the Cabinet should be aware that Brevard County, along with the City of Orlando, Hernando County, and other counties in the State are violently and unalterably opposed to that type of process; and requested the Board send a resolution asking the State to deny Florida Power & Light Company's application to change its current process to orimulsion.

Commissioner Scarborough advised the Port St. John Homeowners Association has ongoing dialogue with Orlando Utilities and Florida Power & Light Company encouraging them to burn the cleanest fuel possible; orimulsion is a regression; other counties may not be taking action to indicate concern about the burning of orimulsion; so the Board should send a resolution to the Governor and Cabinet requesting it deny Florida Power & Light Company's application to burn orimulsion.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution requesting the Governor and Cabinet, sitting as the Power Plant Siting Board, to deny the Florida Power & Light Company's application for burning of orimulsion at the Cape Canaveral Plant.

Commissioner Higgs advised the proposal before the Cabinet is only on the Manatee plant; and recommended that plant be inserted in the resolution since it is not yet proposed for the Canaveral plant. Commissioner Scarborough suggested a clause stating the Board does not want to see orimulsion burned since it has a plant that may in the future be considered for orimulsion; and if it is allowed in the State, it will not be long before Brevard County will be directly impacted. Commissioner Higgs advised it was debated at the Cabinet Aides meeting.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to amend the motion to include an additional whereas clause referencing the Manatee plant, and if orimulsion comes into the State there is a high probability it will be burned in other plants, including the Cape Canaveral plant in Brevard County.

Chairman O'Brien stated he supports the motion because his company cleans up oil spills; oil floats on top of water and can be recovered, but orimulsion sinks; and if there is a spill at the plant, it could never be cleaned up as there are not enough certified divers who would do it.

Commissioner Voltz stated she will not support the motion because she does not know enough about it; at the Cabinet meeting she heard the positives about it, and does not know what the negatives are; and there is a lot involved.

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

Chairman O'Brien led the assembly in the Pledge of Allegiance.

DISCUSSION, RE: REFINANCING OF CERTIFICATE OF PARTICIPATION

Financial Advisor Tom Holley advised refinancing the Certificate of Participation (COP) with sales tax revenue bonds gives the County a chance to save a significant amount of money; and the refinancing can be structured to enable the Board to buy down the debt and pay four years off the life of the debt. He stated the County could save more than $8 million over the life of the issue; the old COP bore 7% interest, and the new issue would bear 5%; and that is a significant savings.

Commissioner Voltz stated the COP was for lease purchase of something the County does not own. Mr. Holly advised the County has a right to purchase the building; and by paying the COP off, the County will own the building.

Lou Rossi presented a folder to the Board and requested the Board limit its action to discussion and refrain from a decision, as there are numerous problems with the buildings. He related historical data on air quality, construction problems, structural ability to withstand 140 m.p.h. winds, and FEMA recommendations; and stated if the corrections are not made, the taxpayers will pay over $3 million to repair the facility. He stated the Board could relocate and save $30 million plus; and it should look at the needs in North and South Brevard, configure existing facilities to meet those needs, and involve the public in selection of sites. He requested the Board research the issues and provide answers in public hearings and in writing prior to making a decision.

Commissioner Cook advised Dale Young received responses from the County Manager and Facilities Management Director.

Dale Young suggested the Board issue a request for proposals for a private interest to buy the Government Center and lease it to the County. He stated the COP was to protect the County, as it could walk away from it; and advised of a meeting in 1993 of the American Society for Public Administration, official appraisal of the Center, what was paid for the facility, and what has already been paid. He stated if the Board proceeds with refinancing, it would not see a savings for 13 years; and related scenarios that could evaporate the savings by the year 2010. He stated the COP was used to circumvent the law.

Commissioner Higgs inquired if Mr. Young is saying it is more advisable to have annual savings; with Mr. Young responding it was not considered. Commissioner Higgs stated they are all being considered; with Mr. Young responding it still allows the holders to collect the full amount. Commissioner Higgs stated the savings of $8 million is a benefit to the County, but another option is to take $5 million and consider $300,000 savings annually. Mr. Young stated if the County got $300,000 in tax revenue each year, it would not have to go through this scenario; if the County buys the Center, it will pay for the maintenance, insurance, etc.; and the life of it will not go more than 25 years without repairs. Commissioner Cook stated the County is responsible for all repairs now. Mr. Young stated if the County buys it, it will not have an option of leaving the buildings. Commissioner Voltz advised the voters voted for the County to stay at the Government Center. Commissioner Cook requested Mr. Muller give the Board an update on the condition of the building.

