The Board of County Commissioners of Brevard County, Florida, met in special session on September 5, 1996, at 5:33 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

Commissioner Scarborough led the assembly in the Pledge of Allegiance.

PRESENTATION, RE: TENTATIVE BUDGET FOR FY 1996-97

Budget Director Kathy Wall stated the proposed County budget for FY 1996-97 is $512,549,279, a 4.1% overall decrease from the current budget; and advised where revenues come from, where reductions were made, and the purpose of the hearing. She advised the Budget Review Committee was created in 1990 to make recommendations to the Board on the budget; and Robert Lynn, Chairman, is present to address the Board.

Robert Lynn, Budget Review Committee Chairman, advised the report from the Committee given to the Board includes the introduction, general issues applicable to more than one department, and recommendations. He explained certain sections of the report, expressed appreciation to the Budget Director and staff for their support, and commended the Board for its efforts. He noted they developed a new budget format and a presentation on how the budget should be formatted. Mr. Lynn advised one of the recommendations is for the County to project ten years where growth should be and how to prepare for it, and another is that the Internal Audit and Finance Departments be removed from the Clerk and brought under the control of the Board.

Chairman Cook expressed appreciation to the Committee and individual members.

Commissioner Scarborough recommended the Board receive the report from the Committee a month before the TRIM notices are sent out in the future. Mr. Lynn stated the Committee determined it would send out one interim report in the future, and as soon as they finish one department, they will provide a report.

PUBLIC COMMENTS, RE: PROPOSED FY 1996-97 BUDGET

Carmen Shrum, representing the Commission on the Status of Women, expressed concern with the 50% cut in emergency welfare which pays for rent, utilities, food, transportation, and medical services on a temporary basis. She stated the average is one month; it will affect families with no recourse; and it will increase the number of children without help in Brevard County.

Gayle Cannon, representing the Commission on the Statues of Women, supported the emergency welfare fund, and stated it is a one-time assistance for extreme circumstances.

Rosetta Pease, representing Brevard County Agriculture/Extension, advised of the services provided by the Extension Office; and stated cutting support personnel will not get materials out and will be a hindrance to volunteers. She stated they save the taxpayers thousands of dollars with volunteer work; and if the Board wants to cut any more, it should consider cutting salaries, newsletters, and support staff of Commissioners so everyone will realize how hard it is to get along without staff.

George Nolan, Principal of Pinewood Elementary School, advised the Board has an opportunity to provide a library for Mims and Scottsmoor; the land and facility is bought and paid for; and the effort that remains is minuscule when compared to capital outlay items. He urged the Board to pool its resources and support the library project.

Patricia Hansen, Director of South Brevard Sharing Center, asked the Board to rethink its cut in the welfare budget; and stated they saw 25,000 people in the Sharing Center last year, only from South Brevard. She stated it will hurt the children; emergency assistance is important to many of their clients; and it is one thing that can help get them over the hump.

JoAnn Katrick ask the Board to support $60,000 to move a modular to Pinewood Elementary for the Mims/Scottsmoor Library. She stated they have worked hard to get a library, and if they lose the money, it will cost more in the future.

Nancy Fazio, President of Brevard County Professional Fire Fighters IAFF Local 2969, advised fire fighting and safety are their primary concerns; two in and two out means four men on the scene; three would be a start to meet the NFPA requirements; and 1.4 million dollars is not a small amount of money, but the safety will benefit everyone. She stated it is not a union issue, it is a safety issue.

Maria Gonzalez, representing Friends of the Library, advised the children in Scottsmoor and Mims need a library because it is hard to do research. She thanked the Board for the portable, and stated it will be a positive move to have a library at Pinewood.

Richard Brown advised the primary concern of fire fighters is safety; if they are trapped, it becomes part of the problem and not the solution; and gave scenarios of searches, objectives, and tasks performed. He stated nine people are needed on the scene to be efficient and safe; each fire station should be fully manned so others do not have to do without; and the cost to man a station is 80 cents per day per household. He stated that is not expensive, and requested it be considered.

Marilyn Waters, representing the Melbourne Chapter of the Economic Development Commission, requested funding to the fullest extent possible to meet the needs, increase the job base, and help raise the tax base for everyone. She stated Economic Development Commission?s top goal is to create jobs, help to improve the quality of life, and bring people here and keep them here.

