The Board of County Commissioners of Brevard County, Florida, met in special/workshop session on May 20, 1999, at 3:07 p.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

REPORT, RE: CONTRACT WITH BILL KERR

County Manager Tom Jenkins advised there is a pending meeting with the Corps of Engineers on a dredging issue on Merritt Island; staff has been using the firm of BKI under a Contract with Bussen-Mayer Engineering; but staff wants to contract directly with BKI for this issue. He stated BKI is Bill Kerr who has a level of expertise in seagrass; the County needs analysis and feasibility work done; so under the Consultants Competitive Negotiation Act, the Board needs to certify that it has an emergency which it does because it has to respond to this situation.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to certify that an emergency exists regarding a dredging issue on Merritt Island; and authorize hiring BKI to perform analysis and feasibility work. Motion carried and ordered unanimously.

DISCUSSION, RE: FY 1999-2000 PROPOSED BUDGETS

Budget Director Kathy Wall advised the Budget Office has been gathering requests from County offices and Charter Officers for the upcoming budget year; and they have separated the expenditures by expenditures already approved by the Board, expenditures which must be funded in next year's budget, and expenditures requested by County agencies and Charter Officers.

County Manager Tom Jenkins advised the second issue is a request from the Sheriff regarding the law enforcement MSTU; because of the timing of a referendum, the Board needs to make a decision in a timely fashion whether or not it is interested in proceeding with a referendum; and staff would like to provide the Board with information about the requests received and the built in costs.

DISCUSSION, RE: LAW ENFORCEMENT MSTU REFERENDUM ELECTION

Sheriff Phil Williams advised he provided a letter dated May 19, 1999 to the Board this afternoon which details a plan over a number of years to add uniform patrol deputies and cars for the unincorporated area. He stated it will provide 71 deputies phased in beginning this fall until 2003-2004; they broke it down to everything that it would cost including one car for every two deputies, mobile data terminals, etc., and in the year 2002 or 2003, they hope to reach two officers per 1,000 residents if the population projection of 1.8% increase per year remains the same. Sheriff Williams advised it will require a referendum to ask citizens living in the unincorporated Brevard County whether they would consent to an MSTU ad valorem tax increase; Kathy Wall worked with his Finance Office on the appropriate millage rate to ensure the phase-in could continue without interruption; and a savings in those years including rollback would allow them to continue to be solvent through those years and perhaps two or three years beyond that. He stated the law enforcement MSTU had its inception in 1976; in 1981, it was set at .600 mill; because it is a rollover fund, they were allowed to make up those years; however, they have reached the point where 19 years of minimal increases will exhaust itself and may result in regressing the number of deputies in the MSTU program. He stated if the voters approve it, it would generate monies necessary to add strictly patrol cars and uniform deputies to keep up with the population increase. He noted when the millage was set, the population was 284,000, and now it is 465,825.

Commissioner Voltz inquired when was the last time it was raised; with Sheriff Williams responding he does not know, but it has been a while. Ms. Wall advised about two or three years ago it was raised to increase the number of deputies by 12. Commissioner Voltz inquired if it was by referendum; with Sheriff Williams responding no, the Board made that adjustment. He stated the Charter requires taking it to the people; and requested the Board direct the Supervisor of Elections to conduct an election during September to set the millage rate so they can go forward this year if it is approved. He requested the Board realize the importance of public safety, endorse the referendum, help him campaign for it, and provide $20,000 to educate the public on what it will deliver and what they can expect, similar to what it did for the fire fighters referendum.

Commissioner Higgs inquired how much will it generate; with a Sheriff's office representative responding over $5 million, and $11 million the first year.