Facilities Management Director Hugh Muller advised the building is in good shape and better than most of the other buildings the County owns; some of the CH2M Hill recommendations were complied with and some have "wait and see" status ; and there are no significant air quality problems. He stated the Center was built before Hurricane Andrew and was not built to that Code; but if they renovate the buildings, they will bring them up to Code.

Commissioner Cook advised he was opposed to the COP and reluctant to refinance it, but it is difficult to overlook the potential savings of over $8 million, so he will support Option 1.b. which shortens the life of the debt and provides the most savings. He stated the vote was to stay in the Government Center; realistically he does not think the County will leave the buildings; and to save $8 million over the life of the bond is the best decision.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Scenario 1.b., DSRF (Debt Service Reserve Fund) release placed into escrow account and debt service savings by taking out the longest maturities-final maturity October 1, 2010.

Commissioner Voltz requested Mr. Holley explain why the sales tax was not used initially; with Mr. Holley responding it was before his time, so he cannot address that. He stated currently the COP is paid from the General Fund which includes sales tax revenue; it will be the same source, but it will reduce the interest rate and save money. He noted the County already bears the insurance and maintenance costs for the building. Commissioner Voltz inquired if no matter what goes wrong with the building, will the County still be responsible; with Mr. Holley responding yes.

Commissioner Scarborough advised he did not receive calls, so it is not a burning issue; however, the Board should ensure all questions are answered before voting on it. He stated if the Board goes with refinancing, it has to discuss current value and cannot use future dollars as current dollars, so the amount will be different; consequently, he cannot support proceeding without answers to questions raised tonight. Commissioner Cook stated Mr. Rossi's questions were answered by Messrs. Jenkins and Muller.

Commissioner Higgs advised the issue is whether or not to refinance the COP; the savings are there, but the question is how should the Board take it; Scenario 2.b. is a savings of $5.2 million and gives the savings during the life of the issue, but does not extend or shorten the life; and Scenario 1.b. is a savings of $8.3 million and reduction in the life of the issue. She inquired if the Board will lose any edge in the market if it is delayed; with Mr. Holley responding the market moves daily and cannot be predicted, but five days would not be a significant amount of time with this issue. He noted the bond market is more level than the stock market; but if it is approved, it will take time to get it ready; so the advantage of moving quickly is to provide a longer time to pick a window. Commissioner Cook stated everyone had significant time; he is satisfied with the answers; it will not free up money, but will pay down debt; and it will be the biggest benefit to the taxpayers.

Commissioner Voltz inquired if there were pumps pumping water from under the building; with Mr. Muller responding there was water in the Commission Room and a crack in the floor; and while they were digging French drains, there were pumps to bring the water down. Mr. Jenkins advised the Commission Room is below ground level. Commissioner Voltz requested clarification of 1.b. and 2.b.; with Mr. Holley responding 1.b. takes all the savings and buys down more debt, shortens the life of the issue, and keeps the $2 million a year payment.; and 2.b. takes the reserve, buys down the debt, and takes the savings of $300,000 a year, but does not shorten the life of the debt.

Chairman O'Brien advised the hearing on the COP was advertised in every newspaper the Board could think of; the County pays for the upkeep on the building now; the voters said to stay in the building and not refinance the COP; the COP says the County can leave any time; however, after paying $12 million on rent, it is unrealistic that the County will leave. He stated if it is refinanced, there is no intent to increase sales tax, property tax, or any tax; and it is to convert the COP to a bond and realize an $8.3 million savings to the taxpayers. Commissioner Scarborough recommended obtaining answers to questions on net present value and issues raised by Mr. Rossi.

Motion by Commissioner Scarborough, to table refinancing of certificate of participation until September 9, 1997. Motion died for lack of a second.

