The Board of County Commissioners of Brevard County, Florida, met in special session on September 20, 1995, at 5:30 p.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

Chairman Nancy Higgs led the assembly in the Pledge of Allegiance.

PRESENTATION, RE: FY 1995-96 PROPOSED BUDGET

Chairman Higgs stated this is the second and final public hearing of the proposed 1995-96 Budget; it follows the millage hearing from which the TRIM notices were sent; and requested the Budget Director to present the budget.

Budget Director Kathy Wall stated the budget is a written expression in financial terms of the County?s goals and objectives for the coming fiscal year, and the resources it will take to accomplish these objectives; the Board annually adopts an operating budget which matches projected revenues with expenditure needs of the County, communicates to the community the County?s fiscal plan, and provides for a system of checks and balances; and the development of the budget is a dynamic process which includes budget preparation, the adoption process, implementation, reporting and monitoring the results, and year-end closeouts. She stated the County?s proposed FY 1995-96 Budget is $488,342,518; it is a $220,485 increase from the budget submitted on September 6, 1995; and the major changes are decrease in the Road and Bridge District 2 MSTU, decrease in Road and Bridge District 4 MSTU, decrease in Road and Bridge District 4 Beaches MSTU, and increase in cash forward designated for capital in the Road and Bridge Program. She stated the aggregate ad valorem rate included in the proposed budget for this fiscal year is a decrease of 1.2% over the rollback millage. She advised the purpose of tonight?s meeting is the final adoption of the County?s FY 1995-96 millage and budget.

PUBLIC HEARING, RE: FY 1995-96 BUDGET

Chairman Higgs called for the public hearing to consider the FY 1995-96 Budget; and explained the procedure to address the Board.

Commissioner O'Brien inquired if anyone knows why certain American flags have a gold fringe on them and others do not.

Geraldine Long Spahn, 431 Amherst Circle Drive, Satellite Beach, stated she has lived in Brevard County for 18 years; and requested funds for non-profit organizations that operate at a loss to bring culture to the County. She stated the County needs jobs; it needs to actively court corporations to move to the County; and the EDC should be emphasizing the cultural benefits it can offer as well as the skilled labor pool. Ms. Spahn stated it is time to stop talking about the Space Coast and start talking about the benefits available in the County. She stated when it comes to relocation of a large business, corporate wives are not interested in moving to a cultural wasteland; and pillow talk can be very persuasive just as temper tantrums can have a negative effect. She stated they also want quality education for their children with exposure to music and art; children exposed to culture learn to appreciate nature, beauty, and the inspiration of plays, poetry and dance; they have something to occupy their time besides carrying guns, trashing property, getting involved in drugs, and committing senseless burglaries and killing; and right now the fastest growing crime rate is in the 11-18 age group, which is shocking. She stated money invested in arts to give children an interest can help to stifle crime; and there is a payback in that less money would be required for rehabilitation. She stated the TDC should actively promote the marvelous art community of the County; art shows bring money into the community; and the County?s art shows are on a level with the Mt. Dora Art Show which is widely advertised and attracts huge crowds to that community. She stated the County?s antique shops and restaurants are superior; and inquired why the County is allowing Mt. Dora to get the money. She stated the Board should actively support art shows with larger awards because the money would come back to the County in taxes on food, lodging, gasoline and purchases of all kinds. She stated the Brevard Symphony Orchestra has all paid professional musicians plus a guest performer at each of the regular concerts; teachers and children are given a 50% discount on tickets to the concerts; they also give four free concerts each year to a total of 7,000 fifth grade school children of the County; they give three or four free outdoor concerts for the community; and they have helped establish school musical groups. She noted one class in Palm Bay is writing an opera which it will produce; and they are too busy to be involved in crime. She stated the budget for the Symphony is $300,000; box office receipts are a pittance of the required budget; the Symphony is in need of help from the County; and she hopes the Board will look upon money given to the arts as an investment in the future of the County. She suggested making the County famous for its cultural facilities that can make money for the County. She stated to get rid of drug use, the County should give the children the facilities for active participation in the arts; the arts should be used to attract industry; bus tours, complete with meals and overnight lodging, can be arranged to come to Melbourne to go the King Center; and the arts should be used not only to stimulate our minds, but also the economy.

Chairman Higgs stated she received a number of letters from people supporting funding for the arts as well as a petition from the AAUW supporting the arts request.

Leo Roselip, 365 Cherry Drive, Satellite Beach, thanked the Board for the $654,784 the Board awarded to ten not-for-profit agencies. He thanked the Board for their appointees to the Community Based Organization Funding Advisory Committee; stated the Committee did a great job; and he hopes the concept will continue. He cited statistics showing the County exceeds the national and state averages in number of births to unwed teens from 15 to 19 years, percentage of teens who drop out of high school, number of children in poverty, percentage of families with children headed by single parents, and number of juvenile violent crimes. He stated in 1994 the County gave $1,308,800; the figure in 1996 is $655,000; United Way gave $1,703,400, and in 1995-96, the figure is $1,503,000; and in 1993-94, HRS contributed $14,824,000, and no one knows what HRS is going to do now, but it does not look good. He stated not-for-profit entities have customers just like for-profit entities; he works for a department store which is a for-profit company; the customers arepeople who want things; but not-for-profit entities serve people who need something; and there is no difference between the two. Mr. Roselip stated if the County does not do something to establish a good base for the not-for-profit entities, it will be in trouble; and encouraged the Board, if additional money becomes available, to think about the not-for-profit agencies.

Linda Krupp, 6741 Windover Way, Titusville, stated she is a taxpayer, concerned citizen, and member of the Titusville Art League; the prime interest of the organization is the development and education of the children of the community; and it offers numerous classes year-round. She stated recently 23 individual artists bonded together to open a gallery in Searstown Mall for the purpose of exposing more citizens to the visual arts and as a way of advocating enrollment in classes. She stated financial support is needed for the Titusville Art League to continue functioning as it does; her request, as well as those of 250 individuals who signed petitions, is that the County not cut the funding for the Brevard Cultural Alliance.

Barbara Allard, 2460 Bonny Drive, Cocoa, representing the Space Coast Center for Independent Living, stated she wants to speak in regard to the community-based organizational funding; her organization was not funded, and has never received County funds; and it was her understanding that the request for proposals from community-based organizations to the County was to provide a fair and equitable process to emerging and established County organizations working on need-based issues and concerns, as well as to insure accountability of organizations receiving County funds. She stated the Space Coast Center for Independent Living is an organization which offers unique services to people with disabilities; it is one of the first federally funded centers in the State; there are now 13 centers in Florida; and there are 400 throughout the United States. She stated the Center continues to receive federal money as well as Florida General Revenue money; the Center provides programs to assist the citizens with disabilities to reach their maximum levels of independence; and some of the services are designed to assist the individuals to obtain the skills they need to get off social security or other fixed incomes, and seek employment. She stated the federally mandated programs are independent living skills training; and outlined the elements included in the training. She stated other programs the Center chooses to provide are accessibility, including installation of grab bars, widened doorways, and building of ramps, job seeking skills, equipment loan and repair, support group meetings, and transportation; and consumers in the future should be surveyed to give their opinions on services by organizations for future funding. She stated because the Center receives federal and state money, it is sad that the County does not consider the agency for any funding, when the people served are citizens within the County.

Arthur Greene, 340 Diana Boulevard, Merritt Island, stated he is speaking in support of the cultural budget items. He stated those who have been in the County for thirty years and more have seen the development of resources for the enrichment and participation of all citizens in cultural activities; it was done first on a voluntary basis; and now it has grown beyond that and requires the support of the County as well as business and other government. He stated diversity and continuity of cultural forms has been provided; it is spread all over the County; it is available to anyone in the schools; and they invite young people to take part, providing worthy alternatives in these troubled times. He stated they have achieved standards of excellence which are comparable to areas anywhere; they are doing well, and want to continue to do better; the County needs to be part of the support system for all of these activities; and requested the Board remember the organizations in the budget considerations.

Gloria Baur, 2260 South Front Street, Melbourne, representing the Brevard Museum of Art and Science, thanked the Board for its full funding of the arts in the past; and requested the Board not forget how important it is to continue funding the arts, and resist further reductions in the funds set aside to support cultural activities in the County. She stated the Board addresses the needs of citizens for sports and recreation, but it should also fulfill its obligation to all the arts which enrich this area. She stated volunteers toil devotedly for the County?s museums and symphonies, each of which faces an endless battle with rising cost, fear of reduced government funding, increasing wage rates, and the growing costs of materials and services; and the volunteers not only give their time and expertise to these institutions, but must raise funds as well. She stated history tells us there is a strong correlation between the intellectual strength of a community and its sponsorship of cultural activities; and as a member of the Board of Trustees of the Brevard Museum of Art and Science, she recommends the Board continue its full support of the arts.

Robert Baur, 808 Kimberly Circle, West Melbourne, stated he hopes the Board has given a lot of attention to the socio-economic impact of the arts and cultural events in the County; a lot of arts organizations have people on the payroll; they spend money in various services and trades in the County; and in the trickle-down process, they have businesses serving them which collect sales tax. He stated in addition to the economic impact of the arts and cultural events, there are benefits to the EDC; businesses and employees come to the County because, in part, of attraction of cultural events and the arts; and if the Board dismisses that thought, it is doing a great disservice to the quality of businesses that the EDC is trying to bring to the County. He stated he retired thirteen years ago as an administrator and professor at a university and moved to Florida; after living in Pasco County, he came to Brevard County because it had a cultural attraction; he cannot call that a mistake yet; and continuation of the County?s current cultural allocation will help preserve the cultural image the County has in the State. He stated it is becoming too much of a jockstrap society; more emphasis is put on sports; but the other branch of young people?s development, which is the arts, should not be discredited. He stated people can learn how to swim and play football and soccer, but when they get out high school and college, what do they have but a bunch of bruises and broken bones; but if someone studies the arts, he has something he can preserve for the rest of his life, and even make a living out of it. He stated the arts will provide experience that develop character and discipline.

Vera Walker, 28 Mitchell, Cocoa, stated she came to the County because she knew it had a lot of things for retirees, was a good place to live, and would have a lot of activities; and she is concerned that the County appears to be losing its reputation of having concern for its citizens. She stated she is concerned that people will not want to move to the County, but will go to Pinellas, Lee, and Collier Counties which are concerned about their citizens, arts, culture, education and the earth; and requested the Board at least provide the minimum of one stamp per family for the arts.

Clair Christy, 105 Oyster Place, Rockledge, stated he is associated with the Melbourne Municipal Band, the Melbourne Community Orchestra, Swing Time, and the Spacecoast Philharmonic; and encouraged the Board to not only reinstate the $50,000, but to add $20,000 to the amount. He stated arts are important to tax base growth as well as cultural growth of the community; the arts provide a higher level of thinking and expression than can be found on the street corner; the type of person who gets caught up in this activity is usually a fairly well to do, educated person who is willing to invest dollars and time in the community; and the County should try to draw this type of person to the community. He stated two weeks ago he visited the Weusthoff Hospital Emergency Room; the doctor had moved to the prestigious area of Lake Mary to live with other doctors; but it did not take long for the doctor to find that Lake Mary is pretty, but has few opportunities for cultural growth. He stated the doctor used to play the trombone, and wishes to pick it up again; he has discovered the cultural advantages of Brevard County, and is now considering a move here; and he signed him up for the Melbourne Municipal Band as soon as he can make the move. He stated two years ago when the Melbourne Municipal Band played at Epcot, two sets of families came up afterward to inquire where Melbourne is; and they said they intended to move or retire to a community where music and the arts are alive and well, and Melbourne had just moved to the top of the list. He stated those in the arts are good will ambassadors and need and deserve the Board?s support; they train hundreds of people each week; they play or perform to tens of thousands of County residents plus many from other counties who come here to experience the activities; and in many ways, they are an extension of the leisure time activities that are already made available to the residents. He stated it would be nice if the funding for the arts could occupy a safer place in the budgeting process as the arts should not have to experience near extinction each year. He stated the County?s small amount of financial aid means a lot for budget and morale in the arts groups; and invited the Board to all of the performances.

Margaret Broussard, 3660 North Riverside Drive, Indialantic, stated she does not know if the Board is going to discuss the possible dismantling of the Office of Natural Resources Management; she is prepared to discuss it because of a letter she got from Commissioner Ellis advising he believes it should be dissolved; but there are a lot of other people who are not present because they do not expect it to come up. She stated it is not fair to discuss anything that important without advance notice to the public.

Commissioner Ellis stated that would be an organizational agenda item, not a budget item. Ms. Broussard inquired if there will be an opportunity for the public to discuss it at an advertised evening meeting, with a time certain. Commissioner Ellis stated if he sets it for an agenda item, it will come up as an agenda item. Chairman Higgs stated it would be publicly advertised.

Ms. Broussard stated the Board has assured the people repeatedly that the millage is safe. She requested the County provide a director for the office of Natural Resources Management. She stated the Board said it was going to try and get along without a Natural Resources Director; it is a credit to that office that it can continue to function smoothly without someone in that position, at least for a while; and they can continue to do so with the Assistant County Manager filling in, but ultimately the office will suffer for lack of a director. She requested that line item be included in the budget so funding for that position will be available and a director will be found. She stated last night three of the Commissioners sent a message to the people of the County that they do not care about protecting the wetlands; most people who do not see that they have a financial interest in saving the environment are much slower to arouse than those who have a financial interest in despoiling it; but people are beginning to wake up, and the three Commissioners would be wise to wake up too. She stated property rights advocates are not advocates for the property rights of the majority of the citizens, but rather a small minority who stand to gain by paving over and building on every piece of land they can get their hands on; they do not stand for her property rights because the more they develop the natural land near her property, the more her property rights are infringed upon and the less her property value is; and their good sounding name hides their greedy self interests. Ms. Broussard stated it may be fooling a lot of people now, but neither they, nor their name can fool all the people all the time; and they do not represent the people the Board is supposed to represent. She stated the people are getting wise to the new good old boys network; and the Board should wise up and get out of it.

Commissioner Cook stated Ms. Broussard obviously does not understand what the Board did last night; he does not blame her because the newspaper was totally inaccurate today; and if she would like to call him tomorrow, he can explain what the Board did. Ms. Broussard stated she would be glad to talk to Commissioner Cook tomorrow because she has been trying to get a chance to talk to him for a long time. Commissioner Cook stated Ms. Broussard is scheduled for an appointment; with Ms. Broussard advising she is, but it is too late for last night. Commissioner Cook stated once Ms. Broussard understands what the Board did last night, she may have a different attitude. Ms. Broussard stated she hopes so, but doubts it because she has read the rules. Commissioner Cook stated Ms. Broussard has read the distortions, and now he would like to show her what the facts are.

