The Board of County Commissioners of Brevard County, Florida, met in special session on September 8, 1998, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Chairman Helen Voltz, District 5.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

RESOLUTION, RE: PROCLAIMING AMERICAN BUSINESS WOMEN'S DAY

Commissioner O'Brien read aloud a resolution proclaiming September 12, 1998, as American Business Women's Day; and presented it to Joy Granata, representing the Space Coast Chapter of the American Business Women's Association.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming September 12, 1998, as American Business Women's Day and extending appreciation for the contributions and assistance of the American Business Women's Association. Motion carried and ordered unanimously. (See page for Resolution No. 98-196.)

Joy Granata expressed appreciation to the Board on behalf of the American Business Women's Association.

APPOINTMENTS, RE: VALKARIA AIRPORT ADVISORY BOARD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint Richard Freeman, Melbourne International Airport, 1 Air Terminal Parkway, Melbourne, Florida 32901 and Bill Baer, 4105 Old Settlement Road, Merritt Island, Florida 32952 to the Valkaria Airport Advisory Board, with terms of appointments expiring December 31, 1999. Motion carried and ordered unanimously.

JOINT MEETING, RE: NORTH BREVARD HOSPITAL BOARD

Chairman Voltz stated she received a letter from the North Brevard Hospital Board requesting the joint meeting scheduled for October 1, 1998 be delayed until January, 1999 to allow the elections to take place, new Commissioners, if any, to adjust to their new responsibilities, and get through the holiday season.

The Board canceled the October 1, 1998 Joint Meeting with the North Brevard Hospital Board and rescheduled it in January, 1999.

RESOLUTION, RE: FIRE MUNICIPAL SERVICE TAXING UNIT (MSTU) REFERENDUM

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution pursuant to Section 125.01(1)(q), Florida Statutes and Brevard County Home Rule Charter, Article 5, Section 5.4, calling a referendum on a proposed increase to the Fire Control Municipal Service Taxing Unit (MSTU); providing the proceeds of said MSTU, and any interest accrued thereto, shall be expended within Brevard County, Florida, to finance, refurbish, construct, staff, equip and improve the fire rescue stations, and operations; providing for the distribution of proceeds solely to the Brevard County Public Safety, Fire Rescue Services; requiring approval by majority vote of the qualified electors affected by the Fire Control MSTU and/or the unincorporated areas of Brevard County; providing for a referendum vote on November 3, 1998; providing for publication of notice of referendum, and authorizing the Brevard County Supervisor of Elections to properly conduct the election called for herein, providing for ballot language; providing for severability; providing for repeal of resolutions; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ANNOUNCEMENT OF PERCENTAGE INCREASE IN TENTATIVE AGGREGATE MILLAGE OVER AGGREGATE ROLLED BACK RATE

Chairman Voltz called for the public hearing to consider announcement of percentage increase in the tentative aggregate millage over the aggregate rolled back rate.

Budget Director Kathy Wall stated the aggregate rolled back rate is 6.6751 mills; the aggregate tentative rate is 6.6751 mills; and there is no percentage change.

The Board acknowledged announcement of percentage increase in the tentative aggregate millage over the aggregate rolled back rate for FY 1998-99.

PUBLIC HEARING, RE: FY 1998-99 TENTATIVE COUNTY BUDGET

Chairman Voltz called for the public hearing to consider the FY 1998-99 Tentative County Budget.

Sheriff Philip Williams stated it is his understanding there is approximately $200,000 available in revenue that was not realized or identified at the budget workshop; and requested such monies on behalf of the Sheriff's Office to be used to continue the Alternative Sentencing Program at the Brevard County Sheriff's Farm where it processes non-violent inmates.

Discussion ensued concerning saving costs at the Detention Center, federal mandates, overcrowding at the Detention Facility, and sentencing of prisoners.

Chairman Voltz inquired if the Sheriff's Office does not get the $200,000 and it has to cut the Alternative Sentencing Program, is it going to have a more detrimental impact; with Sheriff Williams responding it will have an impact on the Jail specifically.

Commissioner Cook inquired how much does it cost to run such Program each year. Finance Manager Mike Abels responded the exact figure that has been cut from the budget for the Alternative Sentencing Program is approximately $205,000 to $210,000.

Marilyn Rigerman, representing Surfside Players, stated her organization is specifically interested in the County Cultural Grant Program; the dollars that the cultural groups receive from the County go back into the County through wages, supplies, utilities, rent, and all those things any other business pays for; Surfside Players is a business entity in Brevard County; and requested the Board's consideration.

Madeleine Lafferty advised her taxes are too high and have increased over 20%; and it is not right.

Commissioner Scarborough stated Ms. Lafferty's market value assessment decreased; therefore, the taxable value has decreased; one of the properties had a market value that increased approximately 40%; and the other property increased approximately 30%.

