September 6, 1995

The Board of County Commissioners of Brevard County, Florida, met in special session on September 6, 1995, at 5:30 p.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

Chairman Higgs led the assembly in the Pledge of Allegiance.

PRESENTATION, RE: TENTATIVE BUDGET

Budget Director Kathy Wall stated the County's budget is a written expression in financial terms of the County's goals and objectives for the coming fiscal year and the resources it will take to accomplish these objectives; the Board annually adopts an operating budget which matches projected revenues with the expenditure needs of the County; and it communicates to the community the County's fiscal plans and provides for a system of checks and balances. She described the process of development of the budget. She stated the County's tentative Fiscal Year 1995-96 budget is $488,122,003, which is a $16,210,987 increase from the recommended budget submitted to the Board in July, 1995. Ms. Wall stated the changes in the budget are the result of the adoption of the tentative millage on August 8, 1995 generating an additional $3,129,901 in ad valorem revenues, an increase of General Revenue Fund Reserve by $2,285,994, an increase in Law Enforcement MSTU Operating Expenditures of $540,503, and increases in Road and Bridge Districts 2, 3 and 5 MSTU Operating Expenditures of $303,404. She stated it also amended the County's Capital Project Funds by $9,717,999 for the Justice Center and other capital projects; it reflects the $421,414 for the Port St. John/Canaveral Groves Recreational MSTU; and it includes $353,431 for the collection of occupational licenses, and increased projections of Cash Forward of approximately $1 million. She stated the aggregate ad valorem rate included in the tentative budget for FY 1995-96 is 6.9349 mills which is a decrease of 1.21% over the FY 1995-96 rollback millage; it includes a decrease in the general Countywide millage, the Library District millage, the Mosquito Control millage, and the Titusville-Cocoa Airport Authority; and it also includes increases in the Law Enforcement Countywide MSTU and the Road and Bridge Districts 2, 3 and 5 MSTU's. She stated the total tentative ad valorem millage equates to $1.90 decrease over the FY 1994-95 ad valorem millages for the average single-family home in the unincorporated area of the County. She stated the decrease for the same resident in the incorporated area is $8.95. She noted staff has assessed the spending as a consequence of Hurricane Erin; it is recommended that the Board consider setting aside $100,000 from the County's tentative General Revenue millage to cover unforeseen expenditures. She stated the purpose of tonight's meeting is the final adoption of the Melbourne-Tillman Water Control District budget and fees, and the budgets for the Solid Waste Management Department, the Emergency Medical Services Benefit Units, and Surface Water Improvement Districts as well as tentatively adopting the County's FY 1995-96 millages and budgets. She advised a final public hearing will be held at 5:30 p.m. on September 20, 1995 to adopt in final form the County's FY 1995-96 millages and budget.

Commissioner Cook stated staff is using $70,000 as the average market value of a home, taking off the $25,000 homestead exemption, bringing it to $45,000; but the Property Appraiser's Office advises the average taxable value of the single-family residence in Brevard County is $50,000. Ms. Wall stated Maurice Roy of the Property Appraiser's Office advises the average single-family home is $70,770 as of January 1, 1995. Commissioner Cook stated the average taxable value might be a more accurate figure; and it is $50,200. Discussion ensued on the taxable values.

Commissioner O'Brien suggested using a price of $100,000 per home for the sake of making the mathematics easier.

Chairman Higgs requested anyone wishing to speak fill out a speaker's card.

PRESENTATION, RE: CITIZEN BUDGET REVIEW COMMITTEE

Chairman of the Citizen Budget Review Committee Bob Lynn advised of the background and charter of the Committee. He stated the Commissioners received a copy of the Committee's report on the FY 1995-96 budget; and his primary purpose tonight is to answer questions the Board may have. He stated the report is divided into three sections; the first is the introduction; and advised of a mistake in naming the District 5 representative. He stated all of the staff members with whom the Committee interfaced were very cooperative, and dedicated to serving the citizens of the County. He noted the Board's direction to reduce the budget by 5% required a lot of work on the part of the County Manager; the County Manager provided excellent guidance, direction and support to the staff in that process; and his support to the staff was critical to the Budget Office. He stated the Budget Office has been in existence for four years; each year the budget is progressively improved; and this year's budget was revolutionary, going from a line item to a program budget. He stated this year's budget is superb in comparison with previous years; and complimented the Budget Office for its good work in the past year. He stated the County was the recipient of the Distinguished Budget Presentation Award by the Government Finance Officers Association; and it is important for the people to realize that the Commissioners and staff are dedicated to the high standards of government budget. He stated the next section of the report contains various observations and recommendations on the budget process, and addresses issues that are applicable to more than just one department. He stated the CBRC is pleased with the implementation of the program budget, which is an improvement over the line item budget, and provides better visibility of the programs and projects in the various government departments; and it will become a valuable tool to the staff, Board and the citizens. He stated there are a number of recommendations for improvements and changes to the budget format; and CBRC will work with the Budget Office and the County Manager to make those changes. He stated it is important for the Board and staff to view the budgeting process as continuous throughout the year; and it is incumbent upon staff to get to the Board early with high dollar budget requirements and policy decisions that need to be made. He stated one Department had over $5 million in unfunded projects; the director indicated that even if the Board provided all the funds requested, he would not be able to execute that program; and that is wrong because if something appears in the budget, it should be executable in that particular year. He stated it is important to prioritize the CIP and unfunded projects. He stated the last section of the report contains observations and recommendations identified to specific departments. He advised of on-site reviews of the Titusville-Cocoa Airport Authority and the Valkaria Airport Authority, and the conclusions reached. He recommended centralization of the County's airport operations at Tico Airport. He noted the Titusville-Cocoa Airport Authority indicated it would be willing to manage the Valkaria facility, subject to a detailed review of expenditures and receipts.

Commissioner O'Brien stated the CBRC believes the issue with the EDC is not funding, but a policy decision on the part of the Board to select an organization best suited to execute the responsibility of attracting business; and viable options are listed. He noted a third option is not listed whereby the County would contract with EDC and establish and fund an office in the County government. Mr. Lynn stated he does not think the Committee would have a problem with that as long as it is not duplicative. He stated the CBRC is committed to holding down the number of government employees; and as long as the functions are not duplicative, that would be fine. He stated the primary focus should be letting a contract to the EDC for a minimum of a three-year period with specific deliverables, and with the Commissioners represented on the Executive Committee. Commissioner O'Brien stated the Board addressed that issue in the same way. Mr. Linn stated last year $170,000 was given to the EDC; and he does not know what was done with that money. Commissioner O'Brien stated that has been the Board's question also.

Chairman Higgs inquired if the Committee asked for the quarterly reports of the EDC; with Mr. Linn responding no.

Commissioner Cook recognized the efforts of the CBRC.

Commissioner O'Brien stated the report says it is obvious that the Constitutional Officers did not comply with the intent of the Statute; and it is disservice to not fully participate in the budget process. Mr. Linn stated the Constitutional Officers do not participate in the budget process for Brevard County; the citizens deserve to know how that money is being spent; and the Constitutional Officers need to come forward and justify their requirements. He cited the example of the Sheriff's budget. Commissioner O'Brien inquired if the Board should demand the data of them, or what action should be taken to correct that. Mr. Linn responded it is incumbent upon the Commissioners to demand they do so. Commissioner Cook stated that is something for next year; the Constitutional Officers are required to submit the budget in a form proscribed by the Board; and while the Board has made that request, it has never gotten it that way. Commissioner O'Brien commended the CBRC for its job.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to accept the report of the Citizen Budget Review Committee. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: COUNTY'S TENTATIVE BUDGET FOR FY 1995-96

Chairman Higgs called for the public hearing to consider the tentative budget for FY 1995-96.

Announcement of Tentative Aggregate Millage Over the Rolled Back Rate

Management Services Director Michael Managan announced the tentative aggregate millage rate is 6.7523 mills which is a 1.21% decrease over the aggregate rolled back millage rate of 6.8349 mills.

Public Comment

Chairman Higgs advised of the procedure and time limits to address the Board.

Vera Walker, 28 Mitchell Street, Cocoa, representing AAUW, stated the AAUW was founded on the belief that a complete education includes the liberal arts; all that is known of history comes from the art; and art is essential. She stated there are many children in school who stay in school only because of their art and music activities; with the emphasis on science and math as a way of earning a living, it is essential that people have opportunities to refresh and take part in other kinds of activities; and there would not be cultural advantages in the County without public support. She stated thirty-two cents per household is a minimum; and requested the Board restore the $100,000 for the support of the arts that was previously in the budget.

John C. Emery, 552 S. Magnolia Avenue, Melbourne, advised of his background; and stated the move to restrict funding has no effect on his personal income, but it does have an effect on people who are not professional artists. He expressed support for restoring the funding for the arts. He advised of programs for the public which will be cut back as a result of lack of funding. He recommended the funding for the arts be restored.

George McFarland, 3115 Water Oak Drive, Merritt Island, representing the Law Library, requested the Board restore the money for the unfunded Law Library items. She stated the first item was the cost of moving the compact shelving into the new Courthouse; if that is not done, there will not be enough shelving to put the books on; and it is not an item that was included in Mr. Muller's budget for the move because this is something the vendor of the shelves must do. She stated the next item was $12,752 to set up the hardware for the CD network; and advised how it will enhance the small staff's ability to deliver legal information. She stated the last request was for $2,500 to buy work stations for the staff; all other furniture and shelving has been previously purchased and is in use; and it will be moved to the new facility. She stated the cost to keep the library open on Saturday and for a couple of evenings each week would be $28,500 for two part-time librarians and $7,000 for security guards to stay on the gate. She stated the Library Board recommends a law enforcement officer be on duty to protect staff and the members of the public who use the library during the extra hours. She stated they are willing to provide the service, if the Board desires; but it cannot be done with the present staff of 3.5 positions.

Commissioner O'Brien inquired if it would be feasible to change the hours; with Ms. McFarland responding the library needs to be open the hours the courts are open so it is not feasible. Commissioner O'Brien inquired what time do the courts start; with Ms. McFarland responding she does not know what time the courts start, but people start coming into the library at 8:00 a.m.

Commissioner O'Brien inquired if the courts start at 9:00 a.m., would it be feasible to open at 9:00 a.m. and stay open until 6:00 p.m. Ms. McFarland advised many of the courts start at 8:00 a.m., but it varies from court to court, from day to day. Commissioner O'Brien stated if the goal is to find a method to let someone utilize the library for an extra hour after 5:00 p.m., that may be one method of doing it. Ms. McFarland stated that is something that can be looked at, but she is afraid the schedule would be so variable, it would be difficult to plan for.

Chairman Higgs inquired if the library can be operated with 2 people at one time and 1.5 at another time to accommodate some of the hours of concern. Ms. McFarland responded she has looked at that; but a minimum of two people is needed. Chairman Higgs suggested there could be some shifting. Ms. McFarland stated she cannot figure any way of shifting them to cover that many extra hours, especially with sick time and annual leave time. Chairman Higgs stated there is an obligation to have the library open some hours to allow people to come who cannot be there between 8:00 a.m. and 5:00 p.m. Ms. McFarland stated they would be glad to try and do that, but they cannot stretch the present staff that thin.

Commissioner Cook stated the average person never uses the law library; and if the hours could be extended to 6:00 p.m., that may be able to be accomplished without additional personnel. Ms. McFarland stated she will look at that.

Chairman Higgs stated she wants to know some definitive answers prior to agreeing on the budget because providing additional hours is a real issue with her. County Manager Tom Jenkins advised there are also books at the public libraries.

Commissioner Ellis stated it is going from three libraries with one librarian to one facility with 3.5 librarians so it should be possible to get more hours. Ms. McFarland stated she will take that back to her library board. Commissioner Ellis stated the shelving will have to be moved no matter what. Mr. Jenkins stated Mr. Muller anticipates that he can handle that. Commissioner Ellis stated when the Board went through the budget for Court Administration, there was $300,000 to $400,000 in Fund 350; that money was built out of General Fund dollars; and it would not be inappropriate for additional moving costs that are court-related to come from that fund. Mr. Managan advised there is a program change in the budget that covers all the moving costs. Commissioner Ellis inquired if Fund 350 will be tapped into. Mr. Managan stated it is in a program change already in the FY 1995-96 budget to handle that without going to the Court Administration fund. Commissioner Ellis stated it seems like Court Administration has a large budget for furniture; most of the other offices are coming in with their old furniture; and he would like staff to take a close look at how that money is going to be spent because it is General Fund dollars. Mr. Jenkins stated Court Administration has been asked to provide a breakout of how it plans to spend that fund; and he will provide that to the Board; but that could be a funding source for the law library moving expenses. Commissioner Ellis stated it could be used for the Clerk or wherever else there are additional moving costs that had not been anticipated.

Commissioner O'Brien stated the request is for the CD-ROM network of $13,000; and inquired if the Board is prepared to address that.

Chairman Higgs stated after the Board takes all the public comments, it will go into discussion on the adoption of all the tentative millages.

Johnnie Wimpee, 4180 Rosewood Avenue, Valkaria, President of the Valkaria Area Residents Improvement Association (VARIA), stated the Association has reviewed the budget for the Valkaria Airport, and has been unable to determine whether any of the County funds have been allocated for Valkaria Airport projects. He stated the citizens of South Brevard are opposed to further development of the airport, and request that no further construction be approved and no local matching funds be committed until the current situation is resolved with regard to the role of the airport within the community and the removal of the Deed covenants. He stated the Association requests the County provide funding only for normal operations and routine maintenance of existing structures.

Chairman Higgs inquired what is included in the budget for the Valkaria Airport. Ms. Wall responded the money from T-hangar rentals is the source of revenue; and it does not receive any General Fund transfers. Chairman Higgs stated it is from T-hangar rentals, Mosquito Control and the golf course; it says the additional plan includes construction of additional T-hangars; and inquired if there is any other construction. Ms. Wall stated there is a capital budget of $230,000 from grant revenues for the purchase of the construction of ten T-hangars. Chairman Higgs inquired if there is anything else in the budget except the T-hangars; with Ms. Wall responding no.

