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

September 26, 2002

The Board of County Commissioners of Brevard County, Florida, met in special session on September 26, 2002, at 5:34 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.

The Invocation was given by Commissioner Jackie Colon, District 5.

Commissioner Susan Carlson led the assembly in the Pledge of Allegiance.

REPORT, RE: CAP-IT

County Attorney Scott Knox advised several weeks ago the Board passed a tentative budget, which set its revenues at a certain level; and subsequent to that action, the Clerk of the Circuit Courts sent a memorandum to the Board indicating that if it were to abide by the Charter provisions dealing with the limitations on how much it can increase revenues, it would have to cut $6.9 million from its budget. He stated the Charter provision is called “cap-it”; and in response to the Clerk’s memorandum, the Board retained a panel of three lawyers to look at the cap-it Charter provision to determine whether or not it was valid, or whether the Clerk’s interpretation was correct. He stated that panel of lawyers looked at the provisions, heard from the County, Clerk, and Property Appraiser, and ultimately decided, though they did not think it was a valid provision under Florida law, that it had to be presumed to be correct until a judge decided it is not correct; consequently, they agreed with the Property Appraiser and Clerk’s interpretation of cap-it. He stated based on that recommendation, the Board would have to cut $6.9 million from its budget; but subsequent to that decision, a lawsuit was filed by several taxpayer plaintiffs yesterday; and they requested the Circuit Court to hold an emergency hearing so they could ask for an injunction to prevent the Board from considering the cap-it Amendment in considering its budget. He stated that hearing was held this morning at 10:30 a.m. in front of Judge Jacobus; the judge entered a temporary restraining order, which prohibits the Board from considering the cap-it Amendment in setting its budget, which leaves the Board in the position of determining the budget based upon the General Law of the State of Florida governing county budgets, which are Chapters 129 and 200. He stated the Board’s legal posture tonight is to determine the budget decision it is going to make based on Chapter 200, which says it can set its budget as it sees fit; and under the current circumstances that would mean it has to set it somewhere at the tentative millage or below that, depending on where it wants to come out.

Chairman Scarborough advised there is a sequence of laws the Board is required to follow, which he will follow; there is a moment when it will take comments from the community; he has 40 cards, and probably more; so he will poll the Board as to its intentions of how to deal with the cap-it matter. He stated if almost $7 million in cuts is to be discussed, the Board could be here until the wee hours of the morning with massive discussions; having that legal requirement removed, it becomes the discretion of the Board; and inquired whether the Commissioners wished to do any cuts in individual programs so people in the audience who would not be impacted could return to their families and not be held up all evening.

ANNOUNCEMENT, RE: PERCENTAGE CHANGE IN AGGREGATE MILLAGE FROM
AGGREGATE ROLLED BACK RATE

Chairman Scarborough advised before hearing comments from the public or discussion by the Board, the Budget Office will announce the aggregate millage necessary to fund the tentative budget for fiscal year 2002-03 and the amount the millage has changed from the aggregate rolled back millage and aggregate current rate.

Budget Director Dennis Rogero advised the fiscal year 2002-03 aggregate rolled-back millage rate is 6.9549 mills; the aggregate tentative millage rate is 7.4026 mills; and that represents a 6.44% percentage change from the aggregate rolled-back rate and 2.82% percentage change from the aggregate current rate.

PUBLIC HEARING, RE: FY 2002-03 TENTATIVE COUNTY BUDGET

Chairman Scarborough advised next on the Agenda is the public hearing that would include public comments and concerns; and before doing that, he would like to know if there are individual items the Commissioners wish to cut; and if so, which ones, so they can be tagged for discussion.