Commissioner Cook stated the Property Appraiser does the assessment and may have increased the assessments. Commissioner Higgs stated Ms. Lafferty needs to contact Property Appraiser Jim Ford.

Clarence Rowe expressed concern regarding the Community Development Block Grant funds; stated he provided information packets to the Board members containing recommendations; the HUD funds are definitely insufficient in reference to the social and economic problems in Brevard County; and requested the Board give consideration to subsidizing the HUD funds or conduct a study in reference to what is taking place here.

Commissioners Scarborough and Higgs requested the County Manager report back to the Board at the September 22, 1998 Budget Hearing concerning social programs and additional funding for child care.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to include $200,000 for the Alternative Sentencing Program for the Sheriff's Office.

Commissioner Cook stated this will be a reoccurring cost; since he has been a Commissioner, the Sheriff's budget has increased $8 million because the Board has made it a priority; he certainly believes law enforcement is a priority; but when he was originally briefed, staff had talked about putting this in a reserve and addressing the issue later. Commissioner Cook stated the Alternative Sentencing Program is an excellent one; and it has been a terrific benefit to Brevard County since it has been there.

Chairman Voltz inquired if the Board wants to take action on this issue tonight, or hold off until the September 22, 1998 Budget Hearing. Commissioner Scarborough stated the Board can wait and do it all at once at the second Budget Hearing.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to consider funding for the Alternative Sentencing Program at the September 22, 1998 Budget Hearing. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADOPTION OF FY 1998-99 TENTATIVE MILLAGES

Chairman Voltz called for the public hearing to consider adoption of the FY 1998-99 tentative millages.

Commissioner Scarborough inquired can the Board move the millages as previously adopted forward to the next Budget Hearing; with Budget Director Kathy Wall responding affirmatively.

General Fund

General Fund millage for FY 1997-98 is 4.2796 mills; the tentative millage for FY 1998-99 is 4.2345 mills; and the tax revenue based on the millage for FY 1998-99 is $63,805,760.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for the General Fund at 4.2345 mills. Motion carried and ordered unanimously.

Library District

Library District millage for FY 1997-98 is 0.7385 mill; the tentative FY 1998-99 millage is 0.7306 mill; and the tax revenue based on the millage for FY 1998-99 is $11,008,735.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for the Library District at 0.7306 mill. Motion carried and ordered unanimously.

Mosquito Control District

Mosquito Control District millage for FY 1997-98 is 0.2230 mill; the tentative millage for FY 1998-99 is 0.2206 mill; and the tax revenue based on the millage for FY 1998-99 is $3,324,017.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Mosquito Control District at 0.2206 mill. Motion carried and ordered unanimously.

Fire Control MSTU

Fire Control MSTU millage for FY 1997-98 is 1.5864 mills; the tentative millage for FY 1998-99 is 1.5604 mills; and the tax revenue based upon the millage for FY 1998-99 is $10,814,142.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Fire Control MSTU at 1.5604 mills. Motion carried and ordered unanimously.

Recreation District 1 MSTU

Recreation District 1 MSTU millage for FY 1997-98 is 0.5290 mill; the tentative millage for FY 1998-99 is 0.5258 mill; and the tax revenue based upon the millage for FY 1998-99 is $1,089,117.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Recreation District 1 MSTU at 0.5258 mill. Motion carried and ordered unanimously.

Recreation Special District 4 Operations and Maintenance

Recreation Special District 4 Operations and Maintenance millage for FY 1997-98 is 0.5807 mill; the tentative millage for FY 1998-99 is 0.5743 mill; and the tax revenue based upon the millage for FY 1998-99 is $891,766.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Recreation Special District 4 Operations and Maintenance at 0.5743 mill. Motion carried and ordered unanimously.

Titusville-Cocoa Airport Authority

Titusville-Cocoa Airport Authority millage for FY 1997-98 is 0.0253 mill; the tentative millage for FY 1998-99 is 0.0250 mill; and the tax revenue based upon the millage for FY 1998-99 is $161,810.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Titusville-Cocoa Airport Authority at 0.0250 mill. Motion carried and ordered unanimously.

Law Enforcement MSTU

Law Enforcement MSTU millage for FY 1997-98 is 0.8957 mill; the tentative millage for FY 1998-99 is 0.8815 mill; and the tax revenue based upon the millage for FY 1998-99 is $5,720,491.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Law Enforcement MSTU at 0.8815 mill. Motion carried and ordered unanimously.

Road and Bridge District 1 MSTU

Road and Bridge District 1 MSTU millage for FY 1997-98 is 0.7922 mill; the tentative millage for FY 1998-99 is 0.7826 mill; and the tax revenue based upon the millage for FY 1998-99 is $988,635.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Road and Bridge District 1 MSTU at 0.7826 mill. Motion carried and ordered unanimously.