Chairman O'Brien advised the ad was published two months ago, and he received no calls or letters; and there were meetings to make the issue known. Commissioner Higgs stated the question is whether to take it over the years or at the end. Commissioner Cook stated he received two calls opposing the refinancing; it was advertised that the Board would make a decision tonight; and he is ready to do that. Commissioner Scarborough stated few people showed up when the Board initiated the COP; and if it is postponed until Tuesday, he may be able to support Commissioner Higgs' proposal. He stated the Board could take the savings, not extend the life of the issue, and reduce taxes for the people today. Commissioner Cook stated if the Board pays down the debt, it is money in the bank and does not let future boards determine what to do with the savings.

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

ANNOUNCEMENT, RE: PERCENTAGE INCREASE IN TENTATIVE AGGREGATE MILLAGE OVER THE ROLLED BACK RATE

Chairman O'Brien inquired what is aggregate millage; with Budget Director Kathy Wall responding Florida Statutes require the Property Appraiser to notify taxing authorities of the values placed on properties; the County determines from those values what millage will be needed to generate the same revenue as the current year; and that equates to a rolled back millage rate. County Manager Tom Jenkins advised aggregate is a combination of all funds averaged to determine the rate.

Ms. Wall advised the aggregate millage rate is 6.7379 mills, the tentative aggregate millage rate is 6.7378 mills, and the percentage is zero percent.

Chairman O'Brien inquired if the decrease in taxes for an $85,000 with exemption is $2.63; with Ms. Wall responding that is correct for all Countywide millages.

PUBLIC COMMENTS, RE: TENTATIVE COUNTY BUDGET FOR FY 1997-98

Mary Tees, President of Port St. John Homeowners Association, supported the current budget for the Sheriff's Department, based on increased population, homes and businesses requiring additional law enforcement, and residents having the right to feel safe in their homes, places of business, schools, stores, etc., and to go about their lives knowing the Sheriff's Department can respond to their needs. She stated Brevard County has not kept pace with other sheriffs' departments in the State; the State average is 14.96% while Brevard County is 7.70%; and recommended the Board take the $2.63 and give it to the Sheriff because it is worth having a deputy available when needed.

Commissioner Scarborough advised the Board has set a tentative millage and cannot increase it, so the $2.63 is not available unless it is taken from other Departments' budgets. Chairman O'Brien advised the Sheriff's budget has not decreased. Commissioner Cook advised the Sheriff's budget increased $2.8 million.

Ruth Roberts supported the budget for the Sheriff; advised of 310 crimes in one month and response time of no more than ten minutes; and noted the North Merritt Island Homeowners Association supports the law enforcement MSTU without change.

Phil Swatek, representing Suntree Masters Homeowners Association, advised there is one deputy for Zone 31 which includes from Post Road to Viera Boulevard; their community is vulnerable with eight different entrances, most on Wickham Road; and I-95 is convenient for anyone to leave the area. He stated they want one deputy in Suntree all the time and not for the entire zone; and Suntree people voted to increase the assessment in 1995 to make that possible, but it did not come about. He advised of traffic problems with golf carts that must use the streets because the laws do not allow them on sidewalks and pedways.

Paul Williams inquired what MSTU stands for; with Mr. Jenkins responding municipal service taxing unit. Mr. Williams stated an aggregate 6.7 mills is 40% different than 5.7069 mills; with Ms. Wall responding the 5.7 mills include Countywide millages that everyone pays, and the 6.78 mills represent the aggregate of all millages in all taxing districts authorized by the Board. Mr. Jenkins advised people who live in the city will pay 5.7 mills, and people who live in the County will pay 6.78 mills. Mr. Williams stated the Board approved an increase in the agricultural tax for Melbourne Tillman Drainage District; it has increased every year for ten years; and he is opposed to it.

Bea Polk complained about organizations asking for money for children, and very little going to the children; and inquired how much is the County giving those organizations, and how much do the heads of those groups make. She stated every year there are more not-for-profit organizations that make profits and not show them; big organizations make top salaries; and the governments should tell them to be private businesses and not live off the taxpayers. She stated one organization that received funds from the taxpayers was North Brevard Hospital, and now it is being taken over. She stated there are arts programs, but not much for children; and inquired if anyone checks where the money goes. She stated without paperwork, the County cannot prove what they have done or not done. Commissioner Higgs advised on Tuesday the Board will be considering allocations for community based organizations; and over the last few years documentation has been made on objectives, monitoring, and performance guarantees.