Kay Burk, 1525 South Atlantic Avenue, Cocoa Beach, Director of the Brevard Cultural Alliance, stated BCA is grateful for the support received from the Board; the Board has done a great deal to help BCA, and it is appreciated; and requested the Board make a good decision for the benefit of the community to reinstate the County?s Cultural Grants Program to $100,000. She stated it has been that over a period of years; in 1990, it was $125,000; there was a severe budget crisis, and it was dropped; and it has remained at that level since. She stated meanwhile the community has grown tremendously; every year more and more people come here; there are more people to serve; and the cultural groups reach out to serve a broad part of the population throughout the County. She stated every time the population grows and the funding remains the same, the Board has cut the funding; each year there has been less money to serve because there are more people; and requested the Board address that as it considers reinstating the budget. She stated as a private citizen and taxpayer, she sometimes feels disenfranchised because of her job; but she and her family feel this is very important; and requested the Board consider making the County a better place to live, and not a lesser place to live.

Joe Conneen, 441 North Harbor City Boulevard, Melbourne, stated he has been in Brevard County for 25 years; and he is personally responsible for adding between $50 and $100 million to the tax rolls because he built over 400 custom homes in the County. He stated he is the federal government building inspector for the County; he watched the growth; and he is Chairman of the Art in Public Places Advisory Committee. He stated he is one of the people who reads the grants; last time it took 85 hours to read the requests; there has never been enough money to fund all of them; five years ago, they got $125,000, but $25,000 was dropped off; and by leaving it at $100,000, it is really decreased because of the population growth. He stated Money Magazine listed the County as the 53rd nicest place to live in the United States; one of the criteria for that is culture; and without culture no location grows on that list. He stated he would hate to see the County slip back down the list to 133 or beyond; and urged the Board?s support of the arts.

Micah Savell, 1370 Sarno Road, Melbourne, stated he hopes Mr. Boylan is here since he represents the local liberal newspaper; it does not represent anything close to the facts; and hopefully he will do a better job in the future. He stated one of the earlier speakers spoke about the people waking up once they find out what is happening to their environment; and he suspects once the Board notifies the 26,000 people whose properties are going to be affected by some of the environmental issues, the Commissioners will need sleeping pills because he imagines they will keep them awake. He commended Chairman Higgs for staying focused on the goals and objectives. He stated this is a matter of priorities; the editorial page of the newspaper talks about all the things that will be penalized if the Board cuts the budget; the Board was talking about a 5% cut; and at the last budget meeting, it came up that the difference in the 5% meant that instead of having $6.4 million in reserve, the County would only have $5 million. He stated some Commissioners fought to keep that in there; and he thought what would that money be used for, and is it already earmarked for other projects. He stated the County is only expending $32,000 for the Alzheimers Association, $25,570 for the Association of Retarded Citizens, and $75,000 for Brevard Achievement; and the biggest committed expenditure is $288,000 for Circles of Care. He stated $100,000 is going to Community Services, another $25,000 going to Community Services, and $26,000 for spouse abuse. He stated the County is negotiating to purchase 145 acres on the beachside; the property will be sold to the County or another government agency for approximately $6.5 million; it is under the guise of protecting the environment and saving the scrub jay; and there is a serious problem in priorities. He stated there are six families of birds on the property, a total of eighteen birds; and that is $361,000 a bird. He stated the tax loss to the average homeowner would be $1.20, but the taxes on the one piece of property are in excess of $107,000 a year which breaks down to $5,500 per bird on the property; and yet the Board is having serious discussions about where it is going to get $26,000 for spouse abuse. Chairman Higgs advised Mr. Savell?s time has expired. Commissioner Scarborough requested Mr. Savell be given more time.

Mr. Savell stated it is a question of priorities; the County has been misdirected for a number of years; it is time to re-focus; and if this property is taken off the market, the average taxpayer will have to pay an extra 82 to 83 cents per family. He stated the difference is whether there is a 5% reduction and the slush fund that is going to be kept. He requested the millage be rolled back to 4.18 mills, and the Board re-focus on the priorities. He inquired who is more important, the people or its critters.

Ben Shoemaker, 1370 South Atlantic Avenue, Cocoa Beach, requested the Board restore the money for the County?s cultural grants. He stated since no one objected, the Board already agreed to go up to $120,000; and he would like $150,000. He stated last year there were thirteen organizations funded; and named the organizations which were funded from the $100,000. He stated this year sixteen organizations have applied for the same grant money. He stated when he is looking for things to do in the TGIF section of the newspaper, almost every group is receiving money through the cultural grant process; it is the system the federal government has been advocating by granting money in block grants; every one of the organizations has to prove that the money from the year before was validly used; they are under significant review; it takes 85 hours to read the grant applications; and people volunteer their time to do this. He stated it is not groups asking for a tremendous amount of money; it is a small portion of their funding; and the majority of what they get is from volunteers. Mr. Shoemaker stated Brevard County has two symphonies; Orlando could not even back up a loan to support the symphony; and what he is talking about is seed money for those organizations. He stated it is a little bit of money to get the organizations going; and $50,000 is worthwhile. He noted some people hit on the economic impact; he works for a development company which has built in the County; it is good business when they are trying to get people to move down here; there is a strong retiree market; and it is good to be able to go to plays and have things other than baseball. He noted not everyone likes sports; and some people like to go to plays, listen to symphonies, or go to the Science Center. He stated the groups work with children and people of special needs; this is not just paintings on the wall; and it is not just spending absurd sums for public art that does not seem to be worthwhile. He stated they are community groups that are actively involved, easily accessible and working with the community. He stated one of the real questions people have is whether art should be sponsored by the government; governments should be in the business of health, safety and welfare; and if sports and other things, benefit the people, then arts do. He stated providing a better place to live is what it is all about; and spending $100,000, if it cannot be boosted to $150,000, on the arts is a good way to benefit the people of the County. He stated this is not a waste of money; he is not for wasting money; there are a lot of things he would like to cut; but this is not one of them. He stated $50,000 is a large sum of money, but divided among the organizations, it is a small sum to spend for substantial benefit; and he hopes the Board decides to approve this.

Pat Poole, P. O. Box 254, Melbourne, stated many of the citizens of Melbourne were disappointed in the Board?s disregard for their concerns by calling the meeting on the wetlands on the same night as the City?s final budget hearing; the Chamber was filled; many people expressed dismay in not being able to attend and speak in favor of keeping the wetlands plan and regulations; she was perturbed that the Board scheduled the Landscaping Ordinance on the same night the School Board was considering demolishing Melbourne High School; and it appears the Board does not want to include the people in the public input. She stated Commissioner Higgs said the Board abdicated its primary responsibilities; and inquired how could the Board even consider cutting wetlands protection. She stated as the headlines stated, it is beyond comprehension; and inquired if the Board recognized the vote of its advisory board, the editorials, and all the reasons given for keeping the wetlands regulations. She stated the Board went through the motions of conducting a hearing with its mind made up and its ears closed, which is characteristic of many public officials. She stated some of the Commissioners are new in the political arena and will make mistakes just as children do, but it is time to grow up; and the Commissioners were elected to serve, not do what they want to do. She stated at the last budget hearing, some of the Commissioners were considering doing away with the Office of Natural Resources, and delegating its responsibilities to other departments; again the Board is not listening; this is one of the most important departments in the County; and it is probably used more by the people than any other office. She stated the people have worked years to provide regulations to preserve a high quality of life and protect the natural resources from rampant and uncontrolled growth; and inquired how can the Board believe its decisions in the past few months are in the interest of the majority. She stated to say the private property rights must be protected is a farce; it has been nothing but a way to protect the developer?s rights; and inquired how can the Board say it is streamlining government when it is actually trying to do away with it. She stated the Commissioners are trying to rationalize their actions to ease their consciences; the Board has dropped needed impact fees for commercial properties while leaving fees on residential properties; and inquired is this fair. Ms. Poole stated there should be a lawsuit against this; and inquired how can the County give funds to Malabar and not the other cities which have been affected, and is it because the other cities have not threatened a lawsuit. She stated the County?s Landscaping Ordinance was one of the best in the state; the City of Melbourne used it to fashion its Ordinance; it had to be implemented to protect the County from unscrupulous developers who descended on the County like vultures because it is a desirable and beautiful area; they clearcut and destroy habitat to squeeze every inch they can out of the land; and soon the County will become another asphalt and concrete jungle. She stated she cringes when she hears the greedy Citizens for Constitutional Property Rights preach communism and make false statements. She stated no one likes to have someone disagree with their ideas, but she has learned to listen because it is always possible to learn by listening. She stated she would not be here if she did not care deeply; it hurts those who truly care to see economic development put above everything the special interests and influences have; she would rather vote alone and vote what is in her heart; she does not want to be controlled; and she is sure the Commissioners do not want to be controlled; but as they try to cut the budget, they are cutting the most important things the County has.

Chairman Higgs advised Ms. Poole?s time has expired. Ms. Poole noted she was unable to come to last night?s meeting; and the Board allowed Mr. Savell extra time. Commissioner Scarborough requested Ms. Poole be given additional time.

Ms. Poole stated the ten dollars difference could do so many things for the people of the County; it is the pennies that make the dollar; and the Board does not need to cut the budget just to say it is cutting the budget. She stated the County was the first to develop the Comprehensive Land Use Plan; she was proud; others praised the County?s Plan and used it to develop their plans; the County has something great; and recommended the Board not get rid of it and destroy the County. She stated the County means something to everyone in different ways; there are some good things going; and requested the Board not take them away. She recommended the Commissioners wait until they have been here a while to see how things happen and not jump in the pot and start moving as fast as they can. She stated she understands what the Board did last night and so do hundreds of other people; and she hopes the Board will explain what the newspaper meant so everyone will know what it is.

Commissioner Ellis stated there are over a dozen cities in the County; they all meet on different nights; and the Board does not plan its meetings to exclude one city or another. He noted the Board has always met on Tuesdays; and no matter what night the Board meets on, it will bump into some city at some time.

Norma Savell, 3500 South Courtenay Parkway, Merritt Island, President of the Citizens for Constitutional Property Rights (CCPR), stated the group is growing daily and for good reason; she is the good old boy the previous speaker was talking about; and she does not appreciate the scurrilous remarks she made, but can understand the frustration because no one has opposed them before the CCPR did. She stated they have been running amok with the property; and she can understand their frustration because the CCPR has been growing. She stated as people are learning what has been happening in the environmental movement, they are becoming furious; and they are environmentalists too, but do not want the property that belongs to others. She stated the last speaker said to say that the Board should protect property rights is a farce; and she means what each one of the people have scrimped and saved for. She stated the speaker said the CCPR preaches communism; communism is the socialism or the loss of ability of one to own his or her private property; and that is the highway to communism, which is what the CCPR opposes. She stated the CCPR supports all the constitutional rights; they have been locked in a property rights battle; every citizen is in this battle whether they realize it yet or not; and if they are living in a home or apartment that has been provided to them by someone else, they have no idea of what is happening today with the loss of rights or freedoms that people are trying to take. She stated she is concerned about the bid for the extra $300,000 for the Clerk of the Courts; it sounds similar to the School bond issue which just went down in flames; that was proof that the voters want accountability in government; government has become accustomed to bail-outs when they spend themselves dry; but today the highest concern of the people is the fear that their income will not cover their needs, and their underlying fear is loss of jobs. She stated times must change; the School Board spent funds that were in pocket for another, and the public was not happy about it; it seems to be a nationwide practice to expect the government or voters to bail them out; but the people are in no mood for rewarding bad spending policies. She suggested some high paid salaries be reduced; stated it is a good thing that the merit system is being reworked; unproductive workers should be let go; the best advice she heard was from a friend who counsels those in financial trouble who said income is not as important as what is paid out; and the outgo has to be less. She stated this should apply to government as well as private citizens; if some buildings close, she does not believe the Board can be held accountable for that; and each department should be responsible for itself.

Carole Atkins, 5805 North Banana River Boulevard, Cape Canaveral, speaking on behalf of the independent paralegals, stated she does not want to see the Rockledge Clerk of Courts Office close; it will be an undue burden on the citizens of the area; it will cut down on people wanting to file on their own behalf; it will cut down on people wanting to get a marriage license; and people will not be able to travel to Titusville or Melbourne in order to file all their papers. She stated the roads are not in that good condition to either location that they can afford to have the burden of additional vehicles on them; the County does not provide public transportation to help the people of Cocoa get to Titusville or Melbourne; and cutting this essential service to the community is going to be a hardship on the area. She stated if this does happen, there is going to be a courier service provided for the attorneys of the area; and that needs to be provided for all the citizens, not just attorneys.

Commissioner Ellis stated the Board will discuss the Rockledge Office later in the meeting.

Shari Bellina, 1700 North Atlantic Avenue, Cocoa Beach, stated she has been a gainfully employed Brevard resident for 28 years; she has been able to remain employed because she works for an industry that has done well in the County, and that is banking; and in her job, she is allowed to do many different things including interfacing with people coming into the County looking for places to live and deciding if they want to live here. She stated she talks to small and large businesses to see if they wish to relocate; and something that is near and dear to her heart are the arts and non-profit groups. She stated many bankers serve non-profits and the cultural activities in the County because they know how important it is to the industry. She stated she has been on the Brevard Achievement Center Board for the last six years, and has worked with Very Special Arts for the last three years; they are near and dear to her heart; she serves those organizations with her personal time because of what they do for the people; and her employers give her the time, ability and donates that to those organizations because they see the necessity for them in the County to make their industry successful. Ms. Bellina stated if someone could touch one person as they do with Very Special Arts and the Brevard Achievement Center, they would see that it is worthwhile; most of the people spend most of their days supervising the bottom lines of their companies and what they are going to make; her employers do the same thing; it is important to them that the arts and non-profits succeed in the County; and it should be important for the Board to know that as it looks at where the money goes. She stated it is not just for the selfish interests of some people who have their art or for those individuals who have someone with a disability that is helped by one of the organizations; and it is for everyone who wants to stay employed in Brevard County and have a thriving neighborhood.

Joseph Stadnik, 3422 Angelica Street, Canaveral Groves, stated he is present to talk about Canaveral Groves parks and recreation center; the people have been paying the taxes for parks for 15 years; there is over $200,000 in parks this year; last year they paid $78,000 in taxes; and next year the people will be paying approximately $96,000 in taxes for parks; but they still do not have a park. He stated he does not want the Board to immediately run out and buy property for a park; that is the way a lot of communities do it; but he does not want that. He stated he wants a feasibility study to find out where a park could be located and what type of park would be appropriate; and he wants to use their tax money to do the study. He stated in District 4, Lake Washington is getting $400,000; the Jaycee Park is getting $159,000; the Williams House is getting $439,000; that equals $998,000; all he wants is $50,000 or whatever is needed for two or three people to do a feasibility study; and it should come out of the money the people pay in taxes. He stated there is the Port St. John-Canaveral Groves Recreation Facilities MSTU; Canaveral Groves is south of Port St. John; and he does not know how the County snuck in one square mile of Canaveral Groves into that taxing district; but he would like it to be removed because Canaveral Groves is not in Port St. John. He stated the Supervisor of Elections has asked the Board for three years for some cash flow for new machines for voting; he worked with the Supervisor of Elections in this County as well as Orange County; during the Presidential election, the vote count from Brevard County was behind all other counties; the Space Center is in the County; and the County should get into the space age in terms of counting votes. He stated the Board?s action yesterday was well done; the people?s property is more important than the $300,000 bird; he does not want the bird; and he would rather have the property he has which is flooded. He stated welfare for children is going down this year which is good; and if children were spanked more by their parents and by the courts, and if the parents would be more responsible, there would not be the problems with children that we have now.