Commissioner O'Brien advised the citizens of Brevard County passed cap-it by 80% of the registered voters and said they want government to control spending by not being able to raise taxes more than the CPI or 3%; they said it very strongly and meant what they said; they do not want the Board to raise their taxes more than the increase in revenues it already has, which already exceeds the CPI; and that is the voice of the people to the Board. He stated sitting before the Board tonight are people who are going to say save their budgets, save their money, do not cut our programs, and everything else; he can understand that; but it is the Board’s responsibility to abide by what the people they represent said; and that is not to raise their taxes if the revenues it is receiving already can compensate for the CPI increase. Commissioner O'Brien advised new construction, increased appraised values, and other sources increase revenues coming to the County by millions of dollars; Mr. Jenkins’ report to the Board point out that in addition to last year’s money, revenues being brought in from new construction is $3 million; and 2.8% increase in the current millage will net $9 million. He stated franchise increase is half a million; State revenues returned to the County is $2.45 million; property tax is 22% of the total budget; and it behooves the Board to be very cautious and do the will of the people who voted strongly that they want the Board to abide by cap-it. He stated the three-lawyer panel said that is what cap-it meant; whether it is constitutional or not is not the question; the Board represents the people; and those people gave the Board a very strong message. Commissioner O'Brien stated it could have been a straw ballot that said the same thing; and to sit here tonight and not pay attention to what the people told the Board would be treating those people unfairly because they said they do not want the Board to raise taxes. He stated the Board has a list from the County Manager about things that possibly could be cut; they have Plan A and Plan B; he does not agree with the entire Plans; however, at the top of the list is the most expensive item; and that is ten road deputies for the Sheriff’s Office. He recommended cutting the road deputies to five this year and five next year to reduce $889,000 to $445,000; and not expand hours at Suntree-Viera Library and Port St. John Library to save $100,000. He stated reducing media costs by 9.6% or $224,000, leaving the training coordinator position vacant for $43,000, eliminating $10,000 from the Law Library for books, eliminating the genealogy position at $35,000, reducing community based grants by $100,000, and eliminating the Juvenile Assessment Center and Sheriff’s security at $234,000 should be given serious consideration by the Board because the function of those centers has come under serious question, not only in Brevard County, but elsewhere in the State. He suggested leaving the youth coordinator position in Parks and Recreation for $42,000 and the Agriculture and Extension Service marine science agent for $55,000 vacant, and eliminating criminal justice officer position at $40,000, a zoning technician at $35,000, and a clerk for the special master at $27,000. He recommended reducing operating expenses for judicial services by $53,000, and one Assistant County Manager at $30,000; and inquired what else would the Board find that is not mentioned on the list if it were to look at reductions in operations. Commissioner O'Brien stated he has many friends in the BCA, but the Board should reduce that budget by $75,000 and $150,000 from the CBO’s, which was increased $225,000 four years ago; that is money given away to community organizations; and the Board needs to be careful with essential services, such as Mosquito Control, because of the West Nile problem nationwide. He stated one item he does not understand is reducing $150,000 for electricity in the Facilities Department budget; and inquired what does that mean; with County Manager Tom Jenkins responding those are accounts based on projections, and staff tightened the projections. Commissioner O'Brien stated if they can reduce the cost of electricity, eliminate the program change and hours of operation and expansion, it would save $100,000; and elimination of the Contract with Central Brevard Humane Society would save another $100,000. He noted all those things amount to approximately $2.58 million in cuts; and suggested the Board consider those cuts at this time.

Commissioner Colon stated she wants to stay focused on exactly what the Board is going to do; and inquired if it is going to discuss Plan A or Plan B. She stated when the three attorneys interpreted that the Board is supposed to apply the cap-it formula on Wednesday, that was the route the Board was going, so it was respecting the wishes of the citizens; and inquired what are the ramifications of going against the order that was given to the Board by the judge. Mr. Knox stated that is generally called contempt of court. Commissioner Colon inquired where does the Board go from here, is it going that route or not, and if it does, what would the Board like to do; with Chairman Scarborough responding Commissioner O'Brien led off with a number of items; if the Board is going to get into the items, the last thing he wants to do is excuse people and then find that their particular item came up for discussion; so if the Board is going to get into those, he is inclined to go ahead and listen to everybody unless there is consensus on the Board to do otherwise.