Kay Burk, Executive Director of Brevard Cultural Alliance, thanked the Board for its support of the arts and cultural programs and for making grants available throughout the County. She advised of the strenuous application process, the theater and symphony groups that have children's programs, and the activities that take place throughout the County.

Carlyle Platt opposed the user fee for Melbourne-Tillman Drainage District; stated they raise the fee every year; and it will take over a hundred of his calves to pay the bill. He stated he appreciates the Board lowering the taxes, but is against the increase in the Melbourne-Tillman tax.

Marilyn Rigerman, Chairman of the Cultural Executive Committee, thanked the Board for its consideration and applauded it for the budget this year that will afford the opportunity to show more art and make it available to more people.

Ida Blickley advised last year the Board gave employees a half a day off for Christmas; she had no problem with that until she heard the Clerk gave eight hours off with pay and all the offices were closed the day before Christmas; and when she worked for the County, it kept all offices open. She stated the Board approves the Clerk's budget; and if he can afford to give 300 employees a full day off, she is against giving the Clerk more money. She stated all employees should be treated alike; and if Constitutional Officers need more money for computers, they should go to Tallahassee.

Commissioner Cook advised the Clerk is an elected official, and although the Board funds his office, it has no control over how he spends it or treats his personnel; however, they should comply with the same schedule as the Board employees. He stated they all work for County government and the days off should be the same, but there is no legal way to require it.

Chairman O'Brien stated the Board could divide the Clerk's payroll by the number of working days and deduct half a day of salaries from his budget. He stated the Clerk's payroll is over $26,000 a day. Commissioner Scarborough stated it would be more appropriate to have the Budget Director write to the Clerk to find out the facts. Commissioner Cook recommended asking all Constitutional Officers to verify what holidays they are planning to give their employees next year.

The meeting recessed at 7:36 p.m. and reconvened at 7:54 p.m.

DISCUSSION, RE: COUNTY AGENCIES AND CONSTITUTIONAL OFFICERS

Commissioner Cook inquired if staff is working with Finance Director Stephen Burdett regarding his Memo of September 4, 1997. County Manager Tom Jenkins inquired if the Board wants a summary; with Commissioner Scarborough responding he would prefer a memo response. Commissioner Higgs stated she understands that the Clerk agrees conceptually and procedurally with what is being proposed, but questions the appraised value of property. Commissioner Cook stated the Board needs the bottom line from the Clerk by September 18, 1997, if it is the value of the property that is a problem. Commissioner Higgs inquired if the Board gets additional valuation relative to the purchase price, could staff get an outside appraisal without further authorization; with Mr. Jenkins responding yes.

Commissioner Cook advised another problem is Erna Nixon Park site visit by EELS; the County cannot donate it to the EELS Program; the County Attorney's opinion said by paying a nominal amount, the problem of the donation could be taken care of; and the Board should set a policy that it would not find legalistic ways to circumvent a State law regarding those things.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to set a Board policy that it will not consider legal ways to circumvent State laws. Motion carried and ordered unanimously.

Commissioner Cook advised he requested a 25% reduction in County vehicles; and inquired about the status. Mr. Jenkins advised he sent a memo to County Departments to achieve that goal and reduce the size of their fleets; and a number of Departments were able to do that. Commissioner Cook inquired if it met the 25%; with Mr. Jenkins responding he would have to check on that.

Commissioner Cook advised the construction coordinator is to be paid from the Library budget; and he assumes it is a temporary position, and once construction is over, it will end. Mr. Jenkins advised the Facilities Construction staff has gone up and down in size based on projects; and there is no guarantee of long-term employment.

Commissioner Cook advised he is not clear how a special election costs $240,000 and the Board only received back $120,000 for the runoff election that did not take place. Elections Finance Director Marge Stump advised she will send an explanation before the next budget hearing.

Commissioner Cook advised part of Article V costs were passed on by the State; last year it was $465,000, and this year it is projected to be $600,000; and recommended Mr. Jenkins look into it. He stated an article in the Orlando Sentinel tells what Orange County is doing to contain those costs and identify individuals who are indigent and qualify for those; and the pilot program found a percentage who did not qualify. He advised of Palm Beach County's situation; and stated if those costs can be reduced, it would behoove the Board to look into that. Chairman O'Brien inquired how much the County receives for Article V; with Ms. Wall responding it is projected at $160,000. Chairman O'Brien inquired what is the cost to operate; with Mr. Jenkins responding that is partial and only for the last quarter, but next year it should be four times that amount. Chairman O'Brien inquired how much is spent now; with Ms. Wall responding she does not have that exact figure, but it is millions of dollars. Chairman O'Brien stated the Board may want to do what Palm Beach did and refuse to pay it. County Attorney Scott Knox advised he directed Kyle King to look into that. Commissioner Voltz requested copies of the article be sent to Commissioners.