Barbara Dillabough, 3670 Buddy Drive, Melbourne, stated the Tillman Canal is the County's responsibility; and it should be under the control of the Commissioners. She stated if someone wants the land on each side of the Canal rezoned, it has to go to the Melbourne-Tillman Water Control District. She stated the Melbourne-Tillman Water Control District got a raise in 1993 of 7%; there was a raise in 1994 of 10%; and it wants 7% now. She stated the canal beside her house had not been cleaned in five years; but when it flooded after Hurricane Erin, there was a crew cleaning it Friday and Saturday. She stated there were five boats in front of her house on Thursday; and they did not open the gates until 4:00 p.m. on Thursday when they could have opened them Tuesday or Wednesday. She stated she does not think you give an "attaboy" to people who do not deserve it; and trees growing in the canals, and them rushing to clean the canal shows there is guilt somewhere, because they could have been cleaned long ago. She advised of her volunteer work; and inquired why the Board is giving people a raise in times such as this when people cannot get jobs. She inquired if there is a warehouse full of County equipment. Mr. Jenkins advised the County keeps some surplus. Ms. Dillabough stated the Melbourne-Tillman Water Control District should exchange its broken typewriters for the County's fixed typewriters rather than buying new ones because the District is not doing its job; and she has gone to Congressman Weldon requesting a price freeze for wages. She stated a price freeze is needed as well as a rollback in rent and prices because the country is in trouble, and the County is in just as much trouble as the rest of the United States. She stated it is time to take a look at it, and not give a prize for not doing their job. She commented on repossessions on mobile homes; and advised it is ludicrous to raise taxes at a time like this. She requested the Board take into consideration the poor people who need help.

Commissioner O'Brien inquired what is the average value of a mobile home. Ms. Wall stated she can find out for the Board. Commissioner O'Brien stated after the homestead deduction, some may not have any taxes. Commissioner Ellis stated that is correct, many fall below the $25,000. Commissioner O'Brien stated the Board is getting yelled at for mobile homes that do not pay any taxes. Commissioner Ellis explained in a mobile home park, the trailer owner does not own the lot; the park owner owns the lot and pays property taxes; and that comes as a pass through to the residents of the park, which is how they end up having to pay the taxes.

Chairman Higgs advised the weir was lowered on Monday, so the gates were open.

Bill Perdue, 545 Chase Hammock, Merritt Island, stated he is against the big decrease in the taxes; he works for volunteer organizations around the County, and allotments are being cut from various places; and volunteers like to work and help out, but there has to be a little bit of a budget to pay for one or two salaries. He advised of the problems facing volunteer organizations; and stated it is cheaper to give the small amount of money to run the organizations with hundreds of volunteers. He stated he has been advised Mosquito Control is cutting back; and if the County cannot kill the mosquitoes, people will go somewhere else. He stated the children on North Merritt Island go to Port St. John for Parks and Recreation activities, because they do not have facilities; and Parks and Recreation representatives advise it will be up to five years before there will be any more done to facilities on North Merritt Island. He stated some people say their children are grown, and why should they do any more; but they do not realize everyone pays taxes for children all their lives. He stated the children need to be kept off the streets and keep them busy; and that is what some of the volunteer organizations do. He stated he hears some people working for the County will not get much of a pay raise, but the Board is talking about increasing health benefits. He stated if cost of living goes up, it is necessary to give employees cost of living money at least, and not take it away on the other end. He stated one day a fireman is going to be killed because there the fire trucks are not running to the minimum federal standards of three people; the only time there are three people on some trucks is when there is no one on vacation and no one is sick, so the spare people can ride as the third person; the County runs two people on a fire truck; and the newest standard is four people on the scene before you can go into a building with an air pack on. He stated it is time to look at increasing the number of people in the Fire Department; and inquired if one person gets killed and the County gets sued for $5 million, how many fireman would that have paid their wages a little bit more. He stated the County is not going to refurbish two fire trucks this year; and next year when it comes time to refurbish them, they will be so much junk, that it will be necessary to buy new ones, and that is going to cost more money. He stated the County is cutting back when it should be keeping a little bit going so it is not necessary to do what the School Board just tried, and everyone told them forget it. He advised of problems in schools; and recommended the Board not let the County get that way.

Edward Slaney, 382 Lamplighter Drive, Melbourne, stated he supports funding of the EELS program; the Scrub Land Trust has been involved in trying to purchase 140 acres on the barrier islands; and if successful, the intent is to have a park for education, handicapped access, and scrub jay protection. He requested the Board retain the EELS program.

Madeleine Lafferty, 3145 Hield Road, Melbourne, stated if the Board has always been in favor of less government, then why is there such a hurry to put a road on C-67 Canal when it already has the money for Palm Bay Road extension. She stated the people cannot afford any more taxes; $14.89 for Melbourne-Tillman Water Control District is a back door tax increase; in 1993, the District got a 7% raise; in 1994, it got a 10% raise; and in 1995, the request is for a 7% raise; and she wants to see this stopped. She stated people are losing their jobs and homes; and inquired why is the tax being done so fast. She stated the Board is supposed to look out for the people; the people are putting their trust in the Board; and requested the Board not raise taxes. She stated there is too much government; and suggested getting rid of it and lowering taxes in these hard times.

Pat Poole, 805 Palmetto Avenue, Melbourne, stated she is always present when there is anything on the agenda concerning the environment; and she is concerned about keeping some of it for the future generations. She stated she has watched the environment disappear; there is less land and habitat; and she cannot believe anyone would want to do anything to the EELS program because EELS and Preservation 2000 have been two of the greatest programs that have ever come about. She noted she has heard rumors that the Board is looking at changing EELS or taking it out; and outlined the benefits derived from the group and the hardships which it has overcome. She expressed concern that the Board might consider doing anything to the EELS program or the Scrub Jay Habitat Plan. She stated she is infuriated by the articles about how much each scrub jay costs; they are ridiculous; she knows what the land involves; and the scrub jay is the Brevard County bird. She stated the beach belonged to the scrub jays before there were people there; they have shared every bit of it with the people; and she hopes the Board will keep some for the species to survive, and not do away with them like the dusky seaside sparrow, which is now gone. She stated every time we lose something, we lose part of ourselves; and while new things come about, they will never be the same as what we lose. She requested the Board not do anything to these programs which the people support so wholeheartedly.

Fran Delisle, 631 Date Palm Boulevard, Melbourne, General Manager of the Brevard Symphony Orchestra, stated for the last 42 years, BSO has been lucky to receive the kind of support it has from the community, the corporate community, the County, and from the State of Florida. She stated they work hard for the $300,000 budget to keep the orchestra running; cutting the budget by 50% this year will send a negative message to the community; and that is her concern. She requested the Board reconsider restoring the $100,000 in the budget for the arts so the message being sent to the community is that these arts groups are valuable, viable, and worth having in the community.

Margaret Broussard, 3660 North Riverside Drive, Indialantic, stated she has not seen the proposed budget yet, but is concerned that the Natural Resources Department may have endangered staff positions, some of which may already be extinct, like the Director's position. She stated all of the various programs under Natural Resources exist because the various needs for them exist; each program was set into place to monitor something which needed to be monitored, such as water quality, wetlands, endangered lands, etc., for the protection of the environment or endangered species; and provided examples. Ms. Broussard stated the need to monitor these things has not gone away; they are at least as important as they were when they were first recognized; and it is still the County's responsibility to monitor them, but not to permit them, which may well be the responsibility of the St. Johns River Water Management District, the State or the federal government. She stated it is the County's responsibility to monitor and coordinate the use and development of these sensitive areas; and that is why a well-run coordinating County Department of Natural Resources. She stated if the County did not have such a department, it would have to create one because the need is so great; and that need would be very obvious if the County did not have such a department. She stated the County has been fortunate to have talented, dedicated people working hard to do what they have been charged to do for the County's environmental protection; but to keep good people working for the County, the Board has to understand the missions and facilitate their coordination. She stated the Department of Natural Resources need to be kept intact and fully funded with a director; and inquired how each of the Commissioners feels about this important department.

Leonor Zies, 3370 North Riverside Drive, Indialantic, stated she is on the board of the Henegar Center and on the board of the Scrub Land Trust; and she is pleading for the quality of life and the cultural and natural resources. She stated the Director of the Henegar Center is unable to be here tonight due to family illness. She requested the Board continue the support for the arts in the County which are fundamental to the quality of life; and stated the County needs to continue to attract clean industry. She stated her children call it "Melboring" because there is nothing to do; and requested the Board not let institutions collapse due to lack of funding. She advised of institutions which have collapsed or are in danger of collapsing; and stated she knows these are hard times, and the Board has hard choices, but there must be some cultural enrichment for the community. She stated the environment is near to her heart; she came here from Miami; and she does not want to see Brevard County become a concrete jungle. She requested the Board support the natural resources by maintaining the department which will police the environment.

Sue Carlson, 3422 Kent Drive, Melbourne, stated on September 4, 1990, the people of Brevard County passed the Environmentally Endangered Lands referendum; it was passed by a 61% majority; and it was a clear confirmation that the people are concerned about the environment and quality of life. She stated along with many others in the audience, she is here to affirm her support of the EELS program, and insure that the Board does not try to reduce, weaken or cancel this program. She stated she has heard rumors that the Board, under the influence of special interest groups, is looking into the possibility of reducing funding for EELS, has considered putting the program to an unneeded and expensive referendum, and has even considered cutting the program altogether. She stated she heard a rumor that one or more Commissioners has accused the public of ignorance in voting for the referendum; but the vote was no accident; and every one of the Districts which the Commissioners represent voted for the referendum. She stated the same voters put each of the Commissioners in office, and 119 out of 125 precincts voted for the bonds. She stated the EELS program has been an awesome success; it has purchased approximately 3,600 acres of endangered habitat at an average annual cost to each taxpayer of $15; the program had national recognition, and has been a model for the rest of the state; and the Preservation 2000 program will match every dollar the County sends for a 100% return on the investment. Ms. Carlson stated the County will lose the matching funds if the EELS program is cut or altered in any way; and it would jeopardize the quality of life. She stated the public has entrusted the Board to hold the EELS program sacred because it represented a future for the citizens; and some of the natural resources must be saved for the generations to come. She stated in her 35 years in the County, she has seen forests clear cut, wildlife populations decimated, and the beaches littered with trash and tar. She stated the growing pollution in the Indian River is well documented; it is necessary to reverse this trend; the EELS program is a critical component in the efforts; and there must be strong leadership in place to oversee important programs like EELS. She stated the Board must actively seek a director for the Natural Resources Department; the position has been vacant for several months; and the County cannot afford a lack of leadership in this area. She stated she is sure the Board will demonstrate a responsible long-term approach by continuing to give its full and enthusiastic support to the program; and if not, the Commissioners will hear from the voters in the next election. She requested those in the audience who support the EELS program and a strong Natural Resources Department to stand; and a group of supporters stood. She inquired if the Board will fully support the EELS program by making a commitment to not reduce or weaken the program in any way, and by agreeing to hire a new Natural Resources Director.

Commissioner Cook stated people keep mentioning rumors; and inquired if they are coming from County staff. Ms. Carlson advised it is coming from public officials as well as private citizens. Commissioner Cook inquired who is generating the concerns; and inquired if it is not coming from staff. Ms. Carlson stated she does not know if it is coming from staff, but the rumors have been circulating pretty well throughout the community.

Commissioner Ellis stated the Board goes through this at least three or four times over EELS; someone turns up a telephone scare tree; and two dozen people show up at the meeting. He stated 80% of the millage is already bonded out; and the Board could not remove that if it wanted to. Ms. Carlson noted everybody realizes that. Commissioner Ellis stated they are meeting this week to bond the rest; so there is no leeway to remove the millage even if the Board wanted to. He noted the other issue that is before the courts right now is the judgment on the excess millage; and that is purely a court decision, not a Commission decision on how that money can be spent. Ms. Carlson stated it should not affect the outcome of the program. Commissioner Ellis stated depending on what happens with the court decision is where the administrative money is going to have to come from. Ms. Carlson stated she understands that, but it is a matter of semantics. Commissioner Ellis stated it is not a matter of semantics but whether it comes from the EELS millage or a General Fund millage; but when people talk about doing away with the EELS program and millage, that is already bonded out, and it is not possible to do away with the millage. Ms. Carlson inquired about what Commissioner Ellis means by the General Fund millage when the referendum specifically laid out the verbiage that it had to cover administering the program; with Commissioner Ellis responding that is if the judge rules that it cannot. Chairman Higgs stated if the judge rules that the County cannot use money out of the bond referendum, then the Board could shift millage, decreasing on EELS and increasing on the General Fund, and that would have the same net result of .25 mills, covering it under an acceptable legal scenario. Chairman Higgs noted that would cover the maintenance as well as the bond. Commissioner Ellis stated the Board is in court because the Clerk does not agree with the wording of the referendum; he says there is a conflict between the wording of the referendum and the Florida Statutes; and the Clerk controls the purse strings, which is why it is in court. Ms. Carlson inquired when is the expected judgment. Chairman Higgs responded the Board does not have a time. Commissioner Cook advised it is up to the judge. County Attorney Scott Knox advised there is a hearing scheduled on October 18, 1995. Chairman Higgs noted the ruling will not necessarily be October 18, 1995; with Mr. Knox advising he doubts that it would be. Ms. Carlson inquired if there would be any negative implications if it was a negative judgment; with Chairman Higgs responding affirmatively. Commissioner Cook stated he does not know how many times the Board has reaffirmed its support for the EELS program; he personally supports it; and he does not know how the rumors get started, but they are unfounded. He stated there is no movement on the part of the Board to do away with the EELS program; it could not do that even if it wanted to as it is a voter approved millage; and the Board has reaffirmed its support of the EELS program over and over. He noted questions come up from time to time on how the money is being spent; it is part of the Board's obligation to question how the money is being spent; but support for the program is strong on the Commission; and it is surprising that these type of rumors get generated. Commissioner Ellis stated the other issue involves the Office of Natural Resources; the Board is in budget hearings, not reorganizational hearings; but Natural Resources has four basic functions, comprehensive planning, site review, monitoring issues, and the EELS program; and those four functions could be given out to other departments and Natural Resources dissolved. He stated since he was asked, his position is the department should be dissolved; but the discussion tonight is the budget; and it will not have any effect on the organization of the County. He stated the Board is locked in on the EELS program. Commissioner Cook stated the County is under charter government; and the decision about the director is the decision of the County Manager. Chairman Higgs stated at the millage rate hearing, there were some questions about the millage in regard to EELS; there could have been a perception that the questions meant the Board wanted to reduce the EELS millage; but she hears three votes that are not ready to decrease the EELS millage. Commissioner Ellis stated the concerns have been waiting for the declaratory judgment to come back from the court to see where the County is on the millage; and the Board will not have that decision before the final budget approval, but the Board did not know that. Chairman Higgs stated under the scenario that the Board might have gotten the ruling, it could have been necessary in order to cover some of the administrative costs to make some changes; but she hears three votes not to decrease the EELS millage. Commissioner Ellis inquired how is that different from ten other times the Board has said that; and stated someone starts up a telephone scare tree, and everybody shows up on the same issue over and over again. Chairman Higgs stated the question at the millage hearing was raised; and people who were in the audience at that time were concerned that there was not support for full millage for EELS. Commissioner Ellis stated the full millage issue is tied to the court decision; with Chairman Higgs advising she does not know that the discussion is important because there are three people speaking in support of the millage. Commissioner O'Brien inquired if there are three votes, can it not be discussed anyway. Chairman Higgs inquired if Commissioner O'Brien wishes to talk about it some more; with Commissioner Ellis responding what is left to say; the Board is waiting on the court decision; and when it gets the court decision, it will know what direction it has to go. He noted the Commission did not stir up the court decision, but it is catching the heat; and the Clerk of the Court and County Finance is what brought this decision into the courts. Chairman Higgs noted the Board did what it could not to have this in the courts.