Commissioner O'Brien stated he is not a big fan of special elections in September or October, etc.; he would prefer it be done at the general election in November 2000, for a bigger turnout and a real reflection of the community; it was said the EELS program was passed by 23% of the voters; and because this is a tax increase, it should wait until November. Chairman Scarborough inquired about the Presidential Preference Primary in March, 2000; with Commissioner O'Brien responding only about 37% of the voters show up for primaries and other elections; this is a tax increase and the public should have a say; and it will provide a longer time for an educational campaign. Chairman Scarborough stated the Presidential Preference Primary would only be a year off, but the General Election would be two years off. Commissioner O'Brien inquired if two years would hurt; with Sheriff Williams responding it will because of the finances of the MSTU Program. Sheriff Williams advised if it stays status quo, he would have to lay off deputies; he came to the Board with a three-year plan and asked for deputies; what he is trying to do is a current issue; it is their obligation to make the voting public aware of the consequences of voting yes or no and the benefits and detriments; and he has confidence that the voting public of Brevard County, if they understand the issues, will turn out for the election. He noted it may not be like a general election, but they would come out in significant numbers. Commissioner O'Brien stated he disagrees because the track record does not reflect that at all. Sheriff Williams stated there has not been a law enforcement referendum in Brevard County in his memory. Commissioner Carlson stated the Columbine incident might bring them out; with Commissioner O'Brien responding he does not think the voting public would rely on sensationalism in Colorado or Georgia.

Commissioner Higgs inquired if Sheriff Williams considered the mail-in ballot; with Ms. Wall responding the cost breakdown is on page 5 of the handout.

County Manager Tom Jenkins advised it would cost $130,000 for the mail-out and another $20,000 for return postage which has not been done in the past. He noted typically the ballots are sent out and people pay the return postage. Commissioner Higgs stated if the polls were open for voting, it would cost $149,000; so it is within $1,000 either way. Mr. Jenkins stated without return postage it would be $120,000 instead of his previous statement of $130,000.

Discussion ensued on the cost of special elections, elections for the unincorporated area only, and countywide elections. Commissioner O'Brien requested staff find out what the cost of a previous election was and return to the Commissioners with the proper answer. He stated the Board asked more than once and got the same answer that it was a quarter of a million dollars.

Sheriff Williams advised the impact on the average homeowner with a $75,000 home and $25,000 exemption is $38.40 a year or about $3.00 a month for 71 deputies. He stated they have been able to operate under the MSTU, but the increase in population has eaten up the resources, and will take it to bare minimum in three years; and if the referendum is approved, it will allow them to bring on people, train them, and outfit them as fast as they can. Commissioner Carlson advised the report says 71 road deputies at $4.2 million; but someone said it would provide $11 million the first year; and inquired why is that so different; with Sheriff Williams responding the cost of hiring 18 deputies, vehicles, etc. will be $4.2 million; the millage will generate $11 million; they have pay raises, cost of living increase, cost of vehicles, benefits, and prevent having to come back each year for a referendum. He stated it is a phase-in plan that will give them some reserve funds. Commissioner Voltz inquired about hiring 71 deputies right away; with Sheriff Williams responding he only has two training officers, so it has to be phased in. Commissioner Voltz stated she does not like tax increases, but the people have a right to vote, so she has no problem with the referendum.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize a referendum election for Law Enforcement MSTU increase in September 1999. Motion carried and ordered; Commissioner O'Brien voted nay.

Supervisor of Elections Fred Galey advised he would like to know what type of election to conduct; if it is by mail, they have to write a special procedure and get approval from the State; so he will need to know as soon as possible.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize mail-out ballot referendum election for Law Enforcement MSTU increase.

Commissioner Higgs inquired what percentage increase is noticed with mail ballots; with Mr. Galey responding 20% on a countywide basis. He stated Cocoa Beach was 51% and Suntree was 81%. He stated if they opened the polls, they would get between 18 and 20%, but for a referendum involving money they should get 70% return on the mail-out ballots.

Commissioner O'Brien stated he will vote against it because of the cost and because he believes it should be done at a general election. Chairman Scarborough inquired if the motion includes $120,000 and $30,000 for return postage; with Commissioner Voltz responding that should be a separate motion.