David Petroni, Community Housing Initiative, advised emergency welfare is a one-time help and not long term; and gave examples of individuals he encountered. He stated not-for-profit organizations are doing what they can to meet the needs; the emergency welfare program will help people stay off welfare; and requested the Board consider maintaining full funding for it, as well as Economic Development Commission, to bring jobs into the community.

Bea Polk inquired when will the Sheriff be present so the public can ask him questions; with Commissioner Ellis responding the Sheriff?s Financial Officer is present. Ms. Polk advised the Sheriff has the same amount of officers; and inquired how many positions were not filled. She inquired how long do they have to wait for the Mims/Scottsmoor Library. She stated Economic Development Commission needs support to bring in business, and she supports welfare reform.

Ida Blickley inquired how many years has the Sheriff been operating with 275 deputies. She stated every year the Board gives him money to hire more deputies and he is not hiring new deputies but filling empty slots. She stated the judicial officers are still not certified; public safety in the courtrooms does not exist; and judges told the Sheriff to get rid of the non-certified personnel. She requested answers to her questions.

Kay Burk, representing Brevard Cultural Alliance, advised they work diligently to provide arts in the community, and coordinate with Economic Development Commission, law enforcement, Parks and Recreation, malls, and other agencies; and they have been working with young people to have a cultural lifestyle and learn to be productive citizens.

BOARD COMMENTS, RE: PROPOSED FY 1996-97 BUDGET

Mims/Scottsmoor Library
Commissioner Scarborough advised last year the Board said it would like to see the modular the State Attorney will vacate be used for Mims/Scottsmoor Library; and he is trying to define it as a budget consideration, touch base with OUC to assist with cranes, and also if fill is available for the site. He stated in the final analysis there may not be a fiscal impact, but it may be at the end of fiscal year 1997. Commissioner Ellis stated excess capital could be used for the Mims/Scottsmoor Library; and inquired if that money can be budgeted in this year?s budget in anticipation of excess funds. Mr. Jenkins stated staff could give the Board a plan that will show dollars that will be freed up.

Commissioner Scarborough stated the community should have definition where the Board is with its commitment; the outside was $60,000; and he is trying to make the least impact if the School Board will do site preparation.

Chairman Cook stated the Board did make a commitment to donate the modular; and after the Board made the commitment, it went to the School Board and was kicked back to the County with a $60,000 price tag in addition to donating the building. He stated the School Board should do the site work to reduce the impact of $60,000; the main cost is not moving the modular, but site preparation; and he supports the modular being out there, and the School Board doing site work. Commissioner Scarborough stated what happened a year ago needs to be re-defined; the School Board modified it; and the County has the use of cranes.

Commissioner Higgs inquired if there will be a future commitment; with Commissioner Scarborough responding a library is not a library until it has books and personnel; there are surplus shelves, tables, and chairs; and once it is staffed, there will be impact on the Library Budget next year. Commissioner Ellis stated excess capital funds can be used for capital projects but not for operations, and it cannot be taken out of the Library funds.

Emergency Welfare Fund

Commissioner Higgs expressed concern about the 50% cut in welfare assistance; and stated it is not for long-term, but for short-term needs. She stated the Board adopted a policy that the funds would be paid back as people are able in hopes that it would regulate itself; pay backs will not be immediate, but perhaps the Board could cut 30% and set aside $50,000 in Contingency so if the funds being paid back are not available, it would have money to assist people with rent and utilities. She noted if they do not have rent and utility money, there will be more people in shelters.

Commissioner Ellis advised the Board was notified by the State that it would drop an $800,000 bill on the County; that is more than 1% of the County?s budget that had to be absorbed; and that is why the cuts were made.

Chairman Cook advised the welfare program is funded at $204,000, Health Care at over $4 million, charity-based organization grants at $434,000, and Country Acres at over $900,000, so the County spends millions for social services; and because it cuts one program does not mean it is not meeting the needs.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct the County Manager to advise the Board when the indigent rental or utility programs get down to 10% of what is allocated. Motion carried and ordered unanimously.

Sheriff?s Budget

Commissioner Ellis advised prior to the next budget hearing, the Board needs a response from the Sheriff on the number of positions budgeted and filled.