Commissioner O'Brien stated the judge said there is injunctive relief, and the Board does not have to cut its budget by $6 million; but if another judge overrules him later, and the Board does not have that $6 million in escrow, it will have a serious problem. He stated the Board should abide by cap-it; if in future years the Board finds that cap-it is unconstitutional, it would not have to abide by it; but to continue to ignore cap-it now could be very chancy.

Chairman Scarborough stated the Board was instructed by the court to ignore cap-it; and he plans to comply with the court. Commissioner Carlson stated she intends to comply with the court order also; and inquired, in terms of the arguments that were given at the hearing on the basis of constitutionality, and the court cases that have already been proven, could Mr. Knox explain briefly what those cases were.

County Attorney Scott Knox advised the complaint had a copy of the three-lawyer panel’s opinion attached to it that examined the constitutional issue; and there were four cases discussed in that opinion that deal with caps on millages and revenues imposed by ordinances, charter provisions, and different ways counties try to impose caps. He stated in every instance, the courts, from the Supreme Court down to the District Courts, have held them to be unconstitutional because they were inconsistent with General Law that applies to all counties and cities in the State. He stated the basic thrust of the argument is that a specific county cannot change the general way it budgets just because it wants to do something different. He stated the Constitution does not allow the Board to do that; it has to be consistent with General Law; consequently, when those kinds of provisions are enacted by charters and ordinances the courts say they are inconsistent with General Law and therefore unconstitutional.

Commissioner O'Brien stated constitutionality is not the question; it has to do with the constituents who put them in office and told them via referendum how they want them to behave; and the Board has an inherent responsibility to behave the way the people told it to behave. He stated the Board should not argue constitutionality because that is not the point; cap-it was approved by 80% of the voters, which is overwhelming; and they said they wanted the Board to abide by that behavior. He stated the Board should not sit here and say that is what the people said, but the Board does not care because it is not constitutional; the point is the people told the Board what to do and elected them to do it; so it should do what the majority of the people of Brevard County want it to do.

Commissioner Higgs stated when the Board first talked about the budget, it tried to focus on the quality of life, critical health, safety, and welfare issues, and how it would provide that within the budget; its ability to do that has been affected by the changes that have gone on in the country and the world over the last year; the Board has seen the impact the events of September 11 had on the community; each person has felt the changes in their own lives that were brought about by that tragedy; so the Board wanted to ensure the quality of life in the community as well as the health and safety of its citizens. Commissioner Higgs stated within the proposal from the County Manager, Plan B allows 1.8% increase of the millage rate; the Board can do that and also be straightforward with the people; and it will allow some increase in revenues to fund essential services. She stated there are some things in that Plan she wants to discuss and amend, but her target is to keep it within the CPI; 1.8% increase over the millage is a fair thing to look at; it is something the Board can control; and it cannot control property values, but it can control the millage rate and spending of the County. Commissioner Higgs advised over the years she has been on the Board, she has not voted for a millage rate increase; the Board has been able to adequately fund government services and programs without an increase; and this year, given the circumstances in the community and the world, the Board needs to consider only a 1.8% increase. She stated that is where she would like to see the discussion go.

Chairman Scarborough stated under the circumstances, it will be important to go with the public comments because there is a variety of opinions on the Board, so he will call the Sheriff first. Commissioner Higgs stated Chairman Scarborough asked each Commissioner to lend him their thoughts, and they would also like to hear his thoughts.

Chairman Scarborough stated to get into discussions at this late hour is going to be difficult; there is a concept to close the North Brevard Animal Shelter; and it is going to cost more and be a tremendous inconvenience not having animals located close to where they are being picked up and where people can go to see them. He stated the Board does not have complete information because it asked for a lot of information in a hurry; the first memo was totally inadequate; there are a number of things that are far amiss in analyzing the impacts; the Board could cut budgets and find it costs more in another place; and if it does that, it may move back by a measure that would take five to ten years to catch up, which would be a tragic thing for the Board to do when it is not compelled to do it. He stated he is willing to discuss the cuts throughout the budget item-by-item and those that can go forward to next year; but to go through a lengthy discussion tonight would be unfair to the people who were noticed of the problem today and for staff to put the numbers together. He stated that is not good government; and he does not plan to participate in an irresponsible government.