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

Commissioner Voltz inquired if Mr. Galey has done mail-out ballots before; with Mr. Galey responding he has done mail-out elections but not with return postage. Commissioner Carlson inquired if he received 20% increase without return postage; with Mr. Galey responding yes. He stated they must come in separate envelopes or cannot be counted because they are secret ballots. Commissioner Higgs inquired how many returned more than one ballot in the same envelope; with Mr. Galey responding four out of 4,000.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve return postage for mail-out ballots for the Law Enforcement MSTU millage increase referendum at $30,000.

Commissioner O'Brien inquired if Mr. Galey can use bulk rate; with Mr. Galey responding not for return mail.

Mr. Jenkins requested confirmation that the costs of the election will come from the reserves, the County Attorney prepare a resolution authorizing the election, and a date be selected.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Budget Change Request authorizing $120,000 for the election costs and $30,000 for return postage from the Reserve Fund for the Law Enforcement MSTU millage increase referendum election. Motion carried and ordered; Commissioner O'Brien voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct the County Attorney to prepare a resolution setting forth the referendum language for the Law Enforcement MSTU millage increase referendum. Motion carried and ordered; Commissioner O'Brien voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to set the Law Enforcement MSTU millage increase referendum election for September 14, 1999. Motion carried and ordered; Commissioner O'Brien voted nay.

Chairman Scarborough inquired if the Board wants to endorse the new MSTU rate; with Commissioner Higgs responding she would prefer to have an outline resolution with the facts laid out and it be done more formally, and adopt the resolution and talk about the growth and those issues and be part of the explanation. Sheriff Williams stated all the data is there but it is not in a form. Mr. Jenkins inquired if the Sheriff will have that by Tuesday; with Sheriff Williams responding yes.

Commissioner O'Brien stated $20,000 wants it to come from Law Enforcement Compensation; with Commissioner Higgs inquiring if the Sheriff wants to transfer the funds in his budget; with Sheriff Williams responding yes.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize $20,000 from the Sheriff's Law Enforcement Compensation Fund to educate the public on the Law Enforcement MSTU millage increase referendum.

Chairman Scarborough stated he never votes for the expenditure of money to educate because he feels it is propaganda. He called for a vote on the motion. Motion carried and ordered; Commissioners O'Brien and Scarborough voted nay.

DISCUSSION, RE: SHERIFF'S PROPOSED BUDGET REQUEST FOR FY 1999-2000

County Manager Tom Jenkins advised there is a General Fund budget request from the Sheriff's Office that the Board may want to consider since the Sheriff is present. He noted they have not put together a preliminary budget yet, so this is more for information purposes.

Commissioner Voltz inquired if the Sheriff is going to ask for a $4.5 million increase, and if it includes the MSTU expenditures; with Sheriff Phil Williams responding if the referendum passes, they would start adding 18 deputies next fiscal year. Commissioner Voltz inquired if the increase will come from the referendum; with Sheriff Williams responding yes. Commissioner Voltz inquired if the requested increase is almost $3 million on top of the referendum; with Sheriff's Finance Director Mike Abels responding the general fund increase is broken down into two components; and he is not sure the amount reflects the retirement reduction; with Budget Director Kathy Wall responding it does not. Mr. Abels advised reduction of the retirement contribution, and the $700,000 for a management information system which would piggyback the County's new software program and is a stand alone request, would leave the requested increase at $900,000. Mr. Jenkins advised they are deducting the savings the County will get from the Florida Retirement System; unfortunately, the State has reduced the State Revenue Sharing by a like amount; so the County will not get the benefit of that. Mr. Jenkins inquired how much has been subtracted; with Mr. Abels responding roughly $2 million. Commissioner Voltz stated that is $2 million the County does not have to pay; with Mr. Jenkins responding no, but it is losing that in revenue sharing. Mr. Jenkins advised the General Fund savings is $2.8 million from the Florida Retirement System; the State is taking $2.6 million from Revenue Sharing funds; so the net gain is $200,000, but the fiscal impact to the budget is going to be $2.8 million not $900,000. He stated if the County was not losing revenue sharing, the increase would be $900,000.