Road and Bridge District 2 MSTU

Road and Bridge District 2 MSTU millage for FY 1997-98 is 0.4440 mill; the tentative millage for FY 1998-99 is 0.4367 mill; and the tax revenue based upon the millage for FY 1998-99 is $814,540.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Road and Bridge District 2 MSTU at 0.4367 mill. Motion carried and ordered unanimously.

Road and Bridge District 3 MSTU

Road and Bridge District 3 MSTU millage for FY 1997-98 is 0.6688 mill; the millage for FY 1998-99 is 0.6589 mill; and the tax revenue based upon the millage for FY 1998-99 is $576,745.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Road and Bridge District 3 MSTU at 0.6589 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU

Road and Bridge District 4 MSTU millage for FY 1997-98 is 0.4867 mill; the tentative millage for FY 1998-99 is 0.4744 mill; and the tax revenue based upon the millage for FY 1998-99 is $681,460.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Road and Bridge District 4 MSTU at 0.4744 mill. Motion carried and ordered unanimously.

Road and Bridge District 5 MSTU

Road and Bridge District 5 MSTU millage for FY 1997-98 is 0.7421 mill; the tentative millage for FY 1998-99 is 0.7424 mill; and the tax revenue based upon the millage for FY 1998-99 is $524,122.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Road and Bridge District 5 MSTU at 0.7424 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 North Beaches MSTU

Road and Bridge District 4 North Beaches MSTU millage for FY 1997-98 is 0.5952 mill; the tentative millage for FY 1998-99 is 0.5863 mill; and the tax revenue based upon the millage for FY 1998-99 is $165,363.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Road and Bridge District 4 North Beaches MSTU at 0.5863 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 South Merritt Island MSTU

Road and Bridge District 4 South Merritt Island MSTU millage for FY 1997-98 is 0.2465 mill; the tentative millage for FY 1998-99 is 0.2317 mill; and the tax revenue based upon the millage for FY 1998-99 is $14,180.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Road and Bridge District 4 South Merritt Island MSTU at 0.2317 mill. Motion carried and ordered unanimously.

Environmentally Endangered Lands

Environmentally Endangered Lands millage for FY 1997-98 is 0.2500 mill; the tentative millage for FY 1998-99 is 0.2500 mill; and the tax revenue based upon the millage for FY 1998-99 is $3,767,019.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to grant tentative approval of the FY 1998-99 millage rate for Environmentally Endangered Lands at 0.2500 mill. Motion carried and ordered unanimously.

Beach and Riverfront Acquisition

Beach and Riverfront Acquisition millage for FY 1997-98 is 0.2120 mill; the tentative millage for FY 1998-99 is 0.2120 mill; and the tax revenue based upon the millage for FY 1998-99 is $3,194,432.

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 1998-99 millage rate for Beach and Riverfront Acquisition at 0.2120 mill. Motion carried and ordered unanimously.

Port St. John/Canaveral Groves Recreational Facilities MSTU

Port St. John/Canaveral Groves Recreational Facilities MSTU millage for FY 1997-98 is 0.8525 mill; the tentative millage for FY 1998-99 is 0.8398 mill; and the tax revenue based upon the millage for FY 1998-99 is $444,471.

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 1998-99 millage rate for Port St. John/Canaveral Groves Recreational Facilities MSTU at 0.8398 mill. Motion carried and ordered unanimously.

RESOLUTION, RE: CALLING FOR STRAW BALLOT REFERENDUM OF PROPOSED NORTH MERRITT ISLAND DEPENDENT SPECIAL DISTRICT

William Haminski, Darleen Hunt, Richard Schneider, Tom McFarland, and Chuck Maxwell advised of their support for adoption of the resolution calling for a straw ballot referendum of the proposed North Merritt Island Dependent Special District.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, calling a straw ballot referendum on November 3, 1998, within the territorial limits of the proposed North Merritt Island Dependent Special District on the question of whether Brevard County should create such special district governing body for reviewing and providing recommendations on zoning changes affecting North Merritt Island; and providing for an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 98-201.)

PUBLIC HEARING, RE: ANNOUNCEMENT OF RECOMPUTED TENTATIVE AGGREGATE MILLAGE AND PERCENTAGE BY WHICH THE RECOMPUTED RATE DEVIATES FROM AGGREGATE ROLLED BACK RATE

Chairman Voltz called for the public hearing to consider announcement of the recomputed tentative aggregate millage and percentage by which the recomputed rate deviates from the aggregate rolled back rate.