Jeanne Leeberg, 3670 Whisperwood Circle, Melbourne, stated she is a taxpayer, voter, wife, mother, grandmother, and Executive Director of the Henegar Center. She stated many people think that the cultural grants support the individual artists, pay the salaries of the administrators, or pay the utility bills, but that is not the case. She stated the grant enables those that are in the arts community to provide quality programming; last year as a recipient, the Henegar Center was able to bring three programs in; and one was the National Theater of the Deaf. She stated the quality of that program brought in the deaf community throughout the State; they were able to take part in the program; and it had an economic impact because they stayed in hotels and ate in restaurants, etc. Ms. Leeberg stated as far as the cultural aspect, it is something the Center would not have been able to do. She stated with grant funding, they have been able to establish a Black History Festival; the first year there was a one-night event; the second year there was a one-week event; this year there was something every night for one month; and this could not have been done without the grant funds. She stated the third thing was establishment of an educational children?s program; and they brought 4,000 children into the theater. She thanked the Board for providing the grant funds so the groups had the opportunity to bring that kind of programming to the County; none of the groups feel it should be an entitlement program; the grant process is grueling; and each organization has to prove it can do quality cultural programming. She noted the organizations have to match the grants on a two to one basis; and requested the Board not cut the funding. She stated the County needs this type of cultural programming; none of the funds go for salaries, utility bills, etc.; but it does go to bring individuals and programs to the County.

Chairman Higgs stated Nancy Snipes, 540 Rio Pino North, Indialantic, submitted a card; and she does not wish to speak, but requests the Board not cut the budget at all as the citizens stand to lose a lot while only gaining $11 to $15.

Pat Oliver, 3410 Sunset Ridge Drive, Merritt Island, stated she is Chairman of the Brevard Cultural Alliance Grants Panel, and hopes there are lots of funds to proceed with. She advised she moved to the County in 1982; the County was approximately half the population it is today; her job entailed working with grants to the non-profit community; the budget was approximately $15,000; ten years later, in 1992, they gave over $250,000 to the County from the employee fund; and there were also hundreds of volunteer hours, which still continue. She stated she has seen her income dissolve to approximately one-fourth of what it was two years ago; but she is still paying the same tax level. She stated as a private taxpayer, she is concerned about where her money goes; she built a home in the Savannahs; she and her husband love sports as well as cultural activities; and requested the Board think about what is culture. She inquired if Mr. Savell would have been able to write his chart and project it if he had not learned to read; and advised that is a form of culture. She noted culture surrounds us; the cavemen left us messages; and inquired if we will leave messages on Mars. She stated she has been involved in the community; when she came here in 1982, she was surprised to find there were no art programs in the schools; it improved, but then it receded; and she has seen the Cultural Alliance start, keep growing, and proceed. She stated BCA has done some wonderful things; it has provided education in the school system which there were not enough taxes to support; and inquired why are there all the wonderful sports things. She noted she pays her way to cultural events and sports events; as the previous speaker said, the County is getting to be jockstrap minded; and that upsets her as a taxpayer. She stated cultural things have always been put aside, while there is always room for sports; and it is time to start balancing things out. She stated if culture is not going to be funded with tax dollars, then the County does not need to be spending tax dollars on sports. She stated to see the volume that is being given to Circles of Care is shocking; she has been responsible in overseeing large grants to them; and she does not understand why the County is making that kind of contribution to that private non-profit organization. She stated everyone picked up crayolas and colored when they were younger; that is culture; it carries us through life; and the music we hear on the radio, whether country or symphony, is still culture.

The meeting recessed at 7:03 p.m. and reconvened at 7:18 p.m.

Dale Young, 863 Washburn, Melbourne, commended the Board for its efforts in reversing the trend of ever growing governmental spending; stated the Board has been accused of ignoring needs of the citizens; but to the contrary, the Board has shown concern for the residents in reducing the burden of taxation. He stated in a County that has lost over 50% of its property as nontaxable, the government has forgotten its priorities; 48% wound up paying the bills; and the priority of government is providing for the health, safety and welfare of the residents. He stated in the FY 1995-96 budget public safety accounts for 6%, human resources is 3.5%, economic environment is 3%, general government is 14%, and culture and recreation are 10%; that 10% represents $46 million out of a $488 million total budget; and the people who wish to spend more in cultural pursuits could reapportion the $46 million by taking some out of libraries or parks to satisfy their requests. He suggested the Board stick to the priorities. He stated as far as the environment and those who would remove even more of the property from the tax rolls, it rings a little hollow to hear those who are living on the riverfront or in the wetlands complain about the priorities.

Kim Zarillo, 760 Cajeput Circle, Melbourne Village, stated she is present to request changes in the budget for the Natural Resources Management Department; the Departments were asked to take a 5% reduction from the use of General Revenue funds; and the Natural Resources Management Department took a 28% cut which is a slanted and unfair cut for a Division that is much smaller than many of the other Departments. She stated the County is spending more on losses on the golf course than to replace a director; and when people talk about priorities such as the golf courses or gun range, culture is a big part of it, and she agrees with parks and recreation; but Natural Resources is a small department with an important purpose; and she does not see why it is being affected so severely. She requested the Board reinstate the Natural Resources Management Director?s position. She stated in any management, one person cannot supervise that many people as the County has now; and to remove the Director is the same as belittling the function of the Division. She stated the Office of Natural Resources needs a Director, and it should stay as it is now, and not be divided. She stated she was here the other day and heard that the Savannahs Golf Course was losing approximately $300,000 a year; and if the County can use General Fund money to subsidize golf courses, then to replace the Natural Resources Management Director for less than $50,000 is not asking too much, and it would provide some confidence in the Board?s support of the natural resources of the County. She stated the Division of Tourism will be spending more on beach restoration; natural resources do have some economic impact or money would not being spent on them; and they have tourist or other economic value. She stated property rights have nothing to do with the budget question; those are functions that are necessary to provide the services to the citizens of the County; and it is a small Department, but it keeps getting hammered unnecessarily.

Commissioner Ellis stated before he was on the Board, he opposed the County getting into the golf course business; when he got on the Board, he tried to sell the golf courses, but could not do it legally; he tried to lease the golf courses, and could not do that legally; they are both paid for with bonds which have pledges against sales tax revenue; and the County has to pay for it whether it likes it or not. He stated there is not one Commissioner on the Board who likes throwing away $300,000 to $400,000 a year on golf course losses; but there is no choice because the sales tax money has been pledged in a bond.

William Broussard, 3660 North Riverside Drive, Indialantic, commended the Board on its efforts to hold down taxes and make government more efficient; stated when doing that, there are always hard choices to make; and many people would disagree with each choice the Board has to make, so he understands the need to have an overview. He stated the majority of the people in the County are concerned about environmental issues and having a nice place to live with clean water, air, and enough open space. He stated the Board needs to continue to address those issues; the citizens of the County voted by a large majority to support the EELS Program for acquisition of environmentally endangered lands; and it would not be keeping good faith with the citizens of the County to cut that program. He stated there have been suggestions from the Board in the past that the original referendum did not include the intent of purchasing scrub; however, one of the original posters that was used in the promotion of the EELS Program prior to the referendum prominently features scrub creatures and land, so it was definitely part of the intent. He requested the Board leave the EELS funding as it is; the cost per average household is approximately $11 a year; and that seems quite reasonable.

Bill Vernon, 510 Watson Drive, Indialantic, stated he would have been present last night but in Indialantic there was a busy Council session to approve the budget and other agenda items. He stated in his 35 years here, he has learned to love and appreciate the County; in recent years, progress has been made in a number of areas; and from what he understands from the budget, the County is stepping back in some areas, and not continuing things that have been beneficial to the County. He stated an example is a reduction in control of landscaping, land clearing, the EELS Program, and control of the wetlands; Tallahassee and Washington, D.C. have enough control; the wetlands provide benefit to the County, not the least of which is water to the shallow wells; and the County needs to keep what it has. He stated if the County loses control of the wetlands, more houses will be built, more asphalt and concrete will be poured, there will be more people, and there will be less water. He stated there is a long-range potable water problem in the County; as a part of that the County needs to have a voice; the County voted to go to the Charter form of government, which is local control, not abdicating control to the state or federal government; and he would hope that it is not too late to restore some of the cuts and re-examine the budget. He stated Indialantic managed to get a budget that matches the rollback rate for the first time in at least ten years; he admires that sort of thing; but he is not sure that the right things are being cut. He suggested the Board look to see if there are some other areas that could be cut; and stated the Board needs to discuss each of the items in terms of what it is going to do, together with the budget. He noted he has been a supporter of improving the equipment available to the Supervisor of Elections; one of the alternates he has would be great; he would prefer to see the five-year program; but it would help the County to get answers quicker.

Brigadier General, U.S. Army Infantry Retired, W. S. Hollis, 3035 A1A, Melbourne Beach, submitted three sets of documents; and stated an issue has come up that is of great concern to BIPPA. He stated he wrote to each of the Commissioners; in that letter, he advised BIPPA is concerned that the environment is the subject of a hit man, not a manager; and the statistics of the reduction of the Natural Resources Department have already been brought to the Board?s attention. He commended the Board on its noble objective of reducing the cost of government; BIPPA?s only disagreement is with the allocation of certain resources; and it does not agree with the disallocation to the Natural Resources area. General Hollis stated the people of Florida support the Contract with America and the U.S. Congress, but the singular exception is protecting the environment; and more than 63% oppose that. He stated BIPPA is asking the Board to represent the people and restore the reductions that were in the budget as proposed. He noted he is a federal and state attorney; under Powers and Duties in the Charter, it states the County Manager shall be the executive which means he is to execute the law; and the County Manager is to determine how the law is to be implement which the Board passes. He stated he talked with William Patterson who was one of the principal drafters of the Charter; Mr. Patterson advised the non-interference reference has no meaning with respect to the Board?s ability to pass laws and make sure that the law is obeyed; and that includes the law being obeyed by the County Manager and all others. He stated the difference is non-interference; the Board?s power is to decide what the government should and should not do, and the County Executive is to determine how to do what the Board tells him to do. He noted he has three degrees in Business Administration and Management, Economics, and Government and Private Finance; he has been the number two man in the largest corporation in the world in medical instruments and implants, and has been in practical management; he was in charge, before he left the Pentagon, of $60 billion of the defense budget; and he has been a manager, and is concerned about what has been happening. He stated the County Manager has violated the law; the law is no Department shall be substantially altered except by resolution of the Board of County Commissioners; there has been no such resolution; and this is a violation of the Board?s prerogative to set policy, and a violation of the County Manager?s policy because he is ignoring the law. He advised he has a letter in which Commissioner Ellis agrees the tasks of site plan review including the landscaping and land clearing issues should be combined into one group; and inquired if that is a true statement; with Commissioner Ellis responding affirmatively. General Hollis inquired if Commissioner Ellis is saying the appropriate group should have been under Land Development; with Commissioner Ellis responding that is his feeling. General Hollis noted the budget does not do that; with Commissioner Ellis advising he understands that.

Chairman Higgs advised General Hollis? time has expired. General Hollis requested additional time. Commissioner Cook requested General Hollis be allowed to finish.

General Hollis stated site development has been split off from Natural Resources; 3.5 of the 15 hits were on environmental people, which is more than 20%; and something is wrong. He stated Code Enforcement has been a highly politicized department; that has resulted in two expensive federal court lawsuits; the first was Martin v. Brevard County at an estimated taxpayer cost of over $1 million. He noted the case was under the auspices of the current County Manager; there was a $500,000 settlement with Mr. Martin; and there were over twenty depositions with Boca Raton attorneys and County Attorneys at an estimated cost of $300,000 of taxpayers? money. He stated this type of management cannot go on. He stated in the case of Benn v. Brevard County, there is more than meets the eye; it needs to be investigated; there was a violation of a federal Statute; and he requested a transcript of that hearing and will be reading it in the near future. He stated the County is a member of the F.A.C.T. self insurance group; in Martin v. Brevard, the County applied for and received insurance; and inquired in Benn v. Brevard County, did the County apply. He stated his inquiry reveals the County did not apply; the County is paying premiums with taxpayers? money; if the County did not apply, it is not insured; and there are $40,000 in attorneys? fees, $6,000 in damages, and the County?s expenses. General Hollis stated he is very concerned about this, as is every taxpayer. He stated the Board does not control the School Board, but the average citizen does not know that; and the average citizen is getting a total image from government that something is wrong and being mismanaged. He stated the situation with the money that was lost is unforgivable; the Board can make bad decisions, but when it starts making them in the million dollar range, that is too much; and BIPPA requests the Board restore the positions to the Code Enforcement Department so good management can be restored and institute an investigation into the F.A.C.T. insurance group coverage to see if the County is covered. He requested the investigation be done by someone who does not report to the County Manager. He stated as a taxpayer, he thinks there has been gross mismanagement by the Executive Branch of the County; there has been violation of law; changes were made without a resolution of the Board; and if the Board does not like the law, it can change the law, but until the law is change, it should be enforced.

Commissioner Cook inquired about the F.A.C.T. insurance; with County Attorney Scott Knox responding there is no coverage for sexual harassment under the County?s policy; and General Hollis is welcome to look at the policy if he wants. General Hollis stated he does not think that is correct. Mr. Knox stated it is specifically excluded. General Hollis stated the question is why that case would not be covered and the previous case was; with Mr. Knox responding that was a 1983 action. General Hollis stated BIPPA is asking this be inquired into. Commissioner Cook stated that can be checked out. Chairman Higgs requested Mr. Knox send each Commissioner a copy of the policy; with Mr. Knox responding he will be glad to. Commissioner Cook requested Mr. Knox confer with General Hollis on this issue.

Cynthia Brubaker, 120 Ocean Terrace, Indialantic, stated she is present to talk about funding for cultural grants; she is an active volunteer in the arts community; and she enjoys and participates in the arts. She stated when she and her husband moved to the County from the Washington, D.C. area thirty years ago with two small children, they were interested in good schools, a clean environment, quality life, and a strong base in the cultural arts; and at that time the only thing that was lacking was a strong cultural arts program; but over the years, the arts have begun to flourish. She stated there are symphony orchestras, bands, museums, art galleries, dance companies, theaters, festivals, and even top rated national productions at the King Center. She stated she has also been active in working with the arts; she was privileged last year to be on the grants panel; it was a challenge; she saw some of the limitations in funding; and it was a struggle for those on the panel to divvy up the $100,000. She stated arts are a vital part of a thriving community, just like roads, parks and recreation, schools, and libraries; and a strong arts base is a major draw to potential new residents, to tourists who come to the County, as well as to residents who have been here a while. She stated it is also good business; it enhances the quality of life for everyone; and urged the Board to continue the funding for the cultural grants at least at the level of last year. She stated that was not enough; but cutting the budget will not only hurt the cultural groups that everyone values, but will make it nearly impossible for new groups to get started. She requested the Board think about the future of the County and be visionaries, to help the County continue to be a leader in the services it offers its citizens.