Commissioner O'Brien inquired about the one time transition for uniforms and weapons; with Sheriff Williams responding they are changing the firearms which will save money. Commissioner O'Brien inquired about the increase for the dive team at the Detention Center; with Sheriff Williams responding Commander Petty, who runs the jail, is in charge of the dive team to cut down on the number of personnel; he has extensive military diving experience; and he handles the team when it is called up, so it operates out of the jail. Commissioner O'Brien questioned the purchase of breathalyzers, noting the Board just recently approved funding for those; with Sheriff Williams responding the drunk drivers pay for those through the fine and forfeiture fund; and noted the DUI arrests increased from 300 in 1996 to over 1,000 in 1998. Commissioner O'Brien stated drunk drivers are arrested then put through school, which is costing the County a lot of money. Chairman Scarborough inquired if the drivers pay for the school; with Sheriff Williams responding they pay $500 for the first offense and $1,000 for the second offense, and they pay a fee for Counter Attack. Chairman Scarborough stated the Board should ensure the taxpayers are not subsidizing it. Commissioner O'Brien stated even before the increase in drunk driving arrests, the program has cost over $200,000 a year; he is not saying there should not be a program; but he is saying something needs to be done to pay for it. Sheriff Williams advised the County runs the Counter Attack Program; poor and homeless people go through the program as a condition of their probation; and lawyers send their clients to it prior to entering a plea because successful completion of the program allows a person to obtain a work permit under certain circumstances, so when they surrender their licenses at the time of the hearing, they can drive back and forth to work. Sheriff Williams stated the fee is supposed to be paid by the offender. Commissioner O'Brien stated he does not know what percentage of those who attend the school does not pay. Commissioner Voltz inquired if the information is available; with Mr. Jenkins responding staff will try and find that information. Commissioner O'Brien stated last year the cost went up considerably; they do not have the funds to pay for the course, but the judge orders them to go through it; and they are supposed to pay, but they do not. He stated the Board approved a company to try and collect monies the courts never collected; and several other counties picked up five to six million dollars of unpaid fines. He stated the program is good but the public is paying for it because the offenders are not paying; and now the Sheriff is asking for more breathalyzers to catch more drunk drivers.

Chairman Scarborough stated he would prefer those people be off the road and in school rather than kill somebody on the roads. Commissioner Higgs suggested getting a financial analysis; and if the fine needs to be increased to cover the non-payers, then do that as opposed to paying for it through the General Fund. Sheriff Williams advised the fines for DUI's are set by Florida Statutes; the fee for the Counter Attack Program is set by the County; the courts order people to pay the fines, but the burden of proof for ability to pay is on the State; and the County would be spending $1,000 to do a financial analysis for a $500 fine. Commissioner Higgs stated if people in Counter Attack are paying and getting benefit, they should cover the cost; and if there are some who are not paying, then the people who pay should cover the cost. Sheriff Williams stated any additional assessment on a traffic citation, be it criminal or civil, the County can levy to get its money to pay for the indigent people, or it can trade the fee for Counter Attack for x number of hours of community service.

Commissioner O'Brien inquired what School Resource Officers do during the summer; with Sheriff Williams responding they do traffic enforcement and are assigned to precincts to cover for other deputies who are on vacation. Commissioner O'Brien stated there was a deputy's car at Edgewood after 4:00 p.m.; and inquired what would he be doing there after school lets out; with Sheriff Williams responding probably providing security for after-school activities such as basketball games, glee club rehearsals, club meetings, etc. Commissioner O'Brien inquired if they are traffic cops when school is out; with Sheriff Williams responding yes, to save on over time. Commissioner O'Brien stated he was not aware of resource officers becoming cops on the street and giving tickets; with Sheriff Williams responding when the fires started, school was not in session, so they had a squad of resource officers that could work all week for traffic enforcement. Commissioner O'Brien inquired if the School Board pays half of their salaries to the Sheriff; with Sheriff Williams responding he will visit the School Board with a plan.