Supervisor of Elections Fred Galey, 400 South Street, Titusville, stated he is present to speak in favor of the precinct ballot tabulation system; this is the third time he has requested it; and the reason is that one vote counts. He stated the current system does not reject overvotes; and cited cases where it might have made a difference in the race. He stated Brevard County is the largest county still using the Data Vote system; the County counts more cards on election night than any other county in the state, including Dade and Broward Counties; Broward County is looking to change to the Mark Sense system; and other counties have changed to that system. He apologized and stated yesterday was the first time he found out his budget was in any form other than what staff wanted. He stated he assured Ms. Wall that in the future it will be in any form she desires because he intends to be part of the budget process; but no one ever contacted him and advised it was needed in a different form. He requested the Board read what was submitted by the Citizen Budget Review Committee; and stated it is time for the County to move forward. He noted he does not stay out until six o'clock in the morning because he wants to; but his main concern is to make sure every vote counts; and he will get that done no matter which system is used. He stated there are two Mark Sense systems that are certified in the State, one by Business Records Corporation and another by Global Election Systems; and advised of other counties in the State that are using those two systems. He stated he is concerned about the number of cards for the next election; there will be 300,000 voters in the General Election in 1996; at five cards per voter, there will be 1.4 million cards to be counted on election night; and that will take a while to do. He stated he submitted a cost justification which shows that by switching systems now, it will be possible to save $173,000 a year; he knows he will have to buy three hundred punches at $27,000 before the General Election in 1997; and he does not want to spend that cost if there is an opportunity to save that cost. He noted he will still have to buy voting booths no matter what as the County continues to grow; and reiterated his request for the Commissioners to look at what the Citizen Budget Review Committee has submitted. He stated he is available to talk to the Board at any time; the Board has Resolutions from the cities as well as from the League of Cities and the two major parties in the County in support of the switch; and he concurs with that. He stated this is his third year in office; and this is his third request for a new system because this is the way to go to make sure that everybody's vote counts. He stated there will be a paper ballot that can be hand counted; it is easier for the citizens to mark because it is marked with a pencil just like a lottery ticket; there will be one ballot; and people are more likely to vote both sides of the ballot if there is only one ballot. He stated he will not get the calls he currently gets advising of problems with the system; and advised of the advantages of the new system. He stated he knows that it will rain hard in the General Election and the Governor's race; his ditch is going to fill up; and he has to handle all the cards that come through that ditch. He stated he cannot wait until it rains, and then take out the plug; he is trying to eliminate the plug now, which is the card reading system the County has; and the last time cards were run, 60% of the precincts had to be run through more than once to finally get the count. He stated he wishes they would run perfectly every time, but that is not the case with the hanging chad; absentee ballots have to be personally inspected because of hanging chads and because they are punched with a straight pin or pencil at home; and if they are not personally inspected, the count will change every time they are run through if there is a chad still hanging on there. Mr. Galey stated the system he would like to get uses the same ballot that will be used at the polls; they will run through an absentee counter; it does the job; and it is time to move forward. He stated every day the County waits, the trade-in value of the current system goes down because more and more counties are changing. He advised of other counties which plan to change. He stated it is time to move forward with the technology and assure that every vote is counted.

Commissioner O'Brien inquired where machines go that are turned in by other counties. Mr. Galey responded they are sold to smaller counties that might only have to count 70,000 to 80,000 cards; and if that was all he had to count, he could finish at a reasonable hour too. Commissioner O'Brien inquired what would happen if Brevard County bought the used equipment from five other counties and quintuple the number of County machines. Mr. Galey stated that would run into a space problem; and inquired how much space will the Board give him to set those counters up, and will it give up the Board room at night to set up the machines with security. He stated if he had enough card readers, he could finish in a hurry; but he is more interested in accuracy. He stated people lose their vote if they accidentally overvote; and it happens every time. He stated you also lose your vote, and it happens every election, if you get confused and drop the blank ballot into the ballot box; but with the system he wants to get, if you do not mark at least one race, it rejects it as a blank ballot. Commissioner O'Brien inquired if we want people that smart voting. Mr. Galey advised that is not his decision to make; every citizen is allowed to vote; and whether they should vote or not is not his decision, nor is it the Board's. He requested the Board's support to look at the two systems.

Discussion ensued on who has been appointed to serve on the Canvassing Board.

Chairman Higgs stated Kay Burk submitted a card indicating she is present to answer questions, if anyone has any.

Alyce Christ, 2150 Lake Drive, Cocoa, stated she was one of the early Presidents of the Arts Council; and at that time, there were North, Central and South sections which were fighting each other. She stated the Arts Council now is called the Cultural Alliance; it has gathered everyone to work together; that never happened forty years ago; and it has been an evolving situation, which has been helpful for all of Brevard County. She stated the Philharmonic is an incorporated organization; it hires people; and it is bringing a number of musicians to the County. She stated it also brings in people from outside the County to hear it; it brings money to the County; and it does a great service to educate the public. She stated they work with the Cultural Alliance; and they want the Board to restore the $50,000; it is only approximately sixteen cents per person; and if the Board is going to deduct $5 a year from the taxes, she does not appreciate it because the County will lose so much that it needs.

Priscilla Griffith, 6414 South Drive, Melbourne Village, representing the League of Women Voters of the Space Coast, stated the League is requesting the Board proceed carefully as it considers the budget of the Natural Resources Department; it has four important programs; and the League wonders how it will be able to perform these functions along with the extra tasks continually being imposed by the Board as well as handle citizen inquiries with budget cuts which appear to be greater than those allotted to many other County departments. She stated it must be more difficult for Natural Resources to carry out the important tasks when it is without a permanent director; and requested the Board keep the Department intact, and that a director be appointed so the Department can function effectively. She stated the League is also requesting the Board continue to vote the full one-quarter mill for the EELS program so it can purchase more environmentally important land as well as manage that which the County has already acquired, subject to judicial decision.

The meeting recessed at 7:02 p.m. and reconvened at 7:19 p.m.

Chairman Higgs stated Nancy Snipes, 540 Rio Pinon, Indialantic, submitted a card requesting the Board continue to fund Natural Resources, and appoint a permanent Natural Resources director.

Joseph Stadnik, 3422 Angelica Street, Cocoa, stated he is present to address funding for a park in Canaveral Groves. He stated Canaveral Groves is in District 4 Taxing District; there are twenty-five parks in the District; there are eleven parks in Cocoa which is approximately eight square miles; there are eight parks in Rockledge which is approximately ten square miles; the rest of the County has six parks; and Canaveral Groves has zero parks although it is fifteen square miles. He noted Canaveral Groves is not as densely populated as Cocoa and Rockledge; but there is potential there and good growth. He stated last year they paid $87,000 in taxes for parks and recreation, but they do not have any parks; in five years, they will be paying approximately $200,000; and requested the Board include in the budget a feasibility study for Canaveral Groves park. He stated what he is talking about is a community activity center which could be used for ball games, picnics, meetings, plays, soccer, horse shows, etc. He requested a feasibility study; and stated he does not want to buy land and say, "what could we put on it." He stated the activity center will cost a lot of money, but it will bring people together, and will be an entertainment center, which a community should have. He noted most parks are busy with Little League at one time, and then they are empty at other times; but he wants something that is active and growing. He advised Item 4-18, Port St. John/Canaveral Groves Recreational Area, is incorrect and should be Port St. John Recreation Area. He encouraged the Board to include funding for a feasibility study. He stated they do not like the idea of paying taxes and getting no return.

Commissioner Cook stated Canaveral Groves is not in District 4 although a portion is in the District 4 Recreation District. Commissioner Scarborough stated last year the Commission voted unanimously to make some corrections by abolishing the lines and bringing them back to the Board for decisions; and it was unsuccessful; but that will probably come back this year. He stated if the Board took Mr. Stadnik's suggestion, it would be assuming it would be going to the District 4 Board, and he does not know what authority the Board has over a special taxing district as far as budgeting items. Commissioner Cook stated the District 4 Recreation District was set up by Special Act, and it has its own administrative board with duties and responsibilities. Mr. Stadnik stated that is another problem.

Chairman Higgs stated Rita Karpie, 310 First Avenue, Melbourne, submitted a card expressing support for the EELS program and the ad valorem tax which supports it as well as her concerns for the need of a director for Department of Natural Resources.

Bea Polk, 101 River Park Boulevard, Titusville, stated she is here every time to cut taxes and cut the fat. She stated she would like a study on the Constitutional Officers; it is $56 million to run those offices; and inquired if they were under the County, how much cheaper would it be. She stated she is against the voting system Mr. Galey came in for; she has been through this many times; and inquired where is the ballot afterward. She stated Mr. Galey is not worried about the ballots, but she is; that is the only way to prove how we voted; vote by modem could be changed at any time; Mr. Galey agreed about some of things she said about the other system; and tonight she heard things she has never heard from a Supervisor of Elections. She stated in every County Mr. Galey named there are the same problems as in Brevard County; she hopes the Board will not give the money for another system; and suggested the systems be studied. She stated the County needs a voting system where the votes are counted in the precinct, not hooked up to a modem in the Supervisor of Elections Office; the County needs to get back to the basis of an honest system; and the /State admits that it has no way of knowing if the votes are counted honestly with any of the systems it has approved. She stated the systems may be modern, but she is not for modern; she is for honesty; and when she votes, she wants her vote counted honestly. She stated the proposal for the Sheriff's budget is to give more officers; in the last five to six years, the Board has given money, but there have been no new officers; and inquired where does the money go. She stated the Board does not know what the Constitutional Officers' budgets are; that is the problem; and inquired if the Board does not know where the money goes, how can the people know. She stated crime is rising; and the money that the Board is giving must not be helping. She recommended the Board find out where the money it already gave has gone, and give an account to the public of where the money has been spent. She inquired if no new officers have been hired, where did the money go, and was it into administration or raises for the top ones. She stated there are all kinds of lawsuits that the officers are not being paid so it is not going to them; and inquired where was the money that was given last year for more officers spent. She stated before the Board gives more money, it should provide an answer to the public. She expressed concern about the fifteen cents per copy charge; and inquired if anyone knows what it is like to try to get copies in the County. She stated she can get copies from a private business for three cents; the County not only wants the public to pay for the copies but for the employees who are already paid; and she calls that double dipping on the taxpayers. She stated the Board owes it to the taxpayers to make it less difficult to get information; and if the Board cannot get the information, it is time to let the public get it at a lesser cost.

Ida Blickley, 4475 Swift Avenue, Titusville, stated she has two alphabetical payrolls of the Sheriff's Office; one is March 3, 1995; the other is July 5, 1995; and both of them have 696 employees. She stated the Sheriff is allowed to have 730 employees and the Board is giving ten minimum security officers this year, which means there are twenty-four slots yet; and inquired what are the twenty-four positions. Ms. Blickley stated for the last six to seven years that she has been deciphering the payroll, she comes up with twenty to twenty-five empty positions every year at budget time; and inquired if they are carried through all year, and what is the reason for it. She inquired how many MSTU deputies have been hired in the last two years, and are all deputies in the three precincts available for car duty on a second's notice or are they pushing pencils. She inquired what happened to the money that was appropriated for the minimum security building years ago; why has the guard tower never been used; and how many road deputies are there that are protecting the taxpayers twenty-four hours a day. She inquired how many deputies were hired this year; and noted she understands now they are being hired under the MSTU's, not out of the General Fund money which the Board provides every year. She stated as of July 5, 1995, the Sheriff had hired 37 new office employees, 9 deputies, and 15 JSO's, which are the bailiffs in the courtroom who are not certified; the Sheriff was told some time ago by the judges, that he better get rid of the JSO's; however, the Sheriff just hired 15 more.

Commissioner Scarborough stated budgeted employees and hired employees are two separate numbers; and inquired if additional deputies have been hired when the Board has budgeted additional deputies. County Manager Tom Jenkins stated the Board does not have the Sheriff's records; but the Sheriff has told the Board he hired them. Commissioner Scarborough stated to save on money, sometimes the County does not always have everybody employed to the full funding, so that could happen in any place. He stated one thing that has always concerned him about the Constitutional Officers is once money is put into the fund, there is no ongoing capacity to understand what the internal budgetary shifts are; the Board loses some degree of control; and it may be funding something, but find that is not what the money is being spent for. Chairman Higgs inquired how would the Board determine that. Commissioner Scarborough stated he does not know how it could be worked.

Commissioner Ellis stated the last couple of years, the Board has requested the list of road deputies; it could request that again; and the Board could get the list of vacant positions. He stated the problem the Board has is if it is a County position which stays vacant, the understanding is not to fill it; and the Board has some control internally. He stated the problem with the Constitutional Officers is how would the Board find out a position is vacant for the twelve-month period; and inquired how could the Board have access to that information. Chairman Higgs suggested writing to Sheriff Miller, "It has been alleged that the positions we have funded for deputies have not been filled and fully utilized. Can you please provide for us some information so that we can answer this allegation." Commissioner Ellis stated the Board can try to do that; it can look for the list of vacant positions and ask how long they have been vacant; but whatever the Sheriff tells the Board is what it has to accept. He noted this is not just true of the Sheriff; and the other Constitutional Officers are in the same position. Commissioner Ellis stated the Board should ask the Sheriff. Chairman Higgs stated the Sheriff would be unique because his financial arrangements are audited by the Finance Department. Mr. Jenkins noted they are audited by the outside auditor, but some operate their own Finance Departments. Ms. Wall advised the Supervisor of Elections is the only Constitutional Officer who utilizes the County's financial systems. Commissioner Ellis stated if they had a position and keep it open for the whole twelve months, that would not necessarily be an accounting inconsistency, but it would be a policy inconsistency; and the audit would not uncover that. Commissioner Ellis inquired how can the Board go to the Constitutional Officers and verify that when they request a certain number of positions, every effort is made to fill those positions during the course of the year. Mr. Jenkins noted the Constitutional Officers' records are public and open to anyone; so a staff person could be sent to look at the records. Mr. Managan advised the Board could request the independent auditor look at that in terms of compliance with Board policy, but it would cost more. Commissioner Cook stated it all has to be public record so there should be a way of extracting that information; and the Board could request the information to see what it gets. Commissioner Ellis stated the Board should request all the Constitutional Officers advise how many positions are currently vacant of those that have been budgeted. Commissioner Scarborough advised of an incident in the City of Titusville; and stated the Constitutional Offices are open for abuse.