Sue Carlson, 3422 Kent Drive, Melbourne, stated she is present to show her support for the EELS Program; she thought she could hold the Board accountable for last budget hearing?s vote which was to preserve the current millage on the EELS program; but obviously she could not because she understands it may come up for additional conversation tonight. She stated she is against lowering the millage of the Program which is .25 mill; that was the rate that 61% of the voters approved in 1990; and the rate costs each property owner and average of $11.43. She explained how the average amount was reached. She stated for 95 cents per month, the people have tremendous buying power; part of the deal was that for every dollar, the County spent, it got back a dollar from the State; in other words, for every acre of endangered land purchased through the EELS Program the County got an additional acre. She stated by reducing the millage, the Board reduces the County?s buying power and investment return; and if the Board reduces the millage by the amount considered last time, it is only 25 cents per month. She stated what the County stands to lose equates to much more; and looking at the big picture, the Board is saving the people nothing. She stated she cannot make a better investment in anything in today?s market that will bring her a better return because her small contribution reaps a much higher return when combined with the rest of the County?s investors; the people voted on the referendum for the EELS Program as it stands; and this right should not be taken away from the people. She stated the County needs to invest today for the future, and it is up to the Board to insure it does. Commissioner Cook noted the average taxable value of a home is $50,200, which is different than the figure Ms. Carlson used.

James French, 55 Sea Park Boulevard, Satellite Beach, stated everyone claims to speak on behalf of the taxpayers; but the taxpayer is the silent voice that is not mentioned here. He stated the message of the 1994 election is largely there is a lot of government that is not needed; the Board is taking some steps to cut back where needed; he heard a radio program about Orange County, California; the voters had turned down a referendum to raise their taxes; and a comment was made the average voter in the County did not notice any difference in the County government even though a tremendous reduction had been made in County services. He stated at all levels of government there is tremendous amount of less than essential services that are being provided for good cause, but are not necessarily required by the citizens in general. He encouraged the Board to vote for reductions as much and as often as it can.

Wendell Newton, 857 Croton Road, Rockledge, expressed agreement with Mr. French?s statement. He stated a lot of people have addressed the Board tonight wanting money to improve education; but they are in the wrong building; and the School Board is in the other building. He stated the Board is for the infrastructure; $11 extra out of pocket to finance some of the arts and holding back on the land is taking money to support someone else?s entertainment; and he finds other things he enjoys more than the arts. He stated every time money is paid for the wetland properties, even if it is two for one, there is less property on the tax roll, which means that taxpayers who have homes will have to pay more in the future.

Kelvie Tuttle, 475 Ursa Avenue, Merritt Island, stated she has been a singer in the Brevard Chorale; and submitted petitions from members of the Chorale. She stated the arts are integral to everyone?s education, the poor as well as the rich. She stated it is vital to general learning for there to be arts in schools and in the community; and read aloud the text of the petitions supporting the cultural grants, and urging restoration of the $100,000 budget item for the FY 1995-96 cultural grants.

Priscilla Griffith, 6414 South Drive, Melbourne Village, President of Partners for a Sustainable Future, stated the organization is a growing consensus building coalition comprised of eleven large organizations and a number of individuals; and they all pay taxes. She stated the League of Women Voters of the Space Coast is one member of the organization; and requested the Board retain the Natural Resources Department, give it adequate funding, and appoint a qualified director. She advised the Partners support the full EELS millage.

Commissioner Scarborough stated when the Board goes to discussion, it would be good to dispense with the items that have been brought to its attention by members of the public.

Supervisor of Elections Fred Galey presented voting equipment; and stated voters occasionally make mistakes in voting; they try to vote a blank ballot; but the equipment does not accept a blank ballot. He stated occasionally voters will overvote, voting for two candidates in a race; the equipment will reject and advise there is an overvote; and the voter can then correct his vote and not lose it. He stated if it is voted correctly, the equipment will accept it even if it is put in forward, backward, and upside down. He stated the ballots are counted as they go into the ballot box; the only one who touches the ballot between the time it is given to the voter and the time he votes is the voter; and it eliminates all the accusations about changing ballots, losing ballots, etc. He stated the ballots do not have to be transported into the central counting site to count them; they are counted as they are dropped into the ballot box; in Barefoot Bay, which is the largest precinct, the write-in votes have to be sorted to find the write-in votes; but with the new equipment, the write-in votes are sorted into a separate bin inside the ballot box, where they can be verified. He displayed an absentee ballot; and stated if the absentee ballot is folded, bent, or mutilated, it will not be counted with the current system; but with the new system, it would be counted. He advised the machine keeps a count on the front of the number of voters who drop ballots in during the day so at any time he can advise what the turnout is; and when he finishes the day, he can unlock the machine, print a cash register receipt, and leave the results at the poll hanging on the wall. He stated sometimes it is an hour and a half before he gets the ballots to the Government Center to start counting them; in the General Election of 1996, he will count 1.4 million cards which is more than Dade County or Broward County counts because Brevard County bought the multi-card system several years ago; and as the County continues to grow, it is overwhelmed by the numbers. He stated the new equipment takes one ballot in place of all five; people will be more likely to vote both the front and back; it is marked with a mark sense pen just like lottery tickets; it prevents accidental overvoting; and it reduces the cost. He stated the cost of operating his office will reduce at least $80,000 a year because the ballots will cost less; he will save $39,000 a year on rental equipment; and right now he needs to buy an additional 300 punches because he is required by law to have one for every 125 people registered to vote. He stated he will be able to use his current booths by putting a flat panel in them; he will be able to sell the punches and the card readers which the County owns; and he will avoid the other rental costs. He stated the equipment is $850,000 if the County wishes to buy it up front or $200,000 a year with a trade-in over a five year period; and if he saves $80,000, the cost to the voters is approximately $120,000 a year. He stated the money he will save will fund the arts and other things; for the first ten years, the County will have to pay for his system; and for the next ten years, he will earn $80,000 a year in saved cost.

Commissioner Ellis inquired if the system will be able to handle all the elections in September and November or will the County end up with the Orange County problem where the city elections had to be moved to a different date because they would not fit on the ballot. Mr. Galey explained the difference from the Orange County ballot; and stated it will handle all the questions. He stated he is having the 1992 ballot printed up; it was five or six cards; it did not fit into the secrecy holder; and explained how the secrecy holder for the new equipment would work. He stated he will not have the problem with absentees or hanging chads, and will have less mailing cost because one card weighs less than five cards. He noted he will have 35,000 absentee voters in the 1996 election; and the equipment will handle it. He stated it will be used for the Suntree Homeowners Election on March 11, 1996; and on March 12, 1996 they get to vote on the old system to see how that works. He stated the Orange County system was used in the City of Rockledge, and they loved it; the new equipment was used to do the Lions Club election in Cocoa Beach, and they loved it; and Monroe County, which used to be last because it is two hundred miles long, was first in the State with results last time using the new system. He summarized how the system works; and advised Monroe County finished counting in one hour and ten minutes.

Commissioner Cook stated the other system prints out the tape as you vote; with Mr. Galey responding the Orange County system has a tape that prints out all during the day, but when a ballot is rejected, it only prints ballot rejected and the reason why; and the other system maintains it internally and does not print until the end of the day. Mr. Galey advised there are no results available from either system until after the polls are closed; the votes are counted as they are dropped in at the precinct and maintained internally; and the poll workers love it because they do not have to sort the ballots.

Chairman Higgs inquired if the Board seriously entertains proceeding with this, how does Mr. Galey suggest it be done. Mr. Galey stated he would suggest going forward with an RFP; there are only two companies certified in the State; and a selection committee would consider all the alternatives. He suggested the selection could consist of mayors of a couple of cities, a local activist, the Chairman of the Citizens Budget Committee which recommended the purchase, a County Commissioner, and a local judge; he would be glad to oversee it; but he should stay out of it because it is a decision the citizens should make. He stated he wants to save the taxpayers $80,000 a year; and he wants to prevent accidental overvotes or having someone drop in a blank ballot. He noted once a blank ballot is dropped in with the current system, they cannot be given another ballot because they have voted; but the new system would not accept the blank ballot. He stated there are a lot of older citizens; he gets confused himself sometimes; and he wants to prevent that. He stated to satisfy the image of the County, he wants to finish fast and have results from the precincts for those pollsters who like to use certain precincts to make predictions; he cannot currently provide that information; and explained the difference in the systems.

Commissioner Scarborough stated last time the Board felt since it was going to add a couple of million dollars to reserves, there would be sufficient funds to handle this equipment.

Motion by Commissioner Scarborough, to authorize going out for RFP for new voting system and forming a selection committee, and bring back recommendations to the Board for review and approval.

Commissioner Scarborough stated he would like to get it out so Mr. Galey will have the new system by the Presidential preference election; and it would be nice to introduce it when voting is light before getting into the fall when it is more hectic. Commissioner Ellis stated that does make sense. Mr. Galey stated he cannot do it in time for the city elections because the ballots are already being printed, but can try to have it for the Presidential primaries. Commissioner Cook stated he does not have a problem looking at it; but until the RFPs come and in and the citizens? group comes in, he does not know. Commissioner Scarborough stated it is necessary to proceed now; the Board will have the money in reserve if it follows its prior budget philosophy; and it can take the money out of Contingency to get it started and give Mr. Galey the go-ahead. Mr. Galey stated he may have extra cash forward to help. Chairman Higgs stated any RFP should include financial arrangements so the bidders would be considering that as part of the deal; and the Committee would look at the cost of the system as well as any kind of financial arrangements the bidders might make. Commissioner Cook stated there is another system that is in the process of being certified by the State; and Mr. Galey might want to check into that. Mr. Galey stated there are other systems being looked at all the time; there is a completely electronic system which is expensive but does not have a ballot which can be hand counted; and he will have to look into it; but it takes approximately eighteen months to get anything certified, so unless it has already been submitted, and he has no knowledge of that, then it has not chance of being ready in time. Commissioner Cook stated if a system is close to being certified, that is easily checked out. Mr. Galey stated he will check that. Commissioner Cook stated if the Board does an RFP, the issue of ballot security needs to be considered. Mr. Galey advised all the systems provide for ballot security; it is necessary to write security procedures; and Brevard County was the first in the State to have approved security procedures under the new rules. Commissioner O'Brien stated any time the County can buy equipment that will start paying for itself within ten years, and will actually save $80,000 a year, that is good.

Commissioner O'Brien seconded the motion. He stated the Board has not had this kind of presentation before; this will save money while providing service for the citizens; and people want quality service.

Commissioner Cook reiterated he has no problem going forward with an RFP, but Mr. Galey could go forward with that on his own. Mr. Galey stated he needs the Board?s authorization; the Board is the only one that can buy the system; he has the paperwork prepared, and will present it to get on the agenda; and he will tell the two companies he needs an RFP. Commissioner Cook stated Mr. Galey could do an RFP and submit it to the Board; with Mr. Galey acknowledging he could. Commissioner Cook stated he is not making a commitment because he does not know what the Board will see or where it will go. Mr. Galey stated he will be glad to provide more information.

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

Chairman Higgs stated the items that have been presented are the arts issue, Natural Resources, and the Rockledge Courthouse; and people were speaking on the non-profits, but there was no specific request. County Manager Tom Jenkins stated he would like to address an issue.

Mr. Jenkins stated it is unfortunate that it is necessary for a budget hearing to degenerate into a personal attack because of differing points of view on various policy issues; the proposed budget was intended to respond to the direction received from the majority of the Board; the tentative budget has been reviewed and passed on two prior occasions; and it has been scrutinized through five budget workshops. He stated the issue that was raised is erroneous; the budget itself is adopted by resolution; and the changes will not go into effect until the budget is adopted by resolution. He stated any organizational resolution would not be submitted to the Board until after the changes have been approved by the Board, after this evening?s public hearing. He stated there has been some reference to fifteen positions being cut in Code Enforcement; that is erroneous; two positions were removed from Code Enforcement, and one of the individuals was reassigned to Land Development; two and one-half positions were eliminated from the Land Development Department which does landscape enforcing, and the senior staff person was being reassigned to the Natural Resources Office; and the duties of the positions being eliminated being picked up by another existing unit of County government was an effort to eliminate positions and have someone else assume additional responsibilities. He advised there was no elimination of any responsibilities, tasks or functions; and the same level of service would be provided. He stated that concept is something that has been proposed over several years by several different staff people; and it was simply an effort on the part of the staff to reduce costs. He stated in the Natural Resources budget, two of the staff people were reassigned to the Surface Water Improvement Program which has been funding those two positions for the last several years; two positions were eliminated from the budget in Natural Resources; and one position was added from Land Development to the Natural Resources budget. He noted several references have been made regarding litigation; the Martin v. Brevard County was a matter where the insurance carrier chose to settle the case rather than litigate it; and there was never any acknowledgment on the part of the County of any wrongdoing, nor was it ever found guilty of any wrongdoing. He stated in the case of Benn v. Brevard County, the County was charged with the costs of the complainant?s attorneys; and the settlement was a modest amount which is reflective of the consequences of the matter. He stated it does not mean the County agrees with the outcome; however, it was a matter of taking a practical economic solution. He stated there is no way for the County to prevent or stop someone from filing suit against the County; society is becoming more litigious; and the County must bear those costs.

Chairman Higgs stated on the classification of administrative functions which General Hollis brought up, the Charter says no department or office shall be substantially altered or created except by resolution of the Board; she was ready to accept the changes regarding the Landscape Ordinance to see if that would work; and she applauds the County Manager?s efforts to try to economize and give people new ways of working. She inquired in terms of the Charter, if people were moved from Land Development to Natural Resources, is that altering an office. Mr. Jenkins stated whether it is substantial or not is another debate; but the point is that the Board must approve it by resolution; those changes are reflected in the budget; when the Board adopts the budget by resolution, which the Board will do tonight, it will be approving those changes; and those changes will not be in effect until the Board adopts the Resolution approving the budget. Chairman Higgs stated those people are still on the payroll and working. Mr. Jenkins stated it would be ridiculous for him to bring an organizational change to the Board by resolution prior to it adopting the budget; and it has always been done this way. He noted the requirement has been in the Administrative Code for ten years; and the resolution would be brought to the Board after the Board adopts the budget; but as a technical point, the budget is adopted by resolution in compliance with the requirement.