Commissioner Voltz inquired about the 21 part-time people Parks and Recreation was going to hire; with Parks and Recreation Director Chuck Nelson responding he does not have all the answers on the use of volunteers, and asked the Budget Office to hold the funds in reserve until the Board decides how to proceed. Commissioner Voltz stated she does not want to hire 21 volunteers; with Mr. Nelson responding that will not happen without the Board's approval, and staff is recommending capital improvements.

Commissioner Voltz inquired what has been done with the inequity issue; with Mr. Nelson responding that issue is very complex, and he asked for a workshop in October to get direction on what the Board determines inequity to be, etc. Chairman O'Brien stated the Board approached that issue twice and did not find a real answer to it. Mr. Jenkins stated the only real solution is more money. Commissioner Higgs stated she supports a workshop to discuss it. Commissioner Cook stated the money will be held in reserve until the Board decides how to spend it.

ADOPTION, RE: TENTATIVE MILLAGES FOR FY 1997-98

Chairman O'Brien called for the public hearing to consider tentative millages for FY 1997-98.

General Fund

Budget Director Kathy Wall advised the rolled back millage rate for the General Fund is 4.2891 mills, and the tentative millage rate is 4.2796 mills, representing a .22% decrease.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1997-98 millage rate for the General Fund at 4.2796 mills. Motion carried and ordered unanimously.

Library District

Ms. Wall advised the rolled back millage rate for Library District is 0.7471 mill, and the tentative millage rate is 0.7385 mill, representing a 1.15% decrease.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant tentative approval of the FY 1997-98 millage rate for Library District at 0.7385 mill. Motion carried and ordered unanimously.

Mosquito Control District

Ms. Wall advised the rolled back millage rate for Mosquito Control District is 0.2230 mill, and the tentative millage rate is 0.2230 mill, representing zero percent change.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant tentative approval of the FY 1997-98 millage rate for Mosquito Control District at 0.2230 mill. Motion carried and ordered unanimously.

Fire Control MSTU

Ms. Wall advised the rolled back millage rate for Fire Control MSTU is 1.5864 mills, and the tentative millage rate is 1.5864 mills, representing zero percent change.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant tentative approval of the FY 1997-98 millage rate for Fire Control MSTU at 1.5864 mills. Motion carried and ordered unanimously.

Law Enforcement Countywide MSTU

Ms. Wall advised the rolled back millage rate for Law Enforcement Countywide MSTU is 0.8957 mill, and the tentative millage rate is 0.8957 mill, representing zero percent change.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant tentative approval of the FY 1997-98 millage rate for Law Enforcement Countywide MSTU at 0.8957 mill. Motion carried and ordered unanimously.

TICO Airport Authority

Ms. Wall advised the rolled back millage rate for TICO Airport Authority is 0.0257 mill, and the tentative millage rate is 0.0253 mill, representing a 1.56% decrease.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant tentative approval of the FY 1997-98 millage rate for TICO Airport Authority at 0.0253 mill. Motion carried and ordered unanimously.

Recreation District 1 MSTU

Ms. Wall advised the rolled back millage rate for Recreation District 1 MSTU is 0.4646 mill, and the tentative millage rate is 0.5290 mill, representing a 13.86% increase.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant tentative approval of the FY 1997-98 millage rate for Recreation District 1 MSTU at 0.5290 mill. Motion carried and ordered unanimously.

Recreation District 4 Operation and Maintenance

Ms. Wall advised the rolled back millage rate for Recreation District 4 Operation and Maintenance is 0.5807 mill, and the tentative millage rate is 0.5807 mill, representing zero percent change.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to grant tentative approval of the FY 1997-98 millage rate for Recreation District 4 Operation and Maintenance at 0.5807 mill. Motion carried and ordered unanimously.