Commissioner O'Brien expressed concern about non-uniform personnel who have Sheriff's vehicles; and noted he will request a log of how many miles and hours beyond an eight-hour day those persons use those vehicles for public purposes. Sheriff Williams advised non-uniform sworn personnel are mostly detectives who do not wear uniforms, and they have cars; with Commissioner O'Brien responding he understands that, but he is talking about others. Sheriff Williams noted they can provide that information.

DISCUSSION, RE: CLERK'S PROPOSED BUDGET FOR FY 1999-2000

Commissioner O'Brien inquired how much money is owed the County by people who do not pay their fines that judges have ordered them to pay; with Clerk of the Circuit and County Courts Sandy Crawford responding approximately $8 million. County Manager Tom Jenkins advised a lot of it is big numbers attached to a few individuals.

Mr. Crawford advised there are programs in process, which the Board has been instrumental in getting started, that are helping; the Board approved the stalkers for the Highway Patrol to get speeders; it paid for the equipment for the Clerk's Office to allow payments by credit cards; and the Traffic Assistance Program (TAP) combines traffic tickets so those can be paid by a weekly or monthly payment that people can afford. He stated they go to court and agree to pay that amount; and as long as they continue to pay, the State reissues their drivers licenses, so that increases the amount coming back to the Board. He stated it has added up over the last two years to where they are collecting $1,180,000 more per year on fines than they were two years ago; the money goes to the General Fund every week; and he needs more funds next year because the programs have increased the clerical functions they have to perform. Mr. Crawford explained the services performed for one person who goes into the TAP, the additional phone calls because people are able to pay for traffic citations by credit cards over the phone, and the increase in traffic citations from 82,000 three years ago to 94,000 last year and 104,000 this year. He stated his office has to track all those cases, which added to the clerical responsibilities in the County Court area. Mr. Crawford advised the $339,000 increase is for five people in County Court; however, he is removing two people from Support so the net increase is three people. He stated other increases are for equipment and insurance premium; and his budget does not reflect the reduction from the Florida Retirement System.

Commissioner Voltz stated the Clerk is asking for $511,000, but with the retirement reduction it may be no increase; with Chief Deputy Clerk Jim Giles responding it may balance out. Commissioner Voltz advised last year the Clerk asked for 11 new positions and had already hired people for those positions; and inquired if he has hired the five people yet; with Mr. Crawford responding yes. Mr. Crawford advised his personnel went from 306 for the current year to 309 for next year; and 1997-98 was the only year it was below 300 because he had a budget crunch when recording fees dropped and went under a hiring freeze.

Discussion ensued on things that affect recording fees such as low and high interest rates, confidence in the economy, and refinancing.

Mr. Crawford advised Recording collects about $1.9 million and takes about $200,000 to operate; and most of its fees go to subsidize the court systems. Chairman Scarborough inquired how badly can recording fees fall off; with Mr. Giles responding he could give the Board a chart on that. Chairman Scarborough requested a chart of home mortgage rates also; with Mr. Crawford responding his office tracks that all the time because if it drops he would have to take action.

Commissioner Higgs inquired if the funding of the Florida Retirement System is settled out will the budget be about even; with Mr. Giles responding the Board funds approximately 62% of the Clerk's budget. Mr. Crawford stated of the $511,000 about $80,000 will drop out, assuming the retirement decrease matches the health care increase.

Commissioner O'Brien inquired about the lateness of internal audits; with Mr. Crawford responding the audits are available on the Internet. Commissioner O'Brien inquired if there are reasons why it takes a year or longer; with Mr. Crawford responding there are some reasons.

Commissioner Carlson inquired about the percentage increase in the number of traffic citations; with Mr. Crawford responding from 94,000 last year to 104,000 this year, or a little over 10%. Commissioner Carlson inquired about the return on citations; with Mr. Crawford responding they have collected $1.2 million more each year than they were doing two years ago.

Commissioner O'Brien inquired what is the increased revenues to Brevard County based on the increase in drunk driving arrests, and how much money is it getting. He stated the County paid for the breathalyzers and he wants to determine if it is getting a fair shake. Mr. Crawford advised the disbursements of the fines are on the Internet. Commissioner O'Brien stated he wants to know how much dollars the County made since it bought those breathalyzers and what did it gain from the 26 radar guns for State police; with Mr. Giles responding it would be difficult to identify the particular fine based on equipment; if there is more patrol and more efficient law enforcement, there will be more citations and fines; and the Clerk's Office does not know which element is responsible for it. Mr. Crawford commented lots of DUI's are pled down and do not end up in court as drunk driving. Commissioner O'Brien stated the speeding tickets issued by State troopers are different from the Sheriff's tickets; the Board purchased 26 radar guns for all State patrol cars in the County; therefore, all State tickets were issued by using the guns; and he wants to know what the revenue is. Commissioner Voltz stated the State troopers have not had those radar guns for a year; with Commissioner O'Brien responding if the Clerk can determine the revenue for six months, it can be multiplied by two for an annual figure; and if the funds increased by $1.2 million dollars, that would be a good investment. Mr. Crawford stated to track it to an individual piece of equipment would be very difficult. Commissioner O'Brien recommended tracking all State tickets issued for speeding in Brevard County. Mr. Giles inquired if Commissioner O'Brien wants to know how much have DUI's changed; with Commissioner O'Brien responding yes. Mr. Crawford stated that would be the Sheriff's citations; and inquired if Commissioner O'Brien wants the cities counted also; with Commissioner O'Brien responding Cocoa Beach has a batmobile that the Sheriff uses also; the school is costing the County money; and he wants to know if it is bringing in enough money in fines to offset the costs. He stated the Board wants drunk drivers off the streets, but he wants to see where the money starts and where it ends. Mr. Crawford stated the $1.2 million increase is a direct reflection of the sum of things the Board has done; and he is not sure it can be broken down. Commissioner O'Brien stated if the Clerk could do it, he would appreciate it.

DISCUSSION, RE: SUPERVISOR OF ELECTIONS FY 1999-2000 PROPOSED BUDGET

Supervisor of Elections Fred Galey advised his Office generates no revenue, but spends it to provide the privilege and right to vote. He stated the increase in his budget is for additional elections, one position to prepare for the year 2000-2001 when they have to redraw precinct lines, merit increases, and health insurance premium increase, for a total of $389,000.

Chairman Scarborough advised the Board's consensus on the presentation of voting equipment is 15 minutes per presenter; and inquired if there is time Mr. Galey would prefer; with Mr. Galey responding whatever time the Board sets they will be there; however, 15 minutes may be cutting them too short. Chairman Scarborough recommended a time certain of 10:00 a.m. on May 24, 1999, for presentation of the new voting equipment.

County Manager Tom Jenkins inquired how many companies would be making presentations; with Mr. Galey responding there are only three companies certified in the State, and two have the same equipment.

Mr. Galey inquired if there were any questions about his budget; and no comments were heard.