Mr. Knox stated the provision which General Hollis handed out is an Ordinance which pre-dated the Charter; and it is probably inconsistent with the Charter, so he would look carefully at it before deciding it has any bearing on reorganization. Chairman Higgs inquired if the information is not from the Charter, but from the County Code; with Mr. Knox responding that is correct.

Motion by Commissioner O'Brien, to direct that the issue be brought up on the next agenda, and review the Ordinance to see if it is in compliance with the Charter.

Commissioner Cook requested the County Attorney report back at the next meeting.

Commissioner Scarborough stated the Board is talking about going from $100,000 down to $50,000 and the possibility of going back up to $100,000 for the arts; it is always difficult when one child wants to play basketball, someone wants to have a boat launch facility, and someone else wants to have an arts program; but the Board needs to look at what is the greater good for Brevard County. He stated the greater good for the County involves what the County is in comparison to other counties. He stated sometimes when talking about government, it is talked about as analyzing where we are rather than in a dynamic sense; and the truth is every place in Florida is changing, and Brevard County is changing along with it. He stated as people make decisions where to come, they have certain things they may look at; and all of the elements go together. He stated in doing the analysis the Board should look at the amount of revenue stream it must divert to bring in the activity as opposed to the potential return that can be had as a community. He stated he may not be interested in having something for his own enjoyment in the County, but if it makes the County stronger, he will benefit in other ways. He noted a lot of people have the option to go to other counties; all growth is not the same; some things come to the community and add incremental revenues above what they charge in operating costs; and if it is possible to capture that, it moves the County forward to be able to have a higher quality of life at a lower cost to the taxpayer. He stated the only way to obtain long term savings to the taxpayer is the dynamic development of those elements that help but at the same time keep government efficient and cut out wastefulness and other things that drag down the economy. He stated if the Board is talking about the difference between $50,000 and $100,000, it is a doubling of the funding, and the cost to the average property is going from sixteen cents per year to thirty-three cents per year, so the cost is minimal while the impact to the program is double.

Motion by Commissioner Scarborough, to re-fund the arts at $100,000. Motion died for lack of a second.

Commissioner Ellis stated earlier the Board set aside $350,000 for economic development and $250,000 for the EDC; and if the Board is going to look at the arts as a form of economic development, the $350,000 is the proper source for the $50,000. Commissioner Scarborough stated that is not appropriate; the $350,000 came from the occupational licenses; the Board talked about economic development as on ongoing activity of bringing people to the community; and when he talks about betterment of the community, it is everything from the libraries, to the way the roads are maintained, and all of the elements as a whole. He stated parks take up a tiny portion of the budget, but to some extent, it is a part of a greater community which has to be developed. Commissioner Cook stated he does not concur with the motion, but does concur with Commissioner Scarborough?s comments; it would be inappropriate to use the money which has been set aside for economic development for that purpose; it is not a very big amount; but the dollars and cents do add up. He stated the County has a large budget; 40% of the average wage earners income goes to taxes at the federal, state and local level; and that is why people are having a hard time meeting their everyday responsibilities. He stated as a former teacher, he knows the value of art and appreciates it; but it may be more appropriate for it to be a School Board matter; and that is why he will support the $50,000 funding, but cannot go above that. Commissioner Ellis stated in the budget hearings, whenever he has asked for more or less for something, he has tried to take it from other areas rather than the General Fund; for the arts, it is either an economic development function or a recreational function and should come from the parks budget; and those are the two sources that should be looked at. He stated if the Board is going to increase A, it needs to decrease B an equal amount and set a priority; and if the arts are going to be a priority for recreation, then the money needs to come from the Parks budget; or if it is economic development to entice people to come, it should come from the Economic Development budget.

Commissioner Scarborough stated the Board started off talking about a 5% reduction in budget; one thing is being reduced by 50%; $50,000 is so minimal it is not significant; but there are people in Port St. John who voted themselves an additional $40 in taxes so they could put parks in, so they must want parks. He stated he has not gotten one negative comment; and everyone wants to see some parks. He stated if the Board is going to go in this direction, it should go to the ballot and let people decide where the budget should be cut; the Board is making decisions about what to cut, and that may be part of the big plan; however, if a program is no longer funding and working, there is no plan. Commissioner Ellis stated the Parks budget right now is over $11 million. Commissioner Scarborough stated if Commissioner Ellis wants to take it from parks and move it to the arts, that is an option. Commissioner Ellis stated it forces the Board to make priority decisions on where it wants to spend the money; and the decision is whether to put $50,000 into parks or into the arts. Commissioner Cook stated it goes beyond that; it goes to whether this is something the Board feels is appropriate; and it is all taxpayer money. He advised there is a point to be made of how much the activities are funded if the Board is going to keep control of the budget and focus its resources; and there is a big question if it is not more of a School Board function. Commissioner Ellis stated it is more of a recreational function; he does not mean to belittle the arts; but while it may be a more enriching form of recreation, it is still recreation. Commissioner Cook stated the group has the option next year to come back in the Recreation budget; and he will be happy to look at it in that context; but it is not appropriate to just pick another Department to take the money from. Commissioner Ellis stated it should come from the Parks and Recreation budget or the Economic Development budget every year. Chairman Higgs inquired if the $250,000 the Board set aside last year for McDonnell Douglas has been pushed into Cash Forward for this year; with Mr. Jenkins responding yes. Chairman Higgs inquired if it is a line item anywhere; with Mr. Jenkins responding no.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to move $50,000 from the Parks and Recreation budget to fund the arts.

Commissioner Cook stated the action is totally inappropriate; and inquired what impact will that have on the Parks and Recreation budget. He stated the Board does not know the impact; and he will not have any part in playing monopoly with taxpayer money.

Commissioner Scarborough stated the Parks and Recreation budget is immense; and inquired what is total the Parks and Recreation budget including fees and MSTU?s, and what percentage is $50,000. He stated $50,000 from Parks and Recreation is almost a non-noticeable item, but $50,000 from the arts is a 50% reduction. Ms. Wall advised the Parks and Recreation operating budget for FY 1995-96 is $16,484,159.

Commissioner O'Brien stated he cannot support the motion; the Parks and Recreation budget is already more than $1 million short of being able to maintain the facilities which are already bought and paid for; and $50,000 is a lot of money for sports and things like that. He stated the County cannot maintain its own baseball fields; there are roofs falling off buildings; and the County is as deplorable as the School Board if it starts cutting the Parks and Recreation budget at all. He stated he cannot support taking any money from Parks and Recreation at this time; and it is not the Board?s fault that people wanted more parks, and the Board built beautiful parks; but now that it has the parks, they must be maintained, which is a County responsibility. He stated when it comes to arts, he agrees with Commissioner Cook that it is a School Board thing; and the School Board should increase the funding for arts in the schools. He stated fifth and sixth graders do not even have art classes; that is not the Commission?s fault; and the people are coming to the Commission because it has an open wallet; but it is time for the arts people to go to the School Board. He stated it is the School Board?s imperative responsibility to educate the young in the arts; and it is not the Commission?s responsibility to fund those things because it is education.

Chairman Higgs stated there is a saying that it takes a community to raise children; and this is part of the community effort to raise the children in a positive way. She stated she agrees it is a recreational activity; and as other recreational activities are appropriate for the Board to contribute to, this also is appropriate. She stated she is not ready to go to $100,000, but would agree to an additional $25,000.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to amend the previous motion to move $25,000 from the Parks and Recreation budget to fund the arts.

Chairman Higgs stated the Board will have to go back at mid-year and look at the roofs and things that are needed. Commissioner Scarborough stated that is a separate issue; Commissioner O'Brien is right; but $25,000 or $50,000 is not what is going to make the parks work; and it would take $1 million.

Commissioner O'Brien stated Commissioner Scarborough is right; but in looking over the entire budget, line item by line item, it adds up. He stated the budget has been cut by millions of dollars by cutting line item by line item; money is like a sieve; and you have to fix all the holes to keep the money from falling through. He stated he has nothing against the art; he was a teacher; and he understands what is going on. He stated drugs, pre-teen pregnancies, and drop out rates all deal with children in the schools; a speaker stated musicians help the children to get rid of drugs; but it was the drug culture that was forefronted by brilliant musicians such as John Lennon; and that is the opposite of the argument. He stated schools should have art programs in them and be funding the arts, including Brevard Community College, the University of Florida, University of Central Florida, Florida State, and University of Miami. He stated the Board put its money up, and now the School Board should put its money up.

Commissioner Cook stated it would be easy to fund an extra $50,000; it is not his money; it is the taxpayers? money; and half of the people who spoke tonight he knows, likes, and considers friends. He stated it would be easy to give them the money, but it would not be responsible. He stated the Board might as well take the money from the Solid Waste Department as from Parks and Recreation, if it is just looking for some place to take the money from. He stated this is a School Board responsibility; he was elected to start prioritizing the County?s responsibilities; and the Board has to do that. He stated people say it is only 33 cents, or $16, but it all adds up to approximately $500 million; and that is $500 million of taxpayer money which does make a difference. He reiterated he cannot support the motion.

Commissioner Scarborough suggested funding of $75,000. He stated the budget is huge; and the Board is talking about $25,000. Commissioner O'Brien stated if the Board will increase Parks and Recreation by $1,050,000, he will support the motion. Chairman Higgs stated she cannot support taking the money from Parks and Recreation because there are $500,000 in unmet needs in terms of roof structures that are going to be causing additional problems. Commissioner Scarborough stated at the current level, there are a couple of million dollars in Reserves; and inquired if it is really relevant to move $25,000 additional into Parks and Recreation from Reserves, and take the $25,000 out for the arts. Commissioner Ellis stated for three years he has asked the Board to prioritize what it spends; and if the Board increases in one area, it needs to decrease in another area and set priorities. Chairman Higgs stated this budget brings the Board closer to where she and Commissioner Ellis have tried to get over the years than it has before; but the issues in regard to some of the buildings cannot be ignored; and she has strong support for the Parks and Recreation budget and for the programs that are there. Commissioner Ellis stated Parks and Recreation takes $11 million in General Fund money.

Commissioner Cook called the question.

Commissioner Ellis and Commissioner Scarborough withdrew the motion and second.

Commissioner Scarborough stated there is no support for the motion; and the Board needs to move on to another motion. Chairman Higgs stated there are two people who will not support the funding; and inquired if the other three Commissioners can reach consensus. Commissioner Scarborough stated Chairman Higgs does not want to talk about taking $25,000 from Parks and Recreation because it is not recreation. Chairman Higgs stated there are needs that have not been met in the Parks and Recreation budget that will cost more money in the long term; and her concern is taking the money. Commissioner Scarborough stated Commissioner O'Brien will be bringing up a request for additional funding for Parks and Recreation; and inquired if they should be addressed one at a time or should Commissioner O'Brien address the additional funding for Parks and Recreation and then come back to funding for the arts. Commissioner Ellis stated there is no additional funding for Parks and Recreation until the Board votes on the General Fund millage; and if the millage is not set at 4.28 mills, there is no $1 million to put into Parks and Recreation. Chairman Higgs stated if the motion was to take $25,000 from Parks and Recreation, she could support that; but the reality is the Board may talk about those other needs in a minute and allow extra funding. Commissioner Ellis stated he will not support that because it will require a tax increase.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to add an additional $25,000 from Parks and Recreation to the arts funding, for a total of $75,000.

Commissioner Cook stated he could not let the statement go by that communities raise children; parents raise children; and the philosophy that communities raise children is part of the problem the community has now. He stated he cannot see this; if it came back next year as part of the Parks and Recreation budget and was programmed, he could look at it; but he cannot see restoring funds at the last budget meeting on the last night. He inquired if the Board is going to do this all night, restoring funds and handing out patronage.

Commissioner Ellis stated it is not patronage; the people are all voting against him anyway; and that does not bother him. He stated he looks at it as a recreational function; and when he said that a year or two ago, he was beaten to pieces. He stated the Board pays for a lot of adult recreational programs.

Chairman Higgs called for a vote on the motion to take $25,000 from Parks and Recreation budget and move it to the cultural grants program. Motion carried and ordered. Commissioners Scarborough, Higgs and Ellis voted aye; Commissioners O'Brien and Cook voted nay.

Chairman Higgs stated there were two issues raised regarding Natural Resources; one was the Natural Resources Director; and the other was the landscape issue. Commissioner Ellis stated the only issue he saw was filling the Natural Resources Director position; the landscaping issue is an organizational question; and he had no intention to bring organizational questions up tonight.

Commissioner Cook stated it is within the purview of the County Manager; there is an Assistant County Manager overseeing the Department now; and the Department seems to be functioning. He stated the County Manager works with those people every day; the Board?s role is to set policy; and this is a personnel decision. He stated if at some later date, the County Manager wishes to fill this position, he can come back to the Board and advise it needs to be filled; and someone stated it is just window dressing to have someone in the position shuffling papers. He reiterated it is under the County Manager; and he has enough confidence that if the County Manager has a problem in the Department, and it is not working correctly, he could come back anytime.

Commissioner O'Brien stated he agrees; the County Manager makes the managerial decisions; and the Board has to give him all the room in the world to make those decisions. He stated if the Board starts micro-managing, it leaves its venue of policy and becomes the managers; and that is not the Board?s job. He stated Mr. Jenkins has done the right thing; there is a good team in the Department; it works very well together; Mr. Peffer is the perfect leader for that kind of team; and it is not necessary to have a boss on site. He stated maybe in six months Mr. Jenkins will come back to the Board and advise it did not work; and someone will have to be hired for that Department; but on the other hand, it may work very well, and he will not have to come back. He stated the Board has to give Mr. Jenkins that flexibility; otherwise the Board is trying to do Mr. Jenkins? job for him.

Commissioner Scarborough stated funding Department heads is a budget function which is within the purview of the Board. He noted the County Attorney indicated what the Board was given was an Ordinance, and not the Charter; and inquired what is the Board?s role under the Charter. Mr. Knox responded the Ordinance is consistent with the Charter in the sense that the Board is authorized to abolish, create and modify departments, but not necessarily the positions within the department. He advised as far as directors go, the Board does have the authority to approve appointments Mr. Jenkins makes. Commissioner Scarborough inquired about not maintaining a directorship. Mr. Knox stated if the department is there, it is within Mr. Jenkins? purview to decide how he wants to operate the department. Commissioner Scarborough inquired if Mr. Jenkins has to put someone in the position; with Mr. Knox responding no.

Mr. Jenkins stated there is no funded position in the budget for the Natural Resources Director at this time.

