The Board of County Commissioners of Brevard County, Florida, met in special/workshop session on July 22, 1999, at 10:02 a.m. in the Florida Room, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: *Commissioner Randy O'Brien.

DISCUSSION, RE: DEFERRING COMMISSIONERS' REPORTS

Chairman Scarborough recommended holding reports to the end of the meeting because the Judges are present; and also there are people interested in the manatee protection issue.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to defer Commissioners' reports to later in the meeting. Motion carried and ordered unanimously.

Chairman Scarborough suggested working through the lunch hour.

*Commissioner Randy O'Brien's presence was noted at this time.

BUDGET PRESENTATION, RE: JUDICIAL BRANCH ADMINISTRATION

Judge Preston Silvernail stated the budget represents a .78% increase over the current budget; but there are additional requests, one of which is funded and two which are important but unfunded. He stated the funded issue is a request for a juvenile court evaluator which is a part-time position; the person would prepare and submit to the court psychological evaluations of juveniles and sometimes families; and the net cost would be $36,498, with $25,000 for salaries, $4,600 for benefits, and the remainder for non-recurring costs. He stated the next request is for a full-time pay or appear coordinator; the purpose of the position is to help the court system enforce child support and to place people who are paying child support in the habit of regularly and timely paying that support; and outlined the responsibilities of the position. He stated the cost for the position this year would be $43,956, $28,000 of which is salary, $9,800 is benefits, and the remainder non-recurring costs; it is anticipated it would return in excess of $3 million in child support which otherwise would not have been paid; and outlined additional benefits.

Chairman Scarborough stated $3 million would come back to the public welfare to make up the deficit.

Commissioner Carlson inquired if there are any fee elements that could be used to help support the cost of operations. Judge Silvernail stated there are fixed percentage fees that are paid when people pay child support; but that is already taken into consideration.

Judge Silvernail stated the other request is for a grant writer/research specialist; advised of the need to explore additional grant funds; outlined the responsibilities of the position; and stated as a result it would be possible to bring to the court system additional funding for programs. He indicated it would be difficult to quantify the return; and outlined additional duties of the position. He expressed desire to use the County's lobbyist to watch out for Brevard County Judiciary now and during the upcoming process of transfer of funding responsibilities from the County to the State.

Chairman Scarborough stated he fully supports use of the lobbyist and having an integrated approach. Commissioner Higgs inquired how would that be done. Chairman Scarborough stated there should not be multiple voices in Tallahassee. Commissioner Higgs stated when issues go to the lobbyist, they come through the Board; and the Judicial Branch should bring its requests to the Board.

Discussion ensued on an integrated system, giving input to the lobbyist, time crunches, active involvement, windows of opportunity, ongoing process, using discretion, all direction to the lobbyist coming from Board, and monitoring.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct the County Attorney to contact Lobbyist Guy Spearman to see if his Agreement with the County will need to be amended to allow him to lobby on behalf of the Judiciary.

Commissioner Higgs inquired why there would be a need for an amendment. Commissioner Voltz stated there might be an increase in cost if he is also going to lobby for the EDC and the Judiciary. Chairman Scarborough stated the EDC will be paying Mr. Spearman separately; but judicial costs are a direct cost to the County in a number of ways.

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

Commissioner Voltz commended Judge Silvernail for bringing innovative programs to the court system. Judge Silvernail advised they are constantly exploring alternatives. He stated there is a facilities need upcoming for Judicial Services; the best way to respond is to secure the services of a good court facilities consultant; some are available through the National State Court Center which is partially funded through other sources; and they would like to request a consultation agreement to look at the County system and make recommendations. Chairman Scarborough stated the County is maxed out with judicial; sooner or later it will put people at risk; that is where the County was a while back; and he would like to get ahead of the curve this time by having some preliminary discussions about how to maximize use of current facilities, how to make it user friendly, etc. He recommended considering going out for an RFP, working with the Judges, and agenda the item separately. Judge Silvernail advised of the need for space to conduct trials and the difficulty in modifying other rooms for jury service. Commissioner Voltz stated the Board is talking about the Palm Bay facility. Chairman Scarborough stated there are fundamental issues which have to be discussed with the community before bringing in an A&E firm. Commissioner O'Brien stated the Board made an error when it centralized all of its courthouses in one place; it is a big County; and although the concept in the late 1970's and early 1980's was to get everyone into Viera, that has not panned out well for the people. He stated when they tracked child support collection by zip code, they discovered two areas account for approximately 60% of all child support; one is in Cocoa and the other is West Melbourne; and suggested alternative locations in the community. He stated using the alternative locations will free up room for the judges; and recommended holding hearings near where people live and moving special masters from fixed locations to multiple locations. He stated the Rockledge Courthouse should have been kept a courthouse.

Chairman Scarborough stated all of these issues will be brought to bear as this is discussed; it is cheaper and more efficient for the County to operate one facility; but there is a trade-off. Commissioner Higgs stated the discussion in 1993/1994 concerned the difference in Circuit and County Judges; several had the feeling that the County Court Judges belonged in the hinterlands; but she does not want to confuse that with the service complex that is being discussed to locate in Palm Bay. Chairman Scarborough stated they are two separate issues. Commissioner Higgs noted the Constitutional Officers have offices in Palm Bay already. Chairman Scarborough stated they want some consolidation. Commissioner Higgs stated it makes good economic and functional sense; and it does not necessarily have to be tied to other issues. Commissioner Voltz stated there was discussion of putting two courtrooms in that facility. Chairman Scarborough stated there is a consensus on the Board to do something that makes sense in Palm Bay and acquire a tract of land. Commissioner O'Brien stated it is the most populous part of the County; and the Board should bring service to the people. Commissioner Higgs stated while the facility may be located in Palm Bay it should be designed to serve people in the South Mainland as well as those in Palm Bay.

Chairman Scarborough stated he does not know whether to go for RFP or have Mr. Jenkins report on options. County Manager Tom Jenkins stated the Board can talk to the Institute group. Judge Silvernail stated they did that when the Traffic Hearing Officer Program was created; and public convenience is a great consideration. He advised there are two County Judges in the Melbourne Courthouse now.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to directed the County Manager to consult with the Judges and the National Center for State Courts concerning options to address the need for additional space for Judicial Services. Motion carried and ordered unanimously.

Commissioner O'Brien inquired if the juvenile evaluator supposed to go to the Juvenile Assessment Center; with Judge Silvernail responding right now the Dependency and Delinquency Courts are located at Viera; the current juvenile evaluator is onsite there; but they are squeezed for space and are trying to figure out where they are going to put the person. Commissioner O'Brien stated four years ago the group that wanted to put the Juvenile Assessment Center together appeared before the Board; and at that time there was a promise that it would not cost the taxpayers any more than they were paying four years ago. He stated he understands why this position is wanted, but the reason he voted in favor four years ago was because he was told there would be no new personnel required; now he is being told positions are needed; and the next thing will be the County will be paying $100 million for something that is not supposed to cost any more than what was already being paid. Judge Silvernail advised he was not present for that discussion; but they may have meant there would be no incremental costs for the development of the assessment center at that time. Commissioner O'Brien stated they said they would take present personnel from within the State and County systems, and move their offices into that building; they also discussed the Juvenile Assessment Center being open from 8:00 a.m. until 4:30 or 5:00 p.m.; and everybody is there except the juveniles they are supposed to assess who do not hit the streets until 8:00 p.m. and come back in at 3:00 a.m. Commissioner Voltz advised the Juvenile Assessment Center is open from 9:00 a.m. to 1:00 a.m. Commissioner O'Brien inquired if everybody is there during those hours; with Commissioner Voltz responding they have shifts. Court Administrator Mark VanBever stated this is due to caseload; and the option of hiring someone is less expensive than contracting with local psychologists at $150 an hour. Commissioner O'Brien stated he understands and agrees; but it is necessary to look at a broader picture. He inquired if the Juvenile Assessment Center is open on weekends; with Commissioner Voltz explaining that statistics show it is not necessary to be open on weekends right now. Commissioner O'Brien requested a report on how many juveniles are brought to the Assessment Center on a monthly basis and the cost per juvenile. Commissioner Voltz stated now that the parents have to come right in, they are seeing parents who are drunk, on drugs, and beating on the children; they have never witnessed these type of family dynamics before; and now they see the whole picture. Commissioner O'Brien expressed concern about the cost effectiveness; and stated he is looking for accountability. He stated the goal of the pay or appear program is to collect $3 million; statistics show $2 million is not being paid annually; and he would like to know how successful the program is. Judge Silvernail advised how the figures were derived. Commissioner O'Brien stated it is a great program; but if it comes back next year with only $125,000 collected, it is time to take another look at it.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve funding the Child Support Pay or Appear Coordinator position for the Judicial Branch with direction that next year's budget include the cost figures showing savings. Motion carried and ordered unanimously.

Chairman Scarborough inquired about funding the Grant Writer/Information Coordinator position. Commissioner O'Brien stated County staff applies for grants on a regular basis; and he is hoping the County can assist rather than funding a position. Commissioner Higgs recommended the County Manager get more information on the prospects for the County and the Judiciary to combine efforts; and a high level grants writer who could serve the Judiciary as well as the County may be valuable. Chairman Scarborough requested Mr. Jenkins look at that and send a report to the Judges as well. Commissioner O'Brien cautioned against ending up with a grant writing department.

Discussion ensued on leveraging money, using the lobbyist, administrative costs in all grants, grant writer position paying for itself, and contracting with private grant writers.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Chairman Scarborough stated there were several questions about the procedures at the upcoming public hearing including will public input be allowed, how much time will be allowed each speaker, and will clubs or groups be allowed to submit their list of recommendations for the plan; with the Board reaching consensus to allow public input with the usual five-minute time limit, and with groups allowed to submit recommendations. Chairman Scarborough stated Wes Hoaglund, who is the planner for the City of Titusville has put together something; so there will be a dynamic situation. He stated there was a question will the Board vote to make changes to the 1997 Plan; and if the Board is going to hear things, it will probably be voting on what it hears. Commissioner Voltz inquired if the Board is just going to be talking about the 1997 Plan or will it go back to the original. Chairman Scarborough stated the plan that Commissioner O'Brien was working on with the State is a document that could be amended; and he would like to work from the 1997 plan, but people can comment as broadly as possible. Commissioner Higgs stated it does not mean the Board cannot look to other documents. Chairman Scarborough stated that plan has been submitted to the State and the State is familiar with the plan. He stated there was a question will recommendations for change be voted upon at a later Board meeting; a change must be voted upon at the meeting; and otherwise it is just a comment. Commissioner Higgs stated that is not the question. Commissioner Voltz stated the question is whether the Board will have another meeting, because this is only a workshop. Chairman Scarborough stated the question is how substantive the change is; the next question is whether it will have to go back to public hearings with the municipalities; and that is driven by the magnitude of the change. Commissioner Higgs stated she has no problem taking what the Board votes on and sending it back to the cities for comment; but the question is if the Board takes action on the 1997 Plan, will it then go from that workshop and schedule a subsequent public hearing.

Discussion ensued on the procedure, working from the document, opportunity for discussion with David Arnold, and right of public and the municipalities to be heard.

Commissioner O'Brien stated this is the same Board that rushed this back to chambers because he dragged his feet; but now there is a plan which has been negotiated and accepted, and the Board is indicating it will talk about it longer. Commissioner Higgs stated she did not agree with the plan; changes have been made since the one Commissioner O'Brien agreed to; and the public has not been fully aware of some of the negotiated changes. Commissioner Carlson stated there is a feeling that the negotiation may not have been as fair as it should have been, and that the Board should meet with David Arnold to discuss the negotiation, figure out what everyone wants, and fix the problem with the negotiated plan. Commissioner Higgs stated if the majority of the Board does not agree with some of the aspects that the recommended plan was suggesting, it has the option right now to change it; and if it is a substantive change, it will be sent back to the cities and people will be allowed to comment. She stated the question is not what David Arnold wants, but what the Board wants; and the Board needs to decide what it wants. Commissioner O'Brien noted the Board still has not submitted a plan; the objective was to hurry up; but now it has come to a stop. Commissioner Carlson stated she is confused as to how DEP fits into this.

Discussion ensued on lack of help from DEP, ambiguous answers, plan never rejected or agreed to by DEP, and which agency is involved.

Chairman Scarborough stated he does not want to waste the community's time; and requested someone check to see that the Board has the right people coming to the meeting. Commissioner O'Brien stated Mr. Arnold put together his concerns about the plan; these are the concerns they have been discussing; and the only items left were the recreational zone in Cocoa Beach and Sykes Creek. Chairman Scarborough inquired if he has authority; with Commissioner O'Brien responding yes. Commissioner Higgs stated he did have authority, but the Board does not know if he has today.

Commissioner O'Brien stated starting from scratch, the Board will drag its feet for another year and a half. Chairman Scarborough stated he does not know what a majority of the Board wants to change in the 1997 Plan because it has not had a chance to talk about it. Commissioner O'Brien stated he took the plan that was approved by the Board; he did not go in with his particular belief; and he negotiated that plan. Commissioner Higgs stated the group that adopted that plan may not be the same group today. Commissioner O'Brien stated the accusation was that it was taking too long; and now he is saying it should move along because it is taking too long and the County should submit the plan. Commissioner Higgs stated the Board will vote on it in August, 1999; and she will be ready to adopt a plan she can support.

Commissioner Carlson stated the Board needs to define what it will discuss; with Commissioner Higgs responding the Board will discuss those things in the plan it has issues with. Commissioner Carlson inquired does everyone have a perspective on what issues each Commissioner has. Commissioner Higgs stated no one has ever said. Commissioner Carlson inquired how does the Board want to define what it wants to talk about. Chairman Scarborough stated the Board needs to let people know how something becomes an issue; and the City of Titusville is concerned about development of marinas; with Commissioner O'Brien advising so is Cocoa. Commissioner Carlson stated the Board needs to know if it has to deal with marina siting in the plan. Chairman Scarborough stated it is in the plan; and Titusville is going to be specific as to language changes to the plan. Commissioner Higgs expressed interest in seeing the language ahead of time. Chairman Scarborough stated he will call Mr. Hoaglund today and request he meet with each Commissioner. Commissioner O'Brien advised Merritt Island and Cocoa are concerned about the plan. Commissioner Voltz inquired about DEP's position on the siting issue; with Commissioner O'Brien responding it wanted to make it tougher; the Board has a five-step plan; but DEP has a four-step plan with the fourth step being very difficult. He advised of negotiations on the five-step plan and numbers being determined subjectively. Commissioner Voltz inquired if the cities agree with what is in the current plan; with Commissioner O'Brien responding no. Commissioner Higgs inquired if any cities objected to the marina siting; with Commissioner O'Brien responding not back then. Commissioner Higgs stated people have issues today that they did not in the past. Chairman Scarborough stated things change; there are economic opportunities that come along; and the document, which has not been adopted yet, is in the way. Commissioner Higgs stated in 1997, there were no objections from the cities to the marina siting, although there may be today. Commissioner O'Brien stated there is a general fear that the plan will make it tougher; the City of Cocoa can live with what the County presently has; but going beyond that, people have complaints.

Commissioner Carlson stated when the 1997 plan came back with comments from DEP, there were only certain outstanding issues, and those outstanding issues were there because the balance had left. She stated when it evolved to the 1997 Plan, the DEP comment was about lack of balance; and suggested getting DEP to advise the Board of the minimum steps to balance out the plan so it does what it was originally supposed to do. Commissioner Voltz stated the problem is that DEP has never come back and said this is what it wants in the plan; with Commissioner O'Brien disagreeing. Commissioner Carlson stated DEP has not provided guidance; with Commissioner O'Brien disagreeing. Commissioner O'Brien stated in making the original plan, DEP and others said we should pay for the educator, put a surcharge on boats for Marine Patrol, etc.; and the citizens of the County said no because the County's plan had been manipulated by the State. Commissioner Higgs stated the recommendation from the Committee in the original draft included the $12.50 surcharge. Commissioner O'Brien noted advisors to that Committee were people from DEP, Florida Marine Patrol, etc.; with Commissioner Higgs advising there were also citizens and representatives of the cities. Commissioner O'Brien stated then the citizens came out and said they did not want to do it, especially those people who own boats.

Chairman Scarborough stated it would be easy to deal with the issues if people provide a document showing what they want changed; the City of Titusville has already done that; and suggested writing to all the municipalities requesting any changes be prepared with underlines and strikethroughs. Commissioners Voltz and Higgs stated that is fine. Commissioner O'Brien stated he can agree to that, but if there are any substantial changes, it will have to go out for public hearings.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to direct staff to prepare letters for the Chairman's signature to the municipalities inquiring if they desire changes to the 1997 Manatee Protection Plan, and requesting such changes be submitted with additions underlined and deletions stricken through.

Commissioner O'Brien suggested holding a workshop first. Chairman Scarborough stated he does not want people to come to the workshop and say they generally do not feel good about the plan; and he wants them to say specifically this line is causing this problem in this way. Commissioner Carlson stated the Board needs to know exactly what the problem is.

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

Chairman Scarborough inquired if a similar letter should go out to those people who have expressed concerns, suggesting the Board is going to be more responsive if requests are put in this type of format. Commissioner Voltz stated it will make it much easier on everybody. Commissioner O'Brien stated if the Board does that, it will become an overwhelming task. Chairman Scarborough stated it will limit it to two or three issues. Commissioner O'Brien stated the Sierra Club has already put out a detailed plan, and they can request changes throughout the plan. Chairman Scarborough stated if they have to submit it in writing first, everyone will see what the changes are. Commissioners Higgs and Voltz indicated desire to see the requested changes prior to the meeting. Commissioner Higgs stated the Commissioners should do the same thing. Chairman Scarborough stated he does not want to say what he wants until he hears the public discussion; and he does not know if he will buy off on the changes the City of Titusville wants or not.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to direct staff to prepare letters for the Chairman's signature to interested groups inquiring if they desire changes to the 1997 Manatee Protection Plan, and requesting such changes be submitted in writing with additions underlined and deletions stricken through. Motion carried and ordered unanimously.

Commissioner Voltz stated one issue the Board has not addressed is whether public hearings will be held throughout the County; last time staff went to multiple places; and she does not think that needs to be done. Commissioner Higgs stated there will be an additional hearing if there are substantive changes.

Commissioner Carlson inquired if the Board is going to discuss the issues that are going to come in at a workshop before collecting public input. Chairman Scarborough outlined how he would like to handle the hearing; and stated once public comment is finished, the Board needs to create an integrated document with whatever agency represents the State.

Discussion ensued on date to get comments in, making changes to the plan at a workshop, draft plan, going back to municipalities if changes are substantive, and taking information at public hearing.

The meeting recessed at 11:15 a.m. and reconvened at 11:32 a.m.

DISCUSSION, RE: PROPOSED FY 1999-2000 BUDGET

Mr. Jenkins stated based on input received, the approach slightly modifies the budget given on July 16; there is an across-the-board reduction for every taxing authority; and they do not have to increase the millage rate for Mosquito Control above the current rate. He stated the across-the-board reduction from all current millage rates takes it to the cap; every Commission District has a millage rate reduction; and at the bottom of the page it shows the voter approved referendum for the Fire Control District and the pending referendum for the Law Enforcement MSTU in the unincorporated area, which they are required by the Department of Revenue to include in the preliminary budget. He stated under the second proposal all millages are going to the cap it rate.

Commissioner Higgs inquired what is the cap it rate; with Mr. Jenkins responding that is the language used in the Charter which prohibits the Board from increasing taxes more than 3% or the cost of living index. Commissioner Higgs inquired when Mr. Jenkins says increasing taxes, is that the net number, the net millage, or the total revenue. Mr. Jenkins responded the way the language in the Charter reads, it is revenue. Commissioner Higgs stated it reduces the individual's millage in every area, but the total revenue produced by the County gets to the cap it rate. Chairman Scarborough stated it is not going to TRIM under this scenario; TRIM produces the same amount of revenue but for new construction; and the scenario provides additional revenue. Commissioner Higgs stated under the first scenario dated July 14, some millages were being raised and others were going to rollback. Mr. Jenkins stated the majority were going to rollback, but several were being increased significantly; and the new proposal levels it off where they all get reduced, but not to the rollback rate. Mr. Jenkins stated many of the Commissioners want to get additional money in their Road and Bridge MSTU's; and this will provide that additional funding; but it is still a lower millage rate than the individual currently is paying, and if the assessment of the house does not change, the taxes would go down, except for those taxes they voted on. Commissioner O'Brien stated that is commendable, but there are still things which can be cut to lower it even further; with Commissioner Higgs agreeing. Commissioner Higgs stated she is comfortable with what was presented; the true test of whether taxes go up or down is the millage rate, not the total County budget; but an increase is advertised even when the millage continues to go down; and that is an unfair measure. Chairman Scarborough stated TRIM in some cases results in a rollup; so it is a strange approach. Commissioner Higgs stated if it has to be advertised, it may be good to do some additional advertising or get the word out so people will understand.

Discussion ensued on what should be advertised, public response to tax increase, degree of accountability at local government level, federal and State government having extra money, and cutting fat in the budget.

Commissioner Carlson requested Mr. Jenkins address growth paying for itself, compare Brevard County to Orange County in terms of growth, and address the issue of inflation and how that calculates into what has been saved over the last five years in not raising taxes, and what will be saved by not raising taxes now. Budget Director Kathy Wall responded in Central Florida there has been growth in new construction; Brevard County's growth in new construction is approximately 2%; property values have increased by 3%; the rollback is larger than the increase in property values from new construction; so the County has only been getting a little over $1 million in the General Fund to pay for new services which are being provided. She stated another County got 10% in new property values in one year; and Brevard County is not getting that kind of increase. Mr. Jenkins stated seven to nine years ago, the County was getting $3 million a year in new construction growth; and they have not been getting that in the last three to five years. He stated it is a rule of thumb in the industry that residential growth does not pay for itself; commercial growth subsidizes residential; and if there is good healthy commercial growth, it has a positive impact on residential taxes; so they continue to look for good commercial growth. He stated the County is doing the abatement program; he has been told the amount of abatement has not been that significant yet; and the County is giving away some of its commercial growth through abatement, but he does not know the impact. Commissioner O'Brien stated the Board is not talking about commercial growth; abatements only apply to manufacturers which is industrial growth; and Target and K-Mart, etc. have not come to the County for abatement. He stated economic development is the key to keeping taxes down; there has been some reasonably good economic growth due to the efforts of the EDC; and the County should continue down that path as strongly as possible. He advised of the employment benefits of economic development.

Commissioner Carlson stated over the past six or seven years, the expenditures per capita have decreased by approximately 16%; inflation on property tax revenues has decreased over the last six years; and inquired when do you stop cutting the fat before you are down into the muscle and bone. She stated staff is advising it is getting close to the line; the millage document is a good thing because it goes to the cap; and in order to go further than that, it has to go to the public based on the Charter. She stated she does not agree that the Beach and Riverfront millage should be rolled back; and it should stay the same because that program has other needs.

Commissioner Higgs stated the Board sets the tentative millage on July 27, 1999; so it needs to reach some conclusion and give staff direction by the end of the workshop.

Commissioner O'Brien stated he pays approximately $5,000 in property taxes on his home; and 2% would add an additional $1,000 per year. Commissioner Carlson clarified it would be $100. Commissioner O'Brien stated the public is getting all the services the County has promised them; and it is up to the Board to figure out how to cut fat out of every budget to reduce taxes. Commissioner Carlson stated if there is fat to be cut. Chairman Scarborough stated people who want to have a quality county understand that the cheapest is not the best. Commissioner Voltz stated the Board keeps the water rates down year after year, and then all of a sudden they have to be doubled or tripled because there is a problem; and she does not want to see the Board do something like that. She stated the Board has to look at these things responsibly, and cut where it can, but not be afraid to say there may be an increase needed. Commissioner Higgs stated the Board is not talking about an increase.

Mr. Jenkins stated the problem is the County depends too much upon property taxes to operate; and the State has surplus and many revenue streams, but it is cutting State revenue sharing by $3 million while saying it is doing a favor by cutting the outrageous price of the existing retirement system. He stated the County's hands are tied; it does not have any revenue sources except property tax; and State government needs to give local government a source of money besides taxing people's homes. Commissioner O'Brien stated the County fought for Article 5, and there have been tremendous savings in court costs this year. Mr. Jenkins advised the County has seen zero from that; and all that did was reduce revenue sharing by $2.9 million in retribution. Commissioner Voltz stated it is not supposed to take effect until 2004; with Mr. Jenkins advising there is nothing to say the State will not reduce revenue sharing more to offset that impact. He stated the County is at the State's mercy; and it does not have any money except property tax. Commissioner Voltz stated the County's Legislators say they would not do that. Commissioner O'Brien stated if the State can cut money coming to the County, the County should be able to do the same thing. Mr. Jenkins stated the State has a surplus. Commissioner Higgs stated the State pushed the services down to the County. Commissioner O'Brien inquired if the County can push its services down to the cities. Commissioner Higgs inquired what would be done on Merritt Island. Mr. Jenkins stated staff will continue to proceed with the theme of July 19, 1999 memorandum, and continue to go through the Department budgets.

Commissioner O'Brien inquired if the millage for Road and Bridge MSTU is .5258 mill, the Board's option for July 19, 1999 is to keep it at .5258; and is that a tax increase; with Ms. Wall responding yes, it has to roll back by 3% because that was the growth in the existing property value, but it is only a 2% increase. Mr. Jenkins stated it is because it is part of the aggregate; if the Road and Bridge was left at that level, a millage somewhere else would have to be reduced to offset it.

Discussion ensued on the figures.

Chairman Scarborough stated the cost of government is not static; and advised of an article concerning blind budget reductions from top management resulting in employee cuts, decrease in quality, drops in sales, loss of revenue, and a downward spiral. Commissioner O'Brien stated the Board is not talking about blind cuts. Chairman Scarborough stated if Commissioner O'Brien will tell him where the fat is, he will cut it gladly; but if Commissioner O'Brien just wants to talk about numbers, he does not know where it is. Commissioner O'Brien stated the Board will get down to specifics this afternoon in some parts of the budget.

BUDGET PRESENTATION, RE: PARKS AND RECREATION DEPARTMENT

Chairman Scarborough inquired if there are any questions for Mr. Nelson regarding his budget.

Commissioner Carlson stated all the program profiles have funded and unfunded items; in South Brevard there is nothing but unfunded issues; and inquired about Palm Bay Regional Park. Parks and Recreation Director Chuck Nelson stated the way the budget is put together, any savings they have achieved, they have been putting into minor capital; and the large ticket growth items, new parks, and expansion of parks are in the unfunded or are unidentified in the current budget. He stated when they originally put the budget together, there was a $1 million list which was presented to the Budget Office, but that has subsequently been taken out. He stated there is a request for approximately $200,000 per area which is unidentified; and major projects are not in a budget as specific requests.

Commissioner Carlson stated personnel is dropping from 223 to 217; and inquired with the increase in park area, how is a decrease projected. Mr. Nelson stated they have aggressively split full-time positions into part-time positions to get more man-hours available for work and reduce costs; and noted the number of part-time positions went up significantly. Commissioner Carlson inquired if there is a savings in terms of benefits on the part-time positions; with Mr. Nelson advising a part-time person reports to a site whereas a full-time person has to be transported to a site. Commissioner Carlson inquired if it is the same amount of productivity; with Mr. Nelson responding it is more. Commissioner Carlson stated on page 15.11, under unfunded, it shows replacement of existing equipment for the Mainland sector such as septic system replacement; and inquired if septic system replacement would not be a high priority that should be funded. Mr. Nelson responded they have a system in place at Bourbeau Park which generally functions; however, high water conditions cause them to shut down; it would be a priority, but it is still functional; and if there was total failure, then it would be an absolute. Commissioner Carlson inquired if there are reserves to cover the total failure; with Mr. Nelson responding projects would be impacted by that or it may come from operating dollars. Commissioner Carlson stated on page 15.33, there appears to be a discrepancy in the number of acres being managed by the Environmentally Endangered Lands Program. Mr. Nelson stated they own 13,000 acres; in the previous year, they only managed a small portion of that; the land managers are starting to manage all of the lands; and they will continue to manage those. Commissioner Carlson stated on page 15.34, in the three balance forward accounts there is a total of over $11.5 million; and inquired if that has to do with grant money being reimbursed; with Mr. Nelson responding some is reimbursement money; some is excess bond money; and rather than put it in line items they kept it in large sums. Commissioner Carlson stated justification of unfunded elements talks about recreational hot spots; and she wondered where the hot spots are and why they are all in the unfunded category. Mr. Nelson stated they made a presentation to the Board in 1996 where they identified locations around the County that were recreational hot spots; they were sites like Palm Bay Regional Park, facilities on Merritt Island, and Titusville soccer fields; and there were immediate needs and organizations they were working with. He stated the intent of that was to bring the Board up to speed on where they needed significant funding to meet recreational needs. Commissioner Carlson inquired how is staff doing with the list since 1996; with Commissioner Higgs responding they are still hot. Mr. Nelson stated there have been some minor improvements; the Board has allocated some dollars on an annual basis; and outlined actions taken. Chairman Scarborough inquired if any of the Commissioners have seen the new recreational field and off-road park; and suggested if there is a group thinking about voting itself a special millage, they should visit the park because they will become believers. He described the park. Commissioner Carlson inquired if the Board did not roll back the Beach and Riverfront millage, could the money be used for anything. Mr. Jenkins stated it can be used for anything in the Department, and it does not have to be limited to beach and riverfront. Mr. Nelson stated they have historically replaced equipment, lighting, etc. Commissioner Carlson inquired when will it get to crisis mode; with Mr. Nelson responding it is there. Mr. Nelson stated he is working with at least three different groups that are talking about referendums. Chairman Scarborough stated if the lineal park catches on, it may be possible to tie it to other improvements; and the people will run with it. He stated it is making a whole out of a lot of pieces. Commissioner Carlson commented on offsetting costs with funds from Forever Florida. Commissioner Higgs noted the previous conversation with Judge Silvernail concerning a grant writer; and inquired if Parks and Recreation could get more money if it had additional people. Mr. Nelson stated they apply for everything they are aware of; additional personnel would be helpful; but he does not want the Board to think it would make a world of difference. Mr. Jenkins inquired if Mr. Nelson could get $20,000 for a grant writer or $20,000 to put into parks, which would he take; with Mr. Nelson responding he would put it in the parks because the numbers are not there to justify a grant writer position. Commissioner Carlson stated she would like to see a rundown based on the hot spots of 1996 to see who the County is not servicing.

Chairman Scarborough stated the demographics show there will be a doubling of population over 65 in a decade; and if there are good amenities for the retirees, the County will attract people who will buy more expensive homes, and create a better tax base. He stated these are people who are free to move any place in Florida that they want to; and it may be just a couple of amenities that allow the County to get ahead of another county. He stated the Board needs to understand not only the current needs, but look to what a senior can use; and that may increase the tax base in the end.

Commissioner Voltz inquired where is the Board on dealing with Palm Bay Regional Park; with Mr. Nelson responding the City is willing to participate, but timing is an issue; and explained the City's previous commitments. Commissioner Voltz inquired if they are still talking about doing halfway; with Mr. Nelson responding they are hoping to get approximately 2,600 feet; but the reality is they will probably get closer to 1,700 or 1,800 feet of additional road; but they can adapt to that because it will get to the bicycle/motocross area, and they can create an access to the equestrian area, but it will not be the final access. Commissioner Voltz inquired about an off-road vehicle park; with Mr. Nelson responding there are sites that qualify, but no one is interested in having it on their property willingly. Mr. Nelson stated they have talked to some Palm Bay owners including Harold Platt, and he indicated there was no interest in doing that on a voluntary basis. Commissioner Voltz stated she talked to Carlyle Platt about the possibility of leasing property; with Mr. Nelson responding he will talk to Mr. Platt specifically. Chairman Scarborough suggested Commissioner Voltz set up a meeting. Mr. Nelson stated ultimately it will come down to numbers; and if it is a lease and it is reasonable, then the users would be able to pay for that.

Commissioner Carlson stated on page E15-28, it shows $200,000 unfunded in the South area; and inquired how that is split between Suntree, Viera, Palm Bay Regional, and South Beaches. She inquired if Viera donated 112 acres, could the County act on that or would it sit there. Mr. Nelson stated they put this together in a fairly tight time frame; they did not come up with the specifics of exactly how much they would put at each location; and the first thing they would do is look at the active project, which is Palm Bay Regional Park. He stated they would try to make an incremental improvement at that site, and then look at the remainder to come up with something that would provide bang for the buck.

Commissioner Voltz stated there are so many people riding on the streets in Palm Bay; it is a dangerous situation; and the Board needs to do everything it can to look for a place for the off-road vehicles, even if it is temporary for five years. Mr. Nelson stated he will set up a meeting with Carlyle Platt. Commissioner Higgs inquired if the County bought the land for the transfer station, could it use the site until it is ready to develop it. Commissioner Voltz stated Harold Platt is potentially willing to sell 100 to 150 acres for the transfer station; but Carlyle Platt is not willing to sell for the transfer station. Commissioner Higgs inquired who has the location the County wants.

Discussion ensued on multiple departmental utilization of the same property, model airplane site at landfill site, and negotiations with Mr. Platt.

Commissioner Higgs inquired if the West Melbourne soccer fields are the ones funded approximately four years ago; with Mr. Nelson responding it is the property that was donated. Commissioner Higgs inquired if this is ever going to happen; with Mr. Nelson explaining why the project has not moved forward. Commissioner Higgs inquired why the $25,000 is being left there; with Mr. Nelson responding staff is amenable to that. Commissioner Voltz recommended staff write a letter to the Soccer Club advising of the Board's intent.

Commissioner Higgs inquired about a mobile skateboard park; with Mr. Nelson responding they are trying to get a price on the transportation. He stated one will be set up at Teenfest; but if it is going to be done on a routine basis, it will need to be handled a little bit differently; and $25,000 is approximately the cost for doing that. He advised it was also set up at McLarty Park for the end of the year Rockledge activity; and it was very successful. He stated he will confirm with the soccer club that it will not be proceeding so that project can officially be put on hold. Commissioner Higgs stated the Board may help them if it comes up again; but this has waited too long.

Mr. Jenkins inquired about the swimming pool; with Mr. Nelson responding that is proceeding. Commissioner Voltz stated it will be at the BCC campus in Palm Bay. Commissioner O'Brien stated the County is building pools, but it has the Atlantic Ocean right here; and advised of problems with pools. Mr. Nelson stated the pools which exist right now within the school system are in need of major renovation; the school system has undertaken a survey and came up with a price tag; and he will be bringing that to the Board because it is a partial supporter. He stated the school uses the pool for a fixed period of time; the County uses it for a fixed period of time; and then there is a down time when nobody is using it; but the Board agreed to handle it on a 50-50 basis. He stated there have been issues with the maintenance, but part of that is driven by the old equipment; and that is all being rectified so it will be more automated. Commissioner O'Brien inquired who is paying for that; with Mr. Nelson responding it is a shared responsibility between the County and the School Board. Commissioner O'Brien inquired why is the County's pool being built at BCC, Palm Bay; with Mr. Nelson advising there are no County pools in South Brevard. Mr. Nelson explained the problem with the Cocoa Beach pool; and stated he has no concern about the Palm Bay pool. Commissioner Higgs stated it is a swim team issue. Mr. Jenkins stated there is a partnership where the County and School Board share costs. Commissioner O'Brien inquired about construction costs; with Mr. Nelson responding in some cases, the County had no money in construction, but this pool will be a partnership; and outlined the financial support being given by various entities. Commissioner O'Brien stated there is an ice rink in Rockledge; people are talking about hockey teams; and inquired if that means the County will have to build ice rinks.

Discussion ensued on ice rinks, need for pool, demographics, success of Melbourne pools, value of swimming lessons, and hockey teams.

Chairman Scarborough stated the Board has discussed beautification of water retention areas, but is not using that land; and inquired if that dialogue is going on; with Mr. Nelson responding he and Mr. Jones are routinely talking about those kinds of sites. Mr. Jenkins stated Mr. Jones can design the sites; and inquired if Mr. Nelson has money in his budget to develop and maintain them. Mr. Nelson responded that is the next phase; Mr. Jones has money for maintenance; but the question is if they create maintenance that goes beyond what Mr. Jones can fund. Chairman Scarborough indicated support for the issue. Commissioner Carlson stated Surface Water and Parks and Recreation are working together on some ideas for Wickham Park. Mr. Nelson stated staff is working on three major projects; a year ago there was no discussion between the agencies; and it has come a long way in a short time. Commissioner O'Brien advised of a retention pond in Merritt Island which could be developed as a park with a beach. Mr. Nelson stated they are looking at acquisition; and they will be presenting that to the Board.

BUDGET PRESENTATION, RE: MANAGEMENT SERVICES DEPARTMENT

Commissioner Higgs stated this morning on the news it was reported that Volusia County is now live on the net; one of the Board's issues has been public access; and inquired if that is a possibility for Brevard County. Information/Communications Systems Director Gino Butto stated it can be done from a technology standpoint, but staff has not looked at that as part of the expansion. Mr. Jenkins inquired if it could be picked up off the cable signal; with Mr. Butto responding it can be picked up off the cameras. Chairman Scarborough inquired if it is already being sent out by radio; with Mr. Butto advising by dial-in telephone line. Commissioner Higgs stated she would be interested in getting a summary and a price. Mr. Butto advised of previous research on broadcasting. Discussion ensued on advertising.

Commissioner O'Brien stated a number of computers are being switched out; they are being stacked from floor to ceiling; but no one can tell which ones work and which ones do not work. He stated the bids for those computers are small; people are getting $1,200 units for $30; and they still work. Chairman Scarborough inquired who are they sold to for $30; with Commissioner O'Brien responding to the public through blind bid. Mr. Jenkins advised the units are not Y2K compliant primarily; some are worn out; and some are not strong enough to carry the new software that is being used. Chairman Scarborough inquired if they are being sold in bulk for $30 or to anyone who walks in; with Management Services Director Stockton Whitten responding it is whomever bids on the item with a minimum bid. Chairman Scarborough advised of the Project Star program to get young people interested in computers; and stated that enhances their opportunities in life. He inquired if there is any problem with giving computers to that program. Mr. Jenkins stated staff can contact Project Star to see if they can use the units. Chairman Scarborough stated there are probably a lot of groups that could use them.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to explore the possibility of putting surplus computers in the hands of the community such as in youth clubs. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to direct staff to explore the possibility of putting surplus computers in all senior centers. Motion carried and ordered unanimously.

Commissioner O'Brien stated most of the items are not tagged indicating the problem. Mr. Whitten advised when items are surplused, the operational condition is supposed to be indicated; so while they may not be tagged, the paperwork will show the condition of the item. Commissioner O'Brien recommended the items be tagged; and stated revenues could be increased if people knew the items actually worked. Mr. Jenkins stated the information is there so staff can easily do that from now on.

The meeting recessed at 12:45 p.m. and reconvened at 12:54 p.m.

BUDGET PRESENTATION, RE: PLANNING AND ZONING DEPARTMENT

Commissioner Carlson stated the summary and impact fee profile show $263,000 under operating reserves; and inquired what is that for. Planner Steve Swanke responded those are funds in the impact fee administration account that have been accumulated over time; explained that the percentage set in 1991 and subsequent reduction in expenses allows them to enjoy a surplus each year; and advised when the issue is readdressed later this year, it may be possible to decrease the percentage retained for administration purposes. Commissioner Carlson stated the question arose when there was no personnel dedicated to impact fee administration; staff has put forward need for GIS connection; and inquired if those reserves are open for that; with Mr. Swanke responding they are not available for that; and elaborated on the limitations and uses of the fees. Commissioner Carlson inquired if that much money is needed in reserves; with Mr. Swanke responding they have accumulated quite a bit of money that exceeds needs. Mr. Swanke explained what the money can be used for. Mr. Scott stated the Planning and Zoning Office's budget assumes a lot of the Impact Fee Program, but when he addresses the Planning and Zoning Office's need for GIS, it is just Planning and Zoning. Mr. Jenkins stated the computers for GIS are funded.

BUDGET PRESENTATION, RE: PUBLIC WORKS DEPARTMENT

Commissioner Carlson stated capital balance forward shows $11.5 million, a capital outlay of $750,000 and capital reserves of $8.2 million; and inquired how do those numbers relate and what is the need for so much reserve. Public Works Finance Director Jim Helmer responded the restricted reserve is related to bond issues; the balance forward capital has been reduced from $26 million to $11.4 for next year due to money spent for road construction services and surface water programs; and as they are paid, the balance is reduced. Commissioner Carlson questioned the numbers for capital balance forward, expenditures and capital reserve numbers. Mr. Helmer elaborated on the numbers. Commissioner Carlson inquired if the numbers do not correlate perfectly; with Mr. Helmer responding no. Commissioner Carlson inquired what are non-operating expenses and why would they be more than operating expenses; with Ms. Wall responding it includes debt service. Commissioner Carlson noted the personnel changes; and inquired about the two other eliminated positions; with Mr. Helmer responding three were eliminated from the Road and Bridge Dredging Program; they eliminated one higher paying job from the administrative area and made two signal technicians; and the Department has one less position budgeted for next year. Commissioner Carlson stated five unfunded positions are shown; with Mr. Jenkins responding Facilities Maintenance had most of them. Mr. Helmer advised there was one in Road and Bridge. Commissioner Higgs inquired about the district service profile; with Mr. Jenkins advising those will be changing based on the cap it budget. Commissioner Higgs inquired about the figures for District 3; and expressed concern about the ratio and the accumulated money. Mr. Helmer stated a lot of that money will be paid out in the next fiscal year; with Commissioner Higgs advising she was told that last year. Mr. Jenkins inquired what will it be spent on; with Mr. Helmer responding shared purchases of a Grade-all and a backhoe; and $539,000 will be for dirt road paving, resurfacing and drainage projects. Commissioner Higgs inquired about the figures for last year; with Mr. Helmer responding over $1 million was shown for capital improvements last year. Commissioner Higgs stated she would like the projects to be produced at the smallest cost necessary; and she does not like to see long-term accumulated money. Public Works Director Henry Minneboo explained the problems at the end of the year. Commissioner Voltz inquired if there is personnel to spend the money; with Commissioner Higgs responding resurfacing is done by contractors.

Discussion ensued on number of employees in Road and Bridge, duties of Road and Bridge, not taxing if not spending, getting personnel to do projects, what Road and Bridge will do if the local option gas tax does not pass, maintenance, bonding current taxes, and list of road projects.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize bonding the existing Local Option Gas Tax funds; and direct staff to bring paperwork back to the Board. Motion carried and ordered. Commissioners Scarborough, Higgs, Carlson, and Voltz voted aye; Commissioner O'Brien voted nay.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Mr. Jenkins stated there is a meeting of the Finance Committee on August 5, 1999.

Chairman Scarborough stated Mr. Minneboo was successful in getting a $150,000 matching grant for aesthetic improvements; so he has $300,000 to beautify the interchange of U.S. 1 and SR 405 at the entrance to the Space Center; and advised of the project. He suggested other Commissioners talk to Mr. Minneboo if they want to double their money. Commissioner Higgs inquired about the Melbourne Causeway project; with Mr. Minneboo responding a match could be found.

BUDGET PRESENTATION, RE: TRANSPORTATION PLANNING DEPARTMENT

A staff person advised Bob Kamm could not be present as he had to attend an MPO meeting in Orlando today. Mr. Jenkins stated a request will be coming to the Board on August 3, 1999 for another person to work with Barbara Meyer on bicycle/pedestrian issues.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve a position for Transportation Planning to work with Barbara Myers, Bicycle/Pedestrian Coordinator.

Commissioner Higgs inquired how will it be funded; with staff responding it will be grant funded.

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

BUDGET PRESENTATION, RE: VALKARIA AIRPORT

Commissioner Higgs stated questions have been raised about a fence and the Super Unicom; and inquired would there be further discussions on the items in another venue; with Valkaria Airport Manager Jim Shimkus responding yes, they are all grant funded by Joint Participation Agreements with FDOT, and he will have to get Board approval. Commissioner Higgs inquired about the process; with Mr. Shimkus advising of the procedure to apply for the grant. Commissioner Voltz stated she does not want to get the grant and then not want it. Commissioner Higgs stated there is some concern that if the Board approves the budget as is that it is a done deal; with Mr. Shimkus responding it is not. Commissioner Voltz inquired about the status of the road surfacing and other projects; with Mr. Shimkus responding when he took over the position eleven months ago, he was tasked to complete four projects, and advised of the completion of two projects, and progress on the other two. Commissioner Higgs stated years ago when the projects were put on the list, they included some recreation; and inquired are any of those being implemented; with Mr. Shimkus responding there are no recreational activities in the proposed budget.

Chairman Scarborough advised there are individuals present to give public comment.

Dewey Leidal expressed appreciation to the Board for its efforts at the Valkaria Airport and to Mr. Shimkus for enforcing the rules; and stated everything seems to be working well.

Curt Lorenc advised in 1995 there was a five-year improvement plan approved for the Valkaria Airport with five projects; four of those projects are underway or have been completed; but advised the recreational area has not been started or money budgeted for it. He stated the Board has said it wants to complete the five projects before beginning any new projects; and he would like to see money budgeted in the preliminary budget for the recreational area. He suggested deferring new projects such as the super Unicom, which will be a heated issue; and advised of projects for which there is agreement between the pilots and the residents.

Commissioner Higgs stated the recreation area that is part of the five-year plan should be looked at; the budget should be left as it is; nothing needs to be done with the super Unicom at this point; and the Board can get the recommendations on the next five-year segment.

BUDGET PRESENTATION, RE: LIBRARY SERVICES DEPARTMENT

County Manager Tom Jenkins stated the Library Services budget will go up a little with the new millage that was discussed this morning.

Commissioner Higgs advised there is a problem at the Melbourne Beach site with the impact from an abutting gas station; and explained the problem. She advised it has not closed; the County has an option; and they do not know the cost to clean it up. Commissioner Carlson inquired if that will impact the grant money. Commissioner Higgs stated the site is not nailed down in the grant. Commissioner Carlson inquired if the money is earmarked for the three libraries. Mr. Jenkins advised it has gone through the ranking process, but the Legislature still has to fund it; and explained the process. He recommended the Board encourage the Legislators to fund all 16 library projects, because the County's projects are listed as 5, 15 and 16. Library Services Director Cathy Schweinsberg stated the State Library wants the counties to lobby their legislators. Commissioner O'Brien inquired about the matching funds; with Commissioner Higgs responding the citizens voted to put their money forward to match. Commissioner Higgs noted the environmental assessment indicates some difficulties from the abutting gas station. Mr. Jenkins stated that should be confirmed; and inquired if the Chevron station is not being required to clean up, then why should the County be afraid to build because it will not have to clean up either. Ms. Schweinsberg stated if the gas station is the source of the contamination, it would be in the federal cleanup program, and would be required to clean it up.

Chairman Scarborough stated earlier Commissioner O'Brien brought up the subject of computers; and inquired if the libraries could use some of the computers; with Ms. Schweinsberg responding yes. Chairman Scarborough recommended the libraries have top priority. Commissioner O'Brien commented on the use of scanners and computers.

Chairman Scarborough inquired how will salary compatibility be integrated in future budgets so the County is paying competitive salaries. Mr. Jenkins stated staff has Board direction and is working on a couple of areas; and it will be an ongoing process. Chairman Scarborough inquired when the Board will get the reports; with Mr. Jenkins responding he can have a report in less than 30 days.

Commissioner Higgs inquired how the need for books is covered in the budget; with Ms. Schweinsberg responding it is a top priority, and there is a good amount of money budgeted for books. Library Finance Director Frank Vessels advised $1.9 million is budgeted for new books, which is a slight increase over the previous year. Mr. Jenkins advised there will be additional dollars from the millage; and there were unfunded positions. Ms. Schweinsberg stated if there are additional funds, the first priority would be to fund the unfunded positions. Commissioner O'Brien inquired if the libraries are presently manned; with Ms. Schweinsberg responding it would be to staff the reference desk. Commissioner Voltz inquired if there will be enough to fund some of the positions; with Mr. Jenkins responding it is estimated there will be approximately $200,000, and the question is how the Board wants it spent. Chairman Scarborough suggested Mr. Jenkins and Ms. Schweinsberg get together and advise the Board by memo. Commissioner Higgs inquired about a self checkout system; with Ms. Schweinsberg responding they tried it, but it did not work; and they are asking to buy one to try the new model.

Commissioner O'Brien inquired instead of spending the extra money, is there any way of cutting the taxes; with Mr. Jenkins responding taxes could be cut, but the new facilities take people and books. Chairman Scarborough stated there are unfunded needs. Mr. Vessels advised in two or three years, they will have to absorb the additional cost of three new libraries. Commissioner O'Brien stated the $200,000 could be saved. Ms. Schweinsberg stated the new libraries were built, but there are still staffing needs because circulation has increased. Chairman Scarborough advised of the use of the North Brevard Library.

Discussion ensued on libraries and young people, library locations, surveying school children on availability of Internet, outreach, duplication of materials, and donations to libraries.

BUDGET PRESENTATION, RE: MOSQUITO CONTROL DEPARTMENT

Commissioner Voltz inquired if anything has been done for the South Beaches; with Mosquito Control Director Jim Hunt advising of the work being done there. Commissioner Higgs inquired if the committee is moving ahead; with Mr. Hunt responding affirmatively.

BUDGET PRESENTATION, RE: PUBLIC SAFETY DEPARTMENT

Commissioner Voltz inquired about the Harbor City Volunteer Ambulance Squad situation. Public Safety Director Jack Parker responded the transition is going well; almost all the field personnel are going to be hired; and they received 15 applications from administrative personnel, and have been able to place 12. Commissioner Voltz stated Mr. Jenkins said something about hiring the other three; with Mr. Parker responding they are making efforts to place them in any other jobs that are open. Mr. Parker stated the majority of people from Harbor City Volunteer Ambulance Squad have been positive, and are happy about the transition.

Commissioner Voltz inquired about all the municipalities involved; and stated she does not want this to be the County versus the cities. Commissioner Higgs stated the city fire people are making this into an issue that does not need to be; when all fire is put under a board, she might consider putting EMS under a similar board; but she does not think it should be structured any different; and she is disappointed with the way the fire services of the cities have treated the County's people. County Manager Tom Jenkins stated all the Board has done is exercise its authority and responsibility in providing emergency medical services on a Countywide basis; and it chose not to renew an agreement. Commissioner Voltz commented on response to Resolutions from the cities.

Discussion ensued on the Resolutions collected by Pat Poole, adoption of Resolutions to get rid of the issue, cities in Districts 3 and 5, Melbourne water rates and Palm Bay sewer issue, coordinated efforts, and Board doing its job.

Mr. Jenkins stated the County is not trying to take over the cities' fire services; and the County has no statutory authority to do so unless the city requests it. Commissioner Voltz stated Pat Poole took Commissioner Higgs' comment to mean the County wanted to take over everyone's fire service. Commissioner Higgs stated the comment was taken out of context. Mr. Jenkins advised of a meeting three months ago with City Managers and Fire Chiefs. Mr. Jenkins stated Palm Bay wants to get into the ambulance business; with Commissioner Voltz responding the City is prohibited from doing that by its Charter. Mr. Jenkins stated the Melbourne Fire Department is concerned about having County fire trucks in the City of Melbourne. Commissioner Voltz stated she wants to be sure none of the Commissioners are going to turn on the issue. Mr. Jenkins stated a lot of money has been spent already to implement the plan before October 1, 1999. Chairman Scarborough inquired when Ms. Poole will be on the Agenda; with Mr. Jenkins responding she has not requested that. Chairman Scarborough stated it is hard to know how to respond until you know what is going to be said; and advised of a meeting with Ms. Poole where she provided written materials. Mr. Jenkins stated if the Board does not do this, there will be a debt of $3 million or $4 million and no way to pay for it.

Commissioner Higgs stated the assessment is forecast to be $34.99; she asked for information on what could be done with the assessment if the per trip charge was raised; the current per trip charge per ambulance is $275; the current balance between fee and assessment is approximately 50/50; and if the fee was raised to $375, the assessment could be decreased to $31.69. Commissioner Higgs advised of fees charged in other counties. Mr. Jenkins stated that is what it is in North Brevard. Discussion ensued on percentage of patients with insurance and Medicare, collection rate, shifting to usage fee, how much insurance will pay, cost to users, percentage of patients who do not have secondary insurance, and Medicare payment rate.

Mr. Parker stated in the region other counties are slightly above Brevard County; there has been incentive to get the rate up a bit; and the County would probably not see a positive effect for a couple of years because it takes some time for Medicare to reassess and put a new formula out. Commissioner O'Brien inquired how many patients are delivered to the hospital every year; with staff responding this past year 12,000 in North Brevard, and 15,000 in Central Brevard. Discussion ensued on the rates and assessment, oxygen and mileage fees, average charge of $305, what Medicare will pay, County having one of lowest rates in Central Florida, $2.7 million in revenue, and 75% collection rate. Chairman Scarborough requested staff answer the questions in memo form. Mr. Jenkins advised this would have to come back to the Board in the form of a rate resolution. Chairman Scarborough stated this does not have to be done to set the tentative millage on Tuesday; and suggested moving on to the tentative millage issues.

Mr. Parker stated staff will have to advertise for public hearing August 24, 1999; and the intent is to advertise the assessment at the $34.99 rate; but it can be reduced if the Board decides to go with a higher user fee.

Commissioner Higgs stated the intent is to raise the Micco rate. Mr. Parker recommended the South Assessment Area be reduced from the Grant, Valkaria and Micco area to just include the Micco area, and that assessment be called the Micco Assessment Area; and the remaining portion of the South Assessment Area, in combination with the Central and North Assessment Areas, be joined in a Countywide Benefit Unit. Commissioner Voltz inquired why the Micco area will stay at the higher rate and not be billed. Mr. Parker responded Micco is a different area; and it is the only place in the County where there is a split crew, where two people can go on an ambulance or on a fire engine. Mr. Jenkins stated the reason they are able to do it is because of the large volunteer department. Commissioner Voltz inquired if the rest of the County subsidizes that; with Mr. Parker responding absolutely not. Mr. Parker advised of call loads in Micco; stated realistically the EMS rate should pay for 2/3 of the service, and the Countywide MSTU should pay for 1/3; and that will result in an increase to the assessment from $42.30 to $52.30. He advised of meetings with the Micco residents who indicated a preference to an increase in the assessment. Mr. Jenkins advised this is not the time to take this issue on as the Board has its hands full with the Harbor City issue. Chairman Scarborough inquired if it needs to be done this year; with Mr. Jenkins responding yes. Commissioner Voltz inquired what if everybody wants to do that; with Mr. Jenkins responding it cannot be done. Commissioner Higgs stated it could be done if everybody provided the same level of volunteer contribution and was satisfied with not having two rigs with two separate crews; and explained how things work in Micco. She stated there seems to be support for the higher assessment; and she will be meeting with them again. Commissioner O'Brien inquired about Barefoot Bay; with Commissioner Higgs responding it is Micco/Barefoot Bay. Commissioner O'Brien inquired if under this plan, the County will still collect Medicare/Medicaid; with Mr. Parker responding not from that area.

Discussion ensued on Micco paying a higher price to not have a bill, not taking advantage of funding that could result in lower assessment, most residents having Medicare, residents not wanting to burden the Medicare system, fear about rising trip rates, and residents making the choice. Commissioner O'Brien inquired if the assessment will cover the cost; with Mr. Parker responding affirmatively.

BUDGET PRESENTATION, RE: SUPERVISOR OF ELECTIONS

Supervisor of Elections Fred Galey stated the one unfunded item is a GIS computer operator to assist with redistricting; and Ms. Wall arbitrarily pulled out $100,000 which will affect his ability to split precincts and which included a $5 raise for the poll workers.

Commissioner Carlson stated she hired one of Mr. Galey's staff persons when she came on board; and inquired if Mr. Galey has replaced him. Mr. Galey responded he converted that position to a registration records clerk. Commissioner Carlson inquired if that is a comparable cost; with Mr. Galey responding no, he will have a little advantage. He noted he has given back money every year from his budget; he wants to continue to try to do that; but he needs flexibility because when election time comes, he has to be ready. He stated the State Association of Supervisors of Elections has been pushing to get rid of the second primary which is very expensive with very low turnout. Commissioner Carlson inquired if that goes through the Legislature and is approved, will it leave money to fill the GIS position. Mr. Galey responded it will not happen this year; but in 2001 anything is possible because of all the redistricting. Commissioner Carlson inquired about the timing; with Mr. Galey responding he has to start the training now because it will be done with the 2000 census, and it will all be done in 2001. He advised the last redistricting wound up in a court battle; and he hopes it is not a battle this time. He advised of attempts to get boundary lines redrawn. Chairman Scarborough inquired if there is any capacity for a co-position between the Supervisor of Elections and the Property Appraiser for the GIS work. Mr. Galey stated he works with Mr. Ford now, but response time is not what he would like sometimes; the position he is talking about is a separate program that ties to the GIS; and he will split as many as ten precincts. Chairman Scarborough commented on need for positions on a long-term basis and on a shared basis. Mr. Galey stated he will continue to need the position; advised of the advantages of being able to print out current precinct maps; and stated with the $100,000 he also plans to expand the way the sample ballots are done. Commissioner O'Brien stated he requested paperwork to see if there is any pattern showing funding to go down in off-years and back up on the voting years; and went over the figures. Mr. Galey stated the County is continuing to grow and he is continuing to expand the number of precincts; that takes more poll workers, equipment, etc.; and every time voters are added, it adds to maintenance costs. He stated he planned a solid budget, and tries to manage it as best he can because turning money back is more fun than asking the Board for more money. Commissioner O'Brien continued to review the figures for compensation and benefits; and inquired how many personnel does Mr. Galey have; with Mr. Galey responding 29 including himself. Commissioner O'Brien stated $73,000 is not a great amount of money; and the amount sent back to the County is good; but he is trying to make sense of on-years and off-years. Mr. Galey stated in the off-years, they try to buy some of the extra supplies.

BUDGET PRESENTATION, RE: TRANSIT SERVICES DEPARTMENT

Chairman Scarborough stated Transit Service Director Jim Liesenfelt has a new baby; and inquired if anyone has any questions about his budget. No response was heard; and Mr. Liesenfelt was excused.

BUDGET PRESENTATION, RE: SUPERVISOR OF ELECTIONS (CONTINUED)

Commissioner O'Brien requested Mr. Galey meet with him so he will understand the numbers.

Commissioner Voltz inquired what is going on with the voting equipment; with Mr. Galey responding the Board will consider it at the first meeting in August. He stated ES&S should be pulled out of the competition because what they are trying to push on the County is not certified in the State; and Global and Sequoia are both certified. He stated he has letters from the Division of Elections as well as from Wyle Labs; and the only thing they have to do is their final certification on Y2K. Commissioner Voltz inquired when will that be; with Mr. Galey responding their equipment is Y2K compliant; but before the Board meeting, he will have a letter showing they meet the requirements. He advised ES&S is not certified, nor is there action for it to get certified; and equipment was promised to Bay County two years ago, but they are still waiting. Chairman Scarborough stated when there is a public hearing, one party cannot be excluded from the discussion. Commissioner Higgs stated Mr. Galey should make the announcement at the public hearing; with Chairman Scarborough agreeing it should be put on the record.

Discussion ensued on the possibility of a lawsuit.

Commissioner O'Brien stated what he would like to see from any vendor is a guarantee that there will be no Y2K problems, and if there are any that the County will be given immediate service and the company will pay a fine. Commissioner Carlson requested Mr. Galey supply information on areas of concern, a recommendation, and the advantages and disadvantages of going with one company or another.

BUDGET PRESENTATION, RE: ECONOMIC DEVELOPMENT COMMISSION

Commissioner Voltz inquired if the budget is the same; with Budget Director Kathy Wall advising it is a status quo budget.

Commissioner O'Brien advised Ms. Weatherman had been requested to work on a catastrophic emergency management economic development plan showing how the County would try to recover economically from a tragedy; if Ms. Weatherman is starting to get involved in those kinds of programs, it will take away from the real goal of the EDC; and the EDC should be asked to set finite goals, which is to get the jobs. He requested the broad spectrum be brought back to the finite focus; advised of previous success of the EDC; and stated someone else should be able to do the emergency economic plan. Mr. Jenkins stated Mr. Lugar should be able to do that plan; with the Board agreeing.

EDC President Lynda Weatherman stated Commissioner O'Brien makes a valid point; and in the quarterly report, they will acknowledge when they do things at the request of the County.

Commissioner O'Brien stated Ms. Weatherman was not complaining about it; but it is taking Ms. Weatherman away from the primary task.

BUDGET PRESENTATION, RE: MERRITT ISLAND REDEVELOPMENT AGENCY

The Board asked no questions concerning the MIRA budget.

BUDGET PRESENTATION, RE: TOURISM DEVELOPMENT OFFICE

The Board asked no questions concerning the TDC budget.

BUDGET PRESENTATION, RE: INFORMATION/COMMUNICATIONS SYSTEMS DEPARTMENT

Commissioner Voltz inquired if the County is Y2K compliant; with Mr. Jenkins advising he is cautiously optimistic.

BUDGET PRESENTATION, RE: SOLID WASTE MANAGEMENT DEPARTMENT

The Board asked no questions concerning the Solid Waste Management Department budget.

BUDGET PRESENTATION, RE: WATER RESOURCES DEPARTMENT

Water Resources Director Richard Martens advised the rates will stay the same.

Commissioner O'Brien advised there is no water shortage through the year 2020, but a severe drought may impinge on the supply for a short time.

BUDGET PRESENTATION, RE: MELBOURNE-TILLMAN WATER CONTROL DISTRICT

Mr. Jenkins advised there will be zero increase in the Melbourne-Tillman Water Control District budget.

BUDGET PRESENTATION, RE: TITUSVILLE-COCOA AIRPORT AUTHORITY

The Board asked no questions concerning the Titusville-Cocoa Airport Authority.

BUDGET PRESENTATION, RE: BREVARD CULTURAL ALLIANCE

Commissioner Carlson inquired about going after grants for the unfunded amounts; with Brevard Cultural Alliance Director Kay Burk responding they are not eligible for as much money from State sources.

Discussion ensued on cost of grants for all cultural groups, what the County supplies to Brevard Cultural Alliance, funding BCA but charging rent for space, rules and procedures for grant programs, beautification of public buildings, BCA staffing, and fundraising efforts.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to fund BCA an additional $25,000.

Commissioner O'Brien recommended the Board not spend more tax dollars.

Chairman Scarborough called for a vote on the motion. Motion did not carry; Commissioners Scarborough and Carlson voted aye; Commissioners O'Brien, Higgs, and Voltz voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to fund Arts in Public Places at $12,500.

Commissioner O'Brien advised the Board would not have to raise taxes if it stopped spending money.

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

Commissioner Voltz stated the funding should come from private sources. Discussion resumed on contributing to the arts, cost of quality community, taking BCA to the $40,000 threshold, leveraging dollars, and readdressing rent issue.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to take the $12,500 from CBO funding to fund the Arts in Public Places.

Chairman Scarborough stated this is taking it from someone else's pocket. Commissioner Higgs stated the $12,500 will go directly to the art that is being hung in the Government Center buildings, and if it has to come from anywhere, it should come from Facilities Management. Commissioner Voltz inquired why it costs $12,500 to hang art; with Ms. Burk explaining the costs including, framing, transporting, and materials to hang or display the art work.

Chairman Scarborough called for a vote on the motion. Motion did not carry; Commissioners O'Brien and Voltz voted aye; Commissioners Scarborough, Higgs and Carlson voted nay.

The meeting recessed at 3:02 p.m. and reconvened at 3:10 p.m.

DISCUSSION, RE: MISCELLANEOUS BUDGET ISSUES

Commissioner O'Brien stated last year there were unexpended funds, and the Board voted to spend $25,000 on the health insurance premiums for uninsured low-income children; now the program is at $101,000; if the State wanted every child to have health insurance, this would have been passed in Tallahassee for the State to pay for; and the Board should not be funding this or increasing funding for the Community Based Organizations. He stated the Board can lower the budget by eliminating programs like this one; and recommended removing both programs.

Chairman Scarborough advised of the use of tax dollars to leverage grant dollars. Commissioner Voltz stated they are requesting the State Legislature not make them have a local match for the insurance premiums. Commissioner O'Brien recommended waiting until it comes back from the State; with Commissioner Voltz responding then children will not be insured, and the County will end up paying anyway.

Discussion ensued on what was done in previous years, taking care of children from 0 to 6 years of age, funding from School Board and Health Department, cooperative efforts, insuring all 14,000 children or none at all, leveraging local dollars, and saving at lower end coming out at upper end. Commissioner Higgs inquired if there is any way to get the ambulance assessment and fee down to the level that Harbor City Volunteer Ambulance Squad proposed at $29; and requested the Board direct the County Manager to look at the EMS budget for anything which could be deferred, delayed, or changed, etc. to reduce the assessment. Commissioner Voltz stated she could support that.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct the County Manager and Budget Director to review the EMS budget to see if there is anything that can be deferred, delayed or changed to bring the assessment down to the amount proposed by Harbor City Volunteer Ambulance Squad at approximately $29. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, to direct that 80% of the children being serviced by the Uninsured Low-income Children's Program must be in demographically lowest income areas of the County. Motion died for lack of a second.

Commissioner Voltz stated there are guidelines that have to be followed. Commissioner Higgs noted the children are those that are not covered by any other program such as Medicaid; so the lowest income person is not going to qualify. Commissioner O'Brien inquired about parameters for parental income; with Commissioner Higgs responding there is an income parameter and a sliding scale depending on ability to pay. Commissioner O'Brien inquired why do they not qualify for Medicaid; with Commissioner Higgs responding there is a group of people who make too much money to be on Medicaid, but not enough money to be able to afford insurance.

APPROVAL, RE: CANCELLATION OF MEETING

County Manager Tom Jenkins stated there was a conflict on October 5, 1999 meeting date; and recommended canceling it.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to cancel the October 5, 1999 Board meeting. Motion carried and ordered unanimously.

APPROVAL, RE: RESCHEDULE CITIZENS JAIL REVIEW COMMITTEE REPORT

County Manager Tom Jenkins stated the Board requested the Citizens Jail Review Committee to provide an interim status report on August 3, 1999, but the Agenda for that date is already full; and suggested moving it to August 17, 1999.

Commissioner Voltz stated there has not been a meeting; and she does not know who is in charge.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve rescheduling the Citizens Jail Review Committee Report from August 3 to August 17, 1999. Motion carried and ordered unanimously.

DISCUSSION, RE: PUBLIC HEARING TO CONSIDER PERFORMANCE BASED ZONING STANDARDS

County Manager Tom Jenkins stated the Board scheduled a second public hearing to consider performance based zoning standards on August 12, 1999; but Mr. Kendig will be unable to attend due to another commitment which he has been unable to cancel. Chairman Scarborough stated the Board has Mr. Kendig's report; it should be a discussion of what the community wants; and it may be advantageous not to have Mr. Kendig present. Assistant County Manager Peggy Busacca advised Mr. Kendig will be present for the first public hearing. Discussion ensued on Mr. Kendig coming on another date, extracting Mr. Kendig from the process, and the methodology.

DISCUSSION, RE: ORDINANCE DEALING WITH POWER PLANTS

County Attorney Scott Knox stated last week the Board asked him to look into whether the County could adopt a certification process for electrical power plants; he reviewed the laws and regulations from the Department of Environmental Protection and the participation of the Public Service Commission in the process; and the County could get involved in that area to the extent that it is dealing with power plants not already regulated by State law. He noted there are some that would be excluded, such as the Oleander Power Plant, but he set forth a list of criteria.

Commissioner Voltz inquired if Oleander is excluded; with Mr. Knox responding he does not see how it could be applied to Oleander because by the time the Board takes action, it will be past the moratorium deadline.

Chairman Scarborough stated there is interest in this because the OUC plant has been sold; Roger Heinig advises the plant is antiquated; and it would be easy to bring in similar type operations. He stated State law is driving the single cycle plant which is less efficient; the proposed ordinance would put the dual and single cycle on an even playing field; and it would be possible to force higher efficiency plants. He advised of Attorney Leonard Spielvogel's argument that high efficiency plants will drive the antiquated plants out of business; and explained how more energy is captured by dual cycle plants.

Commissioner Voltz stated the issue with Oleander was that it could turn on and turn off quickly. Chairman Scarborough stated the same can be done with a dual cycle; and explained how it is done. Commissioner Carlson stated even if the Board adopts the ordinance, it will not keep any power plant out of the County; but it will cause the peak power plants to go through the same process as the combined cycle plants.

Discussion ensued on higher efficiency plants driving old plants into competitive mode, transitioning to more efficient plants, deterrent for peak power plants, combined cycle's ability for peaking, and which plants come under the Siting Act of the State.

Commissioner Carlson stated another issue is when the Buccaneer pipeline comes through; and the Board needs to look at the siting of power plants in general. She recommended looking at what is on the ground in terms of industrial usage; and stated right now Buccaneer has three clients who may be here soon. Chairman Scarborough commented on the advantages and disadvantages of the pipeline. Commissioner Carlson stated the issue about the Power Plant Siting Act is that it is based on public need; the County could be power plant alley if it wanted to be; and there is no way to stop that based on existing law. Commissioner Carlson stated it has to be defined in land usage where they can be located.

Chairman Scarborough advised of the emissions of FP&L drifting southerly; and stated if there was something burning clean, there might not be the opposition there is to FP&L.

Assistant County Manager Peggy Busacca advised the ordinance talks about siting review at the local level; and inquired if the Board wants staff to put language together so this would be part of a conditional use permit and be considered under performance standards. Chairman Scarborough recommended Ms. Busacca and Mr. Knox put options together. Mr. Knox recommended a stand-alone ordinance separate from performance based standards.

Commissioner Carlson inquired if this would be included as a standard under the industrial performance based zoning. Mr. Knox stated it could be if the Board desired, or it could be completely separate.

Chairman Scarborough stated there are three subjects, one is siting a power plant, another is how a neighbor responds to what is going on his neighbor's property which is performance, and last are environmental issues. He recommended each issue stand separately; and commented on differences.

Commissioner Voltz stated criteria 12 says that a plant would need to meet requirements of any local air pollution standards adopted with DEP concurrence; and the Board has not discussed that. Chairman Scarborough inquired if that is prudent. Commissioner Voltz advised it is not cost effective. Commissioner Carlson stated what is needed is enforcement through DEP. Chairman Scarborough stated he wants single and combined cycles to be under the same rules; and as soon as they see that they are under the same rules, they will go for the combined cycle plants.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct the County Attorney to put together options for an ordinance to deal with power plants, and bring it back to the Board.

Ms. Busacca stated if it is part of the CUP, they would just have to add one line in the existing Ordinance. Chairman Scarborough, Commissioner Higgs, and Commissioner Carlson indicated desire to have a stand alone ordinance rather than have it part of a CUP.

Chairman Scarborough stated Commissioner Voltz brought up whether there should be local air pollution standards; with Commissioner Voltz advising that would be very expensive. Commissioner Carlson stated when the Board starts talking about minimum adverse effects and undue conflict, it is getting into the kind of CUP stuff it is trying to get away from; and recommended the options be specific.

Chairman Scarborough stated if the Board requires single cycle to meet the same requirements as the State requires for siting, there may be some way to contract with the State to do that for the County. Commissioner Higgs stated the County would have to pay the State; with Chairman Scarborough advising the cost could be passed on to the applicants.

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

Commissioner O'Brien inquired if by creating the ordinance, the County could face a court order finding it has purposely created an ordinance to prevent a legal power plant. Commissioner Voltz stated it is not preventing Oleander, and that is the only one in the pipeline now; and the ordinance will be in place for anybody else. Chairman Scarborough advised if the State changes its rules, the County's ordinance may cease to be an issue. Commissioner O'Brien stated Oleander is right next to a major transformer which is next to the major power plants, so it does not have to buy rights-of-way; and there may be no other location. Commissioner Carlson suggested asking Oleander what other locations it was considering. Chairman Scarborough stated the OUC site could easily accommodate peaking capacity. Commissioner Voltz stated that may be the only site that is left which meets all the specifications; with Chairman Scarborough advising he does not believe that. Commissioner Carlson stated the Board will be asking staff to look at the Land Use Map to advise where those possibilities might be.

Discussion ensued on Buccaneer pipeline, people knowing where power plants could be located, easements, pipeline running up to OUC, Oleander and FP&L properties, and gas lines in Celebration being under the sidewalk.

DISCUSSION, RE: IMPACT FEE STUDY

Commissioner Carlson inquired when the impact fee study will come back to the Board; with County Manager Tom Jenkins responding the first step will be to get the Board to approve the scope of services for the workshop meeting and the contract to go with that. Ms. Busacca advised that will come to the Board on August 3, 1999. Mr. Jenkins stated the workshop will probably be held in October; the consultant will come to give an overview about impact fees, recent court decisions, and what is topical and current; and then the consultant will act on whatever the Board directs.

DISCUSSION, RE: VISIONING AND CHARTER OFFICERS

Commissioner Carlson stated the Board went through the visioning process with the County departments, but has not done anything with the Charter officers; and suggested attempting to communicate with the Charter officers including the School Board to do some visioning and see if there can be cooperative agreements. She inquired if the School Board would be interested in a joint meeting; with Commissioner Voltz responding the Board has been trying to do that for at least three years. Chairman Scarborough stated he and Mr. Jenkins met with Superintendent Sawyer, and he asked if thee was any interest in a meeting and was told no.

Discussion ensued on meeting with the School Board in 1994, School Board not having level of accountability, combining talents, Board's ability to assess impact fees, and School Board never asking for impact fees to be levied.

Commissioner Carlson inquired why will the School Board not come to the table to talk about it; with Chairman Scarborough responding he could write to the School Board Chairman. Commissioner Higgs suggested sending the School Board a letter advising of the date of the Impact Fee Workshop.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to direct the County Manager to send a letter to the Brevard County School Board advising of the Impact Fee Workshop in October, 1999.

Commissioner O'Brien suggested whoever comes before the Board from the School Board should be first on the Agenda. Commissioner Carlson inquired how can the Board get the lines of communication open. Chairman Scarborough stated the letter will say the Board is going to discuss impact fees, Florida law allows the Board to enact impact fees for schools, and request the School Board discuss the issue and advise if there is an interest.

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

Commissioner Carlson inquired about visioning with the School Board; with Commissioner Higgs responding once the Board conquers its visioning, then it may be able to do that. Chairman Scarborough stated the Board can ask about that as well.

DECLARATION OF PUBLIC PURPOSE, RE: FOOD FOR EVENING MEETINGS

Chairman Scarborough stated the Finance Department has indicated the Board cannot have snacks at its evening meetings unless it votes to approve it at a public meeting. County Manager Tom Jenkins advised it must be declared a pubic purpose. Chairman Scarborough stated if a Commissioner goes without food for more than twelve hours, he or she will not be able to render opinions intelligently.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to declare the purchase of food for the Commissioners at evening meetings to be a public purpose; and authorize the purchase of such food. Motion carried and ordered unanimously.

DISCUSSION, RE: SUNSHINE LAW

Commissioner Higgs stated yesterday at the Regional Planning Council an issue arose about the Miccosukee Indian Tribe versus the South Florida Water Management District in regard to Government in the Sunshine Laws; the Regional Planning Council had a selection committee that met that may not have fully complied with the Sunshine Law; and requested the County Attorney research the case and the implications it might have.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct the County Attorney to research the Miccosukee Indian Tribe versus the South Florida Water Management District case concerning selection committees operating under the Sunshine Law, and report on the implications so the Board can insure it fully complies with all aspects of the law. Motion carried and ordered unanimously.

Commissioner Carlson inquired if selection committees created by the MPO are governed by Sunshine Law; with Commissioner Higgs responding affirmatively. Commissioner Carlson inquired if it would have to be noticed; with Commissioner Higgs responding yes. Commissioner Carlson requested staff check to insure that all the groups being created are complying; with Ms. Busacca advising they are complying. County Attorney Scott Knox advised they are all Sunshine committees. Discussion ensued on negotiating committees meeting with people, and letter from Assistant County Attorney Shannon Wilson advising of the Attorney General Opinion.

Commissioner Carlson inquired if the selection committee meeting she went to was advertised; with Ms. Busacca responding yes. Commissioner Higgs stated the Miccosukee Indian Tribe posted notice on the door, but did not advertise.

LETTER, RE: POWER PLANT

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize Chairman Truman Scarborough to execute a letter to Senator Patsy Kurth requesting the Legislature review the Electrical Power Plant and Transmission Line Siting Act, and correct the deficiencies that exempt single cycle power plants from stringent review by the State, thereby increasing their usage within the State. Motion carried and ordered unanimously.

LETTER, RE: TRANSFER OF MARINE PATROL DUTIES TO BREVARD COUNTY

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize Chairman Scarborough to execute a letter to Allan L. Egbert, Ph.D., Executive Director of the Florida Fish and Wildlife Conservation Commission, concerning transfer of Florida Marine Patrol duties to the County. Motion carried and ordered unanimously.

Upon motion and vote, the meeting was adjourned at 3:56 p.m.

ATTEST:

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
( S E A L )