Commander Jack Parker advised he will get a comprehensive report to the Board on the positions. He stated last year they had five COPS grant positions and they were filled; there are 12 MSTU positions and 12 were filled; and there are zero vacancies. He stated one controversy is uncertified people in the courtrooms, and that is not true because they have certified bailiffs. He stated they are required to give back salary funds to the Board if they are not used, so the allegation that they get positions to do something else with the money is not true. The meeting recessed at 6:55 p.m. and reconvened at 7:15 p.m.

BOARD COMMENTS, RE: PROPOSED FY 1996-97 BUDGET (CONTINUED)

Emergency Services

Commissioner Higgs advised another issue was funding additional personnel for emergency services; the Board has been supportive of enhancing emergency services and working with the municipalities to be more effective; but it cannot afford it, so it should reaffirm to staff that it realizes it is a priority.

Chairman Cook stated discussions have been ongoing with municipalities; it is not just two fire fighters that respond to fires; there are numerous fire fighters and engines that respond; and all the EMT?s are trained as fire fighters to assist the fire fighters if necessary. He stated the County spends $74 million on fire control.

Commissioner Ellis stated the key is setting up automatic aid with municipalities to have a service radius and better coverage; and that is the goal staff is trying to achieve.

Economic Development Commission

Commissioner Scarborough advised there may be $292,600 in additional revenue from late files of tangible property reports; the Board cannot deal with those funds yet; but there is also a possible savings with the Insurance Committee?s recommendation that could be considered to allocate additional funds to Economic Development Commission. He stated it is the only thing that will make the County stronger; and it will build the community so it can pay for welfare and libraries, etc.

Chairman Cook stated that $73,000 could be applied to the deficit the County will have with health insurance; it is talking about charging employees next year; and that could be in the mix. He stated Economic Development Commission will get $250,000. Commissioner Ellis stated the Board will be in a better position at mid-year than it will be in the next two weeks to consider use of those funds. Commissioner O?Brien agreed to funding Economic Development Commission to create jobs; and suggested mid-year to consider it. He stated work at Kennedy Space Center will come to an end, and the Economic Development Commission can diversity the job market.

Citizen Budget Review Committee Recommendations

Commissioner O?Brien agreed with several recommendations on the format of the budget, and suggested different numbers to determine if salaries are escalating from previous years. He stated the County must take advantage of technology to improve efficiency; and efficiency should reduce employees and time required to do a job.

Commissioner Higgs recommended the Committee?s recommendations go to staff and come back to the Board on the regular agenda.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to direct staff to comment on the recommendations from the Citizen Budget Review Committee. Motion carried and ordered unanimously.

Commissioner O?Brien commented on the primary education value considering a change from agricultural to urban County; stated there are no measurable outcomes to determine the value of the $667,000; and recommended eliminating County support of educational functions that should be funded by the State Education System. Commissioner Ellis stated a lot of programs are necessary; and if the 4-H program is not funded under Agriculture, it would be under Parks and Recreation. Commissioner O?Brien stated he does not want Code Enforcement?s budget being based on citing people. He advised only a small percentage of the traffic fines is allocated to the Clerk and does not cover the cost; and recommended asking the State to change the formula to cover costs in the Board?s legislative package.

Division of Clerk?s Office

Commissioner O?Brien advised the County Finance Department reports to the Clerk and the Budget Officer to the County Manager; page 8 of the report recommends studies to determine the feasibility of putting the Clerk?s Office under the control of the Board; and inquired if the Board wants to do that.

Chairman Cook advised an elected comptroller would make it completely independent of the Board and the Clerk, and that is an issue worth looking into if the Finance Department is split from the Clerk?s Office.

Commissioner Ellis stated it would mean budget control and he could support it; however, he does not support a system where the Constitutional Officers report to the Board and the Board usurp their executive powers.

Commissioner O?Brien inquired how would they initiate a study; with Commissioner Ellis responding the Charter Commission is supposed to meet again in five years. Commissioner Scarborough inquired when will the Charter Commission meet; with Mr. Knox responding July, 1997. Commissioner Scarborough inquired if the Board can ask the Commission to meet earlier to consider dividing the Clerk?s Office into two different offices.