Road and Bridge District 1 MSTU

Ms. Wall advised the rolled back millage rate for Road and Bridge District 1 MSTU is 0.7922 mill, and the tentative millage rate is 0.7922 mill, representing zero percent change.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant tentative approval of the FY 1997-98 millage rate for Road and Bridge District 1 MSTU at 0.7922 mill. Motion carried and ordered unanimously.

Road and Bridge District 2 MSTU

Ms. Wall advised the rolled back millage rate for Road and Bridge District 2 MSTU is 0.4440 mill, and the tentative millage rate is 0.4440 mill, representing zero percent change.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant tentative approval of the FY 1997-98 millage rate for Road and Bridge District 2 MSTU at 0.4440 mill. Motion carried and ordered unanimously.

Road and Bridge District 3 MSTU

Ms. Wall advised the rolled back millage rate for Road and Bridge District 3 MSTU is 0.6688 mill, and the tentative millage rate is 0.6688 mill, representing zero percent change.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant tentative approval of the FY 1997-98 millage rate for Road and Bridge District 3 MSTU at 0.6688 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU

Ms. Wall advised the rolled back millage rate for Road and Bridge District 4 MSTU is 0.4880 mill, and the tentative millage rate is 0.4880 mill, representing zero percent change.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to grant tentative approval of the FY 1997-98 millage rate for Road and Bridge District 4 MSTU at 0.4880 mill. Motion carried and ordered unanimously.

Road and Bridge District 5 MSTU

Ms. Wall advised the rolled back millage rate for Road and Bridge District 5 MSTU is 0.7421 mill, and the tentative millage rate is 0.7421 mill, representing zero percent change.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant tentative approval of the FY 1997-98 millage rate for Road and Bridge District 5 MSTU at 0.7421 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU Beaches

Ms. Wall advised the rolled back millage rate for Road and Bridge District 4 MSTU Beaches is 0.5952 mill, and the tentative millage rate is 0.5952 mill, representing zero percent change.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to grant tentative approval of the FY 1997-98 millage rate for Road and Bridge District 4 MSTU Beaches at 0.5952 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU South Merritt Island

Ms. Wall advised the rolled back millage rate for Road and Bridge District 4 MSTU South Merritt Island is 0.2465 mill, and the tentative millage rate is 0.2465 mill, representing zero percent change.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to grant tentative approval of the FY 1997-98 millage rate for Road and Bridge District 4 MSTU South Merritt Island at 0.2465 mill. Motion carried and ordered unanimously.

Environmentally Endangered Lands

Ms. Wall advised the rolled back millage rate for Environmentally Endangered Lands is 0.2500 mill, and the tentative millage rate is 0.2500 mill, representing zero percent change.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant tentative approval of the FY 1997-98 millage rate for Environmentally Endangered Lands (EELS) at 0.2500 mill. Motion carried and ordered unanimously.

Beach and Riverfront Acquisition

Ms. Wall advised the rolled back millage rate for Beach and Riverfront is 0.3125 mill, and the tentative millage rate is 0.2120 mill, representing zero percent change although there is a reduction.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant tentative approval of the FY 1997-98 millage rate for Beach and Riverfront Acquisition at 0.2120 mill. Motion carried and ordered unanimously.

Port St. John/Canaveral Groves Recreation Facilities MSTU

Ms. Wall advised the rolled back millage rate for Port St. John/Canaveral Groves Recreation Facilities MSTU is 0.9000 mill, and the tentative millage rate is 0.8525 mill, representing zero percent change, but there is a reduction from the voted millage.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1997-98 millage rate for Port St. John/Canaveral Groves Recreation Facilities MSTU at 0.8525 mill. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: RECOMPUTED TENTATIVE AGGREGATE MILLAGE AND PERCENT BY WHICH THE RATE IS GREATER OR LESS THAN THE ROLLED BACK RATE

Budget Director Kathy Wall advised the rolled back recomputed tentative aggregate millage rate is 6.7379 mills, and the tentative millage rate is 6.7379 mills, representing zero percent change.

Chairman O'Brien inquired if the budget decreased 4.6%; with Ms. Wall responding it decreased approximately 4.5% from the current budget.

PUBLIC HEARING, RE: TENTATIVE APPROVAL OF FY 1997-98 COUNTY BUDGET

Chairman O'Brien called for the public hearing on the FY 1997-98 County Budget.