Motion by Commissioner Ellis, to request lists of vacant positions from all Constitutional Officers and the amount of time the positions have been vacant, and the number of road deputies charged to the MSTU for the last five years.

Jeff Duffey, representing Sheriff Miller, stated the Sheriff provides this information routinely to individual Commissioners; and it can be provided to the Board in approximately eight to nine hours. He stated the Sheriff has an automated system that can produce all the records; positions do become vacant, but never for a year; and that information can be provided.

Chairman Higgs stated the Board funded additional deputies two years ago; and inquired if those positions were filled. Mr. Duffey responded they were not only filled, but someone requested the names and the hire dates, and that was submitted to either one of the Commissioners or the County Manager. He stated he realizes that there are people who tell the Board stories, but none of them are true; and he would be pleased to have any one or all of the Commissioners come down to go through the records and view the system. He noted the Sheriff was in the County's finance and personnel system for many years; but the Sheriff's system is more sophisticated and quicker. He stated the Sheriff does charge fifteen cents per copy for any record; if someone wants a page or two, they are given free; but there are a few people who request hundreds of pages, and under those circumstances, they are charged accordingly. Chairman Higgs inquired if the Sheriff will provide information going to 1993 on the hiring of additional deputies and the vacancies on the road deputies. Commissioner Ellis clarified the motion is for all Constitutional Officers to be asked for that information.

Commissioner O'Brien suggested all future budgets should be specific as to what they want any increase for; and if it is for furniture, the furniture should be identified specifically. Commissioner Scarborough stated the problem is once they are given the money, they can buy something else. Commissioner O'Brien stated if the Board makes the Constitutional Officers be specific, it could require that 60 days before budget, they show proof of purchase according to what they budgeted; and if they did not, the Board could deny any increase due to misuse of funds. Commissioner Scarborough inquired if the Board can do that. Mr. Jenkins stated the budget format that is now being used would give the Board the level of detail it is seeking for any increases; the Board made a motion previously for the Constitutional Officers to follow that format; so the Board will get that in the future. Mr. Jenkins stated the additional part would be the monitoring aspect of it; the Board could ask for the information; but the Constitutional Officers are not mandated by law to provide it; and if they did not willingly provide it, the Board would have to send staff in to go through all the purchase orders and invoices, etc. to find out. Commissioner O'Brien inquired if the Board could make a policy that if they do not provide it, the Board does not provide any further increase in their budgets. Mr. Jenkins stated the Board could do that. Commissioner O'Brien stated if it is a policy of the Board, then the Constitutional Officers have a choice to make; and if the Board is going to pass a rule, there had better be some guts behind it or why bother passing it. Mr. Managan stated there are a couple of counties which take capital outlay and capital equipment for Constitutional Officers, and get the Constitutional Officers to agree that if they want it, it goes into a County CIP under the Board. He stated that is one way the Board can do it; but it would be necessary to get the Constitutional Officers to agree to it upfront.

Commissioner Scarborough seconded the motion to request lists of vacant positions from all Constitutional Officers and the amount of time the positions have been vacant, and the number of road deputies charged to the MSTU for the last five years. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, to set a policy that if the Constitutional Officers request an increase in budget, they must be specific as to what it is for, and within 60 days of the following budget, they must furnish proof that the money was spent on what was specified, and if it was not, then the Board has the option of not approving any further increases.

Commissioner Scarborough stated if the Board did it the way Mr. Managan suggested, it would not be necessary to go into the Constitutional Officers' records; and it would be held within the County's records. Commissioner O'Brien inquired what can the Board do if a Constitutional Officer requests an increase to hire additional people and then does not.

Commissioner Scarborough seconded the motion to set a policy.

Commissioner O'Brien stated he likes Mr. Managan's approach for capital purchases, but not for hiring people. Commissioner Scarborough requested the motion be expanded to direct the County Manager to write to the Constitutional Officers about setting up a CIP fund. Commissioner O'Brien accepted the addition to the motion. Mr. Jenkins stated the parts of the motion are conflicting. Commissioner O'Brien suggested using the word "or."

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to set a policy that Constitutional Officers, when requesting increases in budget, shall be specific as to what they want the money for, and require that within 60 days of the next annual budget they submit proof of purchase or proof of hire.

Chairman Higgs inquired if the County Manager is being directed to inform the Constitutional Officers of this policy; with Commissioner O'Brien responding that would be the Board's policy, but he is willing to allow the Constitutional Officers to use a CIP fund for purchases of equipment as suggested by Mr. Managan.

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

Christine Panico, 803 West Central Boulevard, Melbourne, stated she is present to support the EELS program. She stated the people are present to support the Board and its decisions; the Board has unanimously supported the EELS program; these are hard times; the Board is looking at disbanding the Office of Natural Resources; and there are concerns. She stated there are people who do not support the EELS program; but she and others are present so the Board has the support of the people behind it.

Micah Savell, 1370 Sarno Road, Melbourne, stated he tried to review the different items and allocations; but he was not able to effectively do it. He stated there is a long list of items; and inquired if it would be possible to have some chronological understanding of the items prior to the next meeting. Mr. Savell explained what he is looking for. Chairman Higgs stated each of the Commissioners has a budget book that provides an itemization; the books are available in each of the Commission Offices; but if Mr. Savell wants an itemization, he will need to go through the budget book as the Commissioners have. Mr. Savell indicated he would like to get the budget book. Commissioner Ellis noted in past budget hearings, staff used to hand out the tentative millage sheets; and he does not know if they were available tonight. Ms. Wall advised they are available. Commissioner Ellis stated at the September 20, 1995 hearing, there should be a similar spread sheet available. Mr. Savell stated there was talk about reducing the millage; and advised of the increase in his tax bill this year. He stated there have been a number of people who have talked about the quality of life and things that are needed; there is a problem with appropriations and priorities; some of the programs he heard tonight only amount to a few dollars; and everyone wants to see taxes cut, but in looking at the budget and comparing costs, someone needs to weigh the benefit. He stated he supported the EELS program for selfish reasons because he thought if he supported EELS, that would be enough; now the County is moving to a new $90 million program that supposedly does not have any tax impact; it is not in the budget; but it is hanging over the County like a thunderstorm. He stated Ms. Zies mentioned the 145 acres of the beach which will be a $6.5 million purchase; there are eighteen birds on the property; and that is $361,000 per bird. He stated a lot of things could be done for real needs to assist people who have problems; the annual loss of tax revenue is going to be over $5,500 per bird; and the maintenance is going to be $1,611 per bird. He stated ultimately that is going to cost the taxpayer $361,000 to buy it and then $7,111 per year to maintain it; and someone has to make that money up. He stated the County needs to look at its priorities and put the natural resources it has at work; part of that is the people and their rights; and urged the Board to put the people first.

Don Garretson, 4975 Citrus Boulevard, Canaveral Groves, issued an invitation to each of the Commissioners who has not attended or sent staff members to the eco-meeting. He stated Commissioner Ellis was concerned about the rumors; that is one of the best places to put an end to rumors by putting straight information out; and Chairman Higgs has sent staff to each of the eco-meetings, and Candidate Randy O'Brien was a regular visitor, but he has been missed since November, 1994. He stated the meeting is held the first Monday of each month at the Agriculture Center in Cocoa; there are a lot of representatives from different agencies, plus virtually everyone from the environmental community who has concerns; and they share information and try to gain information. He stated for those who believe that the best government is the least government, the eco-meeting is a model of efficiency in that it has no officers, no treasurers, and no by-laws, but just a group of citizens who get together to share information and get a variety of jobs done at no cost to the citizens. He expressed appreciation for the Board's support of EELS. He stated as a laid-off design engineer, he is acutely aware of the economic problems; there is a narrow window of opportunity to purchase some of the environmental lands at a time when the market is soft; approximately 80% of the bonds have been let; and encouraged the Board to get the land bought as quickly as possible. He stated the people understand the millage that goes toward operations and maintenance will depend on the court hearing; but as far as the part of the millage that goes for the bonds for the purchase of land, the County should go for as much as it can get as quickly as possible. He stated the heart and soul of the EELS program is with the voters; but the brain and the muscle are in the Natural Resources Management Office, which is the most visible and effective protector and administrator of the County's natural resources, not just for EELS, but as a monitor of clean air and water. He encouraged the Board to fully fund the Natural Resources Management Office and give them the staff and tools necessary to do the job as effectively and efficiently as possible.

Commissioner O'Brien stated he visited the eco-meeting one time; and if that is an example of the kind of stretching of truth that has been going on with the rumor mill, he will take a shot back. He stated Mr. Garretson made a good statement about the EELS money in that when the Board talked about lowering the millage, it was to pay off the bonds at the present level, and had nothing to do with cutting the EELS program. He explained the issues involved with paying off the bonds.

Diane Stees, 21 Bougainvillea Drive, Cocoa Beach, stated stretching the truth before the Commission is nothing new; and she does agree with Mr. Savell that the priorities are mixed up. She read a letter from the Indian River Audubon Society of Brevard County requesting the Board allow the full .25 millage for the EELS program and advising of the advantages of the program. She stated the Society requests the Office of Natural Resources be funded and that the Board provide for a director. She stated it is necessary to spend money to save money, such as with the new voting system; and continuing to provide the Office of Natural Resources will result in the efficient, common sense management of the resources that will ultimately prevent expensive mistakes down the road. She stated she hopes the Board uses intelligence, wisdom and foresight to make wise, responsible decisions during the budget process; and the voters of Brevard should expect no less from their elected officials.

Supervisor of Elections Fred Galey stated he wants to be sure that everyone understands that the system he is recommending counts the ballots at the precinct; no one touches the ballot from the time the voter votes except the person at the ballot box who takes the top stub off; then the votes are counted as they are dropped into the ballot box; and there will be a cash register tape with all those results printed hanging on the wall of the precinct before anyone leaves. He emphasized the votes will be counted at the precinct; there will be results of each precinct hanging on the wall of the precinct before anyone leaves; and then it will all be brought in for the final totals. He stated they do not have to open the ballot boxes to put the ballots in transfer cases and bring them in; the machine automatically sorts out the write-in votes; and the results for each precinct are counted as they are dropped into the ballot box, so there can be results before anyone leaves.

Commissioner O'Brien stated in the old fashioned days, there were machines where you pulled the curtain behind you and pulled levers down, and there were counters on the back of the machine; and before it was closed for the night, someone took the numbers off and posted them. He stated what Mr. Galey is talking about is an electronic version of the same piece of machinery; and inquired what is the difference. Mr. Galey advised it is not an electronic version of the same machinery; the machinery Commissioner O'Brien is talking about did not have a paper ballot; and there was no record of how every voter voted on that machine. He noted there is an electronic version of the machine which Commissioner O'Brien was talking about, but it is expensive. Commissioner O'Brien inquired if it is important to know what each voter voted rather than just have the counts in the back. Mr. Galey stated a lot of people want the paper ballot so it can be counted if necessary for recounts; the old machines are not manufactured anymore; the City of Cocoa owned four; and they were donated to another county for parts.

Chairman Higgs stated the gentleman from Global Election Systems said he expected fifteen years of life out of his system. Mr. Galey stated they are solid state machines with few mechanical parts; and that is why he submitted the cost justification that shows after 8.5 to 10 years, the County will save $100,000 a year. Chairman Higgs stated Global said at a minimum the County would save $70,000 a year, which is $1,050,000, so it will pay for itself; and inquired if Mr. Galey believes that; with Mr. Galey responding yes, and he submitted the numbers to show that, and will discuss them with anyone.

Commissioner O'Brien inquired what was the County told was the life of the present system it has; with Mr. Galey responding the punch card system still works now, but as the County continues to grow, the volume of cards continues to grow. Commissioner O'Brien inquired if the County gets more machines of the same type it presently has, will that shorten the amount of time to process the cards. Mr. Galey responded he is not talking about the amount of time it takes to process the cards; with the system the County currently has, you can mis-punch a card and never know it; people can overvote and lose their vote; and if someone drops in a blank ballot, they have lost their vote. He stated the new system counts the ballots as they are dropped in; it will not accept overvotes; and a person can correct his ballot before it is tabulated. Mr. Galey noted in Commissioner Cook's race there were 983 overvotes; and those ballots would not have been accepted under this system. He stated the current system works but it allows mistakes; and explained problems with the card system.

Commissioner Scarborough inquired what is projected for the budget, if the Board decided to finance the system over a period of time; with Mr. Galey responding financed over a period of time, it would cost $200,000 a year. Commissioner Scarborough stated it will save $73,000. Mr. Galey stated the difference is approximately $168,000; and the period is five years. Chairman Higgs stated if the Board financed it, it could finance it as many years as it wanted. Mr. Galey stated the Board can finance it and not pay interest on the money; but someone is going to pay the finance charges no matter what; and the County can get money at a cheaper rate than he can get it. He stated he cannot buy the system; he recommends it to the Board; but if the Board does not buy it, he will deal with what he has, but some citizens will accidentally lose their vote. Mr. Galey noted there will be 18,000 to 20,000 who will not vote the back side of the card; and most of the Commissioners and the Constitutional Officers are on the back side, and the Governor and the President are on the front side.

Chairman Higgs inquired what was the life of the present system, and how old is it. Mr. Galey stated the County got it in 1981, and it still works. Chairman Higgs stated the County has gotten fourteen years out of this system. Mr. Galey stated the IBM card readers have been around for many years; they are continuing to repair them; and they continue to work; but his point is they will not reject an accidental overvote or blank ballot because they are not counted at the ballot box. Commissioner O'Brien stated if it is a lease purchase of over $1 million, it has to go to referendum. Mr. Galey stated he does not talk about lease purchase; and with the trade-in value, it will be under a million dollars. Commissioner Ellis inquired how much does a card reader cost; with Mr. Galey responding he does not know because he has not been trying to buy any. Chairman Higgs noted the card reader does not solve the undervote/overvote problem. Commissioner Ellis stated there is no such thing as a foolproof system; with Chairman Higgs agreeing there is no perfect system.

Commissioner O'Brien inquired when will the Board discuss some of the ideas brought forward by the citizens; with Chairman Higgs responding now under the adoption of the County's tentative millage.

PUBLIC HEARING, RE: COUNTY'S FY 1995-96 TENTATIVE MILLAGES

Chairman Higgs called for the public hearing to consider the County's FY 1995-96 tentative millages; and advised the final public hearing will be September 20, 1995 at 5:30 p.m. at the Government Center.