DISCUSSION, RE: PROPOSED GENERAL FUND BUDGET FOR FY 1999-2000

County Manager Tom Jenkins advised of mandated costs, including pay increases annualized cost, juvenile justice planner, horticulturist, decrease in golf course debt service due to refinancing, and improved animal services for North Brevard Shelter, totaling approximately $300,000 next year; and in addition, they propose a pay increase for employees as explained in the memo of May 18, 1999. He stated they did a sampling of employee salaries by indicators to determine how they compare to other governmental agencies; the average salaries were 4 to 10% below the average; and the directors' salaries were between 3 to 18% below the average. Mr. Jenkins advised they propose to fund a 3% pay plan adjustment which means the entry levels and top end levels would go up 3% so that everybody would get a 3% pay plan adjustment; in addition to that, they are proposing a merit increase, depending on evaluation, from 1 to 3%; so a person could get between 3 and 6% pay increase, depending on the range of his or her evaluation. Mr. Jenkins advised for those employees making over $40,000 a year, they propose a base increase of 3% and then a pro-rated increase of 1 to 2% depending on their evaluation. He noted it may have to take place over a period of two years, and it is a preliminary proposal for the budget based on the salary survey. He stated they thought of asking the Board to hire a consultant to do the salary survey; however, he would prefer to have the money put into salaries; and there is no question the County's salaries are below average. He stated they expect an increase in Medicaid payments at $300,000 as the County's share; the health insurance rate is a projection because they do not know what it will be; and they expect an increase of $300,000 for indigent inpatient care at County hospitals which the County is required to pay by State law. He advised Fay Lake Wilderness Park will open in October at an added cost of $43,554; and opening of South Mainland Community Center is estimated to be $75,000. Commissioner Higgs stated that is for the gym which was not fully funded. Mr. Jenkins advised there are a number of agency requests which may not necessarily be funded, but they wanted to highlight the bigger issues; and if the Board has questions, the directors are present to answer them.

Commissioner Voltz stated Parks and Recreation has old equipment that needs replacement, so funds for that is important; and recreation for children in the community, as well as adults, is important, because the more they have to do the less trouble they will get into. She inquired about the ages of the equipment; with Parks and Recreation Director Chuck Nelson responding they are approaching 20 years, and the average is between 10 and 12 years old. Mr. Nelson stated they standardized a lot of the equipment and have a good history with it.

Mr. Jenkins advised the total of mandated increases and the requests received total $9.8 million; that does not include the $2.8 million the Sheriff requested from the General Fund or requests from the Charter Officers, so it would be closer to $12 million or approximately 9 to 10% increase in the General Fund. He stated the other funds do not appear to have serious problems and are manageable.

Mr. Jenkins advised they projected new construction at $1.2 million; in the 1980's or early 1990's, the County received approximately $3 million in new construction; but it has not received that amount in several years. He stated it is not the driving force, but Greg Lugar is working with the Property Appraiser to determine if the abatement program has an impact on that; Ms. Weatherman does not believe that is the cause of the $1.5 million decrease in new construction revenues; but staff wants to qualify that for the Board. He stated they expect the local half-cent sales tax revenue from the State to go up by $614,000; Brevard County is projected to receive a $2.6 million reduction in State Revenue Sharing funds; and the Florida Association of Counties and Brevard County continue to object to that. He stated the State is giving the County $2.9 million retirement contribution reduction, but that contribution can go back up in subsequent years; and there is no guarantee that it will stay at that level. He stated once the County loses its revenue sharing, he is not sure if it will get that back; it is grossly unfair; and indicated it could be some retaliation for passage of the Article V referendum. Mr. Jenkins advised he hopes the Governor will not reduce the revenue sharing; there are actions pending before him, which may include the budget; and the Florida Association of Counties has urged the Board to contact the Governor's Office, which they have done. Commissioner Higgs stated the Governor can take out individual line item allocations, but may not be able to take out that type of item. Commissioner Voltz advised she has been in contact with the Governor's Office through email and has been successful in getting quick responses; and indicated other Commissioners can do the same.

Commissioner Higgs inquired about a project in impact fee revenues; stated the Board asked for a study; and inquired about the status of that study. Mr. Jenkins advised the impact fee study is being done for capital projects; the Board is discussing the General Fund now; and impact fees would go into a special account and would not directly affect the General Fund. Commissioner Higgs inquired if there are impact fees the Board has not enacted to date that the study could identify; with Mr. Jenkins responding the County no longer does transportation impact fees for commercial and industrial development. Commissioner Higgs inquired about others such as Parks and Recreation; with Chairman Scarborough responding it was brought to the Board and failed by a three to two vote. Mr. Jenkins indicated there may be room in the scope of services for the consultant that could include Commissioner Higgs' inquiry if the Board wants to do that. Commissioner Higgs stated the Board needs to know what options are available. Mr. Jenkins advised the County received several bids for the consultant contract; and it is in the selection process now.