Commissioner Ellis stated there are some areas where he agrees, and some he does not; he agrees with the question of micro-management because any time there are three votes on the Board and it is a scheduled Agenda item for Board direction, that is the direction the Manager should take; however as far as positions go, the Board votes on the budget, and if the Board chooses not to fund the position, then the position is deleted, regardless of the Manager?s organizational setup. He stated the Board has the prerogative of what to fund and what not to fund in the budget. Commissioner Cook stated Commissioner Ellis is technically correct; but this is a specific position within a department; and that would be going far beyond the Commissioners? duties, even if it is not out of the realm of the Charter. He stated since this is a specific position, it would not be proper for him to designate whether someone fills the position; and that has to be the purview of the County Manager. Commissioner Ellis stated the Board would not decide who fills the position; but the Board does decide what positions it is going to fund. Commissioner Cook stated he could see it if Mr. Jenkins said he needed five positions for a certain department or wanted to rearrange a department; but he cannot see it on an individual position basis because that gets down to micro-managing. Commissioner O'Brien stated the Board is always open to appoint the Director of Natural Resources; there could be a promotion from within; and the funding would not be extraordinary to take that job on. He stated if Mr. Peffer can run the Department now as well as his other duties, he is certain the Code Compliance Section Supervisor could qualify to become the Director and still manage the Compliance programs. Commissioner O'Brien stated Mr. Jenkins should be allowed to perform his experiment; he has the room to promote anyone from inside into that Director?s position if he desires; and it would not put an undue burden on the present budget. Commissioner Cook stated if this was a Road and Bridge position, the Board would not even be having this discussion; there is some feeling this is specifically aimed at Natural Resources; but he does not believe that. He stated if the County Manager needs someone in that position, he will recruit someone; but it is not something that should be decided at the Board level.

Commissioner Ellis stated it is at the Board level; and if someone wants that position filled, he or she needs to make a motion to fund the position and designate a source of funding. Commissioner O'Brien stated if someone is already on the payroll, it is not funding a new position. Commissioner Ellis stated the Board is beating a dead horse; and if someone wants to put in a Director of Natural Resources, he or she needs to make a motion to fund the position and identify where that money is to come from. Commissioner O'Brien stated if Mr. Jenkins decides to do that in six months, he can ask for a Budget Amendment. Commissioner Ellis stated if someone on the Board wants to do that, he or she needs to make a motion because otherwise the Board is just arguing philosophy. Commissioner Cook stated there is always Parks and Recreation; with Commissioner Ellis advising the Department of Natural Resources should go to Parks and Recreation.

Mr. Jenkins stated over the past year, he has proposed to the Board, and the Board approved elimination of the Building Director, the Code Enforcement Director, Natural Resources Management Director, Zoning Director, Engineering Director, and Fire/Rescue Operations Director, so a number of positions have been eliminated in an effort to save taxpayers? money.

Commissioner Scarborough stated by adopting the budget, the Board is saying it does not want a Natural Resources Management Director hired because it has not funded it. Mr. Jenkins stated the position is not being funded; but he does have the ability to reclassify an existing position; so that flexibility is there. He stated Mr. Peffer has been doing the job for the past several months; another option is making Mr. Peffer full-time in that position; and he is attempting to try it this way as an effort to save money, but he has the ability to reassign people within.

Motion by Commissioner Scarborough, to direct the County Manager to report to the Board in two weeks on how successful it is having Mr. Peffer operate the Office of Natural Resources Management. Mr. Jenkins suggested allowing 90 days into the fiscal year. Chairman Higgs stated that would be in December, 1995; and she would also like an assessment on how the new way of conducting the landscape inspections is working.

Commissioner Scarborough stated the Commissioners all want to cut the overall size of government; one of the things to be cut is people at the top; and having less people fixing the potholes, cutting the grass and cleaning the ditches is not the way to save money. He stated the Board does not want to see this result in an ineffectiveness in government because the Board is not doing its job. Chairman Higgs agreed; and stated the Board is ready to see if it is works, and would like a report in December. Commissioner O'Brien stated he cannot support the motion; the Board is asking Mr. Jenkins to prepare a report; but Mr. Jenkins? job is to make sure everything is working; and if it is working he will leave it alone. He stated if the Board gets a report advising it is working, but two months later Mr. Jenkins comes back and advises it is not working, the Board would hold Mr. Jenkins?s feet to the fire; and that is not right. He stated Mr. Jenkins is paid a salary to perform a task; and if the task is not being performed, the Board will know it soon. He stated the Board keeps trying to hold Mr. Jenkins? feet to the fire for no good reason except to satisfy a whim; and that is not fair to Mr. Jenkins. Commissioner Scarborough stated some changes have been made; and his question was whether the changes were being made to reduce the size of the cumbersome government to a leaner government that is more cost effective. He stated the question is whether the changes will have an adverse effect on some operations; a number of people who have attended meetings have asked that question; and a report from the Commissioner Manager is appropriate. He stated if something is raised, the Board needs to respond to it; and the best way is to get that information. Commissioner O'Brien stated if the roads were getting full of potholes, Mr. Jenkins had let the Road and Bridges Director go, and the Board was getting a lot of complaints, that would be Mr. Jenkins? fault. He stated if Mr. Jenkins took corrective action on his own, and then advised the Board it was not working, he would still be doing his job; but the Board cannot keep putting a rope around his neck and choking him so he cannot get his job done. Commissioner Cook concurred; and stated it is the County Manager?s job to insure the Office of Natural Resources is performing its function; and if it is not performing, he assumes Mr. Jenkins will take care of the situation or come back to the Board to advise he needs to do something else. He stated if the Board is going to have a professional manager per the Charter, it should not be requiring him to appoint individual personnel; that is not the spirit of the Charter; and it is inappropriate. Chairman Higgs stated the Board has asked the County Manager to respond with some correspondence and reports on almost every topic that any citizen has brought before the Board; and to request a report is not unreasonable or out of line from standard practice over the past six to eight months. Commissioner Cook stated he cannot recall ever asking the County Manager on a particular personnel matter to come back and report directly to the Board. Chairman Higgs advised it is not a personnel matter; it is a function. Commissioner Cook stated Mr. Jenkins is the County Manager; it is his job to make sure the function operates efficiently; and if it is not operating efficiently, then he is responsible. He stated it is not up to the Board, just because this happens to be in Natural Resources, to have knee jerk reaction, have reports generated and question Mr. Jenkins? responsibility, competence and professionalism; it is not appropriate; there are other matters the Board should be concentrating on; and this is not one of them. Commissioner O'Brien stated there is a place and time to make reports, and that is during the County Manager?s report at the beginning of the Agenda; if Mr. Jenkins has a report, he will make it; but he is not in favor of more paperwork. He displayed paperwork that was given to him four hours before he arrived tonight; stated someone expected him to read all of it in three to four hours; and that is insanity. He stated it is a waste of money, time and effort; and it was distributed too late to read it. Mr. Jenkins stated the request was received yesterday; staff tried to respond to the request; another Commissioner requested it; and he did not want to give it to one Commissioner and not to the other four. Chairman Higgs stated she read the material, and appreciated it. Commissioner Ellis stated there were only two to three new pages, and the rest was the Clerk?s budget which the Board has already been through; and as far as the Sheriff?s information, staff cannot be blamed because that was requested two weeks ago. Commissioner O'Brien stated the County Manager can make a report to the Board any time he desires at the meeting under reports; and if the Board wants to structure how he makes the report, that would be fine; but generating more paperwork is craziness.

Chairman Higgs called for a vote on the motion to direct the County Manager to provide a report on the functioning of Natural Resources. Motion did not carry. Commissioners Scarborough and Higgs voted aye; Commissioners O'Brien, Cook, and Ellis voted nay.

The meeting recessed at 9:08 p.m. and reconvened at 9:27 p.m.

Chairman Higgs stated the next item is the issues raised about the Rockledge Clerk?s Office which is being closed.

Commissioner Ellis stated everyone is being told that because the Commission shorted the Clerk $300,000, the Rockledge Clerk?s Office is being shut down; whether the Clerk shuts it down or not is his decision; but there is no cost saving involved because all he is doing is taking the sixteen people on the payroll and sending them to Melbourne and Titusville. He stated there is still cost for personnel; and since the lease goes until May, there is still cost for the lease. He stated his concern is this may cost more because now the equipment has to be moved twice instead of moving it once from Rockledge to Viera; evidently when equipment is moved from Rockledge to Melbourne and Titusville, it is free; but when it is moved to Viera it costs money.

Commissioner O'Brien stated he cannot understand how an operation which has been going on for years has to close because there was not a $300,000 increase in the budget, rather than looking internally at the entire budget. He stated instead of it being easy for the public, it is now hard for the public; and it is the Clerk?s job to make it easy for the public. He stated if something can be operational with ?x? amount of people for so many years, to cut out the ease of the public is vindictive to the Board. He stated it is like cutting the budget by 5% and having the County Manager advise the Board he has to let go 300 fire fighters; and the Clerk has the Board?s attention, but in the wrong way.

Commissioner Ellis stated if the sixteen people are going to move from Rockledge, the Board may need to adjust the Clerk?s budget because the budget is for 152 positions, and 16 people are going to Melbourne or Titusville. Commissioner O'Brien stated the Clerk must not need the positions. Commissioner Cook stated he has the same concerns; and he does not understand the reasoning. He inquired what if the Clerk had asked for $10 million; and stated someone can ask for anything in the budget, but not necessarily get all of it.

Chief Deputy Clerk Jim Giles stated the Commissioners should not believe all they read in the newspaper; there has been a portrayal in Florida TODAY that the Clerk is shutting down the Rockledge Office in retaliation for the Board not giving him everything he wants; but that is not the case. He stated the Clerk has given this a lot of consideration; the Board will be shutting down the Rockledge Office in June, 1996 regardless of what the Clerk does; and the plan is to move to the new Courthouse. Mr. Giles advised the Clerk is faced with a budget squeeze; recording fees have dropped off considerably this year; almost $500,000 less is projected for next year; and the Board looks at direct costs for court clerks, but there is more to that in a Clerk?s Office. He stated recording fees are easy money; there was a lot of refinancing done in the last few years; the amount of effort by employees to bring in that money is not the same as it is in the court area; the court area has picked up considerably this year; and the revenue page of the budget shows that court fees have increased more than anticipated because there is a lot of work there. He stated the advantage in closing the Rockledge Office is there are two cashiers who will no longer be needed; the file room can be consolidated and positions perhaps eliminated; certain data entry functions which are separately done in Rockledge can be put in a pool; and a cost savings has been identified as three employees. He stated it is true that it brings less service to the public, but that is the decision that the Board made previously in deciding to centralize at Viera; the Clerk has to work with the Board; the Board is building a Courthouse at Viera, which implies closing down the Rockledge branch; and this is one way for the Clerk to put the squeeze on his own budget. He stated the Budget Director has pointed out that there has been attrition since the original budget was presented; there has been a hiring freeze in the Clerk?s Office since December, 1994; and the Clerk?s Office is down fifteen employees from what was budgeted. He stated the Clerk cannot be assured that next year the revenue will come in, especially in the recording area; in the first budget, the Clerk suggested that fees would increase approximately 3% next year; that has been increased to 5% to balance it out based on the Board?s transfers to the Clerk?s Office; and the extra money is partly attributable to the decline in the recording fees and increased costs in court activities in what was requested. He stated the Board gave the Clerk approximately $322,000 less than what was requested; the County Manager has offered back another $182,000 from the self-insurance fund where the Clerk had overpaid in previous years; and that was removed by the Board approximately two weeks ago. He stated the Clerk is faced with the situation that there is a certain amount of money coming in, and the Clerk has to live within it; there is consolidation that can be achieved with the closing of the Rockledge Office; and it will be possible to better organize for the move to Viera by pulling those people into the Titusville Office, and mixing them with the existing staff. He stated the basic case load should not decrease; but there is a lot of service done at the counter through cashiers with customers. He stated the Clerk is trying to live within the budget the Board has given and the existing fees.

Commissioner Ellis stated the Rockledge Clerk?s Office is going to be closed; but that was to be done in conjunction with the closing of the Rockledge Courthouse; and the idea was when all the court functions left Rockledge, the Clerk?s Office would come to Viera with them. Mr. Giles advised service will not change as far as the Rockledge Courthouse. Commissioner Ellis stated he finds that difficult to believe; he does not think the newspaper was inaccurate; his sister works at the Rockledge Courthouse, and all she hears is because the Commission cut the $300,000, the Rockledge Office is going to close; and actually all that happened was the Clerk did not get $300,000 more. He stated Mr. Giles said there were fifteen vacant positions and there is a hiring freeze; and inquired if they are all fee positions; with Mr. Giles responding it is a mix. Commissioner Ellis stated if they were budget positions he does not understand why there would be a problem paying them; he understands about the fee positions if there is a shortfall in fees; but if they are budgeted out of General Fund Supplement, he does not see why there would be a problem. He stated he is sure the Rockledge Office has some fee positions and some budget positions. Mr. Giles stated there are also a number of positions that effectively supervise or support both that have to be allocated; the Clerk cannot automatically drop the Supervisor of the Criminal Division because the Circuit or felony side of her duties cannot be funded due to recording fees dropping; the expense is still there; and there are a number of people who were submitted in May 1, 1994 based on the payroll as it stood on March 27, 1994. Commissioner Ellis stated there is a hiring freeze and fifteen vacant positions; and the intent is to fill all those positions starting as of October 1, 1995 because the budget showed 152 positions budgeted for the entire fiscal year. He stated the intent of the budget is to fill those positions; the Board budgeted for all those positions to be filled; and if the Clerk intends to hold those positions vacant, those are additional savings that are accruing to the Clerk. Mr. Giles stated from the case load and the work that has to be performed for judges, it is necessary to have the people there. Commissioner Ellis stated as long as the positions are vacant, that money is budgeted but not spent, and is rolling into Cash Forward. He stated if the Clerk kept fifteen positions vacant for the whole year, at the end of that year, there would be $300,000 or $400,000 budgeted but not spent because he never filled the positions. Mr. Giles stated that would be on the County side. Commissioner Ellis stated it is probably some fee and some budget; the savings on closing the Rockledge Office are minimal; there are three employees; but if there is already a hiring freeze, and all the positions are being held vacant, then the three employee savings is non-existent because the positions are not being filled anyway. He stated the only true savings are in electric, water, custodial, etc. which is $10,000. Mr. Giles stated those are positions the Clerk does need to fill; and by not having to hire from outside to add to the payroll, the existing employees can be used to cover the work that needs to be done. Commissioner Ellis stated the Clerk is not going to fill every vacant position as of October 1, 1995; with Mr. Giles responding every one will not be filled by October 1, 1995. Commissioner Ellis stated savings will accrue until each one is filled. Mr. Giles advised the Clerk probably will not fill all the positions because the Board did not fund all those positions; it funded $300,000 less than that; and the support such as data processing, accounting, etc. are all allocated cost that the Board does not seem to recognize. He stated the Board looks at an employee and says if they go into County Court, they are a County Court person; if a person goes into the Circuit Court, they are a Circuit Court person; but between the two of those there is paperwork that comes back, and it has to be filed, there has to be data entry, there has to be supervision, and there has to be technology; and the Board?s one to one ratio does not work out that way. Commissioner Ellis stated it is not the choice of the Board that the Clerk operate as a fee and budget officer; that is the Clerk?s choice; and the Clerk has the option of coming before the Board to go all budget, but that has not happened in the last three years that he has been on the Board. He stated if the Clerk is going to run as a fee and budget office, when fees go down, he is going to have to take his lumps. Mr. Giles stated the Clerk is taking his lumps; that is why there is a hiring freeze; and that is why this action is being taken. He stated the fees support the infrastructure that covers both. Commissioner Ellis stated the Rockledge Office is closing for a seven to eight month period because of a supposed shortfall in the Clerk?s Office when there is no real savings associated with closing that office; and he wants to know the real reason it is being shut down. Mr. Giles advised there is a real savings associated with the office being shut down; a sheet has been provided in the packet from the Budget Office; but he is aware there is a contention that there is not a savings. Commissioner Ellis stated the entire bulk of savings comes from the salaries for three employees; with Mr. Giles agreeing that is the bulk of it. Commissioner Ellis stated if fifteen positions are being held vacant and frozen, then those salaries are not being paid anyway. Mr. Giles stated those fifteen positions are not budgeted for next year; the fifteen that the Budget Director is pointing out are what was in last year?s budget that the Clerk sought continued funding for; but the Clerk does not have those positions. Commissioner Ellis stated Mr. Giles said there were fifteen positions vacant in the Clerk?s Office; with Mr. Giles responding in comparison to the budget for FY 1994-95. Commissioner Ellis stated of what was budgeted, fifteen of those positions have been held vacant. Commissioner Cook stated there were salaries budgeted for those positions; with Mr. Giles disagreeing. Mr. Giles advised of the fifteen positions, since that was first submitted in March, 1994, there have been reclassifications in Data, Accounting, and Auditing; when Mr. Crawford first came into office in 1993, the only job postings anyone would see would be positions for $4.65 an hour, description Deputy Clerk; and the Clerk has been trying to upgrade the employees. He stated there is a need for knowledgeable workers, not just paper shufflers; and there have been some upgrades which swallows up some of the money for the positions budgeted for this year. Commissioner Ellis stated if the Clerk is hiring better and smarter people, he should need less people. Mr. Giles noted the Board should see less people in the presentation.