Budget Director Kathy Wall stated the aggregate rolled back rate is 6.6751 mills; the aggregate tentative rate is 6.6751 mills; and there is no percentage change.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge announcement of the recomputed aggregate tentative millage and the percentage by which such millage deviates from the aggregate rolled back millage. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TENTATIVE APPROVAL OF FY 1998-99 BUDGET

Chairman Voltz called for the public hearing to consider tentative approval of the FY 1998-99 Budget.

Al Pennell, Melbourne-Tillman Water Control District Manager, stated the Property Appraiser's Office had previously told the District it needed to go on-line and acquire certain hardware and software to work with it in evaluating the land use categories within the District; 10 days ago the Property Appraiser's Office advised the District it was no longer a problem as such Office changed its system; and the requested increase in user fees by the District can be reduced from 3% to 2.4%. He advised it would result in individual user fee changes with an increase of 39 cents per year for residential, 16 cents per year for agricultural, and 76 cents per year for commercial.

Commissioner Cook inquired what was the District's percentage increase last year; with Mr. Pennell responding 10%.

Budget Director Kathy Wall requested Mr. Pennell provide the rates for the residential, agricultural and commercial customers.

Mr. Pennell stated the rate last year for residential was $16.34, and an increase of 39 cents would be $16.73; the rate for agricultural last year was $6.72, and an increase of 16 cents would be $6.88; and the rate for commercial last year was $31.74, and an increase of 76 cents would be $32.50.

Senior Budget Analyst Neil Boynton stated the advertisement for this year indicates agricultural would be $6.72 per lot, acre or a portion thereof; and it is an annual increase of 20 cents over the amount levied last year. Chairman Voltz inquired is it a mistake on the District's part; with Mr. Pennell responding affirmatively.

County Attorney Scott Knox stated the prudent thing to do is readvertise and hold a separate hearing on this particular item.

Mr. Pennell stated if the District has inadvertently advertised inappropriately for agricultural, he is inclined to say the agricultural line item should stay as advertised.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve rates of $16.73 for residential, $6.72 for agricultural, and $32.50 for commercial for the Melbourne-Tillman Water Control District.

Commissioner O'Brien stated the resolution indicates the user fees to be levied and the percentage increase or decrease over current rates are stated in the resolution and have been publicly read in full; however, he does not see a percentage increase or decrease stated in the resolution.

Commissioner Scarborough advised he will remove the motion until the Board has the additional language; and Commissioner Higgs removed the second to the motion.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Higgs, to continue the Melbourne-Tillman Water Control District item to the September 15, 1998 Regular Board Meeting. Motion carried and ordered unanimously.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to grant tentative approval of resolution adopting the FY 1998-99 Budget which includes $450,744,428 for County agencies, $70,186,398 for Charter Officers, and $9,204,062 for Dependent Special Districts. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADOPTION OF FINAL FY 1998-99 BUDGETS

Chairman Voltz called for the public hearing to consider adoption of final FY 1998-99 Budgets for Solid Waste Management Department, Surface Water Improvement Program, Emergency Medical Services, and Melbourne-Tillman Water Control District.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt final budgets for Solid Waste Management Department at $81,500,309, Surface Water Improvement Program at $6,631,981, and Emergency Medical Services at $11,202,640; and continue resolution adopting final operating budget for Melbourne-TIllman Water Control District to the September 15, 1998 Regular Board Meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ESTABLISHING USER FEES FOR MELBOURNE- TILLMAN WATER CONTROL DISTRICT FOR FY 1998-99

Chairman Voltz called for the public hearing to consider resolution establishing user fees for Melbourne-Tillman Water Control District for FY 1998-99.

The Board continued resolution establishing user fees for Melbourne-Tillman Water Control District for FY 1998-99 to the September 15, 1998 Regular Board Meeting; and directed staff to schedule the item first on the agenda.

PUBLIC HEARING, RE: RESOLUTION CERTIFYING 1998 STORMWATER UTILITY ASSESSMENT ROLL TO THE TAX COLLECTOR

Chairman Voltz called for the public hearing to consider a resolution certifying the 1998 Stormwater Utility Assessment Roll to the Tax Collector.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution certifying the 1998 Stormwater Utility Assessment Roll to the Tax Collector. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CERTIFYING THE 1998 EMERGENCY MEDICAL SERVICES ASSESSMENT ROLL TO THE TAX COLLECTOR

Chairman Voltz called for the public hearing to consider a resolution certifying the 1998 Emergency Medical Services Assessment roll to the Tax Collector.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution certifying the 1998 Emergency Medical Services Assessment Roll to the Tax Collector. Motion carried and ordered; Commissioner Cook voted nay. (See page for Resolution No. 98-200.)

Upon motion and vote, the meeting adjourned at 7:07 p.m.

ATTEST:

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HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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SANDY CRAWFORD, CLERK
(S E A L)