Mr. Jenkins advised there will be a modest increase in franchise fees; the County will get $163,000 in Article V funds voted on by the people, but will lose $2.5 million; and they need the 9th cent gas tax to fund Public Works, Road and Bridge, Traffic Engineering, and a number of other needs. He stated the General Fund subsidizes Road and Bridge by $1.5 million; several million dollars from the General Fund supports Public Works Department's activities; and the ninth-cent gas tax is critical if the Board wants to balance its budget next year. He stated staff is late this year in bringing proposed budget requests to the Board because of delays from County Finance in getting the annual financial statements done and getting data from the State; but staff will continue to work on the budget and have it to the Board in July 1999.

Chairman Scarborough inquired about the report from the State on intangible taxes; with Ms. Wall responding it should be available in mid-June. Chairman Scarborough inquired what does it look like; with Ms. Wall responding the recurring intangible tax was reduced by the Legislature by $2.6 million. Chairman Scarborough requested a track of how intangibles are run and how to tract them; with Mr. Jenkins responding the budget report will include it. Commissioner Higgs requested Ms. Wall provide potential revenue sources. Mr. Jenkins advised a problem is continuing to build more parks and expand existing parks which increases the operating budget; and it is hard on the General Fund because it does not have revenues coming in for operating.

Chairman Scarborough advised of the idea to separate budgets into individual line items, i.e. pull out Libraries, Sheriff, Parks and Recreation, Transportation, etc., which would allow the Board to justify any tax increase by showing people what they get for the increase. He noted people in Port St. John are happy to pay more taxes because they can see the improvements. He stated it is almost impossible to define improvements in services provided because staff cannot show for what tax increase they are getting the ability to provide a certain service.

Commissioner Voltz advised she recommended pulling the Sheriff's budget out of the County Budget, but it requires legislative action to do that; and inquired if the Board wants to put it in the next legislative package. Mr. Jenkins advised his staff is soliciting items for the legislative package and will bring it to the Board in July. Chairman Scarborough recommended staff address what budgets would be beneficial for the Board and community to line item, and what does the Board have to do to accomplish that. Commissioner Voltz stated it will benefit the Sheriff because people do not want to support the General Fund; but if it is strictly for law enforcement, they may not have a problem.

Commissioner Voltz advised the ninth-cent gas tax is very important. Commissioner O'Brien stated he will not vote for the ninth-cent gas tax or any increase in gas tax; and he hopes the Board will cap its taxes and not raise them. Chairman Scarborough inquired if the gas tax could go to referendum; with County Attorney Scott Knox responding it can as a straw ballot; and maybe Commissioner O'Brien will be convinced if the populace voted for it and support it. He stated it could change to a four-to-one vote. Chairman Scarborough inquired if it can be a binding referendum; with Mr. Knox responding he believes it has to be a straw ballot issue. Chairman Scarborough stated he understood it could go to a binding referendum; and instructed the County Attorney to check into that and bring it back to the Board on Tuesday.

Commissioner Higgs stated she has not given up on trying to find a way to do it. Commissioner Voltz stated the City of Palm Bay is trying to do the best it can to get trips off the roads because 200,000 at build-out for Palm Bay is incredible. Commissioner Higgs stated it is hard on the rest of the County also because it cannot keep up with it; and it is almost impossible for the MPO to use gas tax revenues on demand production. She stated the best idea she had so far is to somehow set aside a portion of the gas tax to offset the general revenue and for demand production activities. Commissioner O'Brien stated Palm Bay could put a moratorium on building. Commissioner Voltz inquired if the Board can go with the ninth cent and not approve the tenth and eleventh cents; with Chairman Scarborough responding the cities need the tenth and eleventh cents.

Chairman Scarborough requested the County Attorney check on the issue of a binding referendum to increase the gas tax.

Upon motion and vote, the meeting adjourned at 4:40 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)