Commissioner Cook stated the Board will have to pay the lease for the Rockledge Office, and nobody is going to be there; if there is a savings, it seems to be nominal; and that has to lead one to the conclusion that it is punitive. Mr. Giles stated the identified savings and direct savings, as shown on the sheet, is approximately $93,000 to $94,000; and it does not include the County?s lease, which is an additional $24,000 a year. He noted the Clerk recognizes he is not saving the lease money; and it is not projected as a savings in what was presented; but there are other advantages in consolidating the people and getting better control. He advised a branch office has certain infrastructure that must be maintained; it is almost a fixed cost; it can gradually erode; and there can be certain economies of scale by pulling those employees back to the Titusville Office. He stated the Clerk will still leave approximately twelve employees at the Rockledge Courthouse; there will be court clerks, an injunction clerk, and an assistant injunction court clerk who can cover both areas; and the Court will still be served. He stated the public will not have as good a service because of the lack, but that is scheduled to happen anyway by action of the Board by the Summer of 1996.

Commissioner O'Brien stated there are fifteen less employees. Mr. Giles advised there are fifteen less employees than there were in March of 1994. Commissioner O'Brien stated if the Board assumes that an average pay with benefits, etc. is $20,000 per person, that is $300,000; so the budget was not cut; and the Clerk did not need the funds. Mr. Giles stated another way to look at is that the Clerk has salaries approaching $8 million; a 2% pay increase is $160,000; and when the Clerk is trying to hire people at $4.65 an hour to do work where he does not want errors such as a person falsely arrested or being released from jail improperly, that is where the difference comes. Commissioner O'Brien stated if fees are substantially reduced, the workload is also substantially reduced. Mr. Giles stated where the fees are reduced is in the recording area; that was easy money because there was a lot of refinancing when interest rates went down, and recording refinancings is a fairly routine job; when interest rates went back up, it caused the refinancings to drop off; and that Department has already been cut 15%. Commissioner O'Brien stated he cannot see the savings for the Clerk nor for the public in moving out of the building until the lease has run out, and hopefully the new Courthouse will be ready at that time; but if the Clerk moves now, it is just moving twice instead of once. He noted the move will cost a couple of thousand dollars or more all by itself.

Commissioner Cook stated he understands the previous Board made a decision to consolidate at a Courthouse in Viera; but the numbers do not seem to bear out the cost effectiveness of the premature closing of the Rockledge Office. He stated he does not know where it is coming from at the Courthouse in Rockledge, but somehow it is supposed to be the Board?s fault; the Board did authorize a Courthouse; and at the point it is completed, the Clerk is scheduled to occupy it; but the choice of moving out of Searstown Plaza is strictly a decision of the Clerk of Courts. He stated he does not see where the move is being compelled by the Board. Mr. Giles agreed the early move is the Clerk?s decision.

Commissioner Ellis stated the Board talked about the excess windfall fees; if it was a windfall fee situation, then the intelligent thing to do with the money was put it into capital intensive applications or return it to the Board as excess fees; the Board has gone through this for a couple of years with the insurance money; and it was not put into employees because it was a non-recurring source of funds. He reiterated it is either put into a capital expenditure or a reserve account; and he does not understand why taking a big bump on the recording fees should affect the personnel, because when there were large amounts of recording fees, that should have been put into capital equipment or returned to the Board as excess fees. He stated to put it into personnel is a dangerous thing because it is gambling on keeping those fees every year; if he compares last year?s Clerk?s budget to this year, there is a $170,000 difference in Information Systems alone in salaries, not counting benefits; and that is a lot more than 2%, so positions are being added somewhere. He stated closing the Rockledge Office is punitive because going through the Clerk?s budget item by item, there is a lot of money; and the personnel costs for Information Systems are up significantly.

Chairman Higgs inquired if Commissioner Ellis wishes to make a motion. Commissioner Ellis inquired what kind of motions are available to the Board; with County Attorney Scott Knox advising the Clerk, within the confines of his budget, can pretty well do what he wants to do; the Board provides the facilities; and he can use the facilities or not as he chooses. Mr. Knox stated the outstanding issue that was raised in the memorandum concerning the budget fee officer will be resolved tomorrow; and that is probably where the Board would have to be looking in terms of motions; but where the Clerk goes, what facilities he chooses to use or not use, and how he spends his money is entirely within his purview. Commissioner Cook inquired what would be the balance of the lease the County would be paying for the empty office; with Management Services Director Michael Managan advising $2,033 a month or $20,997 for nine months. Commissioner Cook stated that $20,000 should be the responsibility of the Clerk and not the Board. Mr. Knox inquired if the lease is in the County?s name or the Clerk?s name; with Mr. Managan responding it is in the County?s name. Mr. Knox advised if the landlord comes looking to the County for the $2,000 a month, the Board can look to the Clerk for the reimbursement. Commissioner Cook stated the Board should settle that today; and that may be the appropriate motion. He stated the Clerk needs to pick up the bill on that. Mr. Giles inquired if the County has lost $2,000 a month by the Clerk moving on October 1, 1995; with Commissioner Cook responding someone has to pick up the bill. Mr. Giles inquired if the Clerk stayed there, would someone pick up the bill; and stated the bill is the same either way. Commissioner Cook stated it is one thing if it is providing a public service, and it is another if there is nobody there. Mr. Giles noted the Commissioners were talking about vindictiveness earlier; and that sounds very much like that. Commissioner Cook stated it is not vindictive; there are three Commissioners who do not understand how the Clerk is coming up with the numbers; Mr. Giles is advising the Clerk is going to move, but wants the County to pay taxpayer money for an empty office; and it does not make sense to him. He inquired why is the County paying for an empty office. Mr. Giles noted there were budget work sessions with the Board; the Board made its decision on what its funding was of the Clerk?s Office; the Clerk is an elected official with responsibilities to the Judiciary, to the Board and to the public; and how the Clerk manages his office is his responsibility. He stated this is Mr. Crawford?s decision; and he feels this is the way to help cure the problem. Commissioner Cook stated if the Clerk is not providing the citizens of Rockledge with this service, then he needs to reimburse the County $20,000 because he cannot see why the County is going to pay $20,000 for an empty office. Commissioner O'Brien suggested it could fund the arts. Commissioner Cook agreed the Board could fund something else with that money. Chairman Higgs stated what needs to be recognized is in the process of the closing of that office, the Clerk is estimating a savings of $96,799; there is $20,000 that the Board is talking about; but there is also the $96,000 savings. Commissioner Ellis stated Mr. Giles said the bill is the same, but that is the way he feels about the savings; he is going to delete 3 positions that are currently vacant and on a hiring freeze; and the bill is the same, zero. He stated the positions cost nothing while they are vacant; they cost nothing when he deletes them; and inquired where is the beef. Chairman Higgs inquired if those are vacant positions. Mr. Giles stated the Clerk could keep the positions there and hire the three or more employees that are needed in Titusville; and that is where the beef would be. Commissioner Ellis stated there are sixteen coming out of the Rockledge Office; and inquired if sixteen people are needed in Titusville and Melbourne; with Mr. Giles responding the same amount of court work is filed regardless of where the branch office is. Commissioner Cook stated according to the County Attorney, the Clerk is a separate constitutional officer, and there is no way the Board can compel him to deliver the service in Rockledge; but he would like to make a motion that the $20,000 be charged back against the Clerk because he cannot see paying for an empty office.

Motion by Commissioner Cook, to charge the $2,000 per month rental fee back to the Clerk for the empty Rockledge Office.

Chairman Higgs stated she does not understand the motion, and requested clarification. Commissioner Cook stated someone has to pick up the tab for the lease; and if the Clerk is making the decision to move, which he has the right to do, then the Board should not bear the burden for that move. Chairman Higgs inquired how Commissioner Cook wants to do it. Commissioner Cook stated he does not know the proper way to do it, charge him back or delete it now. Commissioner Scarborough stated the Board would like to keep the Rockledge Office open; and inquired if there is a way to achieve some cost savings with a smaller staff. Mr. Giles stated the Clerk has not identified it with a smaller staff at the Rockledge Office; there is a certain amount of counter work that has to be covered; and it is impractical to shift the data entry; but he can look at it and give the Board a report on it. He noted right now that is not the Clerk?s direction. Commissioner Cook stated he does not mind paying the lease if there is a service being performed, even if it is with a reduced staff; but it is wrong to pay $20,000 of taxpayer money for an empty office; and it does not make sense. Commissioner Ellis stated he cannot support the motion because the County is bound to provide the space. Commissioner Ellis stated it is the Clerk?s decision to close the office; the savings come from three employee positions which are vacant at the current time; and although there is not enough money to keep the Rockledge Office, there is money to move things all over Titusville. He stated things are being moved all over in the modulars in Titusville; and there is money to redo everything in Titusville. Commissioner Cook stated the Board is not obligated to supply the Clerk space if he is not using it; and inquired why is the Board paying the other $20,000 if it is the Clerk?s decision. Commissioner Ellis responded because the County has itself stuck in the lease. Commissioner Cook inquired if the County can charge the Clerk back. Commissioner Ellis stated since the Board is constitutionally bound to provide space, he does not know how that would be done. Commissioner Cook stated he would like to look at that; if the decision is in concrete that the Clerk?s Rockledge Office is going to close, it is going to close; but if the Office could be operated at some level, as long as the County has to pay the lease, it would be good. Mr. Giles advised there is carpeting in the modular buildings that ladies are likely to trip on; it is approximately ten years old and threadbare; the furniture is probably twenty years old; the six-story building in Titusville has brand new Steelcase furniture and nice carpeting; and he realizes the Board is trying to watch out for the Clerk?s Office, and he will see what can be done. Commissioner Ellis inquired if Mr. Giles is saying none of the people or equipment in the modulars are being moved and the only things being moved are for the carpet; with Mr. Giles responding the Board is not watching out for the courts or the Clerk?s Office in the way it has been handling itself. Commissioner Cook stated he completely resents that.

Commissioner O'Brien stated in the future if the County has to provide facilities for the Clerk or anyone else, the Board should have a policy that they have to sign the lease with the County or sign their own lease. Mr. Giles stated the Clerk has to move out of the building in Rockledge in June because the Board has made that decision; but if the Clerk had a lease, he would not be forced into that position.

Commissioner Cook advised constitutionally, the Board has to provide the office space; and what the Clerk is saying is the County is supplying the space, it had a lease for a certain amount of time at this particular location, but the Clerk has decided not to stay there any more. He noted the numbers do not make sense; it is fine if the Clerk does not want to stay there any more; and suggested reducing the Clerk?s budget by $20,000 to cover the cost.

Commissioner Ellis requested an opinion from the County Attorney. County Manager Tom Jenkins advised in the General Fund, the Board funds the Clerk in three areas; the Finance Department, Internal Audit, and the Clerk to the Board; in addition, the Board funds court costs, which are court clerks for County Court and all the pass through expenses that are associated with County court transactions; but the bulk of the office is fee driven. Mr. Giles stated the Board budgets for the Clerk?s Office with a transfer and a fixed dollar amount from the General Fund. Commissioner Cook stated the Board could reduce the General Fund Supplement by $20,000 to take care of the remainder of the lease.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to reduce the General Fund Supplement to the Clerk by $20,000.

Commissioner Scarborough stated he cannot support the motion; there was less refinancing of mortgages resulting in less money flowing in; that caused the problem; the Board has decided not to supplement the budget. He stated earlier the Board talked about micromanaging government;and the Board is beginning to get into the functions of a constitutional officer. He reiterated he cannot support the motion.

Commissioner Ellis stated it was the Clerk?s choice how to spend the $500,000 in recording fees; and it was a poor choice if it was spent on personnel rather than capital or returning it to the Board. He stated the Board is not supplementing the Clerk with any less from the General Fund. Commissioner Scarborough stated he understands that; but the Clerk has less revenue this year; the Clerk has different sources of funds; the Board has different sources of funds; and it begins to blend so every dollar cannot be tracked. He stated the Board is holding the Clerk to a degree of accountability which it is not holding itself to. Commissioner Cook stated the motion is reasonable; the Clerk has the right to move out; but that does not mean the Board has to pay for it.

Chairman Higgs stated the Clerk has indicated a savings of $94,000 to $96,000; in order to realize that the Clerk has to move out; and while she does not like paying for empty spaces, the Clerk is realizing a savings. She stated the Clerk has seen a loss of revenue and has adjusted operations in order to make up for the loss of revenue; he has not come back to the Board to ask for a supplement to his existing budget; and she will not support the motion.

Commissioner Ellis stated he does not know how anyone can save money by deleting positions that are being held vacant during a hiring freeze.

Chairman Higgs called for a vote on the motion. Motion carried and ordered. Commissioners O'Brien, Cook, and Ellis voted aye; Commissioners Scarborough and Higgs voted nay.

