MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

September 11, 2002

The Board of County Commissioners of Brevard County, Florida, met in special session on September 11, 2002 at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O’Brien, Nancy Higgs, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

CEREMONY, RE: SEPTEMBER 11, 2001 REMEMBRANCE

Chairman Scarborough stated some people have asked why the Board was having a meeting on September 11, 2002; the reason is that the people live in a democracy and have a right to appear before the body that sets the taxes; it is physically impossible to have all the cities not in conflict with the County, School Board, and other taxing agencies without some entity meeting on September 11; and he views it as an opportunity. He noted the community has one more chance to say what it means; he saw one page of the newspaper that was covered with names of individuals who died on September 11, 2002; the night before he watched a show on television that dealt with why the towers fell and the structural engineering of them; and he heard the names of each individual being read in New York City. Chairman Scarborough stated while everyone talks about the towers, the dignity of the individual and average human being in the country was attacked; it was life and the right to pursue happiness; there were people who took off that day one year ago, not knowing they would not come home; and the dignity of those human beings was attacked. He noted as he heard the names being read, he realized that when talking about Americans, they talk about the melting pot of the world; the names encompassed regions all over the world; and Americans symbolize that the average human being were his brothers, sisters, fathers, and mothers. He stated the County would like to pay a tribute this evening.

The Sheriff’s Office Color Guard and Fire Rescue Honor Guard did the Posting of the Colors.

Chairman Scarborough led the assembly in the Pledge of Allegiance.

The Invocation was given by Stan Linder, Brevard County Fire Rescue Chaplain.

Ginnette Ward, Stevenson Elementary School for the Performing Arts, sang the National Anthem “The Star Spangled Banner”.

Commissioner Carlson stated on behalf of the Board, she would like to thank all those who participated this morning in the Program of Reflection; a lot of employees were able to take time off the job to reflect with everyone; she would like to give special thanks to Norm Wolfinger and his staff for organizing the event; and it was a moving service of remembrance, reflection, and rejoicing. She noted each one of the victim’s names was read during the service; it was punctuated with a wonderful musical accompaniment by Joe Davis of The New Beginnings and the Final Touch Singers; the service was lovely and will not be forgotten; and expressed appreciation to everyone for their participation.

Commissioner Colon stated this morning in Palm Bay there was a wonderful ceremony also showing tribute to all the men and women that they were not forgotten, especially the firefighters and law enforcement whose lives were lost at the World Trade Center; today is difficult for her as she lost a lot of people that she was close to and worked with on the 102nd floor of the World Trade Center; and read aloud, “Remembering September 11th God Bless America National Prayer”.

David Ewing, Melbourne Municipal Band, played “Taps”.

The Sheriff’s Office Color Guard and Fire Rescue Honor Guard did the Retiring of the Colors.

Chairman Scarborough thanked everyone who participated this evening, including Sharon Luba, who put the ceremony together; stated after the budget hearing, those individuals watching the meeting on television will be listening to Mozart’s Requiem; the reason it is being played is that in 20 different countries around the world, at the exact time when the first plane hit the World Trade Center, they will begin singing the Requiem; and it is being performed by 170 different orchestras and choirs. He noted to be part of the event, the County will be playing a portion of Mozart’s Requiem at the conclusion.

The meeting recessed at 5:43 p.m. and reconvened at 5:45 p.m.

INTERPRETATION OF CAPIT PROVISION, RE: COUNTY CHARTER

County Attorney Scott Knox stated in view of the controversy that has been in the newspapers over the interpretation of the CAPIT provision in the Charter, he would like to recommend that the Board invoke the panel method of review in the particular provision incorporated in the Charter and recommend that three lawyers be retained to look over the Charter provision and deal with the legal issues independently from his office and any of the other Constitutional Officers if they had some input into the issue; and there would be an objective third party view of it. He noted he has talked to Paul Gougelman, who is a respected local attorney in local government law; Dwight Severs, who is also a local government lawyer; and Skip Fowler, who is a local government lawyer also; they have all been in practice in those areas for over 20 years each; and they have agreed that they would be happy to review the issue for the Board if it is what it chooses to do. Attorney Knox stated he prepared a draft letter to those Attorneys if the Board is interested in pursuing that approach.

Commissioner O’Brien stated he agrees with Attorney Knox that the issue has been controversial and the public voted in favor of the referendum for a cap to the amount the County can increase its taxes; the public’s general impression was that it is 3%; how it is determined by the Board has become different than how the public sees it; and in all fairness to the public, the Board has to have a definitive answer as to what is CAPIT, what does it mean, and what rules surround it.

Motion by Commissioner O’Brien, seconded by Commissioner Carlson, to approve retaining Attorneys Paul Gougelman, Dwight Severs, and Skip Fowler to review the CAPIT provision in the County Charter; and authorize the County Attorney to send letters to the Attorneys requesting they provide a recommendation to the Board by September 23, 2002. Motion carried and ordered unanimously.

COMMENDATION, RE: SUPERVISOR OF ELECTIONS’ OFFICE

Commissioner Higgs congratulated the Supervisor of Elections’ Office on running an outstanding election yesterday; stated it was efficiently and fairly run; it came in number three in the State in terms of the reporting of the full results for the County; and Brevard County was the first large County to report, only one and one-half hours after the polls closed. She noted the two counties that beat Brevard County in reporting were small counties; the County should applaud the work and be grateful that the Board took a step a couple of years ago to get the equipment; it is a basic right of this democracy to vote, and it needs to be insured always; and Brevard County should be proud.

LETTER FROM OFFICE OF STATE COURTS ADMINISTRATOR, RE: DRUG COURT
PROGRAM

Commissioner Colon stated she received a letter from the Office of the State Courts Administrator that $360,000 is not in the budget from the State for the Drug Court Program.

County Manager Tom Jenkins stated the County is going to have to request the funding each year and it is not a recurring item; staff is doing the legislative package now and appropriations have been done; he is going to make sure the Drug Court Program is in the list of appropriations; and staff is bringing some non-appropriation issues to the Board at the next meeting.

DISCUSSION, RE: HOMELESS ORDINANCE

Commissioner Colon stated the Homeless Ordinance was discussed at great length; one of the things the Board had stated was that there would not be an arrest if the appropriate number of beds were not available; Commissioner Higgs requested that no person be arrested and in prison for violation of the Ordinance, unless the person refused an offer to be placed in a homeless shelter; that provision is included in the Ordinance; but her request was not included in the Ordinance. She inquired if she needs to put such request on the agenda again for discussion purposes.

Commissioner Higgs stated she wants to review the actual meeting; she thought the language that she inserted was what could be measured as opposed to how many beds there are; suggested the issue be put on the agenda; and in order to change the Ordinance, there needs to be another public hearing.

Commissioner O’Brien requested a report from the Sheriff’s Office on how many homeless people have been arrested, if any.

DISCUSSION, RE: SPECIAL MASTER PROCEDURAL REVIEW COMMITTEE

Commissioner Colon stated the Special Master Procedural Review Committee has had approximately three appointments, but it is still missing two appointments; and it is important that the Board make such appointments.

Commissioner O’Brien stated there has not been anyone elected to the Merritt Island Advisory Board in a long time; it has lost the spirit of what the Board created the boards for; he feels there is a small group of people who may have a specific agenda in mind rather than what the community may feel through a real election; people are not standing to run for election for the boards; and some of the boards have had trouble getting their quorum also. He noted the Board may want to make the boards appointed by the County Commissioners to take away the need for an election; he would like to review a new solution as the election process is not working; and there needs to be more diversification on the boards. Commissioner O’Brien stated there is an ongoing problem with both the Port St. John and Merritt Island Advisory Boards; and requested the County Manager provide a report to the Board on what is occurring in attendance with the boards, appointments, how many people have been elected to those seats over the years, and provide solutions.

DISCUSSION, RE: MOBILE HOME ASSESSMENTS

Commissioner Colon stated she has received telephone calls regarding the mobile home assessments; one member of the homeowners associations wrote a letter, as follows: “I am writing in protest and to call your attention to the unfairness of actions recently taken by the Brevard County Property Appraiser’s Office in regard to the article that came out about the 300% increase of assessments.” She noted the constituents are alarmed and were under the impression that the increase in assessments was something that the Board had done, but it is not within its power; she contacted Property Appraiser Jim Ford; and he wants to make sure that anyone who has questions can contact his office and speak to Lance Larsen. She stated she advised Mr. Ford that the Board wants the Constitutional Officers to be present during the budget hearings; and Mr. Ford sent her office a memorandum, as follows: “Dear Commissioner Colon. As we discussed, this is to explain that the Board of County Commissioners has no involvement in the Property Appraiser’s Office budget; the Property Appraiser’s Office is a fee or commission Office; and this is specifically stated in Section 192.091 of Florida Statutes.” Commissioner Colon noted it is complicated as the average citizen wants to know why this has happened to them; and inquired what direction does the Board wish to take. She stated one of the questions was if there should be some limit to the amount that the assessments can be increased in any given year; it is a question she was not able to address; inquired if the Board wants to get feedback and a report to address the issue; and noted it is an issue that is affecting the entire County.

Commissioner Higgs stated the ability of the Board to have influence or say over a number of the Constitutional Officers’ budgets is a timely issue and will be discussed at length in the budget process; the Board received a summary of the reviews that the various property appraiser offices have had over the years through the Department of Revenue (DOR) and challenges that various county commissions have given; so there is a lot of validity to the Board’s ability to have some influence over those particular budgets; and it is going to be a big issue that the Board is going to have to discuss at length.

Commissioner Colon inquired if there is a limit to the amount that can be increased in any given year, and can the County Attorney or someone provide a report to the Board so that it can give the information to its constituents.

Commissioner O’Brien stated the proper method for trying to get a reevaluation of property is to go through the Property Appraiser and then appeal to the Value Adjustment Board (VAB); the Board of County Commissioners has nothing to do with it; he was told by the Tax Collector five years ago that he was so far behind tagging the mobile homes and trailers to collect taxes that he had to hire a special person to do that; and the Property Appraiser then took over that function. He noted if anyone feels their mobile home is not worth the value placed on it by the Property Appraiser, then there is a methodology they should be using, called an appeal through the VAB, to see if they are right and perhaps the Property Appraiser is wrong; and to come before this Board is not appropriate.

RESOLUTION, RE: RECOGNIZING EAGLE SCOUT JASON AARON ADAMS

Commissioner Carlson read aloud a resolution recognizing Eagle Scout Jason Aaron Adams and acknowledging his outstanding accomplishments.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution recognizing Eagle Scout Jason Aaron Adams and acknowledging his outstanding accomplishments. Motion carried and ordered unanimously. (See page for Resolution No. 02-206.)

Commissioner Carlson presented the Resolution to Mr. Adams.

Mr. Adams advised the Board on various projects he conducted, including providing food for the Tabernacle Church Pantry in Melbourne and obtaining donations for a fund to the Red Cross in New York City.

PERMISSION TO ADVERTISE AND SCHEDULE EXECTIVE SESSION, RE: COZORT V.
BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to grant permission to advertise and schedule an executive session on September 17, 2002 at 11:30 a.m. or as soon thereafter as possible to discuss strategy related to litigation regarding the Cozort v. Brevard County case. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to take the speaker cards dealing with the mobile home assessments at this time. Motion carried and ordered unanimously.

Ronald Patterson, Indian Oaks Homeowners Association, stated the Association was flabbergasted to receive the proposed notices of 300% increase of the TRIM ad valorem tax; the State has 3% caps on certain tax rates; there are 10% caps on certain tax rates; and the people cannot handle the 300% increase. He noted the tax is unreasonable, unjustifiable, and illegal; for ad valorem, there are only two kinds of property—real estate and everything else; the people live in the modulars and rent the ground; if the County wants to call it a real estate tax, then it can send it to the real estate owners; and last year the people paid approximately $75,000 in taxes. He stated the residents are retirees who have been kicked around by markets, pension funds, etc. in the last year; they are not flowing with extra dollars; and someone has singled out the mobile home park for an attack. Mr. Patterson noted modulars depreciate and do not appreciate as in real estate values; the Property Appraiser has gone too far; Indian Oaks is a Consumer Price Index (CPI) Park, which means the owners are required by law to maintain increases in rents and costs at CPI levels less than 2%; and the question was raised if this is in violation of that, is it enough to stop federal funds from coming in until the issue is settled. He stated the Commissioners run the County; to see that it is run properly, it is reasonable for the residents to look to the Board; and requested the Board do what is necessary to take care of Mr. Ford’s unexplainable move.

Wallace Rowan stated he lives in Lakewood Village, which is a mobile home park with over 300 mobile homes in Melbourne; he represents the people in the Park; they have recently been hit with a 300% increase in reassessment of their taxes; most of the homes have been there since the 70’s; and they do not increase in value, but deteriorate and decrease in value every year, along with the tool sheds. He noted the residents do not expect a free ride; the tool sheds increased in value last year, which meant higher taxes; the residents also pay taxes on their homes; and they do not own the ground that the homes are on and therefore, are not eligible for homestead exemption. Mr. Rowan stated when there is an increase on the land, it gets passed on to the residents in higher rent; and inquired why the tax assessment is not based on the age and conditions of the property, what is the assessment based on, what kind of planning went into this, why was it not made public, and are there laws against arbitrarily raising taxes 300%, especially on the elderly who can least afford it. He noted the increase is exorbitant and grossly unfair to low income senior citizens; he does not understand it; every dollar counts for the low income senior citizens; and the Property Appraiser’s Office reevaluated the properties and reduced the assessments 100%, which is still a 200% increase. Mr. Rowan stated the residents have an extension until October 1, 2002 to meet with the VAB; and this issue needs to be addressed.

Commissioner Carlson stated her office was told by the residents of Indian Oaks in Rockledge that Mr. Ford’s office justifies the increase in appraisals because they have not been increased in 20 years; that lack of keeping up with the job should not be dumped on these individuals with the very least capability to absorb such a large increase, no matter what the increase is; it is not justified; and the people are of the opinion that the Board is the County government and obligated to do something about it. She noted many of the mobile homes were purchased 25 to 30 years ago and have depreciated to the point that they cannot be sold for their appraised values, much less replacement values; the new appraisals have added the attached features, such as screen porches, sheds, etc., which are quite old and could not account for the increase in appraised value; it was cleared up by a call from Lakewood Village in Melbourne where the property manager was told by two appraisers that the appraisals were based on the replacement cost of the attachments; and it is on the outrageous side. Commissioner Carlson stated it may be that the Board cannot direct Mr. Ford to reconsider raising the personal property appraisals on 24,000 mobile home owners, but the County does not need the money that bad to sit by while those people in the community, who are among the least capable of affording it, are hit with 200% to 300% increases; and she would like to know if the Board has the capability to appeal to the Governor or DOR to see if they can intervene. She noted some of the mobile home parks are called CPI parks, which means their rents cannot be increased by more than the CPI; it is federal law; she wants to know if there is some violation that has taken place; and perhaps the Board can see if there is some relief available to see if that law applies. She stated the County may want to take this up with the Legislative Delegation; there should be some mechanism the Legislature can devise to give the people the same sort of protection that the Save Our Homes Amendment provided; she would like to get the word out to all the mobile home communities that if people think their properties are appraised too high, they can come to the VAB; and there is a deadline of September 16, 2002. Commissioner Carlson stated there is a rule of Florida Administrative Code that allows for a late submission of a petition to the VAB if there is good cause; there are available forms tonight if there is anyone interested; and there needs to be some investigation.

John Boydston, Melbourne Beach Mobile Home Park, stated he called Mr. Ford’s Office and received VAB petitions that people can send in; Mr. Ford went over the Board’s head, and contends that the Board has no authority on what prices he sets; and his house is 23 years old. He noted his taxes were increased by 306%; every mobile home has at least a $60.00 or $70.00 increase in their taxes; and his taxes were increased by $76.00.

Commissioner Colon inquired can the Board waive the $15.00 fee and extend the deadline as there is no way to get the answers by September 16, 2002; stated she is uncomfortable that only the people who speak the loudest are the ones who are able to get a decrease of 100%; and it is not fair what happens to the rest of the people who are not here and have not spoken out about their increased assessments.

Chairman Scarborough stated the Board is not the VAB; three Commissioners and two School Board members are the VAB, which is separately constituted; and the questions are whether or not the Chairman of the VAB has the right to call a special meeting and what actions can the VAB take as a body in this regard.

Commissioner O’Brien stated the Board should be asking the Attorneys for the Property Appraiser and Clerk of Courts about the issues to make sure all the opinions are the same; it puts the Board in a precarious position as it is not the VAB; the VAB may be the only Board with the ability to waive the $15.00 fee and call a special meeting to discuss the issue; and all the evidence would need to be before the VAB to make a decision. He noted if the VAB wants to enter into reevaluating the taxes being charged, it has hired special masters to hear the cases individually; he would be cautious of the Board of County Commissioners going anywhere with this; and Mr. Ford has the duty and obligation, since he is elected for the position, to do the job.

County Attorney Scott Knox stated it is his reading of the Statutes that the authority of the County Commission is limited to filing a lawsuit to challenge the DOR’s approval of the assessment rolls, which would include the Property Appraiser and DOR; approval of the assessment rolls occurred on July 23, 2002; the Board has 60 days within which to file the suit to challenge the assessments; and September 23, 2002 would be the deadline. He noted the other alternative is for the individuals involved to bring their assessment challenges to the VAB; there are limited circumstances under which the VAB can extend the deadlines; but they are tied to just cause and extenuating circumstances.

Commissioner Carlson stated if the VAB deems it is still unjust, it can extend the period of time in which to appeal. Attorney Knox responded the only extension powers by the VAB are to extend the time for filing the applications; and if people have not filed timely and the VAB finds there is just cause why they have not done so or there is some extenuating circumstance, it is able to extend the time frame for the filing of the individual appeals.

Commissioner Higgs stated the circumstances are probably fairly limited based on the precedent and the VAB, so people need to file by the September 16, 2002 deadline; the VAB can hear those; the DOR supervises the Property Appraiser; and inquired does the Board have the ability to advise the DOR of its concerns as the Department has to review the appraisals. Attorney Knox responded informally the Board could do that; it could say it has a concern about the way the assessment rolls are approved; however, the DOR has already approved the assessment roll. Commissioner Higgs inquired how can the DOR approve the assessment roll if the final roll has not been approved by the VAB. Attorney Knox responded DOR has approved the assessment; it has to be certified at a certain time, which has been done; and the assessment roll gets adjusted again after the VAB meets.

Chairman Scarborough inquired would Attorney Knox be better prepared to bring a memorandum for the Board’s consideration on options it could undertake at Tuesday’s meeting; with Attorney Knox responding affirmatively.

Commissioner Carlson stated the bottom line is that the Board needs to make the Property Appraiser accountable; whatever way it can make him accountable, it needs to do that; and it needs to address the options. Chairman Scarborough stated the question Commissioner O’Brien raises is how the Board can make the Property Appraiser accountable under the law.

Commissioner Colon stated she would like to know whether the Board is able to waive the filing and extend the deadline; with Attorney Knox responding he will report back to the Board. Chairman Scarborough inquired is there any way that the Board can waive the fee; with Attorney Knox responding he does not believe so, and if anybody can waive it, it would be the VAB.

Chairman Scarborough stated the County Manager has set up certain information booths outside for those people who came with this particular concern.

County Manager Tom Jenkins stated staff is in the lobby with the petition forms if anybody would like to do an appeal to the VAB; and if there are any specific questions about tax bills, staff can answer those questions as well.

Chairman Scarborough stated the County Attorney will be providing a memorandum to the Board next Tuesday on what actions it can take; and staff is in the lobby to assist any individuals with their particular questions.

Commissioner O’Brien noted people have until Monday at 5:00 p.m. to file a petition to the VAB.

The meeting recessed at 6:41 p.m. and reconvened at 6:50 p.m.

PUBLIC HEARING, RE: PRESENTATION OF TENTATIVE FY 2002-2003 BUDGET

Chairman Scarborough stated people received a TRIM notice in the mail; it indicated if their property value increased or decreased; the millage is the rate the taxes are applied to the property value; and there are a number of different taxing entities that impact people, including the Board, School Board, and St. Johns River Water Management District. He noted individuals have an ability from looking at the notice to know what has changed in each of those entities and when the meetings are; the Board will have another evening meeting on September 26, 2002; and that is when the final millage will be set. He stated there have been significant legal questions raised by two Constitutional Officers; the County Attorney is getting together a panel of three local government attorneys to consider the legal issues that have been raised; a report will be brought back to the Board by September 23, 2002; and the impact of the decision will be profound, which is approximately $6 million change in the County’s budget.

Commissioner Carlson stated she was approached during the break with a question regarding the mobile home issue; and inquired how are the snowbirds notified of the increase.

County Attorney Scott Knox responded he assumes they receive a TRIM notice like everybody else. Commissioner Carlson stated that was her assumption also; but she did not know what address the TRIM notice would be sent to and how the individual would be able to make any sort of formal meeting, whether it is the VAB or whatever to appeal such a decision.

PUBLIC HEARING, RE: TENTATIVE AGGREGATE MILLAGE RATE FOR FY 2002-2003

Chairman Scarborough called for the public hearing to consider the tentative aggregate millage rate for FY 2002-2003.

Budget Director Dennis Rogero advised the FY 2002-2003 aggregate rolled back rate is 6.9549 mills; and the FY 2002-2003 aggregate tentative rate is 7.4026 mills, which represents a 2.82% increase over the FY 2001-2002 aggregate rate and a 6.44% increase over the FY 2002-2003 aggregate rolled back rate.

There were no comments or objections heard.

PUBLIC COMMENTS, RE: TENTATIVE COUNTY BUDGET FOR FY 2002-2003

Chairman Scarborough called for the public hearing to consider the tentative County Budget for FY 2002-2003.

Deborah Barker, Finance Manager for Sheriff’s Office, expressed appreciation to the Board and Budget Office staff for the good work done so far in the budget; stated she and Sheriff Williams brought forward several priorities for law enforcement in the budget year for consideration for next year; the priorities included deputies; raises for qualified employees to keep them in a competitive market; vehicles, as replacement vehicles had not been afforded to the Sheriff’s Office for three years; and hand-held 800 megahertz radios as such radios are 10 years old and it is a safety issue as deputies cannot hear the transmissions and such transmissions cannot get to dispatch. She stated progress has been made in most of those items, including partial funding of the deputies and partial funding of vehicles; 157 vehicles are needed; the Sheriff’s Office and County have worked together to get 30 vehicles; no progress has been made on the radios, which remains an open issue with the vehicles that will have to be looked at hard in future years; and some progress has been made on pay raises to keep good people. Ms. Barker noted the number one priority for law enforcement is the deputies to serve the citizens of Brevard County; in May 2002, the Sheriff’s Office brought forward a grant opportunity to the Board through the U.S. Department of Justice (DOJ) for a Community Policing Grant that offered federal funding to offset the cost of deputies over a three-year period; such Grant offers to put deputies on the road in a proactive versus a reactive function; the Sheriff’s Office applied for the grant funding, with approval of the Board; and during the budget hearings, they were able to work together to get funding of 10 of the 20 positions. She stated the Sheriff’s Office was notified last week by the DOJ that the Sheriff’s Office received full funding of the grant; it is excited to report that it received a $1.5 million grant to assist in putting 20 law enforcement road patrol positions within Brevard County next fiscal year; at this point in the budget hearings, the Sheriff’s Office and County have only been able to work together to get grant match funding for half of those positions; and requested the Board let the staffs continue to work together in the next couple of weeks before the final budget decisions have to be made on September 26, 2002 and find grant match funding to put all 20 deputies on the road next year. Ms. Barker noted if it is not done, the County would be turning back $750,000 of federal funds toward law enforcement; deputies were needed yesterday, they are needed today, and they are going to be needed tomorrow; it is a sound business decision; and requested the Board’s cooperation. She stated the Sheriff’s Office appreciates the good work that has been done so far this year for the citizens of Brevard County.

Chairman Scarborough stated the Board would like to get the money if it can; there are some dire situations that may face the County and community; and he hopes Ms. Barker remains fully involved in the discussions.

Bob Sarver, Chief Deputy for the Sheriff’s Office, expressed appreciation to the Board for the tribute it gave at the beginning of the meeting; stated one year ago no one could predict anything that occurred; the best tool is a preventative one, which is presence; and it is a common sense approach. He noted everyone recognizes the needs and that they have to work within the constraints that are present.

Steve McGeary, Suntree Master Homeowners Association, requested the Board fund the Sheriff’s budget; stated there are policing and traffic problems in the community; the Association is not getting the amount of police coverage it desires; and it is due to the lack of deputies. He noted there are two deputies available from Barnes Boulevard to Post Road; the community has experienced a tremendous amount of growth over the last few years; Commander Crosby and the Association worked out a program where the Association supports the Sheriff’s Office by hiring off-duty deputies to patrol its streets during the day; and it is spending thousands of dollars to help deter and eliminate some of the speeding problems. He stated the Association has allotted enough funds to continue the program for the rest of the year; it will probably put it in its budget for next year so it can continue to get the police activity on its streets; the speeding problem has diminished; and encouraged the Board to assist with the Sheriff’s grant funding for 20 additional deputies as they are needed in the County.

Stacey DeLoche, Oaks at Lakefront Homeowners Association, stated she is a victim of several crimes in the neighborhood she recently left; there is vandalism in her new neighborhood; and requested the additional presence of patrol cars. She noted when she was a victim of crime, it took 20 minutes or more to get a response using the 911 service; she is grateful for the response she received, but it was excessive for what she went through; there needs to be more officers on the road to respond sooner so that loved ones are not in jeopardy; and requested the Board look at the big picture.

Doris Lucas, Cocoa Beach Public Library, requested funding for the public libraries; stated she is a media specialist; public libraries give to all the communities and provide information access for all citizens; and the public libraries are for everyone to be able to access them. She noted children and young adults use the libraries; the Board needs to continue to fund them; libraries also provide a child their first entry into the exciting world of reading and books; and if public libraries have to cut their budgets, they have to cut the time they are open and cut their collections and staff. Ms. Lucas stated the people who get hurt are the people who cannot afford to have all those things at home; and encouraged the Board to continue to fund the libraries.

Chairman Scarborough inquired are there any cuts to the library system in the budget; with County Manager Tom Jenkins responding negatively.

Shirish Patel, Asian Indian Company, stated the Sheriff’s Department takes between 26 to 30 minutes to answer calls in the area of his business in Cocoa Beach; the Department has requested additional vehicles; he and other community leaders have had approximately four meetings with Sheriff Williams; and the Sheriff has indicated he will try his best to get additional funding. He noted there are more than 110 stores and small businesses in his community; there are a lot of problems in the area; and requested the Board approve the Sheriff’s budget request.

Julie Mielcarek, Cocoa Beach Public Library, stated Cocoa Beach Junior/Senior High School today performed the Rolling Requiem; and it is on Channel 6 tonight. She noted she believes strongly in getting children to read; she spent between $20 and $40 a month on her own classroom to see that the children had books to read; if they could not get to a library, she had a book for them to read; and not all teachers are going to do that. She requested the Board be judicious in how it funds the libraries; stated a lot of children do not have these kinds of activities at home, including computers; a lot of parents do not put books in their children’s hands; and the libraries are one place the children can go. She noted the media specialists in the County are wonderful people and do a terrific job; and requested the Board be careful in how it funds the libraries and do not cut anything if possible.

Lynn Matthews, Snug Harbor Homeowners Association, stated the Association supports the Sheriff’s Office and its request for 20 additional deputies; the Universal Hiring Program Grant awarded to such Office by the DOJ requires matching funds from the County; the south end of the County, which includes Snug Harbor, has over 750 properties with accumulative assessed value of over $105 million; and it is a significant tax base. She noted Snug Harbor receives little in the way of County services; in January 2000, Snug Harbor conducted a survey of the south end; 77% of respondents stated that the south end needs more responsive law enforcement and fire rescue services; and the response times pointed out by Mr. Patel are short by some of the residents’ experiences. Ms. Matthews stated the Association has been meeting since February 2002 to address the issues; it supports an additional ambulance in the Cocoa Beach area; two meetings included speakers from the Sheriff’s Office; and the Association voiced its concerns about the lack of law enforcement services. She noted Commander Earl Petty from the South Precinct told the Association about low staffing for deputies and other law enforcement personnel; while the average ratio of law enforcement personnel per one thousand citizens is 2.2 in the State of Florida, it is 1.6 in Brevard County; in the unincorporated areas, it is .7; and law enforcement responsiveness is challenged by the growth of the County, its unique geography, and critical new responsibilities that have been brought on by the war on terrorism. Ms. Matthews stated Brevard County has not staffed its Sheriff’s Office in proportion to the County’s growth and now it is time to play catch up; such Office has done the County a great service by obtaining this grant of $1.5 million to fund 20 new deputies; it is a significant cost savings and allows Brevard County to respond to population growth and the need for crucial law enforcement services at half the price; and the south end residents are ready to see their tax dollars at work and support the additional 20 deputies.

Bino Campanini, Brevard Library Foundation, requested the Board’s continued support of the libraries; stated the Board has been generous to the libraries; libraries are more than bricks and mortar and are an integral part of the fabric of the community; and they are the information centers of the communities and nurture the sense of democracy. He noted libraries are important, especially for the young people; the programs in the libraries are great; and libraries are also important for the elderly. He stated an investment in the library system is an investment in ourselves and the community; it demonstrates what is valued in the community and what the libraries stand for; and everyone should have access to the things that will provide the opportunity to succeed in life.

Ayn Samuelson stated property taxes are one of the main sources of revenue for the County; such taxes increase by raising assessments and millage rates; the most painful event is when property taxes increase due to both assessment and millage increases; and it can lead to significant boosts in taxes, as she has personally experienced a 50% tax increase on real property in one year. She noted since she and her husband operate a small business where they own and manage residential rental properties, which is their livelihood, she knows the pain from firsthand experience; to date, there is no cap on assessed value on these properties, even though they are used solely for residential living purposes; misinformed individuals suggest that the owner should simply raise the rents to cover the cost of property tax increases; and the real-world scenario is that the rental market often cannot bear certain increases. Ms. Samuelson stated if the rents cannot be raised, then the owner actually watches the net income decrease from one year to the next; last year, she sustained a direct loss of $3,000 out of pocket, even after saving for her taxes; this is income that she will never recoup; and she finds it difficult to believe that leaving small business owners with less net income is the intent of the Board or Florida Statutes that deal with taxation and finance. She noted the people who will ultimately pay the increases beyond the annual direct hit are those who can often least afford the cost, the renters; most of the renters are of limited means; these are people for whom counting the dollars for food, clothing, and shelter is a stark reality; and closely related to increases in rental housing costs is the distinct possibility that local private charities and County assistance-based resources may be depleted, due to increased demand on these resources to assist in paying for housing costs. Ms. Samuelson stated the others who do not quite qualify for local assistance might fall through the cracks; inquired are these issues unintended consequences of policy; and implored the Board not to raise the millage rates and instead, look to genuine accountability which each and every department in County government. She requested the Board review budget items that do not point to the mission of County government, examine health insurance options, and work closely with the Brevard County Legislative Delegation to make tax assessment and collection more reasonable and efficient. She stated the economy is stalled and the stock market is sliding; government cannot continue to operate as if all is well; and requested the Board think outside of the box and be unafraid to do the right thing for the citizens of Brevard County. She inquired does the Board have an active role in giving direction to the County Manager to insure that the budget process is an accountable and purpose-driven process that is both efficient and effective with the resources.

Gene McCarthy stated the County has done a great job in working with the budget; revenues are not the same as they have been; and this past year has been extraordinary. He noted he supports the proposed increase in the budget; the quality of life issues that are enjoyed in Brevard County have to continue; he serves on the Executive Committee of the Economic Development Commission (EDC); and without the proposed increased, it could negatively effect the grant that the Board provides the EDC each year. He recommended that the budget increase be considered and passed.

Bea Polk stated she was told that the Property Appraiser’s budget is not a 3% increase; and inquired what is the total increase, including the amended budget.

Assistant County Manager Stockton Whitten responded the General Fund transfer increase for the Property Appraiser is 3.19%; and it is 100% of the Board’s contribution to Mr. Ford’s budget. Ms. Polk stated this year Mr. Ford gets $8,158,191; he has 114 employees, some are part-time; and there will be an amended budget. She inquired how much will be in the amended budget. Mr. Whitten responded the Board funds approximately 78% of the Property Appraiser’s total budget; the amount is about $6 million; the Board also funds its portion of Mr. Ford’s pay raises in accordance with what the Board has budgeted for County staff; and it is included in his budget this year.

County Manager Tom Jenkins stated in past years the County has not put the salary money in until the middle of the year; but it is putting such money in the budget at the beginning of the year; and it would not be an amended budget this year and would all be budgeted at one time. Mr. Whitten advised the figure is $6.4 million for Mr. Ford. Ms. Polk noted she has a figure of $8,158,191 which is taxpayers’ money. Mr. Whitten stated Mr. Ford is billing other taxing districts for the portion that they represent on the tax bill; the Board’s portion is 78% of the tax bill; and it is funding 78% of the $8.1 million. Ms. Polk noted it is nearly 5%; Mr. Ford ran on a campaign of 3%; he never comes to a meeting; and inquired why does Mr. Ford fight for 3% when his budget is nearly 5%. She stated the County asked for an audit of Mr. Ford’s books; he spent thousands of dollars in lawyers to keep from having an audit; and inquired why. She noted the Board says it cannot do anything; but it is taxpayers’ money in Brevard County; it is not State money; and the State does not care. She requested there be an audit of Mr. Ford’s books; stated it is time the public knows what goes on; and requested the Board ask the Legislature to change something. She noted the County taxpayers are giving Mr. Ford over $8 million and cannot do anything about it; it is a disgrace to live in America and pay taxes that have no accountability; Mr. Ford does not mind fighting everybody else about 3%; and he tells the people one thing and does the other. Ms. Polk stated it is time that the Board demand to have an audit; and it could do so if it would push the issue.

Chairman Scarborough stated the Board pursued that issue. Ms. Polk noted the Attorney General’s opinion was wishy-washy. County Attorney Scott Knox stated he did not agree with such opinion. Ms. Polk stated the Board could go to the courts; Mr. Ford does not mind pushing other things; the County needs to push Mr. Ford; reiterated it is time to have an audit of Mr. Ford’s books and requested the Board do so.

Chairman Scarborough read a memorandum from Mr. Ford to Commissioner Colon, as follows: “As we discussed, this is to explain why the Board of County Commissioners has no involvement with the Property Appraiser’s Office budget. Please note that from the above, that the Property Appraiser is a separate Constitutional Officer, specifically excluded from the requirements to submit a budget to the County Commission.”

Greg Hunnicutt stated Messrs. Jenkins and Knox are competent people; and inquired if both of them agree with CAPIT, why are individuals paying attention to Scott Ellis. He noted he supports the Sheriff’s request; there is an important need for security; the needs of Brevard County residents are great; and the protection of the residents is greater.

Dr. Anthony Cardinale, Cloisters Homeowners Association, stated the Association is pleased about the grant given to the Sheriff’s Office; and urged the County to find the necessary funds to support the request of hiring 20 road deputies that the grant calls for. He noted it is extremely important that the 20 deputies be hired now as they are needed; there are 145 road deputies; there are 47 deputies for three shifts that handle approximately 205,000 people; and the south district has four or five officers that have to cover 31 miles from Cocoa to Sebastian. He stated the deputies are needed; and requested the Board review the budget carefully and not turn back the grant of $750,000.

George McLeod stated he supports the Sheriff’s request; reactive is an abject failure; it is filling out a report on something that already happened; and the County needs to be proactive. He noted being proactive would save a lot of lives and a lot of money in the long run; he appreciates the Board’s help; and he is looking forward to seeing 20 additional deputies.

Freda Schildroth, National Alliance for the Mentally Ill (NAMI), expressed appreciation to the Board for the positive improvements it has made over the last year regarding persons with mental illnesses; and stated some of the improvements consist of the Commission on Mental Health and Community Solutions that is working to improve the overall system, forensic improvements and increased staffing at the jail, efforts to implement a mental health court, improvements to the Baker Act treatment services, crisis intervention training for law enforcement and detention officers, and the Commission on Aging. She noted these are just a few of the mental health impacts of the County budget; there are many human impacts; and because of the Board’s efforts, there are now services and improvements in place which would have prevented Robert Ferris’ death at the County Jail. Ms. Schildroth requested the County not go backwards, but move forward in the improvements that must be made; and urged the Board to approve the budget.

Elaine McClung, Melbourne Pet Rescue, inquired if the County has cut Animal Services and Enforcement Department’s budget for this coming year; with County Manager Tom Jenkins responding negatively. Ms. McClung requested the Board increase the Department’s budget; stated a shelter is needed in the central part of the County; improvements are needed at the South Animal Shelter; and a new facility is needed for North Animal Shelter. She noted the gate box needs to be improved at the South Animal Shelter; animals are escaping; North Animal Shelter has extremely poor ventilation; there is one window unit on its last leg; and some rooms have no windows and no ventilation. She reiterated her request for an increase in the Animal Services and Enforcement Department’s budget.

Robin Tibbitts stated the Sheriff’s Office needs assistance for the additional 20 deputies; the libraries are also important; and the quality of life in Brevard County is wonderful. She noted parks and recreation is a nice attribute and something for everyone to enjoy; the County needs additional boat ramps; the Parks and Recreation Department has done a phenomenal job; and she appreciates the referendum that was passed for parks and recreation and hopes the funding will remain there. She stated the facilities are important for people of all ages to maintain the quality of life in the County; and requested the Board be mindful of the Parks and Recreation Department during the budget process.

Joseph Ward stated he would like to see the Animal Services and Enforcement Department’s budget increased more; one thing of importance that is neglected in the budget are generators for animal care centers; he is now employed by the Sheriff’s Office; but he is mainly here as a taxpayer. He noted he supports the Sheriff’s proposal; government should be responsible for protecting its citizens and insuring that certain services are provided, such as roads; there is a shortage of road deputies; and it is difficult for a deputy to go from one end of the County to the other in any reasonable amount of time. He stated the Sheriff’s Office does a remarkable job in handling the high priority calls and getting people where they need to be for real emergencies; but those kinds of things that such Office is met with every day, which are people problems, can be difficult to respond quickly to as deputies get tied up at length on other calls; and additional deputies are needed on the road. Mr. Ward stated putting off the tough decisions makes it harder to deal with later on; to not meet the challenges now means that some other board later will have to and it will cost more; and funding what the Sheriff asked for is a minimal increase for what his needs actually are. He encouraged the Board to support what it can; and stated he agrees that Animal Services and Enforcement Department’s budget should increase as well.

John Shishilla stated the deputies need assistance; the Board needs to do everything it can to help the Sheriff’s Office; it is not only helping the deputies, but the citizens as well; and he is amazed at the deputies’ teamwork and how much they care about the citizens. He noted his ride-a-long with a deputy on a Friday night was an eye-opening experience; he was appalled by the deputies’ equipment; the County needs to do something about the radios before someone gets hurts; and the County has a great responsibility, not only to the community, but to the nation and world with what goes on in Brevard County. Mr. Shishilla stated the deputies need the County’s help to protect the citizens; the space program and other attractions need to be protected, as well as the communities; and urged the Board to assist the Sheriff and his deputies.

Commissioner Colon stated much assistance has been given to the Sheriff’s Office during her tenure; and she is proud to have been part of that process.

The meeting recessed at 8:05 p.m. and reconvened at 8:24 p.m.

Clerk of Courts Scott Ellis stated his Office agrees with the 6.44% millage presented by the Budget Office; his Office’s concerns are based on CAPIT, which is CPI based; there was a slight disagreement between his Office and the Budget Office over the CPI; and it is understandable as there are different ways of evaluating the CPI. He noted the Budget Office had 1.8% for CPI, which would net approximately $8 million more for the County over this current year’s amount of money; the current budget is about a $13 million to $14 million increase over last year’s revenues; and new construction alone is approximately 4%, which is exempt from the CAPIT provisions. Mr. Ellis stated he is not familiar with the issue of having three attorneys review the CAPIT; Attorneys Paul Gougelman and Dwight Severs are familiar with the 10% issue from the local Bill at the Legislature; the City of Melbourne did a 10% increase about four or five years ago; and he is concerned that Attorney Fowler is not familiar with that, and the third attorney should be someone with an accounting or business background. He noted the biggest problem between his Office and the County Attorney’s Office last year was applying legal opinion to numbers; by the time the budget was finished last year, based on the formula derived from the County Attorney’s opinion, there was a leeway of about a $38 million increase; based on the memorandum from Mr. Whitten, the leeway is there currently for about a $22 million increase; and it is approximately 17%. Mr. Ellis stated it is not consistent with the 3%; last year Commissioner Higgs had a slightly different formula; it used 3%, so they were in agreement; this one currently at 6.44% is beyond 3% in the CAPIT; the County should be back within the 18% CPI; and that with new construction, would yield approximately $8 million, which is still about 6% more money than what the Board had last year. He inquired what is the procedure with the three-attorney panel.

County Attorney Scott Knox responded he will request the attorneys to address the legal issues associated with CAPIT, and will provide them copies of all of the opinions he has done, as well as all the correspondence between the County, Clerk, and Property Appraisers’ Offices. Mr. Ellis inquired what happens with the result; noted he understands the attorneys will come back with another legal opinion; and inquired how does it affect the Board’s budget. He stated the County is in a complex territory as it is working within a two-week time frame; if the attorneys come back in two weeks and agree with the Clerk and Property Appraiser, there is approximately a $6 million cut in the current budget; and inquired would the Board come to the agencies and ask them to start making their cuts in preparation.

Chairman Scarborough noted perhaps it would be prudent to put people on notice that this is taking place and there could be a need to cut $6 million. Mr. Ellis stated he would like to have a heads up; tonight was the first he heard about the three-attorney panel; his Office did not have anything prepared on it; but he would like to be prepared, depending on what comes back to the Board.

PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE III, CHAPTER 42, SECTIONS
42-78, 42-81, AND 42-95, RE: EMERGENCY MEDICAL SERVICES, MICCO EMS
ASSESSMENTS, AND FIREFIGHTER/EMT POSITIONS

Chairman Scarborough called for the public hearing to consider an ordinance amending Article III, Chapter 42, Sections 42-78, 42-81, and 42-95 for Emergency Medical Services (EMS), Micco EMS Assessments, and authorization for six new firefighter/Emergency Medical Technicians (EMT) positions.

Commissioner Higgs stated the Board indicated it was interested in feedback from the residents in Micco; on Tuesday, there were 1,302 people who responded to a straw ballot conducted on the Micco EMS; there was a wonderful cooperative spirit with the citizens of Grant and Micco who staffed the polling places; and they did a good job. She expressed appreciation to the citizens who served all day on Tuesday and manned the polling stations; and read aloud a resolution recognizing the contributions by Grant, Micco, and Barefoot Bay community for the EMS straw ballot.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution recognizing the contributions made by citizens of the Grant, Micco, and Barefoot Bay community who conducted the EMS Straw Ballot on September 10, 2002. Motion carried and ordered unanimously. (See page for Resolution No. 02-207.)

Commissioner Higgs stated 59% of the people who expressed their opinion at the polls on Tuesday expressed a preference for the option which would raise the EMS assessment rate from $55.88 to $96.07; this continues the practice of not billing for insurance, but has the cost covered up front; 59% in most elections would be deemed a landslide; and the people had an opportunity to speak on Tuesday. She noted option 2 is the people’s desire; and she would move that the Board move forward with Option 2.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to approve Option 2, to raise the Micco EMS assessment rate (residential and commercial) from $55.88 to $96.07. Motion carried and ordered unanimously.

County Manager Tom Jenkins stated technically this means that the Board does not have to do an ordinance change, so it can disregard Item IV.A.3. and no action is taken; the Board has to amend the rate resolution which is IV.A.4.; it has to increase the Micco assessment to the $96.07; and a motion is needed on the rate resolution.

PUBLIC HEARING, RE: RESOLUTION APPROVING EMERGENCY MEDICAL SERVICES
ASSESSMENT RATES FOR MICCO AREA

Chairman Scarborough called for the public hearing to consider a resolution approving Emergency Medical Services (EMS) assessment rates for Micco area.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution approving the EMS assessment rates for the Micco area, from $55.88 to $96.07 for residential and commercial properties. Motion carried and ordered; Commissioner Colon voted nay. (See page for Resolution No. 02-208.)

PUBLIC HEARING, RE: FY 2002-2003 TENTATIVE MILLAGES

Chairman Scarborough called for the public hearing to consider the tentative millages for FY 2002-2003.

Commissioner O’Brien stated a tax increase is not required; the budget has increased by $2.9 million due to new construction and $2.2 million due to intergovernmental State revenues; it is close to $5.1 million; the impact fees have not been noted yet; and under Special Revenue Funds, there is an increase of 8.71%. He noted some individuals living in mobile homes complained that their increased values were enormous; under new construction are improved revenues which equal 3.92% over last year, plus 3.51% of increased values; the County is seeing a 7.43% increase in revenues to the budget; and these are things that the Board has not been discussing. He stated the Sheriff is asking for an increase on Page 12 of $4.5 million; the County is looking at an increase of $5.1 million to it without raising taxes; the impact fees will have a dramatic affect also; and the County could have a temporary hiring freeze to see what the effect it will have on the budget. Commissioner O’Brien stated the Board could also restrict new construction or government offices and new government buildings, which would save $1 million; Information and Communication Systems’ budget has decreased by $1.7 million; and adding it to the $5.1 million is close to $7 million of increased freed up revenues. He noted the Board has increased Animal Services and Enforcement Department’s personnel by 30 or 40 people; he has not received the answer of how many positions were not filled last year; if a position is not filled, the funding is still within the Department’s budget and carried over to this year; and the Department’s budget has increased from $2.4 million to $3.3 million in two years. Commissioner O’Brien stated Mosquito Control Department’s budget decreased by $1 million in the same two years; when the County stopped the Contract with the Humane Society, he asked what would be the County’s increased cost to operate the facility; and the increase to take care of the animals is part of the $1 million. He inquired should the County try to renegotiate with the Humane Society to again take over the shelters. He noted increased rents come from people with low-wage jobs; retirees have lost money in their IRA’s and 401K’s; they also face the same thing other individuals do with increased insurance rates; and appraised values have skyrocketed in a lot of areas in Brevard County. Commissioner O’Brien stated he cannot perceive why the County needs a tax increase this year; the businesses suffer decreased sales or decreased margins; to operate a business, the increases are phenomenal in wind coverage and flood insurance; and the cost of operation has also increased. He advised there has been an increase in County personnel; in 2001-2002, the County had 135 additional personnel on the payroll; in 2002-2003, it increased by another 112 personnel; the total increase in two years of personnel is 247; and there are now 3,578 Brevard County employees. Commissioner O’Brien stated the County should be looking into how far it expanded employment of its employees beyond what the referendums called for; the Transit Services Department has an increase in its budget; it indicated it would cost $18,000 a year to add trolley service along the beaches until midnight; and the Board could cut the budget by $18,000 if it can go to the Tourist Development Commission (TDC) and research where there is funding for it. He noted between Port Canaveral and Patrick Air Force Base, if the buses could run at night, there may be a dramatic reduction in drunk driving and DUI’s; it is imperative that each Charter Officer make the decisions which create their priorities, with a willingness to shift the taxpayers’ dollars to meet the goals and priorities; and the Board needs to ask the Charter Officers to make the tough decisions by not increasing their budgets beyond the percentage increase of revenues to the County. Commissioner O’Brien stated there are some solutions the Board can review, including the General Fund budget; a $4.5 million increase is considerable for the Sheriff’s Office; in the 2001-2002 budget, such Office increased its personnel by 61 persons; and this year it is requesting 21 additional personnel, which is 82 new personnel for the Office in only two years. He noted the Board increased the MSTU for law enforcement officers from 189 to 206 officers; not only should the Board have to bite the bullet, but every Charter Officer should do the same; and the priorities need to be reviewed. He stated the Board could say based on the fact that it is going to increase its revenues by over 7%, it does not need a tax increase; and he will not support an increase.

Commissioner Colon stated every penny that has been given to the Sheriff’s Office has been money well spent; these are different times; the school resource officers have been able to show the County the impact they have had in the past six months; and inquired how does one put a price on safety of a child’s life. She noted credit needs to be given where it is due; the deputies do more than their fair share; she is proud of them; and she speaks on behalf of those people who attend her town meetings and appreciate law enforcement.

Commissioner O’Brien stated he is proud of the Sheriff’s Office also; his job is to look at how the money is spent and where the priorities are; that is what he is trying to do; and the Sheriff’s job is to try to get the best he can for every last deputy he has. He noted if the Sheriff can get his deputies all new cars, radios, and uniforms, he will; it is his job to do that; but it is the Board’s job to look at how tax money is spent. He stated he believes the County has the money to do that from its new revenue generated; but if it does not, it is not only the Board’s ability to say it is sorry and it also has to say no sometimes; and it does not have to say yes to everything. Commissioner O’Brien stated it is not only the Sheriff’s Office; it is other agencies and County departments also; the headline from Florida TODAY on September 9, 2002, read “Violent Crime Sees Steady Drop: U.S. Rate Its Lowest Level Since 1973”; so violent crime is down; and there is no huge violent crime wave. He noted with increased population are increased problems; the Board has increased the Sheriff’s budget every year; when he sees a report like the headline in Florida TODAY, he has to think about where the County is going next and why are 20 additional deputies needed; and his job is to say if the Board can afford it, it will help the Sheriff’s Office. He stated the County may not be able to afford everything at once, but can try to help attain the goals across time; one suggestion could include a hiring freeze for four or five months; the Board can say no to a lot of other increases; and it has a 7% increase in its revenues.

Commissioner Higgs requested staff address the issue of the revenue increases Commissioner O’Brien is talking about, the services that are going to be a part of the budget if it is approved in its current form, and the projections in regard to budget and revenue.

County Manager Tom Jenkins stated there have been some increases in ad valorem revenues; however, there have also been some decreases versus budgeted revenues in other areas; some of the gain the County has acquired has been lost in other areas; and the Jail Medical Contract to provide medical services to inmates over a two-year period has increased $1.2 million, which is an additional built-in increase. He noted the County was getting an extraordinary value before; the company was losing money and said it was not going to provide the services for that price anymore; there was a RFP; and this is the best price that was received. He stated one of the things the Board has done successfully over the years is to insure that health insurance for employees is funded adequately; the School Board has had serious problems as it has had shortfalls in its employees’ health insurance; the County has not experienced that; and for the current year and for next year’s proposed health insurance, it is increasing the County contribution 12% and asking employees to pick up an additional 12% in their health insurance. Mr. Jenkins noted the County has attempted to give its employees a cost of living salary adjustment; there are some significant costs associated with it; the Board has indicated during the year that community safety is a high priority; and it has additional funding for six deputies and two support positions to investigate terrorism threats in Brevard County. He stated following the September 11th terrorism acts, both federal and State law enforcement officials are relying on local police agencies to assist them in the monitoring of terrorism threats; Brevard County is also home to two major federal installations that require additional time and attention from law enforcement; due to the increase in the number of bomb threats, the Bomb Squad has been increased from one deputy to three additional deputies to cover the County; and it was done during the course of the current year and has to be continued for next year. Mr. Jenkins noted the County has provided grant match funding for 10 additional road patrol deputies; the Sheriff is also asking the Board to try to find funding for an additional 10 deputies; many of the squad cars are three, four, and five years old; the County has replacement and new vehicles also funded, not to the extent the Sheriff requested, but what the County could afford; and during the current year, the Board requested additional funding to provide mental health treatment to inmates at the Jail. He stated many of the inmates are there because of mental illness, as well as alcohol and drug abuse; this additional treatment was recommended by a local citizens advisory group on mental health issues; so it is an additional funding cost. Mr. Jenkins noted at the recommendation of another citizens panel, the County provided modest funding for additional juvenile crime prevention programs in order to provide new pilot programs to reduce juvenile crime; there is another pilot project in the budget, which was also recommended by a citizens committee on elderly affairs to create a program to reduce the number of elderly residents having to leave their homes to enter nursing homes; the County had to increase the funding to parks and recreation by $2 million for operation and maintenance of existing parks, as well as the golf courses; and the cost of justice is continuing to increase. He stated the cost of supporting the court system has increased; there are 14 additional positions that have been funded in the County court operations of the Clerk’s Office; the County is in the process of adding four courtrooms to the Harry T. and Harriette V. Moore Justice Center; so it is having to pick up increased debt service for expansion of the Courthouse. He noted the County was able to take an existing position in the County and reassign it to provide a staff person to work with the Historical Preservation Program; there are a number of goals and objectives in the County’s Comprehensive Plan; as it relates to historical preservation, the County had not been able to make any headway on it; and by reassigning an existing employee, it is able to make significant progress in those areas.

Mr. Jenkins stated overall, the Board has had the difficult task of weighing the importance of these needs against the 2.82% increase over the current tax rate; there is a lot of detail in a budget of this complexity; but that is an overview in terms of what is being funded in addition in the budget.

Commissioner Higgs inquired how much is the 12% increase in the cost of health care insurance; with Budget Director Dennis Rogero responding approximately $4 million for the County and about $2 million for the General Fund. Commissioner Higgs inquired about the cost on property insurance; with Mr. Rogero responding $500,000 to $700,000 for the General Fund.

Commissioner Carlson stated Commissioner O’Brien mentioned increases in taxes are a combination of the millage rate and assessment values; throughout the last six months, she has received question marks in regard to the methodologies used in terms of determining assessed value, how they increase over time, and how they eventually start taxing people out of their homes; and even though the County has been lucky enough to have four out of the five years with a reduction in taxes, she has an issue with the different types of formulas that the Property Appraiser can use to assess properties. She noted it is a subjective perspective as it is laid out in the TRIM notices; it talks about how values can be assessed and reassessed; the subjectivity is one that concerns her; and although the Board does not have legal grounds to comment on it, people have questions when their taxes over a five-year period increase 200%. Commissioner Carlson stated many of the individuals are retired, on a fixed income, and living in a nice area where there are new homes being built in the $1 million range and they are still living in a $50,000 home; they are being taxed out of existence; the County has to consider the combination and multiplier effect the millage rate has on the assessed value; and there are different ways of attacking the assessed value issue. She noted hopefully the Board will get answers when the issue is discussed further; she brought to staff the Sterling Award process, which Jacksonville used very effectively; it is a process for organizational excellence and performance; normally it is applied to businesses; but it can be applied to government. She stated Jacksonville showed how it was successful at becoming more cost effective using the strategic planning and prioritization planning; the County did it for the first time this year and did a great job; all the departments had a strategy of what were the important issues and what things needed to be reviewed based on input from the community; and the departments based it on outcomes and performance measurements that are critical to determine how cost effective the County was going to be with its budget. Commissioner Carlson stated the priorities were included in the strategic planning effort; the County is spending its dollars on such priorities which are clear; the priorities need to be long-term and cannot be short-sighted; the County needs to look into the future; and that is what has been done. She noted for the first time it has a Capital Improvements Program (CIP) attached to the budget process; she feels comfortable with what the Board is doing today in terms of looking at the meager increases; but she is not opposed to looking at where it can cut to make the increase if it is needed; such increase needs to be as small as possible because of the multiplier effect with the assessments; and the County needs to start with some of the Charter Offices.

Commissioner O’Brien stated the population increase in Brevard County in the year 2000 was .46%; such increase in 2001 was 2.8%; however, the attributable increases in property value to new construction was $3 billion between the years 2000 and 2002, for an increase of 3.92% in new construction and 3.51% increased value attributed to increased values by the Property Appraiser; and combined, it is close to 8%. He noted the County has experienced a 3.1% increase in population and a 7% increase in taxable income to it. Mr. Jenkins stated per capita spending adjusted for inflation is fairly flat. Commissioner O’Brien noted it has been flat across all the years the Board has not increased taxes as well.

Chairman Scarborough stated the millage is created by the Board; there are also millages for cities and the St. Johns River Water Management District; the assessed value is the value that is set on property; and when taking the whole assessed value of the County, the Board is required to go to rollback. He noted without the new construction Commissioner O’Brien referred to that adds additional income, the Board has to roll it back to where the income is exactly the same; to do that it starts with the roll back millage; the millage, with the increase in values, is going down so the taxes would not change; however, if someone’s taxes increased 300%, it was an increase but perhaps somebody else’s was much less; and overall, they are paying a larger portion of the entire amount. Chairman Scarborough stated the Board is in the process of looking at a budget; it has been discussed for approximately six months; a dynamic discussion is going to take place with the three attorneys; and encouraged Commissioner O’Brien to continue his efforts in all ways to see where budget cuts could occur. He noted if the County Attorney is correct in the interpretation and the County could look at any ways to capture the $750,000 for the Sheriff, it needs to look for such opportunity; there are still two weeks to review the issues; Mr. Ellis made a good comment that if the opinion comes back with a determination that legally the Board should not be receiving an additional $6 million or $7 million, everyone should be put on red alert that the budget could need a massive cut in the last couple of days; and it would impact Constitutional Officers and outside agencies. Chairman Scarborough stated at this time it would be best to move the budget forward with an understanding it is a dynamic environment at this time.

Commissioner O’Brien inquired why the Board does not go forward with roll back tonight. Chairman Scarborough responded it needs to ask what are the impacts of what is going to happen with the three-attorney panel; he does not know what is going to happen in the next couple of weeks; there are some mandated costs that are going to be hitting the County heavily also; and the question becomes who gets hurt. Commissioner O’Brien noted the taxpayer gets hurt by increased taxes. Chairman Scarborough stated there would be job freezes in the County, less hours for libraries, employees without wage increases, and increased costs on insurance for employees; it is not going to be a fun world if the County goes to what Commissioner O’Brien is suggesting; and he does not plan to close Brevard County down. Commissioner O’Brien noted no tax increase is going to close the County down.

Commissioner Higgs stated there was discussion about a 2.8% increase; the County was looking at a 3% increase over this year’s millage as a possibility; the actual CPI is around 1.8%; the calculation of the CPI is a different figure than the Board had been discussing a number of times; so the 1.8% CPI is an important figure to look at. She noted she is going to look at what the attorneys tell the Board; she wants people to understand the built-in increases; even if there is $7 million in new construction revenue from ad valorem taxes, there is $1.2 million fixed costs in health care at the jail and close to $2 million in General Fund health care increased costs; and the total is $3.2 million. She noted also added is between $500,000 to $750,000 on property insurance; the cost for parks and recreation maintenance is $2 million; the request from the Clerk is $500,000 for court costs; and the County is close to $7 million. She stated that gives no cost of living increases and none of the other things the Board is talking about; everyone appreciates that the County has put on board resource officers in the schools; it has also put on board agents who are going to be doing critical security work; it needs to continue funding them through the year; and there are some costs that are there that the Board needs to figure out a way to pay for. Commissioner Higgs noted the Board needs to go on with its budget discussions; it has to take action tonight with some legal issues that are a part of the budget process; it can go forward, but it has to work to bring some of these down to look at the CPI and to fund the built-in costs; and she is committed to the 10 road deputies. She stated she would love to find a way to go with the additional 10 deputies; it is not good to have deputies with old radios and parts are not available for them; the County cannot have deputies on the road without cars that run; and it has essential things it needs to review in terms of public health and safety. Commissioner Higgs stated the County has also built in critical things in the Public Safety budget; there is not anybody who does not want the health/safety personnel there when they need them; she does not want to be the one responsible for not having them there; and the Board needs to move forward with the budget cautiously. She noted everybody needs to be ready to suggest ways to trim the budget significantly if the County has to; it can move forward carefully and look to the law; it needs to be on as clear a ground as it can with the CAPIT; people are raising the issue; and she wants to have clarity. Commissioner Higgs stated she is going forward cautiously and recognizing that the Board may have to some tough work in the next couple weeks.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt tentative millages for FY 2002-2003, for County Agencies, Charter Officers, and Dependent Special Districts, as follows:

General Fund 4.4495 mills
Library District 0.7304 mill
Mosquito Control District 0.2011 mill
Fire Control MSTU 2.2035 mills
Recreation District 1 MSTU 0.6571 mill
Recreation District 4 0.6207 mill
TICO Airport Authority 0.0223 mill
Law Enforcement MSTU 1.2097 mills
Road and Bridge District 1 MSTU 0.7392 mill
Road and Bridge District 2 MSTU 0.3629 mill
Road and Bridge District 3 MSTU 0.5573 mill
Road and Bridge District 4 MSTU 0.4453 mill
Road and Bridge District 5 MSTU 0.6331 mill
Road and Bridge District 4 N. Bchs. MSTU 0.5042 mill
Road and Bridge District 4 So. MI MSTU 0.1871 mill
Merritt Island Recreation MSTU 0.0959 mill
S. Brevard Special Recreation District 0.0967 mill
Environmental Endangered Lands 0.2500 mill
Beach and Riverfront Acquisition 0.2085 mill
Port St. John/Canaveral Groves 0.9000 mill
Recreation Facilities MSTU
N. Brevard Special Recreation District 0.8000 mill
Merritt Island Recreation MSTU 0.7041 mill
S. Brevard Special Recreation District 0.5033 mill

Motion carried and ordered; Commissioners O’Brien and Colon voted nay.