Part-time Commissioners

Commissioner Scarborough inquired if the Charter Commission will consider if County Commissioners should be part-time or full time. He stated if they go to part-time, he would like to have an assistant county manager in each District; the School Board has area superintendents, but the County does not have area county managers; and everything would be directed from Viera and would cause great hostility in District 1.

Chairman Cook stated he cannot see how it can be a part-time position as it would turn government over to paid bureaucrats and be less responsive to the people.

Commissioner O?Brien stated the idea sounds good in principal, but if it is a temporary job, he would be replaced by someone who could do things the public may not want, and he would be blamed.

Commissioner Ellis stated the Commissioners spend hundreds of hours in meetings and hearings, and if they were part-time, they could not do the kind of detail work they do now.

Commissioner Scarborough stated if it is to be part-time it should be through a Charter amendment so people can make that decision.

Commissioner O?Brien requested staff come back with a report.

PUBLIC HEARING, RE: TENTATIVE MILLAGES FOR FY 1996-97

General Fund

Budget Director Kathy Wall advised the rolled back/rolled forward millage is 4.2945 mills, and the tentative millage is 4.3081 mills, representing 0.32% increase. She stated the ad valorem revenue is $61,066,309, and the tentative budget is $19,576,245.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the General Revenue millage for FY 1996-97 at 4.3081 mills. Motion carried and ordered; Commissioners Cook and Ellis voted nay.

Library District

Ms. Wall advised the rolled back/rolled forward millage for the Library District is 0.7554 mill, and the tentative millage is 0.7504 mill, representing 0.66% decrease. She stated the ad valorem revenue is $10,636,744, and the tentative budget is $15,252,280.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant tentative approval of the Library District millage at 0.7504 mill for FY 1996-97. Motion carried and ordered unanimously.

Mosquito Control District

Mr. Boynton advised the rolled back/rolled forward millage for the Mosquito Control District is 0.2359 mill and the tentative millage is 0.2240 mill, representing a 5.04% decrease. He stated the ad valorem revenue is $3,175,148 and the tentative budget is $4,818,565.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant tentative approval of the Mosquito Control District millage at 0.2240 mill for FY 1996-97. Motion carried and ordered unanimously.

Fire Control MSTU

Mr. Boynton advised the rolled back/rolled forward millage for Fire Control MSTU is 1.5810 mills, and the tentative millage is 1.5810 mills, representing no increase. He stated the ad valorem revenue is $10,159,069, and the tentative budget is $12,636,935.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant tentative approval of the Fire Control MSTU millage at 1.5810 mills for FY 1996-97. Motion carried and ordered unanimously.

Law Enforcement MSTU

Ms. Wall advised the rolled back/rolled forward millage for Law Enforcement MSTU is 0.8913 mill, and the tentative millage is 0.8913 mill, representing no increase. She stated the ad valorem revenue is $5,380,604, and the tentative budget is $5,866,074.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant tentative approval of the Law Enforcement MSTU millage at 0.8913 mill for FY 1996-97. Motion carried and ordered unanimously.

TICO Airport Authority

Ms. Wall advised the rolled back/rolled forward millage for TICO Airport Authority is 0.0350 mill, and the tentative millage is 0.0257 mill, representing a 26.57% decrease. She stated the ad valorem revenue is $157,704, and the tentative budget is $1,083,779.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant tentative approval of the millage for TICO Airport Authority at 0.0257 mill for FY 1996-97. Motion carried and ordered unanimously.

Recreation District 1 MSTU

Mr. Boynton advised the rolled back/rolled forward millage for Recreation District 1 MSTU is 0.4575 mill, and the tentative millage is 0.4575 mill, representing no increase. He stated the ad valorem revenue is $929,227, and the tentative budget is $3,768,099.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant tentative approval of the Recreation District 1 MSTU millage at 0.4575 mill for FY 1996-97. Motion carried and ordered unanimously.

Recreation District 4

Mr. Boynton advised the rolled back/rolled forward millage for Recreation District 4 is 0.5921 mill, and the tentative millage is 0.5921 mill, representing no increase. He stated the ad valorem revenue is $848,969 and the tentative budget is $2,986,201.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant tentative approval of the Recreation District 4 millage at 0.5921 mill for FY 1996-97. Motion carried and ordered unanimously.