Sheriff Philip Williams stated this is an unusual time in the budget process; they began the process in May and proceeded on a path with the understanding of the rules of the game; the rules of the game, to his understanding, are the same as they have been for the past few years, and that is they have cap-it at either 3% or the CPI, whichever is less; they can include in their revenues the cash forward that were not spent and add that to the taxes for next year, then multiply it by the lesser of 3% or the CPI. He stated it may be somewhat fuzzy because his specialty is not the budget from the County’s perspective; but in the 11th hour of the process, to have the rules of the game changed, is a horrible and irresponsible position to take. He stated if they are wrong, then they should set the record straight and do it right. Sheriff Williams stated Commissioner O'Brien has opined that the will of the people was loudly heard at 80% support of cap-it; he assumes the good people of the County, including himself, assumed when they voted on an issue or change to a miniature constitution, which is what the Charter is, that it was done appropriately and was constitutional; however, it was not and has never been, yet the County has pretended that it was. He stated there is an overwhelming amount of legal authority that shows the cap-it is unconstitutional; it has been in existence longer than he was in first grade; they have ruled on this issue, yet Brevard County went forward and pretended that cap-it was constitutional; and the judge today had to make a decision if it is reasonably likely that the plaintiff, of whom he is one, would prevail because it looks, to put it in the vernacular, like a sure-fire winner that cap-it is identical to those that were overturned. He stated they should get real about the process and do it right; and they owe it to the people, their constituents. Sheriff Williams stated he certified a budget to the Board containing things they need for the next year as best as they could project to adequately protect the County; every Department in the County has also done that; and if the Board is looking for guidance, it has guidance from the court. He stated in this day and age, to consider reduction in services to the community that are an essential obligation of government, the health, safety, and welfare of the citizens, is the wrong road to go on; and it is not as simple as if a mistake made can be fixed next year. He stated if he and his Department, Fire Rescue, Mosquito Control, and others make a mistake somebody dies; they play big stakes poker; somebody’s life is at stake; and asked the Board to keep that in mind when it makes a decision. He stated the people of this County, when they enacted the Charter, believed they were doing something constitutional; and if they were told they made a mistake, they would want to go back and fix it at some other time and not proceed and magnify and repeat the mistakes of yesterday.

Sharon Neal of NAMI advised she has a son who is mentally-ill and heard from many families about the forensic unit at Sharpes; they have always received good care and are safe there; and she wants mentally-ill people to be safe. She requested the Board not cut back on mental health services in the County jail; and stated if cuts are necessary, they should be made where human lives are not involved.

Marion Denton of NAMI advised she is a mother of a mentally-ill son; he has been in forensics in Sharpes and always had good care and has been safe; and if the mentally-ill are put in the general population, there will be many problems that will need more money to fix that do not exist at this time. She stated if the Board must cut the budget, it should cut programs that do not deal with human life; and requested the Board not go back to the dark ages, eliminate less important programs, and keep forensics in Sharpes to protect the mentally-ill. She requested the Board put people first so they all can sleep better.

Chairman Scarborough stated his problem is the Board is divided and he finds it difficult not to get everybody’s comments in before the Board discusses the budget. He stated there are not enough votes to pass the budget intact; his concern is getting into things and pulling things out for discussion when the group concerned with a certain item has left; and that is not the way to do it, so he would like to have everybody’s comments on the record if the Board is going to talk about doing any cuts. Commissioner Higgs inquired if the cuts are beyond what Mr. Jenkins presented; with Chairman Scarborough responding if the Board passes the tentative budget intact, it can do that and everybody will be happy; but if it gets into discussion about Plan A or Plan B, and other items, the people have a right to comment before the Board cuts their programs. He stated they went out of their way to be here with a great deal of inconvenience; Mr. Simon had a political forum and is running for reelection, but he found this more important than his reelection; so he does not want to tell Mr. Simon it is okay and find out he wasted both sides of his evening.