Commissioner Higgs inquired where Commissioner Colon wants to go in regard to this; stated she knows where Commissioner O’Brien is; and if the Board is going to get some consensus, she would like Commissioner Colon to help her understand where she is with the budget.

Commissioner Colon responded in regard to the legality, there is too much there; she has shared with Mr. Jenkins and the Budget Office staff her issues with Road and Bridge Department and the decisions that have taken place in the last five years with dipping into the reserves of the Local Option Gas Tax; there are also legal issues concerning the Property Appraiser; it is complex; and she would not mind supporting a budget, but she will not be approving a budget where major decisions have to be made within two weeks. She noted she would feel more comfortable not going there; the County would not be transferring the $5 million of reserves into the Road and Bridge area; she cannot take back what has been done in the last five years; and she supports impact fees. Commissioner Colon stated she is not comfortable supporting this year’s budget; her vote is no; and the Board is not going to be able to change her mind on this one as there is a lot more to it than some of the things that have been discussed today.

PUBLIC HEARING, RE: ANNOUNCEMENT OF RECOMPUTED FY 2002-2003 AGGREGATE
TENTATIVE MILLAGE

Chairman Scarborough called for the public hearing to consider the recomputed FY 2002-2003 aggregate tentative millage.

Budget Director Dennis Rogero advised the FY 2002-2003 aggregate rolled back rate is 6.9549 mills, and the FY 2002-2003 aggregate tentative rate is 7.4026 mills, which represents a 2.82% increase over the FY 2001-2002 aggregate rate and a 6.44% increase over the FY 2002-2003 aggregate rolled back rate.

There were no comments or objections heard.

PUBLIC HEARING, RE: TENTATIVE APPROVAL OF BUDGET FOR FY 2002-2003

Chairman Scarborough called for the public hearing to consider tentative approval of the County’s FY 2002-2003 budget for County agencies, Charter Officers, and Dependent Special Districts.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to grant tentative approval of the County’s FY 2002-2003 budget for County Agencies at $602,387,895; Charter Officers at $93,894,885; and Dependent Special Districts at $42,432,065. Motion carried and ordered; Commissioners O’Brien and Colon voted nay.

Commissioner Higgs requested the County Manager explain the funding issue for Road and Bridge and the transfer reserves to help her understand how it fits into this year’s budget, the Road and Bridge budget, and the gas tax issues.

County Manager Tom Jenkins advised staff provided a memorandum to the Board recently on the subject; the County is using Road and Bridge gas tax to fund Road and Bridge operations; and it is also using it for other things, such as SCAT and sidewalks. Commissioner Higgs stated the Board has used gas tax for Road and Bridge operations for a couple of years now; it is consistent with what most of the cities use; and inquired what is the issue with the reserve. Mr. Jenkins responded staff has provided an accounting of the money; the County is spending down the gas tax for that purpose; the Board has a report that shows specifically the data; and staff will get the memorandum and review it with Commissioner Higgs.

PUBLIC HEARING, RE: ADOPTION OF FINAL FY 2002-2003 BUDGETS

Chairman Scarborough called for the public hearing to consider adoption of final FY 2002-2003 budgets for Solid Waste Management Department, Regional Stormwater Utility Department, Emergency Medical Services, and Melbourne-Tillman Water Control District.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt the final budgets for Solid Waste Management Department at $79,242,444; Regional Stormwater Utility Department at $12,387,186; Emergency Medical Services at $17,506,715; and Melbourne-Tillman Water Control District at $1,557,289. Motion carried and ordered unanimously.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution to adopt a final operating budget for the Melbourne-Tillman Water Control District pursuant to Chapters 165 and 200, Florida Statutes, authorizing the Board of County Commissioners to adopt the final budget for Fiscal Year 2002-2003; and providing for an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 02-209.)

PUBLIC HEARING, RE: RESOLUTION ADOPTING FY 2002-2003 USER FEES FOR
MELBOURNE-TILLMAN WATER CONTROL DISTRICT

Chairman Scarborough called for the public hearing to consider a resolution adopting FY 2002-2003 user fees for Melbourne-Tillman Water Control District.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution to authorize and adopt user fees pursuant to Chapter 86-418, Florida Statutes, authorizing the Board of the Melbourne-Tillman Water Control District to levy user fees for Fiscal Year 2002-2003; and providing for an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 02-210.)

PUBLIC HEARING, RE: RESOLUTION RATIFYING AND CONFIRMING ANNUAL
STORMWATER UTILITY SPECIAL ASSESSMENT ROLL FOR FY 2002-2003

Chairman Scarborough called for the public hearing to consider a resolution ratifying and confirming the annual Stormwater Utility Special Assessment Roll to the Tax Collector for FY 2002-2003.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution ratifying and certifying the annual Stormwater Utility Special Assessment Roll to the Tax Collector for fiscal year beginning October 1, 2002 and adopting the Regional Stormwater Utility Budget for FY 2002-2003. Motion carried and ordered unanimously. (See page for Resolution No. 02-211.)

PUBLIC HEARING, RE: RESOLUTION RATIFYING AND CONFIRMING ANNUAL
EMERGENCY MEDICAL SERVICES SPECIAL ASSESSMENT ROLL FOR
FY 2002-2003

Chairman Scarborough called for the public hearing to consider a resolution ratifying and confirming the annual Emergency Medical Services Special Assessment Roll for FY 2002-2003.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution ratifying and confirming the Emergency Medical Services Special Assessment Roll to the Tax Collector for fiscal year beginning October 1, 2002. Motion carried and ordered unanimously. (See page for Resolution No. 02-212.)

ADDITIONAL COMPENSATION FOR BOND AND DISCLOSURE COUNSEL, RE: UTILITY
REVENUE REFUNDING BONDS, SERIES 2002

Assistant County Manager Stockton Whitten stated there is a request from Bond and Disclosure Counsel for additional compensation for additional work and potential liability associated with the Utility Revenue Refunding Bonds, Series 2002; the additional request in terms of the workload is outlined in the Agenda Report; the Bond Counsel is requesting approximately $17,000 in additional fees; and Disclosure Counsel is requesting approximately $19,000 in additional fees. He noted all the costs would be rolled into the closing and issuance cost of the bonds; and the savings realized on September 5, 2002 was $3.3 million, which is a percentage savings of 5.79%.

Commissioner O’Brien inquired where is the County going to spend the savings; with County Manager Tom Jenkins responding Richard Martens will be bringing the Board a report.

Chairman Scarborough inquired what efforts were made to find whether or not the rates were reasonable and fair. Mr. Whitten responded there was a range of fees for bond and disclosure counsel; and such fees fit within the range of the proposed fees.

Mr. Jenkins stated it is his understanding this was a unique transaction; and two closings are required which doubles the work.

County Attorney Scott Knox noted he checked with other firms; the fees are within the high end of the range; but they are still within the range that one would expect to pay for this type of transaction; and the reason the County is paying extra fees is due to an extra closing. He stated they try to tie the rates down at today’s market rates as the bonds cannot be refunded by law and bond covenants until sometime in the future; and they are trying to get the rates fixed for today.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve additional compensation for Bond and Disclosure Counsels due to additional work and potential liability associated with a forward refunding transaction for Utility Revenue Refunding Bonds, Series 2002. Motion carried and ordered unanimously.

DISCUSSION, RE: FINAL BUDGET HEARING

Commissioner Higgs stated the final budget hearing is on September 26, 2002; the Board has meetings on September 17 and 24, 2002; staff may need to shift some of the business on September 24, 2002 so the Board can have a workshop in the afternoon to talk about the budget further; and staff needs to understand that the Board may want to do that to be sure there is some level of clarification by September 26, 2002.

Chairman Scarborough stated if the Board plans on cutting $6 million or $7 million from the budget, he wants to make sure it is fully engaged in that dialogue; he understands it is difficult to do it in a short period of time; but it should be involved in the discussions on what cuts are made and where.

Commissioner Higgs inquired does that mean staff may call a workshop or some other mechanism; with Chairman Scarborough responding affirmatively.

Upon motion and vote, the meeting adjourned at 9:35 p.m.

ATTEST: __________________________________
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

_____________________
SCOTT ELLIS, CLERK

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