Road and Bridge District 1 MSTU

Ms. Wall advised the rolled back/rolled forward millage for Road and Bridge District 1 MSTU is 0.7712 mill, and the tentative millage is 0.7712 mill, representing no increase. She stated the ad valorem revenue is $948,874, and the tentative budget is $1,713,336.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant tentative approval of the Road and Bridge District 1 MSTU millage at 0.7712 mill for FY 1996-97. Motion carried and ordered unanimously.

Road and Bridge District 2 MSTU

Ms. Wall advised the rolled back/rolled forward millage for Road and Bridge District 2 MSTU is 0.4457 mill, and the tentative millage is 0.4457 mill, representing no increase. She stated the ad valorem revenue is $771,314, and the tentative budget is $1,341,415.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant tentative approval of millage for Road and Bridge District 2 MSTU at 0.4457 mill for FY 1996-97. Motion carried and ordered unanimously.

Road and Bridge District 3 MSTU

Mr. Boynton advised the rolled back/rolled forward millage for Road and Bridge District 3 MSTU is 0.6737 mill, and the tentative millage is 0.6737 mill, representing no increase. He stated the ad valorem revenue is $556,517, and the tentative budget is $916,497.

Commissioner Higgs advised, based on past expenditures, they will be able to lower the millage to the existing millage; however, she will support the tentative millage until the final hearing.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant tentative approval of millage for Road and Bridge District 3 MSTU at 0.6737 mill for FY 1996-97. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU

Mr. Boynton advised the rolled back/rolled forward millage for Road and Bridge District 4 MSTU is 0.4867 mill, and the tentative millage is 0.4867 mill, representing no increase. He stated the ad valorem revenue is $613,229, and the tentative budget is $903,594.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant tentative approval of the millage for Road and Bridge District 4 MSTU at 0.4867 mill for FY 1996-97. Motion carried and ordered unanimously.

Road and Bridge District 5 MSTU

Ms. Wall advised the rolled back/rolled forward millage for Road and Bridge District 5 MSTU is 0.7533 mill, and the tentative millage is 0.7500 mill, representing 0.44% decrease. She stated the ad valorem revenue is $500,375, and the tentative budget is $663,214.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to grant tentative approval of the millage for Road and Bridge District 5 MSTU at 0.7500 mill for FY 1996-97. Motion carried and ordered unanimously.

Road and Bridge District 4 N. Beaches MSTU

Ms. Wall advised the rolled back/rolled forward millage for Road and Bridge District 4 N. Beaches MSTU is 0.5983 mill, and the tentative millage is 0.5983 mill, representing no increase. She stated the ad valorem revenue is $159,677, and the tentative budget is $783,627.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant tentative approval of the millage for Road and Bridge District 4 N. Beaches MSTU at 0.5983 mill for FY 1996-97. Motion carried and ordered unanimously.

Road and Bridge District 4 S. Merritt Island MSTU

Mr. Boynton advised the rolled back/rolled forward millage for Road and Bridge District 4 S. Merritt Island MSTU is 0.2495 mill, and the tentative millage is 0.2495 mill, representing no increase. He stated the ad valorem revenue is $13,914, and the tentative budget is $25,640.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant tentative approval of the millage for Road and Bridge District 4 S. Merritt Island MSTU at 0.2495 mill for FY 1996-97. Motion carried and ordered unanimously.

Environmentally Endangered Lands

Mr. Boynton advised the rolled back/rolled forward millage for Environmentally Endangered Lands (EELS) is 0.2500 mill, and the tentative millage is 0.2500 mill, representing no increase. He stated the ad valorem revenue is $3,543,691, and the tentative budget is $8,909,497.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant tentative approval of the millage for Environmentally Endangered Lands at 0.2500 mill for FY 1996-97. Motion carried and ordered unanimously.

Beach and Riverfront Acquisition

Ms. Wall advised the rolled back/rolled forward millage for Beach and Riverfront Acquisition is 0.2356 mill, and the tentative millage is 0.2144 mill, and the percentage change is not applicable. She stated the ad valorem revenues generated is $3,039,070, and the tentative budget is $3,818,127.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant tentative approval of the millage for Beach and Riverfront Acquisition at 0.2144 mill for FY 1996-97. Motion carried and ordered unanimously.

Port St. John/Canaveral Groves Recreation Facility MSTU

Ms. Wall advised the rolled back/rolled forward millage for Port St. John/Canaveral Groves Recreation Facility MSTU is 0.8494 mill, and the tentative millage is 0.8494 mill, representing no increase. She stated the ad valorem revenue is $466,768 and the tentative budget is $449,929.

Commissioner Scarborough advised there has been an increase in the gross value of taxable property to the extent that the millage is moving backwards and maintaining the revenue even though District 1 is supposedly in an economic recession. He stated the City of Titusville apparently is having a different kind of a problem with reduction in valuation from the Property Appraiser; and the Board should discuss where the Property Appraiser is moving with all values within various Districts so it can understand the uniqueness of the property value movements and better understand the County.

Commissioner Ellis inquired if Publix went on the tax rolls this year; with Commissioner Scarborough responding he does not know what happened, but it is worth knowing.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant tentative approval of millage for Port St. John/Canaveral Groves Recreation Facility MSTU at 0.8494 mill for FY 1996-97. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: RECOMPUTED TENTATIVE AGGREGATE MILLAGE

Budget Director Kathy Wall advised the aggregate rolled back millage rate is 6.7669 mills, and the tentative aggregate millage rate is 6.7668 mills, representing no appreciable change.

PUBLIC HEARING, RE: ADOPTION OF FINAL FY 1996-97 BUDGETS FOR MELBOURNE- TILLMAN WATER CONTROL DISTRICT, SOLID WASTE MANAGEMENT DEPARTMENT, EMERGENCY MEDICAL SERVICES, AND SURFACE WATER IMPROVEMENT PROGRAM

Chairman Cook called for the public hearing to consider the final FY 1996-97 budgets for Melbourne-Tillman Water Control District, Solid Waste Management Department, Emergency Medical Services, and Surface Water Improvement Program.

Melbourne-Tillman Water Control District

Ms. Wall advised the budget for Melbourne-Tillman Water Control District is $1,384,000.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to adopt Resolution adopting the final FY 1996-97 budget for Melbourne-Tillman Water Control District at $1,384,000. Motion carried and ordered unanimously.

Solid Waste Management Department

Ms. Wall advised the budget for Solid Waste Management Department is $75,885,489.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve final budget for Solid Waste Management Department at $75,885,489 for FY 1996-97. Motion carried and ordered unanimously.

Surface Water Improvement Program

Ms. Wall advised the budget for Surface Water Improvement Program is $7,989,125.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve final budget for Surface Water Improvement Program at $7,989,125 for FY 1996-97. Motion carried and ordered unanimously.

Emergency Medical Services

Ms. Wall advised the budget for Emergency Medical Services is $10,160,033.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve final budget for Emergency Medical Services at $10,160,033 for FY 1996-97. Motion carried and ordered unanimously.

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

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

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution authorizing and adopting user fees for Melbourne-Tillman Water Control District at $14.85 per lot, acre or portion thereof for residential; $5.20 per lot, acre or portion thereof for agricultural, and $28.85 per lot, acre or portion thereof for commercial. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CERTIFYING THE 1996 EMERGENCY MEDICAL SERVICES ASSESSMENT ROLL TO THE TAX COLLECTOR

Chairman Cook called for the public hearing to consider a resolution certifying the 1996 Emergency Medical Services Assessment Roll to the Tax Collector.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution certifying the 1996 Emergency Medical Services Assessment Roll to the Tax Collector. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CERTIFYING THE 1996 STORMWATER UTILITY ASSESSMENT ROLL TO THE TAX COLLECTOR

Chairman Cook called for the public hearing to consider a resolution certifying the 1996 Stormwater Utility Assessment Roll to the Tax Collector.

There being no objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution certifying the 1996 Stormwater Utility Assessment Roll to the Tax Collector. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TENTATIVE APPROVAL OF COUNTY?S FY 1996-97 BUDGET

Chairman Cook called for the public hearing to consider granting tentative approval of the County?s FY 1996-97 budget.

Commissioner Ellis advised there are still areas the Board can cut for another $150,000 reduction. Ms. Wall advised the proposed total decrease is 4.1%.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to grant tentative approval of a resolution adopting the County?s FY 1996-97 budget. Motion carried and ordered; Commissioner Ellis voted nay.