General Revenue

Commissioner O'Brien stated Ms. Wall advised $100,000 is needed for overruns on the cost of Hurricane Erin; and inquired if that is for Solid Waste or the County's operational costs. Ms. Wall advised she is speaking concerning the General Revenue funding agencies. Mr. Jenkins noted it is only an estimate at this point. Commissioner O'Brien stated he discussed the 100% recovery of the cost with Mr. Rabon; that is a misnomer because it is only what they say is eligible for recovery of cost, so 100% might only be 75% or less; and the County could be in trouble if it is not careful. Commissioner O'Brien inquired if Ms. Wall is saying the General Fund is looking for an additional $100,000. Ms. Wall advised staff is assessing the expenditures that have occurred since Hurricane Erin, and is requesting the Board set aside $100,000 in a reserve account for future funding. Mr. Jenkins stated staff is not asking for additional money because the Board set the millage higher than what was requested; the reserve account has $2.3 million; and staff recommends that $100,000 of the $2.3 million be set aside for cost overruns as a result of Hurricane Erin.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to set aside $100,000 in a reserve account for cost overruns as a result of Hurricane Erin. Motion carried and ordered unanimously.

Commissioner O'Brien inquired if there would be any direct impact on the Titusville-Cocoa Airport Authority if the Valkaria Airport was moved under its wing. Bill Hutto, Executive Director of Tico, responded that would have to be looked at seriously; it is hard to say from here; and the Authority could not take on Valkaria without some type of compensation or arrangement for part of the leases or revenues presently on the airport. He stated Tico's budget is bare bones, and it could not take on additional liability without some type of revenue to help support it. Commissioner O'Brien inquired did the Board budget anything for Valkaria this year; with Ms. Wall responding no General Fund support, but Valkaria Airport has its own self supporting budget. Commissioner O'Brien inquired if the Valkaria Airport budget is moved to Tico, putting them all under one umbrella, would that suffice; with Mr. Hutto responding perhaps. Commissioner Ellis inquired if Valkaria Airport could be added since it is outside the taxing district. Mr. Hutto stated that is an issue that the Authority has thought about; Tico could not own it under the present legislation; that would have to go before the Delegation; but there may be a way that it could be managed under some type of contract, if that is the Board's desire. He stated that is an issue that would have to be addressed with the taxpayers because Tico does not tax those districts. Commissioner Higgs stated there would be serious questions from the people in District 3 who are in proximity to the airport about giving over the airport to Tico; consideration of a management arrangement as opposed to an Authority arrangement might be a possibility; and the impacts on the Golf Course and Mosquito Control would have to be considered. Commissioner O'Brien stated the Citizen Budget Review Committee considers Valkaria misplaced as an element under the Public Works Department; the airport is well managed; but the Committee believes that considerable savings to the County would be realized by having Tico manage the facilities; and what the Committee is looking for is tieing all the airports under Tico and getting Henry Minneboo out of the airport business.

Commissioner Ellis stated if you look at Valkaria Airport, there is not much way to generate considerable savings; Chairman Higgs' concern is with the people in Valkaria; but he is also concerned about the Tico people because they have enough problems with Tico, Merritt Island, and Dunn Airports, and do not need to have the Valkaria headache dropped on them. He stated it is not fair to Tico; and he does not know how much cheaper it would be because even if Tico managed Valkaria Airport, it would have to have someone down there at least on a part time basis. He stated if the intent is to lower the budget of Valkaria Airport, the County could put Mr. Henderson on a part-time basis or look for some other method of saving a few dollars, but when you are only spending $100,000 a year, you are not going to get substantial savings by moving Valkaria under Tico.

Commissioner O'Brien stated he accepts that; but the CBRC considers that Valkaria Airport is misplaced as an element of the Public Works Department, and it should be managed by Tico.

Mr. Jenkins stated it would be important to separate the issue of the Authority from the issue of a management contract because the Tico Authority members who are volunteers live in Districts 1, 2 and 4; but if it was purely a management contract where Mr. Hutto reported to the Board relating to the issue of Valkaria Airport, that would be something to look at; and the other consideration is the Board needs to decide what it is going to do with Valkaria Airport. Chairman Higgs stated that is part of the decision that the existing Advisory Board is working on in developing a revised master plan; and that will be brought to the Board; so it may be premature for the Board to talk about different management contracts.

Commissioner Scarborough stated if the people of Valkaria wanted to address the Tico Board, it would have to go all the way to Titusville; and there are some concerns in Valkaria. He stated if any services went beyond the management contract, then the people in Districts 1, 2 and 4 would be saying they are subsidizing something outside the District. He stated there are representation and taxation issues; and this could excite both ends of the County with no winners.

Commissioner O'Brien inquired if Commissioner Scarborough is saying to move Valkaria Airport under management of Tico is not a good idea. Commissioner Scarborough stated there are some real problems with the way it is structured; and there would be difficulties making people happy. Commissioner O'Brien inquired if it is a good idea to leave it under Public Works. Commissioner Scarborough responded it may not be good to leave it under Public Works; however, the options would be for it to go out as a contract on the market; and inquired why could not anyone operate an airport. Commissioner O'Brien stated it could be privatized. Chairman Higgs stated the homeowners have talked about it appropriately being put under Parks and Recreation again. Commissioner O'Brien inquired if it would be responsible to put it out for bid for privatization. Chairman Higgs stated it is premature until the Board gets a recommendation from the Advisory Board on the master plan; and when the Board makes a decision about where it is going with the airport, then it can decide what the appropriate management mechanism would be. She stated it might be appropriate for the Advisory Board to look at what would be an appropriate management mechanism. Commissioner O'Brien inquired if it would overstep the Board's bounds to ask the County Manager to appoint a committee to get input from Tico and Valkaria and look at privatization as a third option, and bring it back to the Board in six to eight months. Commissioner Ellis stated he does not see any favorable side for Tico. Chairman Higgs stated she does not see any reason to do that right now; but later when the recommendation comes, she would support a different look. Commissioner O'Brien stated the law library wanted extra money in its budget for setting up the CD-ROM network, which the Board did not approve, purchase of two librarian work stations, and additional staff. Commissioner Cook stated the Board addressed that to some extent by suggesting looking at court funding; and Mr. Managan advised the money for the actual move is already programmed. Mr. Jenkins stated staff agreed to look at the court fund for additional shelving, etc. Commissioner O'Brien stated capital outlay has been taken care of; and inquired about the operating hours. Commissioner Cook stated he had requested the library stay open at least until 6:00 p.m. Commissioner O'Brien stated he requested it open at 9:00 a.m. and go until 6:00 p.m. rather than 8:00 a.m. to 5:00 p.m. Commissioner Cook stated he thinks Ms. McFarland will take a look at that and get back to the Board. Law Library Director George McFarland stated she will be glad to look at that.

Commissioner O'Brien expressed concern about the cost of copies for the public. He suggested if documentation was computerized, the copy machines would be used less; if public records are put onto a mainframe, individuals who want the records can look for them on their own time, rather than asking a County employee to do it; and copies could be printed for the cost of the paper and electricity. Commissioner Cook stated years ago there was a gentleman from Merritt Island who got an Attorney General's Opinion; the County was charging $1 a copy for documents; and that was a discouragement for people to get public information. He stated the AGO which was sent to the County provided that only the actual costs for the document could be charged; and the Board may want to find that opinion and find whether it is still within the spirit of that.

Commissioner Scarborough stated there are all kinds of ways to allocate costs; but he does not think the Board should ever discourage the public from knowing what is going on. He stated the person who is coming in is probably averse to your position; but you have just as much responsibility as an elected official to see that even a person who is averse to your position is fully informed of the facts. He inquired if the Board could make a policy that it will charge five cents a copy; and stated there is still a cost there, but it would be going to the lower end of reasonable cost. Chairman Higgs inquired what is the average cost of a copy; with Commissioner Scarborough responding staff is saying it is fifteen cents per copy. Chairman Higgs inquired if that is real cost. Discussion ensued on the real costs. Mr. Jenkins stated he will verify where the fifteen-cent figure came from. Commissioner Scarborough inquired if someone walks into a County office today, what are they charged; with Mr. Jenkins responding fifteen cents. Chairman Higgs stated under the copy machine contract that was extended, there was a per copy cost; and the Board decision is whether it wants to attribute overhead or any other costs to that. Commissioner Scarborough stated the Board could just go to the actual cost per copy. Chairman Higgs stated the Board could do that or it could assess overhead costs. Commissioner O'Brien stated employees are paid to do their jobs; if a citizen wants 150 copies of something, the employee is drawn away from his typical task to do a specific single citizen task; that is why the County charges for the overhead cost to do something that is extraordinary from what the employee's job calls for, unless the Board wants to open a copy office; and he does not think the Board wants to do that. Commissioner Scarborough stated the job of all government employees is to allow the public to be informed; there are some incidental costs to doing everything; five cents is easier than three cents; but employees have a duty to work for the public. He stated if the public does not know what is going on, there is not the government the Board perceives of.

Commissioner Cook stated it is important to supply the documents; and he can remember a time when it was by design to discourage people from getting public documents, but that is not the way it is now. He stated the Board could look at giving the first 100 copies free; and inquired why should an employee have to go through an involved procedure to collect a small sum. He noted the procedure the employee has to go through is probably not worth what the County is charging for the copies. Chairman Higgs inquired if it would be the first 100 copies each day; and stated that needs some clarity. She stated the Board needs to know what the actual costs are; this does not have major impact to the budget; it is a policy decision; and if the Board gets the facts, it can make a decision on it.

Commissioner O'Brien suggested offering the public the first 50 copies at no charge, and if the document is longer, it can be put on disk, the person can go to a local computer to look at it page by page, and if the individual wants to print it out, he can pay a company to print it out. Chairman Higgs noted not everything is on disk. Commissioner O'Brien stated with the cost of scanners, this could be paid for quickly. Chairman Higgs stated the Board needs to get more information.

Commissioner Scarborough explained how his office handles providing copies for the public; stated if someone wants hundreds of copies, he charges them; but that is extremely rare. He stated the individual has already been inconvenienced by having to come to the District Office to ask for the information; and if they have overcome the impediments to get the information, another ten to fifteen dollars is not going to deter them from making their request. He stated he would go along with giving the first fifty to one hundred copies free.

Mr. Knox advised the fifteen cents maximum is set by Florida Statute with an additional five cents for a two-sided copy, and one dollar for a certified copy; and if it requires extraordinary work on the part of the technology or the clerical staff, then a special service charge can be charged on top of the copy fee to compensate the personnel charges. Commissioner Scarborough stated it is up to fifteen cents, and it could be below that.

Commissioner Cook stated he would like the Board to take a look at this; he does not know that it wants to do anything tonight; but the Board should find out the actual cost per copy; and he would like to see the Board address lowering that cost, with fifty to one hundred pages free. He stated the County should reward people for wanting to find out what is going on in their government.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct the County Manager to report on the true costs of making copies, broken down by overhead costs as well, and with options for doing it in a paperless manner. Motion carried and ordered unanimously.

Commissioner Ellis stated on the pay increases, it would be more fair instead of having the one-time incentive payment that it be added to the salary. He stated with the union employees and the firefighters, it will be added to the salary; it will not affect the budget this year; but it will affect the budget next year. Chairman Higgs stated she would support that.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to direct that the proposed pay increase for employees be implemented by adding it to the salary instead of having a one-time incentive payment. Motion carried and ordered unanimously.

Commissioner Ellis stated the last General Fund millage was 4.40 mills; it started this year at 4.11 mills; and now it is at 4.28 mills. He stated the difference between the 4.11 mills and 4.28 mills is approximately $2.5 million; and almost all of that is going into the General Fund reserves. He stated setting the General Fund millage at 4.18 mills would still increase the General Fund reserve by $1 million; and that would be a 5% cut over last year's millage. Commissioner Cook stated the only impact on the budget would be the deletion of an additional $1 million into the reserve. Commissioner Ellis stated currently it is $2.3 million additional reserves; and instead it would be $1 million. Commissioner Cook stated that would be a 5% reduction; with Commissioner Ellis responding in General Fund. Mr. Jenkins stated that is Commissioner Ellis' estimate; and staff will confirm the numbers.

Commissioner O'Brien stated if the Board can do that, it can take the $1 million and move it to parks; the parks need approximately $1 million to bring them up to speed; the comment was made that the Board should not allow itself to get into the same position the School Board did by not maintaining its facilities; and the County is falling through the cracks on maintenance. Chairman Higgs stated there is $1.1 million in bridge repairs that were pointed out at the Transportation Workshop that are deemed priorities; if you look at the 2020 Plan for Brevard County Roads, there are $575 million that will need to be invested in Brevard County roads by 2020; a maximum security jail is needed in two years for $31 million; and the list goes on. She stated she understands the desire to cut, but the Board has achieved a 1.7% cut as is; and the $2.3 million that is in the reserve account needs to be allocated to some of those areas including parks. She stated $479,000 has been pointed out in immediate roof repairs that are needed; and the Board needs to allocate some to reserves and some to the needed infrastructure repairs so the County does not further degenerate its infrastructure.

Commissioner Cook stated the County has a huge budget; there are all sorts of needs that could be addressed; they are all important; and he may have some other item he wants to spend $1 million on; but at some point, the Board has to say this is the budget it can live with and the budget that responds to the needs of the public; and under Commissioner Ellis' proposal, the County would still be left with a $5 million reserve. Commissioner Cook stated the only question is whether to take a million out of proposed reserves and let the people keep a little more money in their pockets; and emphasized the County will still have a $5 million reserve fund. He stated it does not sound unreasonable, and it does not affect any further cuts in any other departments or other budgetary things. He stated the Board talks about a few cents here and a few cents there, but his concern is the average tax burden of the average wage earner today is almost 40% of their income; and when the public is giving 40% of its income to the government, it is incumbent upon the Board to do what it can to help reduce the burden while meeting the community needs. He stated the Board needs to be sensitive to the taxpayer, who has a huge burden when you consider federal, state, and local taxes.

Commissioner Ellis stated if the Board takes the General Fund down to 4.18 mills, that means the total ad valorem tax proceeds for this year are about the same as last year; so it has at least held the line. Chairman Higgs stated the first year she was on the Board there was a 4% decrease; the second year it was a flat level; and this year it is down 1.5; so with the current proposal, it is 5% below. She stated she does not want to increase taxes; in her three years on the Board, the Board has done the opposite; but there are a number of needs that are real and will continue to grow geometrically if something is not done. She stated the bridges, roads, jail, community organizations, parks, etc. will just get worse.