Commissioner Higgs stated she wants to hear everyone’s comments; and if people have an interest in knowing where the Board is and what its thinking is, it may be helpful to share that.

She stated she has no intention of voting to cut forensic funds; that is one program suggested in Plan A; but she does not know where anyone else is on that item. She stated Commissioner O'Brien talked about cutting $2.5 million; so, it may be necessary to hear the people’s comments and for them to know where the Commissioners are on the issues.

Commissioner Carlson stated what concerns her is, because the different plans were put together basically overnight, the impact of some of the cuts in Plan B, which would be the 1.8% increase over the 2001-02 millage, may have repercussions or unintended consequences that have not been thought through; they may be issues the Board should think about in terms of cutting; and she has a significant problem with some of the things in the Plan. She stated some of the detail that has come in front of the Board, because of this exercise, has been eye-opening in terms of cost of doing business and fee structures where the Board can pick up a lot of dollars and make Departments not have to deal with General Funds; but she is concerned that there may not be enough money, based on what she sees, to give the Sheriff ten additional road deputies. Commissioner Carlson stated there is a grant for $1.5 million; the Board needs to find the money to help fund some of those deputies that are needed; and she has a real issue with that. She stated should the Board stop the service complex and get a million dollars that way is a good question; is that going to cost more in the long run, she does not know; but that might be a good place to start. She stated there are a lot of calculations and possibilities that the Board may be able to get through sufficiently if it had more time; but unless it can come up with a couple of different changes, she has a hard time going with anything that is not what the Board already passed. She stated she is willing to look at it and to look at cuts to Charter Officers, the Clerk’s Office, and the Property Appraiser’s Office; there are memos in the package that have a lot of significance that could save a lot of money and possibly get the road deputies; and she is very willing to look at those.

Commissioner Colon stated on September 11, 2002, when the Board passed the tentative budget, it was a three-to-two vote; she had her reasons why she did not support the budget; she has not slept for two days; it is like asking a mother who has two children drowning which one she would save; and that is the position the Board has been put in. She stated it is a position she has never been in as an elected official in the last eight years and do not intend to be put in that position this evening; she will vote her conscience; and if the Board wants to move forward with the budget it proposed on September 11, she will support it.

Chairman Scarborough inquired if Commissioner Carlson supports the tentative budget. He stated the Board is always obligated to save costs and money, but when it does, it needs to go to the people who are affected and visit the facilities to understand them; and it is responsible government to make calculated decisions. He stated the Board can cut the budget, and the impacts may not occur this year, but it can occur the next year; but as Commissioner Colon said, the responsible thing to do is approve the tentative budget. Commissioner Carlson stated the only issue she has is getting the matching dollars to get all 20 deputies the Board already approved. Mr. Jenkins stated that funding has not been identified, but staff can find a way to do that. Commissioner Carlson inquired if it is $1.5 million; with Mr. Jenkins responding one of the difficulties in preparing something like a budget in haste unfortunately is that the Budget Office put the numbers together and included the grant dollars; the local match is about $570,000 for ten deputies; and they could get five in October and five in mid-year. He stated they would have to find another $570,000 for the additional ten deputies; and if that is the Board’s desire, staff can work on doing that with the Sheriff’s Office. Chairman Scarborough inquired if they would do that by taking cuts from Plans A or B; with Mr. Jenkins responding there would not be any programming changes that would affect public services. Chairman Scarborough stated his problem is he is in the middle of a public hearing and it is not his desire to say everything is copacetic and have somebody leave; so if there is going to be an impact in any way, they have a right to know. Mr. Jenkins advised they can close the mail center created for the anthrax problem at $45,000, which would not affect anyone. Chairman Scarborough inquired if anyone is interested in preserving the mail center to wave their hand; and no one raised their hand. Mr. Jenkins advised they can distribute a portion of the assistant parks director’s salary to the referendum projects, which he works on almost exclusively, and save $43,000. Chairman Scarborough inquired if anyone had a profound interest in the assistant parks director’s salary; and no hands were raised. Mr. Jenkins advised they can reallocate a records technician’s position from Personnel to Employee Benefits Section, which would free up $43,000 in the General Fund. Chairman Scarborough inquired if there were any comments or objections; and no objections were heard.

Commissioner Higgs inquired how many road deputies were funded in the tentative budget; with Mr. Jenkins responding ten. Commissioner Higgs inquired if the Board is talking about the additional ten deputies, and that it has a problem because it has set a tentative millage and cannot increase that millage; with Mr. Jenkins responding they have to look for ways to move some costs between the MSTU and General Fund for equipment, vehicles, and other items. Commissioner Higgs stated Plan B takes the budget passed on September 11 and decreases it by $1.4 million; and that is the 1.8% millage increase she referred to that she is willing to consider. She stated some items she can endorse, and some could be shifted; and that is $1.4 million and not $6 million decrease that the Board thought it would be looking at. Mr. Jenkins stated they can get there without affecting programs.

Chairman Scarborough recommended Mr. Jenkins identify the changes and let anyone in the audience who has any concerns to comment on it.

Commissioner Carlson stated instead of looking at those things and pulling them out of the air, the Board should look at increasing permit fees to fully cover the costs; and it could take various departments off the General Fund and save a tremendous amount of money. She stated it may not be 100% funded by fees, but Natural Resources, which is going to take 19.5% to offset the General Fund, that is about $100,000. Mr. Jenkins stated according to Land Development, if the fees are increased, it could save a minimum of $225,000, so together with Natural Resources that would be $325,000. Commissioner Carlson stated there is a potential savings of $500,000 just looking at increasing fees and trying to keep Departments self-sufficient. Mr. Jenkins noted it is probably closer to $300,000. Mr. Jenkins stated there are vacant positions they can eliminate that will have no direct significant impact on services; there is an engineer’s position that is vacant, and with benefits it would be $80,000; and the fire facility can be postponed for one year and save $122,000; so that would come close to $500,000 just for those items.

Commissioner Higgs stated staff could shift some General Fund expenses to Tourist Development Council for cultural marketing, saving about $25,000; and there are other programs that could be considered for shifting. She stated the Board should discuss the Juvenile Assessment Center and the totality of the program; and there are new positions that have not been filled.

Chairman Scarborough stated he and Commissioner Colon are willing to take the tentative budget intact with the adjustments to pick up the additional ten deputies; and if there is a consensus of three Commissioners, and it does not deviate from that, he will advise the audience that is the case and everybody will still have an opportunity to comment, but with an understanding that three Commissioners plan to vote the budget intact with internal adjustments that would allow funding 20 deputies that would be partially funded by a grant. Commissioner Carlson stated she is ready to do that but wants to see the ten additional deputies funded and the permitting fees increased. Commissioner Higgs stated she would like to vote with the Board on the budget and work out some of the issues; but she cannot support where it is; there are changes that can be made with reasonable impacts on services she would like to work with the Board on; but if it is committed to the budget as presented, then she cannot support that. Chairman Scarborough stated at this late hour, with this number of people, and with the number of issues, he cannot open it up and keep it neat and pretty. Commissioner Higgs stated democracy is not neat and pretty sometimes. Chairman Scarborough stated neat and pretty occurs in democracy when it is handled in a timely manner over a period of months with full involvement of the community that is adversely affected by the Board’s actions; that is not going to occur this evening; and five minutes before the mike is far from participatory government. Commissioner Higgs stated the kinds of things the Board is talking about are not major cuts to the delivery of services; it can handle those without major impacts; and the Board needs to work on those and has the opportunity to do that. Commissioner Carlson stated she agrees the Board needs to do it, but because of the time frame and pressures it is under, it needs to discuss some of the things at length and do it for the next budget year. She stated philosophically she does not have a problem with the tentative budget because the Board went through that budget and picked it apart; it is a good budget; and by cutting more, it will put itself further behind and will come back asking for the same things again in a piecemeal fashion. Commissioner Carlson stated this way the Board is following the guidance of its strategic planning efforts; the whole idea of having strategic planning on the books is to show what the priorities are and spend dollars wisely and most cost effectively; and the Board can do that with the original budget even though the argument might be that it did not follow the rules. She stated the bottom line is the Board had a good budget to start with; she does not want to have additional increases and wants the Board to take advantage of the grant opportunities; the County gets less than $1 million in grants from the information she was given, which is pathetic; the Board should have millions of dollars in grants, which would double its power to buy; and inquired why does it not have more grant dollars. She stated there are a lot of things the Board should be doing that it is not doing; she is willing to discuss every single one, but when it is down to the wire, they cannot make good decisions that way.