PUBLIC HEARING, RE: SUPPLEMENTAL BUDGET FOR FY 1996

Chairman Cook called for the public hearing to consider granting tentative approval of the Supplemental Budget for FY 1995-96.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Ellis, to grant tentative approval of the resolution adopting the Supplemental Budget for FY 1995-96. Motion carried and ordered unanimously.

REPORT, RE: RAISES

Commissioner Ellis inquired about raises for County Employees. County Manager Tom Jenkins advised it is on the agenda for the September 10, 1996 meeting.

ANNOUNCEMENT, RE: FINAL BUDGET PUBLIC HEARING

Chairman Cook advised the final budget hearing will be held on September 19, 1996, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida.

DISCUSSION, RE: PETITION TO APPEAL FIRST DISTRICT COURT OF APPEALS? RULING ON CONFLICTS OF INTEREST

County Attorney Scott Knox advised an opinion from the First District Court of Appeals on whether the Board could pass an ordinance which would exempt ambulance and paramedic employees from conflicts of interest is contrary to the County?s position; the Board can petition for writ certiorari to the Supreme Court of Florida; there is a time frame involved which expires next week; so if the Board wants to go forward, he needs to know tonight.

Motion by Commissioner Ellis, to file a petition for writ certiorari in the Supreme Court of Florida on an opinion from the First District Court of Appeals on whether the Board can pass an ordinance which would exempt ambulance and paramedic employees from conflicts of interest.

Commissioner Ellis stated the issue should not have gone to the Commission on Ethics because there is no conflict of interest if they work for an independent ambulance firm, since a County fire fighter is never in a position to decide which ambulance is called.

Chairman Cook inquired if it would appeal the ruling that there is a conflict; with Mr. Knox responding it would appeal the ruling that there is no way the Board can address the conflict through an ordinance. He stated there is a statutory provision that seems to give the County that authority, and the First District Court does not think that is the case.

Commissioner Ellis stated if the ruling is extended to a conclusion, no one who works in the Public Safety Department can have a second job because they could encounter a hazard on that job, know it is a hazard, and ignore it because of their second job. He stated if a fire department employee saw mis-handling in the ambulance service, and he was also an employee of that service, he would not report it; but that could also be true if a fire employee worked at Wal-mart and saw a hazard in the aisles and knew it was a violation of the Code and did not report it.

Chairman Cook called for a second to the motion. Commissioner Scarborough seconded the motion.

Commissioner Higgs inquired if the petition has to be filed by Wednesday; with Mr. Knox responding the petition for writ certiorari requires a jurisdictional brief and a brief on the issue before filing; and that will take time, so he needs as much lead time as he can get. Commissioner Higgs stated if there is support on the Board to do it, it should be discussed again on Tuesday. She stated the County Attorney could go ahead and prepare it, but the Commissioners need to refresh their memories on some of the issues, because they did not know they were going to deal with it tonight. She stated they should revisit the issue on Tuesday to be sure they know the circumstances under which the appeal is being made and the likelihood of it being successful. Commissioner O?Brien inquired what will it cost; with Mr. Knox responding about $150 for filing fee and about a week of attorney?s time. Commissioner Ellis stated the attorneys are paid to be here anyway.

Chairman Cook agreed with looking at it on Tuesday, as he is leery of tying up attorney?s time for a week if the County will lose again. He stated the Ethics Commission is adamant about its position; he cannot vote for it tonight; and he would prefer to review it to see if there is a chance of success.

Commissioner Ellis stated the point in going to the Supreme Court is to overturn the Ethics Commission; with Mr. Knox responding it is actually to overturn the First District?s opinion, and get it into the Supreme Court. Mr. Knox stated the Supreme Court does not have to accept jurisdiction, and it may not. Commissioner Ellis stated their ruling has a broad scope throughout the State, and it will hurt a lot of people. Commissioner Higgs recommended Mr. Knox get the information to the Commissioners, including the costs involved and likelihood of success, and put it on the Agenda for Tuesday. Mr. Knox stated he can do that, as it will not take 40 hours to do the jurisdictional brief.

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

Upon motion and vote, the meeting adjourned at 8:20 p.m.

MARK COOK, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
(S E A L)