Budget Director Kathy Wall advised the tentative County Budget for FY 1997-98 totals $511,135,626 for County agencies and Constitutional Officers, and $5,634,000 for Dependent Special Districts.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant tentative approval of the FY 1997-98 County Budget at $511,135,626 for County agencies and Constitutional Officers, and $5,634,000 for Dependent Special Districts. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADOPTION OF FINAL FY 1997-98 BUDGETS

Chairman O'Brien called for the public hearing to consider final budgets for Solid Waste, EMS, Surface Water, and Melbourne-Tillman.

Budget Director Kathy Wall advised Florida Statutes require Solid Waste Management, Emergency Medical Services, Surface Water Improvement and Melbourne-Tillman to certify their rolls to the Tax Collector by September 15, 1997.

Solid Waste Management Department

Ms. Wall advised the proposed budget for Solid Waste Management Department is $79,429,797.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant final approval of the FY 1997-98 budget for Solid Waste Management Department at $79,429,797. Motion carried and ordered unanimously.

Surface Water Improvement Program

Ms. Wall advised the proposed budget for Surface Water Improvement Program is $6,666,146.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant final approval of the FY 1997-98 budget for Surface Water Improvement Program at $6,666,146. Motion carried and ordered unanimously.

Emergency Medical Services

Ms. Wall advised the proposed budget for Emergency Medical Services is $10,571,103.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant final approval of FY 1997-98 budget for Emergency Medical Services at $10,571,103. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ADOPTING MELBOURNE-TILLMAN WATER CONTROL DISTRICT OPERATING BUDGET FOR FY 1997-98

Chairman O'Brien called for the public hearing to consider final approval of the operating budget for Melbourne-Tillman Water Control District.

Budget Director Kathy Wall advised the proposed budget for Melbourne-Tillman Water Control District for FY 1997-98 is $1,489,273.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution adopting the Melbourne-Tillman Water Control District Operating Budget for FY 1997-98 at $1,489,273. Motion carried and ordered; Commissioners O'Brien and Cook voted nay.

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

Chairman O'Brien called for the public hearing to consider a resolution authorizing and adopting user fees for Melbourne-Tillman Water Control District.

There being no further comments heard other than during the public comments, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution approving user fees for Melbourne-Tillman Water Control District for FY 1997-98, representing a 10% increase. Motion carried and ordered; Commissioners O'Brien and Cook voted nay.

PUBLIC HEARING, RE: RESOLUTION CERTIFYING 1997 EMERGENCY MEDICAL SERVICES ASSESSMENT ROLL TO THE TAX COLLECTOR

Chairman O'Brien called for the public hearing to consider a resolution certifying the 1997 Emergency Medical Services Assessment Roll to the Tax Collector.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution certifying the 1997 Emergency Medical Services Assessment Roll to the Tax Collector. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CERTIFYING 1997 STORMWATER UTILITY ASSESSMENT ROLL TO THE TAX COLLECTOR

Chairman O'Brien called for the public hearing to consider a resolution certifying the 1997 Stormwater Utility Assessment Roll to the Tax Collector.

Budget Director Kathy Wall requested change of date in the first sentence from August 26 to September 4, 1997.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution certifying the 1997 Stormwater Utility Assessment Roll to the Tax Collector, as amended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TENTATIVE APPROVAL OF RESOLUTION ADOPTING SUPPLEMENTAL BUDGET FOR FY 1996-97

Chairman O'Brien called for the first public hearing to consider a resolution adopting the supplemental budget for FY 1996-97.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to grant tentative approval of resolution adopting the supplemental budget for FY 1996-97 which will increase the total budget by $1,738,719; and authorize the Budget Office to advertise the final public hearing for September 18, 1997. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: FINAL BUDGET HEARING

The final budget hearing will be held on September 18, 1997, at the same time and place, except those budgets that received final approval on this date.

ANNOUNCEMENT, RE: REPRESENTATIVE AT CABINET AIDES MEETING

Commissioner Higgs advised she represented the Board at the Cabinet Aides meeting in Tallahassee; however, it will be meeting again next Tuesday, and Environmental Services Administrator Stephen Peffer will be there so she can attend the Board meeting.

Upon motion and vote, the meeting adjourned at 8:30 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
S E A L)