Commissioner Higgs stated the Board has an opportunity to adopt a tentative budget tonight within the constraints that she is willing to support; the Board has several hours tonight, Friday, Saturday, Sunday, and Monday if it wants to go through that length to do it; so it does have time to talk about the issues. She stated it can adopt a tentative budget and work in a more systematic manner that the Board might be comfortable with to get to that figure; and she is ready to support a reasonable increase driven by the needs of the community and enhancement of services.

Commissioner Colon stated on September 11, when the issue was brought up, there were questions asked by Commissioner Higgs how come she was not supporting the budget; it was a budget Commissioner Higgs supported wholeheartedly and felt a lot of work had gone into it; so now she will ask Commissioner Higgs the same question but she does not have to answer it because she did not feel like answering it when she was asked the question, what has changed since September 11 that she feels uncomfortable with the budget she was willing to support and vote for two weeks ago. Commissioner Higgs responded what she indicated is her concern about the safety and welfare of the community; the Board can take care of those concerns with what it adopted then; but there are some additional expenditures that can be cut and would not affect the health, safety, and welfare of the community and would allow the Board to move forward with less tax increase. She stated she is willing to go forward with a 1.8% increase in the millage rate; but she does not think the Board needs to go further than that. She stated there are opportunities to make reductions; and the Board does not have the opportunity to go to the MSTU for additional moneys to fund the deputies because it locked itself in with what it did on September 11. Commissioner Colon stated she is willing to make a motion to go forward with the budget, but wants to make it known that the Board cannot be spending any money after October 1; and Mr. Jenkins needs to be more vocal to make it perfectly clear how painful it was and the decisions that had to be made. She stated she does not intend to be in that position again next year; meetings on the budget should start much earlier, perhaps in March and be finished by August unless there is a reason why it could not be finished by then; and she does not want to be put in the same position they were in this year.

Motion by Commissioner Colon, to move forward with the preliminary budget for FY 2002-03.

Chairman Scarborough advised he cannot accept the motion, but the intent is taken, and Commissioner Carlson’s intent is taken, as well as his; and it appears there are three Commissioners who are going to support the budget intact with some in-house changes to pick up the additional ten deputies.

Commissioner O'Brien stated Commissioner Colon can make a motion to start the budget process in March because there is no motion forward for the budget itself. Chairman Scarborough stated there is a certain script that has to be followed in the budget process according to the law. Commissioner O'Brien stated it is not the budget, but the budget process; and she has the right to make that motion, which he will second. Chairman Scarborough inquired if it can occur out of sequence with the budget discussion; with Mr. Knox responding to adopt the budget, the Board needs to follow the script laid out in Florida Statutes; but if it is talking about the process it is going to use next year, that can be done by motion and accepted. Chairman Scarborough stated he will accept the motion and second to start the budget process in March and end it in August.