Ms. Wall stated with a General Fund millage of 4.18 mills which is a 5% reduction from the current year's General Fund millage, it would result in an increase to the General Fund reserves of $1.4 million. Commissioner Cook inquired what would the total reserve be; with Ms. Wall responding $5.4 million. Commissioner Ellis inquired if Ms. Wall is sure of the figures. Ms. Wall responded the General Fund revenue will be $58,581,085; right now it is projected with the tentative millage $59,999,364; and the difference would be $1,418,279. Commissioner Cook inquired if that would be without additional cuts in the budget, and the only difference would be the additional money added to the reserves; with Commissioner Ellis responding yes. Commissioner Cook stated the only difference would be the amount going into reserves, and under this scenario there would still be $5.4 million in reserves. Chairman Higgs stated it does not have to be allocated to reserves; and it could be allocated to projects, or part to projects and part to reserves. Commissioner Cook stated if it is reserves, the Board could come back at a later date and allocate. Commissioner Ellis stated his concern is the more money put into reserves, the more will be spent. Chairman Higgs stated some should be allocated today. Commissioner O'Brien inquired what is the philosophy behind the reserves. Mr. Jenkins stated it provides a cash flow at the beginning of the year to operate on; during the course of the year, the money is spent and at the end of the year, it is re-accumulated; and it also provides money if there is an emergency. He noted this is the General Fund only, and there are many other funds with reserves.

Commissioner O'Brien stated people in his area of the County are starting to make noise about the condition of the playing fields for the children for various sports as well as the general condition of the parks and buildings; and he does not want to be here three years from now and have people accuse the Board of being like the School Board, constructing buildings and not taking care of them.

Commissioner O'Brien stated previous Commissions built the parks; the Board has the responsibility to take care of them and the public at large; he does not agree with raising taxes just because the Board cannot control itself; but he does not think the Board should be cutting taxes just for the sake of cutting taxes, and shooting itself in the foot.

Commissioner Cook stated there is a management responsibility; the budget has maintenance cost programmed in; and the budget meets a lot of community needs. He stated there has to be responsibility as public officials that the line has to be drawn somewhere; there would still be $5.4 million in reserves; that is more than was in reserves last year; and this would have no impact on cutting any services currently programmed in the budget. He noted it does not even address all the other reserves in other funds. He stated originally there was a target of 5%; and if reducing the amount of extra reserves allows the Board to meet the target without cutting additional programs, that is a worthwhile target.

Chairman Higgs stated going into the reserves with some money is important, but when the Parks Department says there are $430,000 in immediate roof repairs, and within two years, there will be another $500,000 in needed roof repairs, and the Transportation staff says there is $1 million plus needed in bridges, it is not wise to cut beyond the 1.5%. She suggested the Board look at some going to reserves, and then prudently look at the needs in terms of maintenance to build up the road repair and expansion, and save for the jail and bridge work. She stated it does not all need to be allocated tonight, but the millage needs to be set at the level that it is, and then determine the specifics within the budget cycle.

Commissioner Cook stated at some point the Board could allocate the $5.4 million. Chairman Higgs stated the Board cannot allocate all the reserves. Commissioner Cook stated the Board is talking about a million dollar difference in what it is going to put into reserves and being able to reach the goal of reducing the tax burden without cutting the budget any additional amounts. He stated the bone of contention is how much the Board wants to put into reserves; and if it puts a little less in reserve, the taxpayer can be given a little more of a break on their taxes. He reiterated it is significant that the $5.4 is more than was placed in reserves last year.

Chairman Higgs stated she is not urging putting a lot of money into an ambiguous reserve account; and if the money is set aside, it goes basically into capital improvements that are planned.

Commissioner Scarborough stated he has concerns about revenues; he has no problem with a million dollars going into reserves; and at mid-year, he would have no problem with allocating for capital projects; but he would prefer to hold money until the numbers are firm. He stated there are a lot of people who come to the Board with little requests; what the Board may be able to do is look at a budget which will have a substantial decrease in taxes, money held in reserve, and answer some of the smaller concerns, and then at the interim, put together capital projects which can be funded at mid-year. Chairman Higgs inquired what millage is Commissioner Scarborough talking about and how much would be available. Commissioner Scarborough stated Commissioner Ellis previously wanted to go to a point where there would be nothing held back; but Commissioner Ellis is now at the position where he is willing to see an additional $1.4 million in the budget; so the Board is moving together, and he can see some things coming together which he can support all elements of. Commissioner Cook concurred; and stated he would like to see the Board allocate for capital projects, but rather than do it tonight, he would like to see it have a little more thought. He stated he does not disagree with the direction. Chairman Higgs stated if the Board goes to the lower millage, it will have $1.4 to go into reserves; the building up of any capital improvements or reserve is not going to happen; and all the Board is going to be able to do is take care of some immediate needs. She stated it may be possible to take care of some of the little requests, but not the big things; and the Board will have to go to the taxpayers in two years to ask for more road money, more jail money, etc. She stated that is not the right way to go; it is not fair or direct; and the Board needs to tell the people now, it is going to cut taxes, but in two years it will have to ask for more gas taxes, jail money, etc. She stated what the Board should do is allocate its resources now to prudently more forward and have a good CIP, and not cut beyond what the Board can begin to build up to pay for the costs that are going to be there; and the County should live within the means it has and not be ready to jump to the taxpayers in a year or two needing more money. Commissioner Cook stated that is not going to be necessary; a $5.4 million reserve is a hefty reserve; and people concentrate on what the Board did not do in the budget, but they should look at the millions that were spent in the budget. He stated the Board is trying to meet the community needs; the Board is allocating over $5 million to reserves; it can later look at how it wants to allocate that money; and some of the things Chairman Higgs brought up are important and things the Board wants to consider. He stated a lot of this comes with management, insuring the needs are being met; he keeps hearing about the School Board; the School Board had the maintenance money each year, but under school-based management, the principals of the schools did not use the money for maintenance; and that has now changed. He stated it is a good signal to the taxpayers that the Board can put a substantial amount of money in reserves and still lower taxes; it is not looking at cutting services, but doing things more efficiently to stretch the dollars; and the County is looking at being a better managed government. He stated there is no question what the taxpayers are looking for; the elections have shown that; the citizens feel put upon by government, and rightly so when 40% of wages go for taxes; and cutting out an extra million dollars that will not be taken out of the taxpayers' pockets this year is a reasonable request. Commissioner Scarborough stated the primary concern is the solvency of the County; but nobody says they care about that. He stated he has seen a couple of million dollars extra come in at mid-year; this year he is more concerned; and explained a situation with the City of Titusville with a shortfall. He noted the Clerk advises there is less refinancing and he has a half million dollars less; and there is no control over that. He stated he is willing to talk about numbers for capital projects; if the compromise is to go for the higher millage, he would like to reserve the discussions for the capital improvements until mid-year; and when the Board talks about capital improvements, it must talk about funding sources. He stated the Board has discussed going to referendum for the jail and it has talked about doing it this way; he has not made a decision; but the Board could put itself in the posture that as it works in the fall, it would have something that is fundamentally sound, with no risk, but structured to talk about doing capital projects in early Spring. He stated if the County is in a good situation at the mid-year budget, the people next year will get an additional tax decrease because the County is running well; so it builds on itself. He stated what scares him is to do everything in one night, go too far to accomplish too much, and then have something reverse, resulting in not being able to do things during the year, having additional restrictions, and tax increases next year.

Ms. Wall advised the correct number is $938,629 increase to the General Fund reserves.

Commissioner Ellis stated his concern is whether it is set at 4.28 or 4.18, a capital reserve is not being built; either it would add $1 million or $2.3 million; but the Board is already talking about spending it, so clearly that will not be a capital reserve. He stated the riddle is when is a cut not a cut, and the answer is when it is a government spending cut. He stated even if the Board comes down to 4.18 mills, the County will still generate the same amount of ad valorem taxes in FY 1996 that it did in FY 1995 because of new construction and increased values. He stated it is still the same amount of money as before but the Board is able to take the millage down somewhat; and that is not what he considers a real cut because the County will take in the same amount of money as it did last year; but at least that is a start. He stated increasing the reserve by $1 million is a good thing just in case there are some problems from the hurricane.

Commissioner O'Brien stated there is an agency on Merritt Island planning it the same way, and now they are broke; it was planning on increased property values and other winds of God to blow their way, and unfortunately, the credit line with SunBank has been blown. Commissioner Ellis stated the numbers the Board is using are real numbers, not projected numbers. Commissioner O'Brien inquired if the parks need $1 million to get up to speed, where would that money come from. He stated every time during the year that he asked for money to fix some fields in Merritt Island, he was told he could not do that; he was lucky to find money for the lighting; and the fields are getting bad. Mr. Jenkins stated the money could come from a re-prioritization of what the money is currently spent on and there is a history of coming up with money at mid-year above and beyond what is budgeted; but the Board will not know that until the middle of the next fiscal year; and at that time, some of those funds could be reallocated for that purpose. Mr. Jenkins stated until the Board knows how much is there, it cannot allocate it, but the Board can make a commitment to use the money for that purpose. Commissioner O'Brien stated the Board already made the investment in purchasing various parks and buildings; the parking lots are falling apart and roofs are leaking; and it is a disservice to the public to not find the funds during the budget process to make those valid repairs to the Board's initial investment. He stated it is like buying a car and not changing the oil for the first 150,000 miles.

Chairman Higgs stated she would be willing to support the existing millage of 4.2812 mills with the predominant excess funds going into the reserve; and the Board would begin to look at its priorities and needs now for allocation at mid-year. Commissioner Scarborough stated that would give Commissioner O'Brien the opportunity to have funds to answer the questions; with Commissioner O'Brien advising the Board will find a bridge to build instead. Chairman Higgs stated if the bridge is going to fall down and people are going to die, it is a priority. Commissioner O'Brien stated he is aware there are other serious problems. Chairman Higgs stated every District has parks that need work; and she is willing to look at that. She stated roofs that are leaking have to be fixed.

Commissioner Cook stated he has never seen anyone go to a County Department that could not come up with hundreds of thousands of dollars of things that they could really spend money for and have improvements for the community; so he is not surprised. He stated the point is whether the County is meeting the level of service; and he thinks it is. He stated the people he talks to have a concern about their burden; whatever the Board can do to help ease that burden, it should do; and people do not want business as usual. He noted people understand it takes revenues to provide the services; he would want an adequate amount in reserve; and at mid-year, the Board can address some of the additional capital projects that are needed. He stated his only disagreement is on the amount of the reserve; he would like to see something less than the proposed millage, even if the Board puts $1.5 million extra in the reserve instead of the $2 million; and he would like to see a little more reduction. He noted a $5.4 million reserve is a hefty padding; and looking at past budgets, that is more than normally would be in reserves.

Commissioner Scarborough stated at mid-year he would be happy to drop down to what is in reserves now and allocate the rest for capital projects; each Commissioner has capital projects he or she sees needs for; and in that manner, everyone could be comfortable.

Commissioner Cook stated his only concern is the Board made a commitment to 5%; and the Board has to tighten its belt, and be leaner and more efficient. He stated 5% is not unreasonable to ask for reduction in the millage when it can be accomplished without any further cuts in the budget and putting less in reserves. He reiterated there will still be over $5 million in reserves which is more than was in reserves last year. He stated it is nice to have more money in reserves because there are always needs; but the County needs to hit the level of service that meets the required needs of the public which the Board serves and give the taxpayers some sort of relief from their tax burden. He noted there are people who are having trouble making their mortgage payments; there are people on fixed incomes; and any amount of money that they can save has a direct impact on their lives. He stated those are the people the Board has to be concerned about.

Commissioner Ellis advised the Parks and Recreation budget is $13.4 million; of that, $8.3 million is the General Fund; the General Fund millage collects $60 million; 13 to 14% of the General Fund is going for parks; and that is pretty generous.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant tentative approval of General Fund millage at 4.1800 mills.

Chairman Higgs stated she is not going to support the motion; there is a need to look beyond this year; and unless the Board starts to maintain its facilities and look after long-term capital needs, it will be in the position the School Board was in and have to ask for more money which is not fair.

Commissioner Scarborough stated the Board has an obligation to not just this year; the prudent person keeps money in reserves, does it cautiously and is capable of continuing the path; and Commissioner Cook would find the Board would be better if it was consistently able to reduce the millage as opposed to overly reducing it one year and then having a shortfall the next year and not be able to keep up with projects. He stated that is more likely if you push yourself to do too much at one time.

Commissioner Cook stated only a government could think that $5 million in reserve is hurting itself. He indicated he does not believe that with $5 million in reserve, the Board is going to have to raise taxes next year. He stated if the Commissioners do not want to vote for the motion, that is fine, but it should not pull out the bogeyman. He stated the County is spending one of the highest percentages in the State on parks; he is not saying that is bad; the County has to provide those things; but the disagreement is how much is enough to put in reserve.

Commissioner Scarborough stated that is a question for the finance people; but he wants to have a prudent amount in reserves. He stated if an individual spends down a non-recurring asset, such as taking money out of savings, next year he does not have it; and if the Board spends down $2 million out of reserves on a recurring expense, such as a salary increase, it is writing the taxpayers into a corner where the taxes will have to be increased. He noted if the money is spent on capital non-recurring items, that does not occur; so there is a twofold danger in that there is less in reserves and it is possible to get in a posture of having to live off your savings. Commissioner Cook inquired what happened last year when there were less reserves and this year it is still possible to cut taxes. Commissioner Scarborough stated if the Board waits until mid-year, he would be more comfortable about spending than he is now because there would be definite figures. Commissioner Cook stated to try to portray it to be irresponsible to have more in reserves this year than last year is not a fair appraisal; and to say the parks are going to fall apart and things will not be maintained when the County is spending $14 million this year is not an accurate picture. He stated the Board can reduce this year by taking less in reserves and still have room next year to look at additional cuts or additional ways to save money. He advised this year the freeze saved $588,000; the level of service did not go down; the needs of the community were still met; and the portrayal of someone wanting to cut the budget as being irresponsible is a form of demagoguery. Commissioner Ellis stated the Board is not spending down the reserves; at a millage of 4.18 mills, the reserves are being increased by $1 million, not decreasing them; and what the Board needs to do is prioritize its spending. He noted the Board has never prioritized its spending.

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

Commissioner Cook inquired if Commissioner Scarborough cannot support anything less than tentative millage. Commissioner Scarborough stated he is not saying that; whatever the Board does tonight, it can reduce on September 20, 1995; but the Board will not be able to come back up from a lower millage. Commissioner Scarborough advised of past events which created problems at budget time. Chairman Higgs suggested going with the tentative millage of 4.2812. Commissioner Scarborough stated the Board can always reduce it on September 20, 1995.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant tentative approval of General Fund millage at 4.2812 mills. Motion carried and ordered. Commissioners Scarborough, O'Brien and Higgs voted aye; Commissioners Cook and Ellis voted nay.