Commissioner O'Brien stated the Board discussed earlier having sufficient funding for the parks for proper maintenance; he is concerned about the condition of the parks; he does not want to look like the School Board, having the facilities falling apart board by board and nail by nail, and having children playing on fields that are crummy; and the Board?s goal is to give the public the best quality. He stated the people are asking for quality; he has thousands of children complaining about the conditions of the fields; he has gotten letters from various committees and he would like to take $1,025,000 from reserves and move that into parks.

Motion by Commissioner O'Brien, to move $1,025,000 from the General Fund to Parks and Recreation, specifically and only for the maintenance of facilities.

Commissioner O'Brien stated it is not for administration; it is to repair baseball fields, fix the roofs, fix the parking lots, etc. He stated the County has already made a $175 million investment into good parks; but they are looking bad.

Commissioner Cook stated Commissioner O'Brien makes a good point; if the budget goes forward the way the Board is talking, there will be adequate reserves to look at something like that; and he talked to Mr. Nelson about getting a specific list of the needs so they can be addressed. He noted the Board will have the reserves. Commissioner O'Brien stated he saw a thick list of needs. Commissioner Cook suggested it needs to come back to the Board. Commissioner O'Brien stated that is $1 million in District 2 alone. Commissioner Ellis noted the motion does not have much of a chance. Commissioner O'Brien stated it can be split five ways; next year, the Board can put another $1,025,000 up; and if the Board does that for a couple of years, it can keep the facilities up the way they belong. Commissioner O'Brien stated that is how serious it is; in District 2, $1,000,000 is needed; they want $65,000 for 88 bathrooms, which he is not going for; and the money is there. He noted he made the motion, and is trying to get a second to shift $1,025,000 from the General Fund to Parks and Recreation specifically for maintenance; and it is for parks Countywide, not just District 2.

Commissioner Scarborough stated he agrees with Commissioner O'Brien; in the past he has requested additional money to supplement parks; and he has a Parks and Recreation District which brings in over $900,000, and still everything is falling apart. He stated his desire is to proceed through the budgetary process, putting money into reserves to take care of the problems after the first of the year, when the Board knows where the revenues area. He stated Commissioner Higgs has some road concerns; Commissioner Cook will want to move money forward for tax decreases next year; and there will be an opportunity for the Board to talk about all the issues. Commissioner Scarborough stated the best way to get a tax decrease next year is to move cash forward into the tax decrease because that is money the County already has; but if the Board makes a mistake with the revenue, it can hurt itself; and next year, it will be necessary to cut the park budgets and raise taxes. He stated if the Board has patience, he can support all this; in the past the Board has come out about $2 million to the good; and if things work out as well as they have in the past, there will be an extra $4 million the Board can discuss spending in January or February, 1996. He stated if there is bad news with a $2 million shortfall, then there will be no glitch in the overall operation; and the Board will have a lot better handle on the situation by waiting on the parks. Commissioner Scarborough requested Commissioner O'Brien defer that decision for a few months.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to move $25,000 out of General Fund to Parks and Recreation.

Commissioner O'Brien stated the School Board should be supporting the cultural programs more than the County; and people come to pick the Board?s pocket because it is so easy. Commissioner Ellis stated so much for setting budget priorities; the poor parks are taking $11 million General Fund Supplement; and inquired where is the extra money going to go. He noted 60% of the population gets 40% of the General Fund park money. Commissioner O'Brien stated the Board just got $20,000 savings from the Clerk of the Court which will go into the General Fund, so there is no loss, no gain.

Chairman Higgs called for the vote on the motion. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

PUBLIC HEARING, RE; FY 1995-96 MILLAGE LEVY RESOLUTION

Chairman Higgs called for the public hearing to consider the FY 1995-96 Millage Levy Resolution.

Senior Budget Analyst Neil Boynton read aloud a Resolution to adopt final millages for FY 1995-96. He advised the tentative millages specified in Exhibit A are as follows: General Revenue Countywide, 4.2812 mills; Library District, .07531 mill; and Mosquito Control District, .02352 mill. Commissioner Scarborough suggested the millages be voted on one at a time. Chairman Higgs stated the Board has to vote on them individually; with County Attorney Scott Knox advising the Board does not have to vote on them individually, unless the Board desires to change a millage. Commissioner Scarborough inquired if any Commissioner desires to change a millage. Commissioner Ellis stated he does not want to vote on the General Revenue millage as presented, but will vote yes on the other millages; and inquired if that can be done without having to do a one by one vote. Chairman Higgs suggested taking the General Revenue as a separate item and then going through the rest. Mr. Knox stated the law requires the millage rates the Board is going to approve be read along with the increase or decrease over the rollback rate. Commissioner Scarborough stated there has not been any Board discussion on the individual millages; if a Commissioner wishes to change a millage, what Mr. Boynton is reading is incorrect; and that means the whole resolution may have to be read again. Mr. Knox advised if that is the case, the Board may want to talk about the changes first. Commissioner Cook inquired if Commissioner Ellis? objection to the General Revenue is the fact that he wanted to go to a 5% decrease; with Commissioner Ellis responding yes, to 4.18 mills. Commissioner Cook noted he and Commissioner Ellis were outvoted last hearing. Commissioner Ellis stated he does not see the point in going through the arguments again, but his vote is still the same.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final approval of General Fund Millage of 4.2812 mills. Motion carried and ordered. Commissioners Scarborough, O'Brien, and Higgs voted aye; Commissioners Cook and Ellis voted nay.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final approval of the Library District Millage at .7531 mill. Motion carried and ordered unanimously.

Chairman Higgs inquired if any Commissioner wishes to discuss a millage at this time. Commissioner Cook inquired if the decreases that were made at the last budget hearing in District 4 MSTU are reflected currently; with Budget Director Kathy Wall responding that is correct.

Mr. Boynton continued reading the millages as follows: Fire Control MSTU, 1.5944 mills; Recreation District 1 MSTU, 0.4573 mill; Recreation District 4 Operations and Maintenance Fund, 0.5879 mill Titusville-Cocoa Airport Authority, 0.0350 mill; Countywide Law Enforcement MSTU, 0.8992 mill; Road and Bridge District 1 MSTU, 0.7840 mill; Road and Bridge District 2 MSTU, 0.4478 mill; Road and Bridge District 3 MSTU, 0.6617 mill; Road and Bridge District 4 MSTU, 0.5035 mill; Road and Bridge District 5 MSTU, 0.7500 mill; Road and Bridge District 4 Beaches MSTU, 0.6011 mill; Road and Bridge District 4 South Merritt Island MSTU, 0.2500 mill; Environmentally Endangered Lands Program, 0.2500 mill, Beach and Riverfront Acquisition Program, 0.2349 mill, Port St. John.

PUBLIC HEARING, RE: FY 1995-96 MILLAGE LEVY RESOLUTION

Canaveral Groves Recreational Facilities MSTU, 0.9000 mill; and Aggregate Millage, 6.7481 mills, which is a 1.27% decrease from the aggregate rolled back millage.

Chairman Higgs noted a spelling error on the list.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution adopting final millages for Fiscal Year 1995-96. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: FY 1995-96 BUDGET RESOLUTION

Chairman Higgs called for the public hearing to consider a resolution adopting the final FY 1995-96 budget.

Budget Analyst Julia Prokic read aloud a resolution to adopt a final budget for FY 1995-96 of $463,922,636.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution adopting the final FY 1995-96 budget of $463,922,636. Motion carried and ordered unanimously.

County Manager Tom Jenkins announced the County is now in compliance with the Charter.

PUBLIC HEARING, RE: FY 1995-96 SPECIAL DISTRICTS? MILLAGES RESOLUTIONS

Chairman Higgs called for the public hearing to consider the millages of the dependent Special Districts; and inquired if there are any amendments.

Senior Budget Analyst Neil Boynton read aloud resolution adopting final millage for the Brevard County Free Public Library District at 0.7531 mill, which is a 4.78% decrease from the rolled back millage.

There being no comments or objections, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution adopting final millage for the Brevard County Free Public Library District for FY 1995-96 at 0.7531 mill. Motion carried and ordered unanimously.

Budget Analyst Julia Prokic read aloud resolution adopting final millage for the Mosquito Control District at 0.2352 mill, which is a 4.78% decrease from the rolled back millage.

There being no comments or objections, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution adopting final millage for the Mosquito Control District for FY 1995-96 at 0.2352 mill. Motion carried and ordered unanimously.

Management Services Director Michael Managan read aloud resolution adopting final millage for the Special Recreation District IV Operations and Maintenance for FY 1995-96 at 0.5879 mill, which is a 1.67% decrease from the rolled back millage.

There being no comments or objections, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution adopting final millage for the Special Recreation District IV Operations and Maintenance for FY 1995-96 at 0.5879 mill. Motion carried and ordered unanimously.

Budget Analyst Julia Prokic read aloud resolution adopting final millage for the Titusville-Cocoa Airport Authority for FY 1995-96 at 0.0350 mill, which is a 46.15% decrease from the rolled back rate. There being no comments or objections, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution adopting final millage for the Titusville-Cocoa Airport Authority for FY 1995-96 at 0.0350 mill. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: FY 1995-96 SPECIAL DISTRICTS? BUDGETS RESOLUTIONS

Chairman Higgs called for the public hearing to consider budgets of the dependent Special Districts for FY 1995-96.

Budget Analyst Shai Francis read aloud resolution adopting final budget for the Free Public Library District for FY 1995-96 at $13,563,865.

Discussion ensued on whether it is permissible to vote on all resolutions in one motion; with consensus reached to vote on each resolution individually. Commissioner Ellis indicated he is not happy with the Library budget.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution adopting the final budget of the Free Public Library District for FY 1995-96 at $13,563,865.

Commissioner Cook inquired if it reflects a decrease; with Ms. Wall responding yes.

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

Ms. Francis read aloud the resolution adopting final budget for the Mosquito Control District for FY 1995-96 at $5,254,973.

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution adopting final budget for the Mosquito Control District for FY 1995-96 at $5,254,973. Motion carried and ordered unanimously.

Ms. Francis read aloud the resolution adopting final budget for the Recreation Special District IV Operation and Maintenance for FY 1995-96 at $2,893,169.

There being no comments or objections, motion was made by Commissioner Cook, seconded by Commissioner Ellis, to adopt Resolution adopting final budget for the Recreation Special District IV Operation and Maintenance for FY 1995-96 at $2,893,169. Motion carried and ordered unanimously.

Ms. Francis read aloud the resolution adopting final budget for the Titusville-Cocoa Airport Authority for FY 1995-96 at $1,002,352.

There being no comments or objections, motion was made by Commissioner O'Brien, seconded by Commissioner Ellis, to adopt Resolution adopting final budget for the Titusville-Cocoa Airport Authority for FY 1995-96 at $1,002,352. Motion carried and ordered unanimously.

Ms. Francis read aloud the resolution adopting final budget for the Merritt Island Redevelopment Agency for FY 1995-96 at $376,883.

There being no comments or objections, motion was made by Commissioner O'Brien, seconded by Commissioner Ellis, to adopt Resolution adopting final budget for the Merritt Island Redevelopment Agency for FY 1995-96 at $376,883. Motion carried and ordered unanimously.

AUTHORIZATION TO EXECUTE, RE: TRIM COMPLIANCE FORMS

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to authorize the Budget Director to execute Department of Revenue Forms DR-487, Certificate of Compliance with Sections 22.065 and 218.63, Florida Statutes; Forms DR-420, Certificate of Taxable Value; and Forms DR-422, Certificate of Final Taxable Value, and assemble all components of the TRIM Compliance Package and transmit to the Department of Revenue. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ADOPTING 1994-95 SUPPLEMENTAL BUDGET

Chairman Higgs called for the public hearing to consider a resolution adopting the 1994-95 Supplemental Budget.

There being no objections or comments heard, motion was made by Commissioner O'Brien, seconded by Commissioner Ellis, to adopt Resolution approving FY 1994-95 Supplemental Budget. Motion carried and ordered unanimously. (S

DISCUSSION, RE: EDC FUNDING

Commissioner Scarborough stated the Board increased the occupational license fees to bring in $353,000; $250,000 was applied to the EDC; and that leaves a balance of $103,000 which he assumes has not been allocated. He inquired how is that being carried in the budget. County Manager Tom Jenkins stated it will show up in an Economic Development account as an unallocated reserve; and the Board will have to allocate it in some way. Commissioner Scarborough stated he got a call from a member of the Titusville City Council questioning the usage of this; it came from occupational license fees inside and outside the cities; Melbourne is apparently concerned about the same thing; and the Board needs to be sensitive to the cities? concerns that it be something used inside and outside the cities for their economic development as well. Mr. Jenkins stated the Economic Development Program is Countywide.

Commissioner O'Brien stated there is some money left over; the other options have never been explored; that funding may be able to be put into another viable economic development option; and to reassure the cities, the economic development should be for the entire area, and not just one parochial area. Commissioner Ellis stated the cities take their cut out of the occupational licenses that are issued in the city; he did not want to issue dual licenses; and it bothers him that the cities would come back with this when they did not complain about getting their General Revenue cut. Commissioner Scarborough stated the money was originally allocated for economic development; it will be carried forward for economic development; and everything the County spends will be spent on Countywide development. Commissioner Cook stated next year he wants to look at the funding mechanism because he has concerns; someone has mentioned about documents being in the public libraries; and inquired if Ms. Wall has looked into that. Ms. Wall advised they are distributed to all public libraries. Commissioner Ellis stated the Board went to $32 on occupational licenses instead of $18; and inquired if the $14 does not appear as an economic development surcharge; with Ms. Wall advising it does not. Commissioner Ellis stated the cities take their cut off the $14 just like the $18; and even though it may be set up in the line item, if the County wants to take the extra $100,000 and put it into roads in the unincorporated area, that is its prerogative. Commissioner Scarborough stated he does not think it is worth the fight. Mr. Jenkins stated the Board used the new revised formula which reduced the amount going to the cities; they still get some of it; but it is not as much as under the old formula.

DISCUSSION, RE: COUNTY FEES

Commissioner Cook stated some businesses are being assessed $15 for toxic waste, so in addition to the new rate there is the extra $15. Mr. Jenkins stated the County is mandated to inspect those businesses. Commissioner Cook stated the County can assess up to $15, and it is assessing $15.

Commissioner O'Brien stated when people apply for a building permit, they have to pay a $15 radon fee. Mr. Jenkins advised the County is mandated to do that. Commissioner O'Brien stated there is no radon in the County; the County is on top of sand; and it is a ripoff to charge $15 for a radon fee when there is no radon.

EXPRESSION OF APPRECIATION

Mr. Jenkins expressed appreciation to the Budget Office which has worked nights, weekends and holidays to complete the budget. Chairman Higgs stated the Board appreciates the Budget Office?s work.

Upon motion and vote, the meeting adjourned at 10:47 P.M.

ATTEST:

SANDY CRAWFORD, CLERK

( S E A L )

NANCY N. HIGGS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA