May 29, 2003

The Board of County Commissioners of Brevard County, Florida, met in special session on May 29, 2003, at 9:00 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Vice Chairperson Nancy Higgs, Commissioners Truman Scarborough, Ron Pritchard, and Susan Carlson, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Chairperson Jackie Colon.

RESOLUTION, RE: COMMENDING SYLVIA COYLE

Commissioner Carlson read aloud a Resolution commending Sylvia Coyle for 37 years of service with the Brevard County Tax Collector.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution recognizing and commending Sylvia Coyle for 37 years of meritorious service, expressing its appreciation for her dedication, and extending best wishes for good health and happiness during her retirement. Motion carried and ordered unanimously.

Tax Collector Ron Northcutt advised it has been an honor to work with Sylvia for many years. He stated her expertise is recognized Statewide, and he appreciates the opportunity to be here.

PUBLIC HEARING, RE: PLANNING & ZONING BOARD RECOMMENDATIONS OF
MARCH 10, 2003, ST. PATRICK’S PUD AMENDMENT

Vice Chairperson Higgs called for the public hearing to consider the Planning & Zoning Board’s recommendation of March 10, 2003 as follows:

Item 1. (Z0303402) The Viera Company and Loren and Fawn Von Riesen, Co-Trustees’ requests a Small Scale Plan Amendment, and a change of classification from GU, AU, EU, RU-1-7, and PUD to all PUD, with an amendment to the PDP on 210.40 acres located on the south side of Viera Boulevard, approximately 600 feet west of Holiday Springs Road, which was recommended for approval by the Planning & Zoning Board.

Ed Fleis advised with him is Attorney Pat Healey, Clayton Bennett, and Brian Toland in case there are any questions. He stated since the meeting of May 22, 2003 they have addressed the issues that came up at that time; and he appreciates the efforts of staff and Vice Chairperson Higgs. He stated they have made changes to the amended Preliminary Development Plan, and have also provided a Binding Development Plan.

He stated he had a recent meeting with the Board of the Indian River Colony Club; they asked which amendment it was; and he explained to them he is still working on the first amendment. He stated relative to the amended Preliminary Development Plan, they have deleted any language that requires the efforts of a third party, such as if they said someone is going to maintain property. He stated the language that was added addresses concerns on environmental issues and says “owner/developer shall not commence any physical alteration of the subject property until all State, local, and federal regulations have been met and permits or approvals issued for impacts to wildlife and wetlands. All permit conditions and applicable regulations of all governmental entities pertaining to protected species or other wildlife shall be complied with by the owner/developer and incorporated by reference herein as conditions of approval imposed by the Brevard County Commission. Brevard County shall be provided copies of State, local, and federal permits in all approvals prior to the County’s issuance of construction permits or land clearing permits.” Mr. Fleis advised other than deletions, that is the language that was added; and it was reflected in the report revised as of May 28, 2003. He stated the Binding Development Plan was prepared to have a recorded agreement on what the owner/developer basically agrees to do; and he can go through each item as he does not know if the Board had a chance to look at them. He advised there was problems with e-mail yesterday. He inquired if he should go through them one by one or go through the last three that were added yesterday afternoon; with Commissioner Carlson responding it would be appropriate to go through the changes. She stated the changes start in number two under A, so Mr. Fleis can start with number two. She advised she has a few questions regarding potential minor changes in numbers three, five, and ten; and requested Mr. Fleis touch on those for the record.

Mr. Fleis stated number two says they shall provide a 25-foot wide vegetated buffer and separate Tract LB1 adjacent to the Indian River Colony Club (IRCC) property along the developed lots of Patriot Drive. He advised A states “Developer/owner shall construct a six-foot high masonry wall with top elevation of 37 NGDV within the buffer tract, 10 feet east of the west property line. The wall will be similarly designed to the existing IRCC wall located along Murrell Road. Developer/owner has, by separate written agreement attached hereto as Exhibit A, agreed to provide an easement in favor of IRCC over the west 10 feet for maintenance which shall be recorded.’ He stated the last sentence was revised to incorporate the language they had in the agreement signed with Indian River Colony Club.

Commissioner Carlson stated six, seven, and eight were added in the Binding Development Plan to make sure everyone understands what is happening. Assistant County Attorney Eden Bentley advised eight is additional, and not normal permitting procedures. Commissioner Carlson stated number eight states, “developer/owner will save trees where practical in the area of the construction of the stormwater containment berm located near the IRCC boundary. Developer/owner shall preserve mature trees in the forced wetland.” She inquired if the actual location can be put in there; and stated it is the southwest portion of the property. She stated she wants to add the language in terms of location, such as “containment berm located in the southwest portion of the IRCC boundary.” Ms. Bentley advised ‘where practical’ language can be a little difficult for enforcement purposes. Mr. Fleis stated they have not done the tree survey yet; it is an area that is going to be preserved; they have to build a berm to contain the 100-year storm event; and rather than just bulldoze a straight line through the area, they are planning, to the greatest extent possible, work around the trees. He advised where the words “where practical” came in was to save as many trees as possible as they are building that berm. Commissioner Scarborough advised it should say “preserve as many trees as possible”, as “where practical” may be practical for the developer cost-wise. Mr. Fleis stated he has not problem with the choice of language. Vice Chairperson Higgs advised the language will read “the owner/developer will save trees to the maximum extent possible.”

Commissioner Carlson stated number three says “the developer/owner shall impose limits in Pod A to restrict the houses on the west tier on the lots adjacent to the IRCC buffer LB1 to one story in height.” She stated ten says there will be single-family detached homes in Pod A; and she wants to add the same language in both places. Mr. Fleis advised he has no problem with that. Commissioner Carlson stated number three says, “so shall impose limits to Pod A”; and the Board needs to use the same language in Pod J because it is the same scenario. She advised item ten should read “shall impose limits to Pod J” to provide specific conditions for Pod A as for Pod J in terms of the house height and single-family detached. She stated to make sure that condition is imposed it should be in number ten and number three. She stated otherwise everyone has worked very diligently on the Binding Development Plan; and it references the agreement that the IRCC has in place. Ms. Bentley advised the Binding Development Agreement references it for informational purposes in 2-A and four.

James Sargeant stated he lives in the Springs of Suntree and has two main concerns regarding this development. He stated the development will be in his back yard; and IRCC is getting a wall dividing them from the development, but his subdivision is not. He stated there is no access from their subdivision to his subdivision for children crossing back and forth, which means they will be coming through residents yards. He stated there is no common walkway through there; they have nothing set up; and families in both subdivisions will take the path of least resistance to get to their friends’ houses. He stated his second concern is there is currently a gate on Holiday Springs Road; and in the last meeting with the developer, they were asked if there was going to be an entrance or an exit through the subdivision. He advised the developer said at that time no, but it may have to be looked at in the future; Holiday Springs Road cannot handle the additional traffic; and requested the entrance be put from Viera Boulevard and not on to Holiday Springs.

Zoning Official Rick Enos stated as far as the entrance road, the only access is to the North onto Viera Boulevard. He advised this is the first time they have heard about a request for a wall in the buffer on the east side; and Permitting and Enforcement Director Ed Washburn may want to comment on that. Mr. Fleis advised it was discussed at length at the February 3, 2003 meeting when the Board originally approved the PUD; the east side is considerably different than the west side; and on the Holiday Springs side of the boundary there is an existing 30-foot natural buffer of scrub oak, pine trees, and vegetation. He stated what they have on the plan is an additional 25 feet of natural buffer; it is unusual that between single-family residential homes to actually have a 55-foot buffer; so there is no reason for a wall. He stated it was pointed out that Holiday Springs is not provided security in a form of a security gate for their entrance such as Indian River Colony Club; and the question came up, but they saw no reason for a wall. Vice Chairperson Higgs inquired if there is connectivity between the two subdivisions; with Mr. Fleis responding no. Mr. Fleis stated he has no problem trying to do something with a bicycle path or walkway between the two developments, but he does not know of any opening they have between their lots that will facilitate a path. Vice Chairperson Higgs inquired if there will be anything that will preclude that from potentially being worked out between the two subdivisions at a later date; with Mr. Fleis responding no. Commissioner Carlson stated the idea of the wall has not surfaced recently; she is for working with the community to try to connect the two subdivisions; but she does not see it from the Holiday Springs side. She stated if they have access it must be two ways to make the connection. Vice Chairperson Higgs advised it can be worked on.

Commissioner Carlson inquired if Fish and Wildlife requires the developer to not build or do anything to the property during gopher tortoise reproductive season; with Consultant Brian Toland responding there is no seasonal restrictions by Fish and Wildlife Conservation Commission with regard to development, but there is a suite of strategies that are acceptable for how to go about conserving or mitigating for impacts to tortoises. He stated in this case the goal is to attempt to conserve and protect in perpetuity all or most of the tortoise population on site. He stated if they are going to impact tortoises at any time of the year, whether it is their breeding season or outside of the breeding season, they have to go through an incidental take permit process with the Fish and Wildlife Conservation Commission.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve rezoning of St. Patrick PUD from GU, AU, EU, RU-1-7 and PUD to all PUD, with a binding development plan that attaches the Indian River Colony Club Agreement. Motion carried and ordered unanimously.

Ed Fleis stated the second item is the land development waivers; they are listed on the amended Preliminary Development Plan; and he has one correction to make. He stated when he filed for the waivers, he did not point out the waiver of the reduction in right-of-way for the single-family attached homes on the north parcel; and the way it has been written is also for the single-family attached homes. He stated there is no change in the front setbacks for single-family attached homes with the right-of-way, it is 25 feet from back of curb; and for consistency in the preparation of the plat, they request the reduction in right-of-way be approved for both the single-family homes and the single-family attached homes. He advised the other waivers are to reduce the width of the roadway from 26 feet to 24 feet for all the roads except for the main entrance road; and to reduce the front setback for the single-family homes from 50 feet from the center line of the road to 45 feet. Permitting and Enforcement Director Ed Washburn advised Mr. Fleis has done this same type of thing in the portion to the south. Commissioner Carlson inquired if Mr. Washburn has a problem with the right-of-way for both the single-family and single-family attached homes; with Mr. Washburn responding no, as there will be a 40-foot right-of-way and 5-foot easements on either side.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to waive the 15-foot perimeter landscape buffer, reduce width of streets from 26 to 24 feet within all development pods, and reduce width of right-of-way from 50 feet to 40 feet within all single-family pods with the remainder of the 50 feet made up of 5-foot easements on each side of the right-of-way. Motion carried and ordered unanimously.

Vice Chairperson Higgs advised regarding the Binding Development Plan, she had a conversation with Mr. Fleis and Mr. Harrison last week; the items were in the Binding Development Agreement; and it was revealed at that time.

AWARD OF PROPOSAL #P-1-03-21, RE: HEALTH INSURANCE FOR FY 2004

Human Resources Director Frank Abbate stated the Insurance Committee has gone through a process, and would like to see the Board accept the recommendation to change the current Brevard Partnership Plans and have the HMO and the PPO switched to Signa’s HMO and PPO; and as a result of that change, they anticipate a savings of $900,000 in projected costs as part of the increase they face next year in the group health insurance program. He requested permission to go out for an RFP for pharmacy services as part of the current program, and believes there is a potential savings in the area of approximately another $800,000. He stated if the Board accepts the changes, he believes the end result will be a total increase to the program next year of $2,600,000 instead of $4,200,000, so he is looking for the Board’s approval for the items.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the selection of health plans for the 2004 Health Plan Year as recommended by the Employee Benefits Insurance Advisory Committee; authorize Human Resources Office and the Employee Benefits Committee to negotiate all agreements necessary to place the coverage in effect January 1, 2004; authorize the Chairperson to execute the agreements; and authorize the Human Resources Office to publish a request for proposals in a joint effort with the School Board to obtain proposals for pharmacy benefits effective January 1, 2004.

Commissioner Pritchard stated the cooperation between Brevard County and the School Board to achieve this type of savings is important; and he appreciates all that was done on behalf of both entities. He advised it is saving a considerable amount of money for the taxpayers.

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

DISCUSSION, RE: U.S. DEPARTMENT OF JUSTICE, COPS, UNIVERSAL HIRING
PROGRAM GRANT ACCEPTANCE AND AUTHORIZATION

Sheriff Philip Williams stated since the last Board of County Commissioners meeting, they were asked to answer questions regarding the impact on the budget of the COPS Universal Hiring Program, and to look at alternatives for revenue. He stated the Brevard County Budget Office along with Finance Director Deborah Barker came up with options for the Board to consider. He stated there was a question regarding deputy/citizen ratio. Vice Chairperson Higgs advised the Board has a memorandum with those answers, but Sheriff Williams can go through it for the public to hear. Assistant County Manager Stockton Whitten stated the Board asked the Budget Office to come back with the cost impact for 12 deputies as opposed to 24 deputies; the Sheriff’s proposal is to convert the one-time capital funding of $642,000 for the match; the match is $668,000; and the impact to the MSTU is approximately 0.850 mill, or increase of 0.37 mill to the current rate. He advised the conversion of that one-time capital can be handled under the Sheriff’s current millage rate scenario; and that is the option before the Board today. Sheriff Williams advised they will have to come up with $25,000 the initial year to hire the deputies when the grant takes effect.

Sheriff Finance Director Deborah Barker advised the original proposal for the 24 deputies has been asked to be pared down for consideration by the Board to 12 deputies; and the cost for the 12 deputies will be $1,252,000 for the next fiscal year. She stated the amount of grant revenue brought in to off set the costs is $594,000; the Sheriff can take from the current operational capital existing budget to apply towards that cost, but an additional $25,000 in new tax dollars will be needed to hire 12 deputies for unincorporated Brevard County next year.

Vice Chairperson Higgs inquired what would the Sheriff not be getting on the capital side; with Sheriff Williams responding vehicles. Ms. Barker stated if they hire the 12 deputies, they will be fully-equipped; and the reason the cost has gone down so much is because the Board wants to hire 12 deputies instead of 24. Vice Chairperson Higgs inquired would they would not have for next year; with Ms. Barker responding cars, equipment, operations, and the capital for the 20 COPS deputies the Sheriff received this year. She stated if the base is kept current those same dollars can be applied towards next year; the items were purchased, but they are in the base budget; so if the base budget is allowed to remain the same going into next year, they will have the dollars to go towards the cost of the deputies. Sheriff Williams advised the cars will be purchased, but those deputies are with the Department for 18-24 months before they are issued their own car to take home. He stated the cars will be purchased, but will roll back into the already existing COPS deputies.

County Manager Tom Jenkins advised in order to add the deputies this year, they had to budget the capital costs in their base budget. He stated the Sheriff wants to take the capital dollars they used this year, and get them again next year, and use them for the match. Vice Chairperson Higgs stated the capital costs were for the new deputies. Sheriff Williams stated it does not address the out-years, which Commissioner Pritchard was concerned about; the following year they have to come up with the match; as the federal government contribution decreases, local government contribution increases; and historically over the past 15 years, Brevard County has added deputies every year.

Commissioner Scarborough advised if the sales tax referendum passes, it can help with purchasing cars as they are capital items; and inquired if that was factored in; with Mr. Jenkins responding not in this particular case. Mr. Jenkins advised the Sheriff is taking the capital dollars from the current year and using them for the local match for next year. He stated they are anticipating with the sales tax referendum to include capital equipment for law enforcement, which is an eligible expenditure, but it does not affect this situation. Commissioner Scarborough stated he wants all of the items on the table at once. He stated Ms. Barker advised him the Sheriff’s office does not have all the positions filled at this time. Mr. Jenkins stated the Sheriff will use those dollars for salaries and fringe benefits. Commissioner Scarborough stated they will not pay until they have people on board; and there are several time lines and funding factors he does not believe have been fully incorporated. Ms. Barker stated they are asking permission from the Board to apply and accept grant funding, which has a June 10, 2003 deadline; it was included in their budget; and those are items that will be discussed again in July 2003. Commissioner Scarborough advised his problem is they are looking backward instead of forward with cash flow. Ms. Barker advised the deputies will be hired in the next fiscal year, so the dollars will come in next fiscal year. Sheriff Williams stated he sees Commissioner Scarborough’s point; and they will be using existing dollars forward. Commissioner Scarborough advised the Board will have the capacity to acquire cars and take care of a lot of the Sheriff’s capital costs if the sales tax passes. Sheriff Williams stated to him that is betting on a potential; the capital costs he heard discussed concerning the Sheriff’s Office are vehicles and buildings; and there are capital needs throughout Brevard County, but if they can pick up capital through a grant it is a ripple on the lake moving the cars forward.

Commissioner Carlson stated she asked Ms. Barker for a historical annual vacancy rate so the Board can see the true vacancy rate of sworn deputies; and inquired if Ms. Barker has put that together; with Ms. Barker responding their office was asked for that information yesterday, and they are working on it. Commissioner Carlson advised she asked for it at the last meeting. Sheriff Williams advised they have some of the vacancy rate information. He stated in Commissioner Carlson’s precinct the total MSTU compliment is 34 deputies, and all 34 positions are filled; there is a 98.4% occupation rate in the Sheriff’s Department overall; and they have eight vacancies in corrections. He advised if someone retires the end of June and they do not hire anyone, there will be nine positions vacant. He stated there are MSTU vacancies throughout the entire County of about eight or nine; they have approximately six agent positions vacant; and they are trying to promote MSTU road deputies an agents, which is a general fund position, then there will be nine agent positions filled, and nine MSTU road deputy position vacant. He stated they hire four times a year in groups of 10 to 12 because there is a 17-week FTO program and a year’s probation. He advised they cannot hire someone one week and another one another week because of the training program; he likes to start them at the first semester and run them all the way through; they have run at a 4% workforce vacancy for the past eight years, which is unheard of in an organization the size of 975 personnel. Commissioner Carlson advised her specific question has to do with just the sworn officers, not the civilian aspect of it. Sheriff Williams stated it will not vary from what it is. He stated for sworn positions, both for MSTU and general fund in the North Precinct 90.91% are filled; in the East Precinct they are 100% filled; in the south precinct, 98.11% of the positions are filled; the west precinct is 89.09%; the jail is 95.98%; and court services is 100% filled. He stated by adding the percentages together and dividing by the number of positions, will reveal the percentage of sworn vacancies. Commissioner Carlson requested the Sheriff give the Board a summary of that information and identify it in terms of warm bodies over the last five years.

Commissioner Pritchard inquired what the ratio is of deputies to population; with Sheriff Williams responding in the unincorporated areas it is 78%, based on 210,753 people living in unincorporated Brevard County. He stated adding 24 additional MSTU deputies will move it to 90%. Commissioner Pritchard inquired what does 12 do; with Sheriff Williams responding it will be approximately 85%. Commissioner Pritchard stated the Sheriff mentioned an increase of $25,000 new dollar funding for MSTU for next year; and inquired what does that break down to per household; with Sheriff Williams responding a house valued at $85,000 and given the $25,000 homestead exemption, it averages to $1.39 per unincorporated household. Mr. Whitten advised that is for the entire $642,000; and it will be much less for $25,000.

Commissioner Pritchard inquired when will deputies get vehicles after they are hired; with Sheriff Williams responding it varies; it has never been less than 15 months and no longer than two years; so it depends on the availability of take-home cars for the deputies. Vice Chairperson Higgs stated they are take-home cars; and the deputies still must have cars while working. Sheriff Williams stated they take pool cars until they are assigned a take-home vehicle; and the pool cars are the ones with over 120,000 miles on them. Vice Chairperson Higgs advised when the deputies are equipped, they have to be ready to go. Commissioner Pritchard advised based on his experience, the take-home cars last much longer than the pool cars, as they are personal cars in effect, and generally better taken care of. Sheriff Williams stated the hot-seat cars, meaning three shifts a day, seven days a week, last about 80,000 miles; but they are getting an average of 100,000 to 110,000 miles on them. He advised they still have 1997 patrol cars the Board authorized in 1997 that are still serviceable because of the routine maintenance; and they are a one-owner vehicle, so to speak.

Commissioner Pritchard stated the sales tax was mentioned; and inquired if it does not pass, where will the funding come from for the 12 deputies and other costs in this fiscal year; with Sheriff Williams responding for the deputies and anything else, it will come from ad valorem taxes. Sheriff Williams stated Florida is a sales tax driven state; but they are limited in local application and cannot do anything but capital improvements. He noted if the State law changes the County could hire deputies, firemen, and road and bridge personnel, but that is a legislative change. He stated it will have no impact on personnel. Commissioner Pritchard stated internally the Sheriff will have to make adjustments; if the Sheriff does not have the money from sales tax or infrastructure tax, the internal adjustment will flow from personnel to capital issues; and there will be money the Sheriff will have to move within his budget in order to do what he needs to get done. Sheriff Williams stated if every car in the fleet has 90,000 to 120,000 miles, they will hire no more deputies, no more pay raises, and devote whatever dollars given by the County to capital improvements; and then the next year they can look at hiring deputies.

Commissioner Pritchard inquired what is the average tenure of a new hired deputy; with Sheriff Williams responding the deputies stay with the Brevard County Sheriff’s Office at least six years because the Florida State Retirement System revamped the vesting years from ten to six years. Commissioner Pritchard advised a few years ago he had a conversation with Sheriff Williams where he said Brevard County has become a hiring process for other counties; and inquired if that was when it took ten years to be vested; with Sheriff Williams responding that was one of the reasons, and the other reason is low salary. He stated since 1997, the Board of County Commissioners was able to elevate the salaries; when he took office the starting salary for a deputy sheriff was $22,400; and with the Board’s assistance, it is close to $30,000 and they are able to attract deputies.

Commissioner Scarborough inquired if today the Sheriff wants to fill 12 positions, how long will it take; with Sheriff Williams responding they will hire a new group next week; and if they have 12 positions next week, they can get 12 candidates, and can hire them that day. Sheriff Williams stated they go through a three-week orientation, which is part of a 17-week FTO program; they come out of that and get their own car 17 weeks down the road; so they will be patrolling the streets sometime in mid-fall since they will be training up to that point. Sheriff Williams stated they recruit through University of Central Florida and Brevard Community College; until the recent Gulf War, there were available military folks; and that will happen again if there are no other hostilities.

Commissioner Carlson inquired what is the impact if the Board requests the waiver that is attached to Mr. Whitten’s memo; with Mr. Whitten responding he does not believe there is an impact; the Board will not get penalized for asking for the waiver; so that is why they made the recommendation to at least ask for it. Commissioner Carlson requested staff explain what the waiver is. Mr. Whitten explained the waiver is a request to waive the match requirement; and the grant specifically says they are able to make the request if the jurisdiction is experiencing severe financial distress. Commissioner Carlson inquired what is the 25% local match; with Mr. Whitten responding the 25% grant match for 12 deputies will be $668,000; they are asking for a rollover of $642,000; there is a difference of $25,000; so the Board will need to come up with $25,000 of new money. Sheriff Williams advised the 25% match is $75,000. He stated when a waiver is asked for, the Board could say that there is a substantially high unemployment and poverty rate; a recent Federal Emergency Management Agency (FEMA) designation, basically as a disaster area; recent bankruptcy declarations; recent placement in State receivership; recent layoffs within the law enforcement agency; and significant non-recurring expenses, like a new sewer system is mandated. He stated for $25,000 the Board will send Brevard County’s credit straight to you-know-where; but if the criteria read that Brevard County is in an area where terrorism and orange alerts mean more than they do in Kansas, the Board would be in business, and with a straight face qualify under any of those qualifiers. Mr. Whitten advised their comments were included but not limited to, meaning overtime expenses, homeland security, and those type of expenses that can be justification to request the waiver. Vice Chairperson Higgs inquired can the Board include presence of NASA, Port Canaveral, and other federal facilities; with Sheriff Williams responding that would be the only angle, but the flavor of what the federal government is asking for is something kin to a nuclear explosion in someone’s backyard. He advised they want to take advantage of everything like that; but need to move cautiously and be careful before running up a poor flag.

Commissioner Scarborough inquired if a declaration made by the Board could be read in an inappropriate light when it goes out to bond something like a sales tax bond; with County Finance Director Steve Burdett responding he does not know how public the declaration will become, but does not believe he can publicly say Brevard County is in financial distress. Commissioner Scarborough inquired as far as bond rating agencies, would that be something the Board will have to reveal; with Mr. Burdett responding he is not sure if they would like it that seriously. Vice Chairperson Higgs stated the Board can say Brevard County is in distress, but does not know if it can declare it a FEMA emergency. Sheriff Williams stated they could look at the problem like they are not trying to recover $25,000, trying to move forward the $600,000 that Ms. Barker spoke of, and recoup the true 25% match, based on STS107, the fact that there is a military base here and the County is responsible for all surrounding areas. He stated it has NASA, significant defense contractors, involvement when reaching the hierarchy of potential terrorism targets, Port Canaveral that is now a port of call, and all the ingress and egress of tourists. He noted that argument can be made, but the Port Authority and City of Cape Canaveral are paying for 38 personnel, and the Sheriff’s Office is not supporting that.

Vice Chairperson Higgs inquired if Sheriff Williams is familiar with any local government that has made that request and been able to have it waived; with Sheriff Williams responding he is not aware of any other government entity. Vice Chairperson Higgs inquired if anyone has asked for that; with Sheriff Williams responding he was not aware there was a hardship provision until Budget Director Dennis Rogero and Assistant County Manager Stockton Whitten’s research revealed that; and he looked at the stated criteria. He stated he is more pessimistic than Mr. Whitten and Mr. Rogero are; when it says there is a list of things and they are not limited to it, the not limited to list is probably as severe as the expressed list; and that troubles him.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve applying for a U.S. Department of Justice COPS Universal Hiring Program grant to fund 12 deputies and $25,000 matching funds.

Commissioner Scarborough cautioned the Board on the concept of annexation of undeveloped property that perhaps may be used for commercial or industrial purposes, but will augment the tax base of the municipality; and the populated areas are moving to incorporation. He stated the problem will not diminish. Vice Chairperson Higgs advised it is historical that annexations occur in commercial and industrial areas, and the cities will cherry pick those that have the less demand for services. Commissioner Scarborough advised if you look anywhere in the nation, particularly in the State of Florida, cities annexation has been in that mode.

Commissioner Carlson inquired if Commissioner Pritchard’s motion covers the first part of the request converting the one-time capital funding of $642,000 for the current fiscal year’s new deputy positions to reduce the $668,000 match; with Commissioner Pritchard responding yes. Commissioner Carlson inquired if that money is rolled into the next budget the Sheriff will not come back next year and ask for the money again; with Commissioner Pritchard responding it is his assumption. Commissioner Carlson advised she wants to state that for the record so the Board does not have to do this again next year. She stated she has always had a question about why the Board can not set dollars aside for grants and that question was answered by Ms. Barker saying the Board did not give the authority to do it. She stated if the Board puts it in there now, she is assuming it will be there next year because it is a one-time thing, and next year it will be a one-time thing also. Ms. Barker stated it is in the Sheriff’s existing base budget; and what she understands from the Budget Office is the base does not roll back so every year the Sheriff’s budget will be, if they have $10 today they will have $10 tomorrow, and whatever the Board increased they may have $11 tomorrow, but the budget is still $10 and will roll forward every year at $10. She stated if the base does not change, and the Budget Office allows the Sheriff to roll forward the same base, it will continue to stay the same. Commissioner Carlson inquired if the grant dollars have stayed consistent over time in terms of grant amounts; with Sheriff Williams responding historically it is 75, 50, 25% then the Board picks up the rest. Sheriff Williams advised the COPS Universal Hiring Program almost got cut in Washington, D.C. this year; they do not want to be eliminated; so they are being aggressive to get the grants. He stated there are not a lot of guidance in that regard; but considering the types of training that all the deputies receive, and the various areas where the people will be assigned to patrol in and around Patrick Air Force Base, the perimeters of Port Canaveral and adjacent waterways around the NASA properties, and the south end of Brevard County in the outpost of the defense contract, the Sheriff’s Office will more than meet the qualifications for the grant. Commissioner Pritchard advised his concern is more for having deputies patrol the enclaves Brevard County has, for example Avon-By-The-Sea. He stated there is an MSTU deputy paid for by Cape Canaveral; there is Cocoa Beach Police Department; and Avon-By-The-Sea is separate and distinct. He stated the Sheriff’s Office provides law enforcement, yet the money comes out of the Merritt Island precinct; and the majority of times the deputies are patrolling Merritt Island.

He stated he drove through Avon-By-The-Sea last night because he has had complaints from the neighborhood about the street lights being turned off; on one street, out of six lights, five were turned off because of the turtle issue; it is dark; neighbors are turning on their lights trying to illuminate the street; and it is still too dark. He advised if the Board funds MSTU deputies, he wants to see them in neighborhoods such as Avon-By-The-Sea and Snug Harbor; and the areas where the response time is 30 plus minutes need to have someone who is much closer than that. He stated he does not want the Sheriff’s Office to come before the Board every other meeting asking for something additional; and 98% of the budget should be set up this year and they abide by that. Sheriff Williams stated if an opportunity arises they feel they should bring it to the Board’s attention, understanding they may or may not be able to take advantage of it.

Commissioner Carlson inquired if the Board can require earmarking on dollars for COPS grants for next year; with Mr. Whitten responding by the Board’s action today it is earmarking the dollars for a COPS match, which will be included in the Sheriff’s base budget.

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

DISCUSSION, RE: FUNDING REQUEST FOR THE MODEL DEPENDENCY COURT

Vice Chairperson Higgs stated the Board understands the Courts found the money to continue Model Dependency Court program.

Judge Lisa Davidson advised they did, but she wishes to speak regardless. She stated Court Administrator Mark Van Bever will give the Board the good news; but she wants the Board to consider six items regarding the Model Dependency Court. She stated the Board said, when she was before them previously, that she did not need to be at the meeting, she needs to be in her courtroom; every minute she spends in front of the Board means a great deal to what she does in court; so she cannot afford not to be here. She requested the Board come to her courtroom; do not tell her when it will be there; she does not want to know in advance so the Board does not think they set-up a situation that will look good; and let them show the Board what they do. She stated she wants the Board to speak to two dependency judges, Judge Evander and Judge Jacobus; Judge Jacobus is their Chief Judge until July 1st; and Judge Evander is the Administrative Judge in Brevard County beginning July 1st. She advised both judges were in Dependency Court and will tell the Board why they needed the funding; the Board should speak to Guardian Ad Litem, contract attorneys, DCF attorneys, DCF employees, and the Clerk’s office; and each one will tell the Board what they are asking for is not a luxury. She stated the Dependency Court is controlled by the Courts, not by DCF; she moves the cases; and other than a first degree murder case, she does not consider any other case in the court system more important than the children who are in limbo. She advised she moves the cases along because of the staff she has; in terms of taxpayer dollars, when the cases are moved along, the children come to resolution; and that means they are either moving towards adoption or they are out of the system. She stated the good news is they have found the money until October 1, 2003, but will be back before the Board asking for the money after October 1, 2003.

Court Administrator Mark Van Bever advised they can fund the Model Dependency Court from July 1, 2003 through September 30, 2003 if they move money around within their three budgets; but because of the dollar volume, they need the Board’s approval to move the money within their three budgets. He advised if they can do that, they can fund the Model Dependency Court from July through September. Vice Chairperson Higgs inquired if there is a specific motion the Board needs to make; with Budget Director Dennis Rogero responding to authorize the County Manager to approve the necessary budget adjustments they will be requesting.

Motion by Commissioner Carlson, seconded by Pritchard, to approve the necessary budget amendments in the Court Administration’s budget to fund the Model Dependency Court from July 1 through September 30, 2003. Motion carried and ordered unanimously.

Commissioner Pritchard stated one of the first things he learned when he took a writing composition course is to always have a thesis statement that says what you want, go through it, and then at the end say what you want again; and he applauds Judge Davidson for following the format he learned so long ago. He stated it is refreshing when someone comes before the Board and says this is what I need. He advised he spoke to several people involved in Judge Davidson’s courtroom; a few of them are the type he calls cynical, but he listened to what they had to say; and no one had anything other than high praise for the operation.

Commissioner Carlson advised she studied Judge Davidson’s charts and tried to correlate all the numbers; what she is trying to figure out based on the Judge’s comment of trying to get children through the process either 12, 15, or 18 months like on the chart for permanency numbers how to correlate that with the actual numbers. Judge Davidson advised every week she gets from the General Master 6 or 7 boxes full of files and tries to figure out how many hearings; it depends on how long a child is in the system; there are children who have been in the system for 10 to 12 years; it is a constant coming in; and what is making it worse is that the Department shelter remove 80 to 90 children a month, but they have done a lot better than the numbers reflect. Commissioner Carlson stated the Board does not know that information; and inquired if Judge Davidson can show, through the Model Dependency project, how she has improved the performance of the courts in regards to getting children placed more effectively because of the system in place; with Judge Davidson responding she will get that for the Board. Judge Davidson inquired if it is appropriate for her to bring her case manager to meet with the Board; with Commissioner Carlson responding that will be great.

County Manager Tom Jenkins stated it is his understanding that drug court has lost its funding; the Florida Constitution says the State of Florida will fund the court system; they have Dependency Court coming to Mr. Van Bever; they will have Drug Court next week coming to him; and the Board should ask the Chief Judge and the Court Administrator to contact the Chief Justice of the Supreme Court, the State Court Administrator, President of the Senate, Speaker of the House, and the Governor to ask them how they are planning to fund the court system in Florida. He stated if they are asking the Board to fund Drug Court and Dependency Court, it is not what the Constitution says.

Vice Chairperson Higgs stated it was clear the citizens passed Article V and anticipated the State will assume the costs. She requested Mr. Van Bever give the Board insight on that situation in July when it comes back from vacation. Mr. Van Bever advised House Bill 113A was enrolled yesterday, and it is the road map for implementing Revision 7 to Article V; so staff may want to look at it with some scrutiny. He stated it will give guidance as to what the State says it will fund, what the State says the County must fund, what the Chief Judge can certify as a local requirement for the County to fund, and what the County has a local option to fund. Vice Chairperson Higgs inquired who filed the bill; with Mr. Van Bever responding he does not know, but it passed out of the House and Senate and has been enrolled. Vice Chairperson Higgs stated it is on the Governor’s desk now. Mr. Van Bever advised next year they may be able to convert two important positions to more important Model Dependency Court positions; cancel some spending plans; and fund at least $131,000 of the $250,000, which will leave $119,000; and they will talk to the Board about that during the budget process.

The Board recessed at 10:20 a.m. and reconvened at 10:30 a.m.

DISCUSSION, RE: STRATEGIC PERFORMANCE MEASUREMENTS

Vice Chairperson Higgs advised Leigh Holt will give the Board a summary of actions.

Strategic Planning Director Leigh Holt advised the Board has received the second draft of the Strategic Community Measures; it was started by looking at the 1967 data sets it has been tracking for several years; they looked at the data that Myregion.org is considering and at what other communities are doing; and there are now over 200 data sets in the Board’s book to consider and use as a resource. She stated it was developed that way so it can be easily updated as new information becomes available; for example, a lot of data comes out in the summer; and as new data arrives it will be sent to the Board so it will have the most recent information. She stated they tried to provide the Board with data collected in a standardized manner across communities, so it will have a comparison, particularly across the seven county region. She advised Vice Chairperson Higgs requested they add additional counties that mirror Brevard County’s congressional districts; and that will be added in the next revision. She stated they try to give the Board multiple years so it can see trend information for Brevard County and surrounding counties. She stated there were 51 community members who reviewed the information, serving on nine panels; their input was substantial; they added to the narrative, they clarified the data where there were jumps in the information, and provided other suggestions for new data that will be exploring the availability. She stated the information is being used by Brevard Tomorrow; and myregion.org has phoned two times during the draft process to get information as they have found this very useful. She stated the Education Subcommittee, a committee Commissioner Scarborough chairs, has used it; and the Health Group has used it to look at emergency services. She advised Hank Simon from the Palm Bay Chamber of Commerce called her and said he used the data to recruit a new business to Palm Bay. She stated all the information will be on Brevard County’s website by mid-June, and available to the public for their use; it will be linked to the Brevard Tomorrow website; so she hopes it will be a useful tool for the community and the Board as they make decisions for monitoring community needs and tracking positive results; and requested approval and acceptance of the document.

Commissioner Scarborough stated Leigh Holt is being modest as she has attended several of the Myregion.org meetings, and called a special meeting with Linda Chapin, past Chairman of Orange County, now employed by University of Central Florida. He stated Tab 2, page 25, for elderly needs, he wants to see expansion on; it is a critical issue; and it needs to be defined to a greater extent. He stated under Air Pollution baffles him because gasoline sold is better than registrations because of the visitors coming in. He stated one of the criticisms of the crime statistics of our region is Brevard County has many people who are visiting; the County has 1.3 million people just from the UK coming to our region; and 2.5 million go to the Kennedy Space Center. He stated the Board needs to be careful with that; and the air quality is dependent on the land mass. He stated Georgia’s counties are smaller than Florida’s; and the Board needs to be sure it does not let raw data confuse it. He stated he would like to see Health Care, page 32, compared to other counties and represented as percentages. He stated under Incarceration, the Board needs to look at crime rates as a percentage of incarceration; and one of the things to be defined is the jail size capacity in comparison to the crime rate. He stated the Board needs to know if the judges are capable of incarcerating those who need to be, and is Brevard compelled to going with ROR and signature bonds because of jail overcrowding. He stated under Education/Community

Review, Randy Morris who is a Seminole County Commissioner, said they have been given the wrong data on education. He stated Seminole County has the highest level of education in the State, but Seminole County says that is not good enough; Florida is at the bottom; and it needs to be the top 10% of the nation. He stated the dynamics of it needs to be in an international/national context. He advised when a new corporation comes to Brevard County, the competition is not with Polk County, it is with the top areas of the nation; and Brevard County is losing good people because of the educational system. Ms. Holt stated they can add some national ranking.

Vice Chairperson Higgs advised there is national ranking to ACT and SAT. Commissioner Carlson stated with Myregion.org and Brevard Tomorrow there has always been the comparative analysis with the groups outside of Florida, because it has been the most significant problem comparing ourselves to ourselves; and it does not get us anywhere. She stated they can get a lot of data and incite by comparing some of the national averages. She stated Brevard Tomorrow used three different communities that were very similar; she does not know if the Board can start there and look where Brevard County is throughout the United States; and Myregion.org and Brevard Tomorrow can share their information. Commissioner Scarborough stated feels Brevard County has contributed as much if not more than any other County to the evolution with groups like Brevard Tomorrow. Vice Chairperson Higgs cautioned against focusing only on the Central Florida region and not economic and cultural opportunities from South Florida, Indian River, St. Lucie, Palm Beach, Broward, and Martin Counties, and the economic potential coming from Miami and the South American connection. Commissioner Carlson stated Myregion.org will be the model for the State to do more regional processes. Commissioner Scarborough advised he will put all his comments in a memorandum; Ms. Holt and he have been working together with Myregion.org; and the other Commissioners will get copies of the memorandum.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to acknowledge presentation by Leigh Holt of the strategic performance measurements, and approve and accept the report.

Commissioner Pritchard noted the report is good with a lot of research, but the use of percent of change is subjective; and inquired what it means. He stated if it is used as an indicator, sometimes it has no meaning. Commissioner Carlson stated percent of change over time will be a better indicator.

Ms. Holt suggested the Board give her direction as to the counties which are more meaningful to it, so that they can focus on them first; and as soon as they have them they will be forwarded to the Board. Commissioner Scarborough stated Orange County Chairman Rich Crotty did a report as he was concerned with growth and jobs in the high-tech and tourism areas; and he used research comparison from Raleigh/Durham, Palo Alto, California, and Austin, Texas. He advised Brevard County has a higher percentage of high-tech jobs than either Austin, Texas and the Research Triangle of North Carolina; and only Palo Alto, California has a higher percentage of high-tech paying jobs. He stated Brevard County is unique; and he does not believe it can be emulated, but can draw upon and use. He stated he wants to include Palo Alto, Austin, and the Research Triangle because some of the concepts economically were interesting data. Vice Chairperson Higgs stated the Treasure Coast Regional Planning Council encompasses four counties to the South of Brevard County such as Indian River, St. Lucie, Palm Beach, and Martin Counties; and what is happening there is information that will be useful to the Board. Commission Carlson stated Ms. Holt wants the Board to give some input as to what specific additional information it would like quickly.

Commissioner Scarborough advised when he met with Linda Chapin, she indicated the University of Central Florida will assign professors to do in-depth analysis. He stated the cause and effect of things are strange; in Osceola County, there are many people receiving minimum wage; they cannot pay their rent; they move from home to home; the children move from school to school; and it is adversely affecting the school performance. He stated some of these things are complex and need a professor to look at the data. He stated he would like the Board and Brevard Tomorrow to be introduced to Linda Chapin. He stated Brevard County is beginning to understand where the tipping points are.

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

APPROVAL, RE: FLORIDA RETIREMENT SYSTEM AUDIT APPEAL

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize Human Resources Department to appeal the Florida Department of Management Services Final Agency action relating to their audit finding the Board’s lump sum merit increases provided to eligible employees who are at or above the maximum pay range are not creditable for FRS retirement purposes. Motion carried and ordered unanimously.

DISCUSSION, RE: SPONSORING BREVARD TOMORROW FIRST YEAR ACTION
PLAN ROLLOUT EVENT ON SCGTV

Commissioner Carlson stated Chris Ambacke came before the Board to give it an update to where it is going; and the first year action plan, which is a combination of all the work that has been occurring, was put together to roll out on June 13, 2003 from 9:00 a.m. to 11:00 a.m. at the King Center of Performing Arts Rotunda. She advised Secretary of State Glenda Hood will be there to speak about some of the things she has been involved in and what the State of Florida perceives as an important initiative for the State; and she wants to work it into being a model for the State of Florida. She stated it is part of a leadership program; the Board has adopted Brevard Tomorrow’s mission statement, “Contribute to Enhancing Brevard’s Quality of Life Today and Always”; and the intent of the Brevard Tomorrow Preferred Future Plan is to engage the community in an ongoing conversation about how they will work in partnership to sustain and improve the exceptional quality of life they currently enjoy. She stated sharing the information with the community at large will allow them to understand what has been done and how they can be more involved. Commissioner Scarborough inquired if Commissioner Carlson wants a motion to place the event on television; with Commissioner Carlson responding yes, so the Board can sponsor the event.

Vice Chairperson Higgs inquired if it will be consistent with the Space Coast Government Television’s policy; with County Manager Tom Jenkins responding as long as the Board is sponsoring the event, it is fine. Commissioner Carlson advised it will be basically a slide presentation of where we come from, where we are, where we hope to go in the future with the communities interest and additional community input on an ongoing basis for a long-term process.

Commissioner Pritchard inquired if there is a cost for this event; with Mr. Jenkins responding only use of existing personnel and to air it on television. Mr. Jenkins advised it is a joint venture with Brevard Community College where it will be jointly recorded and both will play it.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize sponsoring the broadcast of Brevard Tomorrow’s First Year Action Plan Rollout Event on Space Coast Government Television (SCGTV). Motion carried and ordered unanimously.

DISCUSSION, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Commissioner Scarborough stated he wants the Board to authorize the County Manager to contact Jacob Stewart and the East Central Florida Regional Planning Council to discuss the concept for Phase 2 of myregion.org. He stated Brevard County has had the largest number of participants; sometimes he goes to Orlando two times a week; and he wants to continue to be there because there is a concern if he does not, other agendas may take its place. Commissioner Scarborough stated as myregion.org gets beyond recognizing the region, he wants to understand how the region can work to achieve goals; he is not asking for money, but wants permission for the County Manager to begin dialog and see what the budgetary needs may be so the Board can have input with its staff.

Vice Chairperson Higgs stated it should be funded out of the Regional Planning Council’s Budget, if the Board continues to fund the Regional Planning Council. Commissioner Scarborough advised he has been disappointed that much of the dialog has not been brought to the Planning Council; he has had many discussions with the Planning Council; and it does not have much on its agenda. He stated there has been a failure on the part of the Planning Council; and many opportunities with the Planning Council were missed. Vice Chairperson Higgs stated if the Board is going to continue to pay, then the Planning Council should absorb it in its budget; and she does not know what else Brevard County is achieving with the Planning Council. Commissioner Scarborough stated the Planning Council has rendered very little to Brevard County; but he had hopes for the Planning Council, and will continue to hope. Vice Chairperson Higgs stated it should be funded out of the current budget of the Planning Council. Commissioner Scarborough stated if that does not work, he wants to proceed independently and deduct what Brevard County pays the myregion.org entity from the Planning Council’s budget. Vice Chairperson Higgs advised she is willing to go to Orlando for the present budget year and discuss adding more money through myregion.org, and made it clear that it needs to come out of the Planning Council’s budget. Commissioner Scarborough noted he does not want to see myregion.org get lost.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the County Manager to contact Jacob Stewart and the East Central Florida Regional Planning Council to discuss funding methodologies and incorporate Vice Chairperson Higgs’ recommendation that Brevard County should not be paying for services that are not rendered. Motion carried and ordered unanimously.

REPORT, RE: REIMBURSEMENT FOR OPERATION LIBERTY SHIELD

County Manager Tom Jenkins advised he received notice from the Florida Division of Emergency Management that Brevard County could be eligible for reimbursement from March 17 through April 16, 2003. Vice Chairperson Higgs advised the Board received the information; and inquired what Mr. Jenkins wants the Board to do; with Mr. Jenkins responding he wants the Board to authorize him or Chairperson Colon to sign any documents because the deadline is going to be June 30, 2003.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize the County Manager or Chairperson Colon to sign any documents required for applying to the Florida Division of Emergency Management for overtime funding reimbursement from March 17 through April 16, 2003 for law enforcement, firefighters, etc. Motion carried and ordered unanimously.

RECEIPT, RE: PLAQUE FROM NORWEGIAN DAWN

Commissioner Pritchard acknowledged receipt of a reciprocal plaque from the new cruise ship at Port Canaveral, the Norwegian Dawn; and stated he will give it to County Manager Tom Jenkins so he can hang it appropriately on the wall in the Commission Chambers.

DISCUSSION, RE: PRELIMINARY FY 2003-2004 BUDGET

Budget Director Dennis Rogero advised a brief presentation has been completed to provide the Board a broad overview of where it stands with the budget development process; and staff has formatted the information regarding potential internal and State impacts and provided some revenue projection information. He stated they will continue to revise the projections throughout the budget development process; and he will make the Board aware of some factors that are outstanding as they go through the process. He stated the budget stands after the mid-year budget supplement at just under $789,000,000. He stated it is divided by fund types of general fund, special revenue fund, debt service funds, capital project funds, enterprise funds, and internal service funds. He advised as they progress further into the budget development process, a pie chart to compare next year’s preliminary budget with the current amended budget will be provided to the Board. He stated they want to make the Board aware of the largest programs funded with general revenues in this fiscal year. He noted the Sheriff’s Office is $49,351,608, Parks and Recreation is $14,169,860, Facilities is $10,163,097, Property Appraiser’s Office is $6,472,385, other judicial services is $8,201,985, and the Tax Collector is $4,474,321. He stated they want to make the Board aware of the agencies with large general fund transfers because it affects the budget development process.

Mr. Rogero stated next is the new ad valorem revenue projections for fiscal year 2003-2004; they do not receive the Property Appraiser’s preliminary figures until Monday, June 2, 2003; so it is a combination of a dialog with the Property Appraiser’s Office and the projections of the Budget Office. He noted new construction revenue at the current Countywide millage is projected at $3.5 million; and all other non-voted ad valorem revenue is $2.4 million. Commissioner Scarborough inquired if Mr. Rogero provided all the Commissioners the list of how new construction has changed from year-to-year; with Mr. Rogero responding he has copies for the other Commissioners and will provide them to the members. Commissioner Scarborough advised last year there was new construction in the General Fund shy of $3,000,000; so it is only an increase of one-half million dollars; and he was hoping new construction would be larger. Vice Chairperson Higgs inquired how the permits this year compare to last year; with Commissioner Scarborough responding it is not the permit that triggers it, it is the CO’s. County Manager Tom Jenkins advised the new power plant in West Cocoa came on the tax roll. Commissioner Scarborough inquired what is the value of the new power plant; with Mr. Jenkins responding the projected revenue in the taxes is supposed to be approximately $1.4. Commissioner Scarborough stated it would be new construction.

Mr. Rogero stated the additional property tax revenue, excluding new construction associated with the current aggregate millage, is projected to bring in $5.3 million additional funding for the general Countywide millage and $2.2 million for all the other non-voted millages, which includes Library District, Mosquito Control, Law Enforcement MSTU, etc.

Mr. Rogero advised the Florida Retirement System (FRS) contribution is projected to increase $1,150,000 in the General fund, and $377,000 in the non-General Fund Ad Valorem agencies. He stated with the implementation of Article V, there is a projected cap for a period of two years. Commissioner Scarborough stated he thought Florida Retirement System was a positive cash flow rather than a negative flow. Mr. Jenkins stated there is a reduction in the increase; the increase was going to be $2,000,000 to $3,000,000; and the State reduced it to $1,000,000. Mr. Rogero stated Article V and how it relates to the half-cent sales tax and State shared revenue received from the State is to be determined; they do not have the State estimates; and there is a meeting scheduled in conjunction with the County Finance Department, and it will be discussed then. Mr. Jenkins stated beginning in the fourth quarter there will be no growth; it will be capped at what Brevard County has been receiving; and for the next two years, starting in the fourth quarter of next year, the money will be taken to pay for Article V. Assistant County Manager Stockton Whitten stated the State will take all the growth Brevard County would have gotten, cap that for two years, and take that for the State’s implementation of Article V. Mr. Jenkins advised it begins July, 2004. Vice Chairperson Higgs inquired if it is for Brevard County’s fourth quarter; with Mr. Jenkins responding it is the State’s first quarter and Brevard County’s fourth quarter. Commissioner Carlson inquired what the estimated growth will be; with Mr. Whitten responding the State has not done any of that. Mr. Jenkins advised it has not been broken out yet in the State budget. Vice Chairperson Higgs inquired what is it Statewide; with Mr. Whitten responding over the two-year period it is $120,000,000. Vice Chairperson Higgs stated it is more than a little bit of money to Brevard County.

Mr. Rogero stated next is potential internal impacts, revenues and expenditures. He stated the balances forward projection for the General Fund is $4.5 million; and they have identified some of the reasons that will contribute to the very low estimate. He stated the expenditure rate is 98% where in the past it has hovered around 94%; the Sheriff’s Office projected to spend 100% of its General Fund transfer, where in the past he returned some of the excess at the end of the year; the Tax Collector’s Office has informed them it plans to reduce what it returns to the County in the amount of approximately $1,000,000; and the Sheriff’s Office excess fees are going to be reduced by $360,000 of what it plans to return at the end of the year. He stated as the reserves decrease, it is less funding to carry over into the next fiscal year. He stated the projected increase in payments to redevelopment agencies is $350,000. Vice Chairperson Higgs inquired how much total will that be to the redevelopment agencies if it increases $350,000; with Mr. Rogero responding he does not have the information available, but will get it for the Board. Commissioner Scarborough inquired when Mr. Rogero says redevelopment agencies what is he referring to; with Mr. Rogero responding M.I.R.A., Cocoa, Rockledge, and Melbourne Redevelopment Agencies.

Mr. Rogero stated group health insurance cost increases are projected at this time at $953,000 for the General Fund, and $281,000 for the Non-General Fund ad valorem agencies. He stated another insurance increase is projected in property and liability insurance; and the General Fund impact is $336,000, and Non-General Fund ad valorem is $153,000. Vice Chairperson Higgs inquired if the assumptions being made under property and liability insurance include any changes in the actual coverage; with Mr. Rogero responding no. Vice Chairperson Higgs inquired if they tried to calculate a deductible increase or anything like that so the number can be reduced; and under the group health insurance costs is staff making assumptions regarding employee or the Board contributions under that; with Mr. Whitten responding that is the program cost increase, so there are no assumptions in regards to how the increase is going to be distributed between the Board and employees. Mr. Jenkins advised it is to be determined; they know it will cost that much more money; but the issue of how they will pay for it has not been resolved. Human Resources Director Frank Abbate advised on the property issue the numbers do not assume any changes in the current coverage levels Brevard County has; the Board approved bringing on a new broker; and he will be going out aggressively looking at alternative markets. Mr. Jenkins requested Mr. Abbate discuss the deductibles already in place, and why they will not be altered. Mr. Abbate stated they have aggressive deductibles because of the challenges over the past couple of years in getting any type of property insurance; it has been a very difficult market; and they have more property value than they insure. He stated they insure approximately $350,000,000 as the current value of the property although Brevard County has more value; but that is how much they are insuring in case of a catastrophic loss. He stated they can lower the number, but there will be less protection; and it will be putting Brevard County at a higher uninsured risk. Mr. Jenkins inquired if Insurance Director Gerard Visco recalls the deductibles; with Mr. Visco responding on the property program there is a $75,000 all-risk deductible for all exposures except for windstorm; and the windstorm deductible is 2% of the County’s insured value, with a million dollar minimum, and a $2.5 million maximum. He stated they were successful in avoiding a 5% wind deductible because the market was pushing hard for it; and they can be successful in keeping the 2% again this year. Mr. Jenkins inquired if it is a $75,000 per occurrence; with Mr. Visco responding per event, per occurrence. Mr. Jenkins inquired if that is per facility; with Mr. Visco responding yes. Mr. Jenkins inquired if five different buildings damaged, will it be $75,000; with Mr. Visco responding if an event affected five structures it will be one occurrence. Mr. Jenkins inquired what will be saved if it changed to $200,000; with Mr. Visco responding there can be some savings in the first $100,000,000 worth of protection; it is an issue that can be looked at; but historically the all-risk portion of the property has been fairly affordable. Mr. Visco stated there will not be much in the way of additional premium savings for taking the deductible increase on the all-risk piece; the bulk of exposure is on the wind; and the wind is what the County is taking the largest hit on with the 2% deductible. He stated they can take a larger deductible on the all-risk, but it will not impact the premium significantly.

Commissioner Scarborough stated if the cost of health insurance is shifted to the employee, there will be a terrible impact on the lower paid employees; and the Board needs to be mindful, as it deals with the group health issue, it will disrupt take-home pay. He stated he does not want to hear employees of Brevard County saying thank you for the increase but somehow my paycheck is less. He stated in higher levels of the pay range it does not impact as much; he is not in favor of shifting more of the cost to the employees unless the Board reanalyzes the entire distribution of giving higher pay increases to the lower paid employees to supplement them. Vice Chairperson Higgs stated she does not want assumptions to be made that the Board is going someplace if it has not been discussed; and the Board will have to look at those along with salary and all the others.

Commissioner Pritchard stated he agrees with Commissioner Scarborough; many times the reasons people gravitate to the government for employment is because of the security it affords; and they are willing to offset what they can get as a higher income in the private sector because one of the security items is the cost of insurance. He inquired if the value of the building is going up does the County maintain coverage, and is the Board coming closer or has it reached the point where the co-insurance factor is going to affect the liability rates; with Mr. Visco responding the County has not reached that point yet; and what they are looking at with the brokers now is defining the total insurable value picture and how much catastrophic coverage the County wants to maintain. Mr. Visco stated they have $150,000,000 in limits today, so in a single major event there is $150,000,000 to play with against potential losses. He advised it is a significant number and it exceeds the windstorm models and damage projections of what the probable maximum loss will be. He stated it is something that has to be constantly evaluated as they refine the total insurable values for replacement costs because those numbers continue to rise.

Mr. Rogero stated the last item on the page, is just over $600,000 anticipated to be the annualized cost of Board approved pay increases; and the preliminary salary increase estimate for the 2% cost of living is approximately $1.7 million for the General Fund and approximately $1,000,000 for the Non-General Fund Ad Valorem Agencies. He stated impact of the 1% projected merit increase is $900,000 for the General Fund, and approximately $600,000 for the Non-General Fund Ad Valorem Agencies.

Mr. Rogero stated an approximate summary of the built-in cost impact for the General Fund for FRS, projected pay increases, and health insurance is approximately $4,000,000; and for the Non-General Fund Ad Valorem Agencies is $2,000,000. He advised the other costs the agencies have identified to maintain their current level of services comes to $3.5 million for the General Fund and $1.7 million for the Non-General Fund Agencies. He advised he has received from the Board’s General Fund Agencies and the Charter Officers almost $26,000,000 worth of service enhancement requests in the General Fund; and he already spoke to the Article V impact they can expect to see. He advised they have not received the Property Appraiser, and Tax Collector’s office budgets, which are due June 1 and August 1 respectively and it is unknown at this time what impact those requests will have on the information.

Commissioner Carlson inquired if the $25.7 million excludes CIP requests; with Mr. Rogero responding primarily it is non-CIP; and there are a few CIP items that relate to enhancement in a service. Commissioner Carlson inquired what percentage of the $25.7 million is part of the Sheriff’s budget; with Mr. Rogero responding he will check into that.

Mr. Jenkins stated as it appears they will not be able to afford any significant enhancements; there may be some ongoing programs or cost increases, which there is no choice on; but new programs or expansions of existing programs do not appear realistic if the Board wants to stay at the current millage rate. He stated with the Department Directors reporting to him, he is in the position to direct their budgets; and he will request Board action in terms of preparing the preliminary budget dealing with Charter Officers and their requests of any expansions or enhancements if the numbers continue as they are currently projected. He stated there are a number of Charter Officers who may ask for expansions of their budgets, and he is looking for direction from the Board to him and the Budget staff. He advised it does not appear at this time there will be money to fund service expansions; they will be listed as unfunded program changes or requests; and he does not believe he can come in with the current millage rate and fund any expansion of services for anyone. Commissioner Scarborough advised in the past each Constitutional Office came to a budget hearing and made a presentation so the Board could inquire specifically on each request. Mr. Jenkins advised the Charter Offices will still come before the Board, but before it occurs, he needs to give the Board a preliminary budget.

Vice Chairperson Higgs stated the Board is directing the County Manager, based on the motion, to look at the existing millage, the revenues generated from there, and work from that point. Commissioner Scarborough advised that does not mean the Board is saying no to any proposal at this time. Commissioner Carlson stated based on Mr. Rogero’s projections, there is already an increase of $3.5 million to keep it at status quo. Vice Chairperson Higgs stated if they are added together, including what will be there, and take the revenue she does not believe they will get, the Board may be in a very difficult position.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to acknowledge receipt of the slide presentation on the preliminary budget projections for FY 2003-04, and instruct staff to proceed using the existing millage rate and same service level, and other things be listed as program changes; and authorize the County Manager to list expansions from Charter Officers and Department Directors as unfunded programs, and to describe the operational impact of not funding those requests. Motion carried and ordered unanimously.

Commissioner Carlson inquired if the Board is going to get a legislative review from the Legislative Delegation, and will it come prior to the next budget workshop; with Mr. Jenkins responding typically staff does that in the Fall. Commissioner Carlson stated since it has been a very divisive legislative session, it seems like the Board needs to get accountability and information from the delegates. Vice Chairperson Higgs stated the Board wants to know how the State revenue impacts the budget and would like to get that information as soon as staff gets it. Mr. Jenkins stated they will do that.

Commissioner Scarborough inquired what format was the County following this year as far as subsequent discussions; with Mr. Jenkins responding there are budget workshops scheduled in July. Commissioner Scarborough inquired if the same presentations will be followed regarding the department heads and Constitutional Officers presentations to the Board; with Mr. Jenkins responding yes. Commissioner Carlson inquired if they are utilizing the Strategic Plan from all the departments and incorporating that into the budget thought process; with Mr. Jenkins responding they did that this year as well. Commissioner Carlson inquired if at the next workshop staff can put some verbiage of how they incorporated things; with Mr. Jenkins responding yes.

Commissioner Pritchard advised he wants to see detailed justification rather than “there is not enough money”, or if requesting a new position, “it will improve the Department’s ability to provide optimal service,” which does not mean anything. He stated if someone is going to be driving a car, the increase will be x amount because of driving more; and he wants to know how many miles and what the anticipated price per gallon will be. He stated he wants more of a justification than just a line item that says “meets the quality of life of such and such.” He advised that is not enough. Commissioner Carlson stated the Board has not set priorities, but has put things into a box and did the strategic effort last year; and inquired if there can be some comments. She advised if it is in line with where the Board wants to go, it should say so. Commissioner Pritchard stated forecasting a strategic plan is one thing, but it is the nuts and bolts that get passed to the side with the assumption that the Board knows as much as the Departments know of what they are asking for, and it does not. He advised that is why he wants justification; if they want another position, he wants to know what the person is going to do without saying, “add to the department’s overall ability to provide optimal level of service.” Commissioner Carlson stated to bring it back to their goal of how they will improve their department overall, over time, it should be incorporated into the budget. Commissioner Pritchard stated it has just begun with the Assistant County Managers tracking time with what they do in different activities with other departments. He stated the Board needs to know it is getting the most it possibly can from performance of the people, equipment, and the entire operation of Brevard County.

Vice Chairperson Higgs stated in the items being asked to increase, what the impact will be operationally of not funding things that are being requested will be helpful to know. She stated if someone is asking for a $2,000,000 budget increase it will help the Board to know what will be the impact of not funding that addition in that budget. She inquired in meeting the Board’s guideline of existing millage, what are the consequences of that in terms of what the operation will provide.

Upon motion and vote, the meeting adjourned at 11:30 a.m.

ATTEST: _________________________________
JACKIE COLON, CHAIRPERSON
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

______________________
SCOTT ELLIS, CLERK

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