Library District

Ms. Wall advised the tentative millage for the Brevard County Free Public Library Districts is 0.7531 mill.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant tentative approval of Library District millage at 0.7531 mill. Motion carried and ordered unanimously.

Mosquito Control

Ms. Wall advised the tentative millage for Mosquito Control is 0.352 mill.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to grant tentative approval of Mosquito Control millage at 0.352 mill. Motion carried and ordered unanimously.

Fire Control MSTU

Ms. Wall advised the tentative millage for the Fire Control MSTU is 1.5944 mills.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant tentative approval of Fire Control MSTU millage at 1.5944 mills. Motion carried and ordered unanimously.

Recreation District 1 MSTU

Ms. Wall advised the tentative millage for the Recreation District 1 MSTU is 0.4573 mill.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to grant tentative approval of the Recreation District 1 MSTU millage at 0.4573 mill. Motion carried and ordered unanimously.

Recreation District 4 Operation and Maintenance

Ms. Wall advised the tentative millage for the Recreation District 4 Operation and Maintenance is 0.5879 mill.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to grant tentative approval of the Recreation District 4 Operation and Maintenance millage at 0.5879 mill.

Commissioner Cook inquired if that is a reduction from last year; with Ms. Wall responding affirmatively.

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

TICO Airport Authority

Ms. Wall advised the tentative millage for the TICO Airport Authority is 0.035 mill.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant tentative approval of the TICO Airport Authority millage at 0.035 mill. Motion carried and ordered unanimously.

Law Enforcement Countywide MSTU

Ms. Wall advised the tentative millage for the Law Enforcement Countywide MSTU is 0.8992 mill.
There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the Law Enforcement Countywide MSTU millage at 0.8992 mill. Motion carried and ordered unanimously.

Road and Bridge District 1 MSTU

Ms. Wall advised the tentative millage for Road and Bridge District 1 MSTU is 0.7840 mill.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to grant tentative approval of the Road and Bridge District 1 MSTU millage at 0.7840 mill. Motion carried and ordered unanimously.

Road and Bridge District 2 MSTU

Ms. Wall advised the tentative millage for Road and Bridge District 2 MSTU is 0.4665 mill.

Commissioner O'Brien stated after discussion with the Public Works Director and looking over the District 2 projects, he would like to reduce his initial 25% increase to a 20% increase.

Senior Budget Analyst Neil Boynton advised to do that would result in a millage of 0.4778 mill, which is a 19.99% increase.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant tentative approval of the Road and Bridge District 2 MSTU millage at 0.4778 mill.

Commissioner Ellis stated the District 2 MSTU area is the most unincorporated area, one which has some of the long term problems, and the one which has the lowest MSTU. He stated the concern is that on an area like Merritt Island, the MSTU is all there is to turn to; it is not possible to go into the General Fund to do the pipe jobs; and he is concerned if there will be enough money. He stated if the tax cap passes in the Spring, the millages will be limited to a 2 to 3% increase; and if anyone is serious about canal dredging, it will not be possible with where the millage is now. He noted there is a tremendous backlog of almost half a million dollars.

Commissioner O'Brien stated he talked to staff this afternoon; they went over everything very closely; and this is the number they decided to go with. He noted he is also trying to reduce taxes; but this is an area where he has to increase because of some of the drainage problems and roads which need repair. Commissioner Cook stated he will support the motion because the District 2 Commissioner has a handle on what the needs are. Commissioner Ellis stated if the tax cap goes through, there will never be another chance to increase more than 2 or 3%; and it will be hard to go with General Fund millage into the unincorporated area.

Chairman Higgs inquired if the Board can go up or down after tonight. Ms. Wall advised the Board can decrease, but not increase.

Commissioner Cook stated in California, people said with Proposition 13 the sky was going to fall; and they survived. He noted it is a 20% increase over last year's millage.

Commissioner Ellis stated as the representative of Palm Bay, he can assure the Board how fast infrastructure can crumble if it is not maintained. He stated he has serious concerns about the infrastructure backlog on maintenance issues.

Chairman Higgs stated if Commissioner O'Brien took Commissioner Ellis' caution and left it at the proposed 0.4665, he could go down at the final budget hearing, but she will go with his recommendation. Commissioner Ellis stated he will agree with Commissioner O'Brien's recommendation, but there needs to be a lot of caution in what is going on. Commissioner O'Brien stated he does not want to look at it again; he has done his homework for a number of weeks; he looked at the numbers seriously, and projected the future; and this is where it should be.

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

Road and Bridge District 3 MSTU

Ms. Wall advised the tentative millage for Road and Bridge District 3 MSTU is 0.6617 mill.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to grant tentative approval of the Road and Bridge District 3 MSTU millage at 0.6617 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU

Ms. Wall advised the tentative millage for Road and Bridge District 4 MSTU is 0.5267 mill.

Commissioner Cook stated what has happened with the MSTU 4 is there is a roll forward because of the split out with the South Merritt Island MSTU; and he would like to reduce the millage because of that. He inquired what would it be at the same level as last year; with Ms. Wall responding 0.5035 mill. Commissioner Cook inquired if that eliminates the roll forward of $27,000; with Ms. Wall responding affirmatively.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to grant tentative approval of the Road and Bridge District 4 MSTU at 0.5035 mill. Motion carried and ordered unanimously.

Road and Bridge District 5 MSTU

Ms. Wall advised the tentative millage for Road and Bridge District 5 is 0.7500 mill.

There being no comments or objections heard, motion was made by Commissioner Ellis, seconded by Commissioner Scarborough, to grant tentative approval of the Road and Bridge District 5 millage at 0.7500 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU Beaches

Ms. Wall advised the tentative millage for Road and Bridge District 4 MSTU Beaches is 0.6028 mill.

Commissioner Cook stated he would like to bring the tentative millage down to last year's millage of 0.6011; and inquired if that is correct; with Ms. Wall responding yes.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to grant tentative approval of the Road and Bridge District 4 MSTU Beaches millage at 0.6011 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU Merritt Island South

Ms. Wall advised the tentative millage for Road and Bridge District 4 MSTU Merritt Island South is 0.2500 mill.

Commissioner Cook stated that cuts the millage in half for the South Merritt Island people.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to grant tentative approval of the Road and Bridge District 4 MSTU Merritt Island South millage at 0.2500 mill. Motion carried and ordered unanimously.

Beach and Riverfront Acquisition

Ms. Wall advised the tentative millage for Beach and Riverfront Acquisition is 0.2349 mill.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to grant tentative approval of the Beach and Riverfront Acquisition millage at 0.2349 mill. Motion carried and ordered unanimously.

Environmentally Endangered Lands

Ms. Wall advised the tentative millage for Environmentally Endangered Lands is 0.2500 mill.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant tentative approval of the Environmentally Endangered Lands millage at 0.2500 mill. Motion carried and ordered unanimously.

Port St. John/ Canaveral Groves Recreational Facilities MSTU

Ms. Wall advised the tentative millage for the Port St. John/Canaveral Groves Recreational Facilities MSTU is 0.900 mill.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant tentative approval of the Port St. John/Canaveral Groves Recreational Facilities MSTU millage at 0.900 mill. Motion carried and ordered unanimously.

The meeting recessed at 9:34 p.m. and reconvened at 9:47 p.m.

ANNOUNCEMENT, RE: RECOMPUTED TENTATIVE AGGREGATE MILLAGE

Management Services Director Michael Managan advised the recomputed tentative aggregate millage rate is 6.7481 mills which is a 1.2% decrease from the aggregate rollback rate of 6.8349 mills.

PUBLIC HEARING, RE: FINAL FY 1995-1996 BUDGETS FOR MELBOURNE-TILLMAN
WATER CONTROL DISTRICT, SOLID WASTE MANAGEMENT DEPARTMENT,
EMERGENCY MEDICAL SERVICES AND SURFACE WATER IMPROVEMENT PROGRAM

Chairman Higgs called for the public hearing to consider the FY 1995-1996 budgets for the Melbourne-Tillman Water Control District, Solid Waste Management Department, Emergency Medical Services, and Surface Water Improvement Program.

Commissioner Cook stated he still has concerns about the Melbourne-Tillman Water Control District budget; in 1993 there was a 7% increase; last year there was a 10% increase; and this year the proposed increase is 7%. He stated this is a flat rate; it is not even a rollback percentage; and a 24% increase in three years is a substantial jump. Chairman Higgs noted it is ninety-six cents. Commissioner Cook stated it comes out of people's pockets, and it is real money. He stated Everett Dirksen said, "A million dollars here, a million dollars there adds up to real money." He stated taxes are 40% of people's incomes; everything cannot be broken down to cents here and cents there because it is not giving a true picture of the impact of what people are having to pay; and this is 24% in three years. He stated it is unconscionable for the Board to pretend that it wants a reduction in taxes, and then give a special district a 7% increase; and he cannot support that. He stated the Special Act was done in the 1920's; it is absurd that there is still a Special Act on the books that requires two Commissioners to agree on the millage; and inquired what would happen if the Commissioners in Districts 3 and 5 could not agree, would there be no millage. He stated the Board should ask the Legislative Delegation to look at addressing this because it is a throwback to another age. Chairman Higgs stated there was a change in the Act in 1986; and that is not another age. Commissioner Cook inquired what would happen if Commissioner Higgs did not agree with Commissioner Ellis and could not come to a resolution. Chairman Higgs noted they did disagree in 1993, but they compromised. Commissioner Cook stated he does not know of any other district in the state where two Commissioners have to agree on a millage; and inquired what would happen if the two Commissioners could not agree. Chairman Higgs stated being reasonable people, she and Commissioner Ellis were able to reach a compromise solution; the Act was passed in 1986; it is not another age; and it is what they have to deal with now; but she does not mind looking at it. Commissioner Cook stated it is an odd thing; and he has never seen a budget come under these types of restrictions. Chairman Higgs stated she wants a vote on the Tico Airport Authority. Commissioner Cook stated Chairman Higgs should have a vote and input on all this. Commissioner Cook stated that is something the Board can look at in the legislative package. He stated his concern is the Melbourne-Tillman Water Control District had increases, it is a flat rate, it is a user fee; and 7%, even though it will not affect anyone in his District, is a large increase.

Commissioner Ellis stated he agrees with the size of the increase, but he is familiar with where the Water Control District was five years ago; and it is the same situation the Board is at with a lot of its drainage problems. He stated once you recognize that you have gotten behind, you have to increase the funding to catch up; there were a lot of old metal pipes put in by GDC in the 1950's which were collapsing throughout the system, and they had to all be replaced; and a big part of the cost has been upgrading the system.

Commissioner Cook stated that is fine; it is of no consequence because the Districts 3 and 5 Commissioners have to agree; that is the law; and that is where it is tonight. He stated he just wanted to comment for the record because the Board has asked a lot of departments and agencies to cut as well as the Constitutional Officers; and it bothers him to grant a 7% across the board increase.

Commissioner O'Brien inquired what would happen if the Board went back to Tallahassee and requested the Water Control District be abolished and deeded over to the County and the City. Commissioner Ellis responded it will not work like that because there would be two different entities trying to maintain one system; and if the District is abolished, it should be passed to the County. Commissioner Cook stated someone suggested just bringing it under the County. Commissioner Ellis stated the District would be dissolved; then the County would have to absorb out of the Public Works budget the million dollars to run the District. Commissioner Cook stated the revenue is there within the budget. Commissioner Ellis stated the question would be whether there could still be an assessment if the County took it over. Discussion ensued on the ramifications of abolishing the Water Control District.

Commissioner Cook stated his concern is the Melbourne-Tillman Water Control District subsidizes insurance at a different level than the County does for its employees. Chairman Higgs stated they have the same insurance, but pay half the dependents' coverage; however, they do not have a number of the benefits that the County gives its employees; and so, she is comfortable going ahead this year. She stated she also looked at the District's pay increase policy, and is comfortable that it is the same as the County's when this year and last year are added together.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve the FY 1995-96 budget of $1,328,640 for Melbourne-Tillman Water Control District. Motion carried and ordered. Commissioners Scarborough, Higgs, and Ellis voted aye; Commissioners O'Brien and Cook voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the FY 1995-96 budget for the Solid Waste Management Department.

Commissioner Cook inquired if the budget is the same level as last year; with Ms. Wall responding yes. Commissioner Ellis stated he thought there was a $2 increase for collection. Solid Waste Management Director Richard Rabon advised the rate hearings were continued to the September 12, 1995 meeting, and will be set at that time; if the Board wishes to entertain a $2 increase in the collection rate at that time, the budget would have to be amended to include that revenue which is not included currently. Chairman Higgs inquired if the budget could be approved on September 12, 1995; with Mr. Rabon responding it could be done then and it would be in sync with the rates that were approved at the same time. Commissioner Scarborough inquired if there is a legal requirement for this to be heard after 5:30 p.m. County Attorney Scott Knox advised as part of the budget process, it needs to be heard after 5:30 p.m. Mr. Rabon stated the impact on the budget would be to the reserve fund. County Manager Tom Jenkins advised the Board can always do an amendment to the budget, if the Board decides to increase the rates.

Commissioner Cook stated as it stands now, there is no increase over last year in the rate.

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

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the FY 1995-96 budget for the Surface Water Improvement Program. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the FY 1995-96 budget for Emergency Medical Services. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution approving the budget for FY 1995-96 for the Melbourne-Tillman Water Control District. Motion carried and ordered. Commissioners Scarborough, Higgs, and Ellis voted aye; Commissioners O'Brien and Cook voted nay. (See page for Resolution No. 95-223.)

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

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

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution authorizing and adopting the user fees for the Melbourne-Tillman Water Control District. Motion carried and ordered. Commissioners Scarborough, Higgs, and Ellis voted aye; Commissioners O'Brien and Cook voted nay. (See page for Resolution No. 95-224.)

Chairman Higgs recommended Commissioners O'Brien and Cook visit the Water Control District to see the canals and what the District is doing. Commissioner Cook advised he has been down there.

PUBLIC HEARING, RE: RESOLUTION CERTIFYING THE 1995 EMERGENCY MEDICAL
SERVICES ASSESSMENT ROLL TO THE TAX COLLECTOR

Chairman Higgs called for the public hearing to consider a resolution certifying the 1995 Emergency Medical Services Assessment Roll to the Tax Collector.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt a Resolution certifying the 1995 Emergency Medical Services Assessment Roll to the Tax Collector. Motion carried and ordered unanimously. (See page for Resolution No. 95-225.)

PUBLIC HEARING, RE: TENTATIVE APPROVAL OF FINAL FY 1995-96 BUDGET

Chairman Higgs called for the public hearing to consider tentative approval of the FY 1995-96 final budget.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1995-96 Final Budget at $488,065,536. Motion carried and ordered. Commissioners Scarborough, O'Brien and Higgs voted aye; Commissioners Cook and Ellis voted nay.

Commissioner Scarborough stated different people have come in to address concerns; Commissioner O'Brien picked up a couple of the concerns; the Board will have an opportunity to come back and discuss some of the other items; and inquired if it is the Board's desire to leave all these issues in abeyance this evening, and go to the supplemental budget. Chairman Higgs stated she is ready to discuss the items if the Board desires.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant the EDC $250,000.

Commissioner Scarborough stated he is under the impression the budget is open for discussion on September 20, 1995; and inquired if the contractual matter with the EDC would discuss the budgetary discussion. County Attorney Scott Knox advised it is to the extent the money will come out of the budget. Commissioner Scarborough stated he does not have a problem voting for it; but it can be discussed again on September 20, 1995.

Commissioner Cook amended the motion to fund the EDC in the amount of $250,000 with the stipulation there be Commissioner representation on the Executive Board of the EDC.

Commissioner Scarborough stated the Cocoa Beach Area Chamber of Commerce advised it does not want to give any additional money; the intention was not that the money go to any other group; and he would like that to be included in the motion.

Commissioner Cook amended the motion to include that no money will be passed through to other groups.

Commissioner Cook stated his intent was to have one Commissioner sit on the Executive Board; and if the pleasure of the Board is to have additional appointees to the Executive Board, he will entertain that as well.

Commissioner O'Brien stated he is not averse to allocating $250,000 to the EDC; one of the ideas that was brought forth was a matching basis; industry will not match the full amount as there is no incentive to do that; but the Board can draw a baseline of $100,000, and require the last $150,000 be matched to get industry involved.

Commissioner Ellis stated he is not going to vote for the EDC funding; but before the Board allocates $250,000 to EDC, it should have a line item budget for how the money will be spent. He stated he does not expect the County to give money to the EDC, and the EDC give money to the Chambers. Commissioner Cook stated that is part of the motion that it not go to other groups. Commissioner Ellis reiterated the Board needs to see a line item budget. Chairman Higgs inquired if Commissioner Ellis wants a line item budget or outcomes; with Commissioner Ellis responding a line item budget. Chairman Higgs advised she wants outcomes as well.

Commissioner Cook amended the motion to make the allocation subject to the EDC providing a line item budget and measurable outcomes.

Commissioner Cook stated it is incumbent on the Board to give the EDC an opportunity this year to see what it can do; it is late in the process; and then next year the Board can look at what kind of outcomes it has, and what the performance standard was. Commissioner Scarborough suggested part of it be that the EDC submit a line item which the Board will approve, and require the EDC put together some parameters on some objectives it plans to accomplish; and stated the Board can put that as part of the concept, and when it comes back in a month or so, the Board can approve it in October, 1995.

Commissioner Cook stated that is part of the motion; and inquired if Commissioner Scarborough wants to add that the EDC has to come back for approval. Chairman Higgs inquired if the Board will approve the budget or the contract. Commissioner Scarborough stated the Board will approve the contract, but part of the contract will be that the EDC will bring in a line item budget; and the Board will get a chance to look at what the EDC plans to accomplish. He stated this has been debated enough; and it should be done right. Commissioner Cook inquired if one Commissioner on the Executive Committee is acceptable; with Commissioner Scarborough responding it is fine.

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

Commissioner Ellis inquired if Commissioner O'Brien intends to make a motion about the matching fund; with Commissioner O'Brien responding he included it. Commissioner Scarborough stated that was not in the motion. Commissioner Ellis stated a separate motion will be needed for that; and he thinks it is a good idea.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to fund the EDC the first $100,000, with the remaining $150,000 having to be matched.

Commissioner Cook stated his concern is that is a large matching obligation; and if the EDC is going to put together a line item budget for the Board to approve as well as outcome based things, that may be an impossible burden.

Commissioner Ellis noted it is only $10,000 more than the EDC raised last year; and if the County is allocating an extra $75,000, the EDC can raise an extra $10,000.

Chas Hoyman, Chairman of the Economic Development Commission of East Central Florida, advised $140,000 was raised last year; and inquired if grant money or money from other municipalities would be part of it. Commissioner Ellis stated it needs to be cash, not in-kind contributions. Commissioner O'Brien agreed it will have to be cash. Commissioner Ellis stated grant money should not be included because that is matching government money with government money; and the EDC should raise $150,000 from the private sector. Mr. Hoyman advised they are trying to get the municipalities involved. Commissioner O'Brien stated he is looking for other municipalities and industry to participate; and he will support any source. Commissioner Ellis stated last year the EDC got a good grant from the State; with Commissioner O'Brien responding that is good, and he hopes the EDC gets another one.

Chairman Higgs clarified the motion is to allocate $100,000 as flat grant, and the second $150,000 will be matched however the EDC can raise the money. Commissioner O'Brien stated that can be done every 60 days until it hits the $250,000. He stated the line item budget is important; the contract has to be specific; and it should be renewable for three years, or for two years straight with a one year renewable.

Commissioner Cook suggested doing it for one year.

Commissioner Scarborough stated he cannot support the motion; the Board is telling the EDC here is some money to get the office going, and the primary objective is to get more money, not prospects; and this is making a mistake because success breeds success. He stated if the Board makes the EDC a successful organization by just funding it, the money will be there; but if it is set up this way, it is being set up for failure. He stated it is much easier to believe that the EDC wants to get every dollar it can to have as viable an entity as it can; but if there is a chance of meeting a business which will give money or a prospect who may have employment, it will be an easy decision. He stated the question is whether the primary goal will be the production goals or meeting the matching money. He stated the people in the County want to see jobs and high levels of wages for employees, and secondarily the matching issue; and the Board is sending the wrong message.

Chairman Higgs inquired about the possibility of tabling the issue. Commissioner Cook stated the Board needs to make a decision tonight; the $250,000 is voted on and done; and if a Commissioner wants to bring it back at a future meeting to do something else, and they voted in the affirmative, they can do so. Chairman Higgs stated she has not thought about the issue of the matching funds. Commissioner Cook stated he would like to see the Board make a decision tonight; and suggested giving the EDC a year to see what it can do. He advised he does not support the motion. Chairman Higgs stated the Board will need to write a good contract with the EDC with outcomes and forget the matching fund issue. Commissioner Scarborough stated if the EDC brings in a bunch of high-paying jobs, next year the Board will not care if the EDC only brought in $100,000.

Commissioner O'Brien stated Commissioner Scarborough's rhetoric is correct; his argument is with the performance of the EDC up to this point; he has seen some failures in its ability to control its money; and this is why a line item budget is important. He stated the Board hears excuses that the EDC could not attend a meeting because it did not have the money, but if the EDC did not spend the money on $30,000 a year rent for an office and $60,000 for a director, it would have had the money to do the job; and it did not do that. He stated if there is really support, they will put their money where their mouth is.

Chairman Higgs called for a vote on the motion to require the $150,000 be matched. Motion did not carry. Commissioners O'Brien and Ellis voted aye; Commissioners Scarborough, Higgs, and Cook voted aye.

The Board discussed whether to consider additional items.

Commissioner Scarborough stated one request was for $50,000 for the arts; and there have been discussions about that this evening.

Chairman Higgs stated at the next hearing, there will be other community groups which were not funded present to discuss their needs.

Commissioner O'Brien stated the Merritt Island Redevelopment Agency is saying it reduced the Agency budget by $25,000 in operating expenses, which will be assumed by the private sector; and there is no proof of that. He stated the budget has been changed; but there is no proof that it is legal for MIRA to do that, and there are no contracts signed. County Manager Tom Jenkins advised MIRA will be stuck with the consequences.

Commissioner Ellis stated people were talking about spending $2.4 million from reserves; and if that is going to be discussed at the second public hearing, it would be nice for the Board to have a heads up. Chairman Higgs stated she would be comfortable waiting until mid-year. Commissioners Scarborough and Cook concurred. Chairman Higgs stated she thought that was the understanding. Commissioner O'Brien stated the Board requested the Citizens Review Committee look at all the non-profit organizations the Board funds; and there are still others out there. He stated he heard the Agriculture and Extension Service is funding a non-profit organization from its funds; the Board got a list of all the non-profit organizations the Brevard Cultural Alliance funds; and there are other agencies which the County funds which then sub-fund other non-profit groups. Chairman Higgs stated the Brevard Cultural Alliance list which the Board got today was a list of those organizations which had submitted proposals, not those that it funded. Commissioner O'Brien stated the Board is not aware of who else is giving money away to non-profit organizations, who the organizations are and how much they are receiving; and inquired why they were not included on the list that the Committee approved. Commissioner Cook requested the County Manager research the issue.

Commissioner Ellis stated the non-profit funding was $660,000 from the General Fund; and the Board also spends approximately $300,000 from CDBG money plus many of the organizations draw money from the State, federal government, United Way and other organizations. He stated he does not want people to think that if the County cuts off funding for some of these organizations, they will have to shut their doors. Commissioner Cook stated nobody concentrates on what the Board does; but if the Board does not fund someone, that is what makes the impression. Commissioner Ellis stated what the Board spends out of General Fund is generous.

Commissioner Scarborough stated the Supervisor of Elections made a presentation; he is not averse to moving to new equipment; the one time he had experience with it, there were multiple vendors with different types of equipment for the Board's consideration; and he wants to touch and feel different types of equipment before voting on it. He stated if the equipment does what Mr. Galey says it does, it will have more security and speed; and if it can be done for $150,000 a year, it may not be a bad expenditure of taxpayer money. Chairman Higgs stated she would want to see various financing scenarios from staff; and this will be an item that will go to bid rather than the Board sole-sourcing it. She stated Mr. Galey may establish a committee to review the proposals and bring a recommendation to the Board.

Commissioner Cook stated he concurs it should be a bid item; he remembers the time when the equipment was set up and the Commissioners could feel it; and there is a lot of interest in the community. He stated Commissioner O'Brien had a good idea about more counters under the current system, which is something that could also be considered; but the Board needs additional information. He stated a committee was set up in the 1980's; Commissioner Dobson was on it; and the Board was willing to fund an entire new system; but at that time, the Supervisor of Elections did not want a new system. He stated anything like that would have to go to bid.

Commissioner Scarborough stated the problem with going to bid is that some of the methodology is completely different in how it works; and it may end up with an RFP rather than a bid. He stated if the Board has a couple of million dollars in the budget, it could be deferred and done in a timely manner so the equipment can be available for November, 1996. He stated the Board will not have to make a decision on the equipment as part of the Supervisor of Elections' budget, but it could supplement from the reserve.

Commissioner Cook stated he is not sure he is ready to support a new system in this budget.

Chairman Higgs stated she would like to look at various scenarios for paying for it that may provide it by November, 1996; but she is not looking to that reserve money for that because there are far more pressing needs in the County.

Commissioner Scarborough stated he is not prepared to give the Supervisor of Elections an additional $150,000 in his budget without first determining, and would prefer to keep that money earmarked within the County's regular budget in a contingency account or something like that. He stated the Board will make the decision, and then put the funding in. He stated today he could make a motion to give Mr. Galey $150,000 to buy the equipment; but he does not want to do that. He stated the Board has the capacity later on to move money into anyone's budget. Commissioner Cook concurred the Board always has that opportunity if it is in the reserve; and nothing needs to be designated. Commissioner Scarborough stated he does not want to make a decision by September 20, 1995, but does not want to say no to Mr. Galey; and he would like to look at it knowing it can be funded without making it a budgetary decision on September 20, 1995. Chairman Higgs stated the Board does not have to make a decision on September 20. Commissioner Scarborough stated there are people who think the Board has to make a decision on September 20. Commissioner Cook stated he does not think so; but in the next budget year, there can be a committee or looking at alternatives; and it is a long process. Commissioner Scarborough stated it is not necessary to wait until next year at this time to make the decision; in the next few months, the Board can move forward with the process; and a decision could be made whether to go or not go as late as December or January. Chairman Higgs stated part of the request for proposals might be an idea of how someone might do a lease with an option to buy at the end, and that might be part of the scenario. Commissioner Cook stated his inclination is not to include it in this year's budget.

Motion by Commissioner Scarborough, to request the Supervisor of Elections come back with additional information on how to proceed with RFP's and different purchasing, financing, and leasing options, and that the Board will proceed with that, but will not include additional money in the Supervisor's budget this year.

Chairman Higgs stated she can support that at this time. Commissioner Cook stated he would prefer to take this up on September 20, 1995; he is not saying it is a bad motion; but he has not had a chance to think about it. Mr. Jenkins stated this is not a budgetary decision because the Board is not going to allocate additional dollars for the purpose; and if it is done at all, it will be done with existing dollars; so this is something that can be discussed in October or November or anytime. Commissioner Scarborough stated if the Board takes no action on it, some people will read that it has been turned down; however, if the Board says it is not doing it but wants Mr. Galey to proceed with certain things, it is saying it will not be included as a line item, but it will move forward with it. Mr. Jenkins stated if there is not support for that, it could be put on an agenda in October. Commissioner Cook stated Commissioner O'Brien had an idea about buying more counters and giving Mr. Galey more space; and that could be an option as well. Chairman Higgs stated the Board is saying it wants to put the whole issue on a regular agenda for October, 1995.

PUBLIC HEARING, RE: TENTATIVE APPROVAL OF RESOLUTION ADOPTING THE
SUPPLEMENTAL BUDGET FOR FY 1994-95

Chairman Higgs called for the public hearing to consider the Supplemental Budget for FY 1994-95.

Budget Director Kathy Wall stated staff is requesting the Board tentatively approve the FY 1994-95 year-end supplement, approve advertising the tentatively approved FY 1994-95 supplement, and schedule a final public hearing on September 20, 1995. County Manager Tom Jenkins advised each of the items have come to the Board previously, and this is a recapitulation of those items. Ms. Wall stated some have, but some have not.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1994-95 Supplemental Budget at $2,771,410, and announce the second and final public hearing will be held on September 20, 1995 at 5:30 p.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne. Motion carried and ordered unanimously.

PERMISSION TO SCHEDULE PUBLIC HEARING, RE: INDUSTRIAL DEVELOPMENT
REVENUE BONDS FOR U.S. SPACE CAMP FOUNDATION

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing for September 26, 1995, to consider issuing industrial development revenue bonds for U.S. Space Camp Foundation. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 10:36 p.m.

__________________________________________
NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
ATTEST:

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SANDY CRAWFORD, CLERK

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