Mr. Jenkins advised staff starts the budget process in February each year, but can only go so far until they get revenue estimates from various entities; and while they can have preliminary discussions in March, they can only go so far because they have limited information in March. He stated the departments and Budget Office start in February putting their budgets together; so if the Board is saying it would like to have a workshop in March to discuss the budgets, staff can do that, but there will be a lot of information they will not be able to provide at that time.

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

Chairman Scarborough inquired if Mr. Jenkins needs time to come back with certain numbers, or can he give the audience assurance that it is going to work as essentially outlined; with Mr. Jenkins responding if that is the will of the three Commissioners, the Board can give the audience that assurance that it will not cut programs that would have a significant effect, which will include some revenue adjustments.

Commissioner Higgs advised Commissioner Carlson expressed a willingness to cut the Clerk’s budget by $403,798; and inquired if that is true; with Commissioner Carlson responding yes. Commissioner Higgs stated she would like to discuss that; and that can easily be shifted some way in the General Fund to be able to fund the additional deputy sheriffs. Commissioner Carlson stated she would like to take note of one of the memos the Board received based on the Clerk’s budget, which evidently is different than she has seen it; it is from Elizabeth Swanke, and the bottom line is to achieve a 1.8% increase over the target budget, which was basically where Commissioner Higgs was going. She stated the General Fund transfer to the Clerk would have to be reduced by $871,000, which is different than the $403,000 that is shown in either one of the Plans; and she is not sure what that really means in terms of transfer dollars, but the Board needs to look at everything; however, if it is going to take a lot of discussion on it, she would prefer to go back and come back to it after the fact; and she is willing to do that if the Board can fund the sheriff deputies. Commissioner Higgs stated there is that item and also an increase in the impact fees for administrative charges that Mr. Jenkins did not reference; and there are a number of costs that the Board could talk about in terms of vacant positions. Commissioner Carlson stated she is not interested in opening it all up; she is interested in trying to find the dollars for the road deputies with the minimum impact to the budget the Board accepted the last time; and wherever the Board can do that, she would choose to do it that way.

Commissioner Carlson inquired, in terms of the memorandum she brought up from Elizabeth Swanke, how does that define what is actually transferred out of the General Fund to the Clerk’s Office; with Mr. Jenkins responding the memo Ms. Swanke wrote was basically trying to do an apples-to-apples comparison; and she was attempting to explain some issues that are in the Clerk’s budget; however, the program change that they submitted was based on the fact that 14 new positions were being added to the budget this year; so that is what staff was focusing on as opposed to the information that was in that memo. Commissioner Carlson inquired if some of the calculations were not recurring; with Mr. Jenkins responding right; there were two major issues in the Clerk’s budget as the Budget Office saw it; one was a one-time budgeted amount for data processing issues for this year that would not be a recurring budget amount; and Ms. Swanke was suggesting the Board can remove that because it was a one-time allocation. Commissioner Carlson inquired if that is the $245,000; with Mr. Jenkins responding no, the $400,000; and in addition to that, there were data processing charges that have historically been in the Clerk’s Office that were moved out of his budget and put into the General Government Account, as requested by the Clerk, because that is where all the other General Fund agencies have their data processing charges. He stated if the Board is going to compare the Clerk’s budget from one year to the next, staff felt it needed to consider that as an expense because the expense has not gone away, it is just being charged to a different account.

Chairman Scarborough stated the problem with getting that item before the Board is it gets into more detail things, and the Board needs to call on the Clerk for his comments and be fully advised of how it impacts the Clerk’s Office; so the Board moves beyond the easy to the difficult.

Commissioner Colon stated it will get lengthy because there is a lot more; the questions have been asked to the Clerk before; and she does not want to act like he is not here; he is here and would be able to explain that; and if the Board wants to go there it will be quite lengthy. She stated the Board is not asking anyone else to cut their budgets; it is not fair to ask the Clerk to do it; they have been very diligent in regards to what they are trying to do; the Board was advised employees were being paid overtime; and inquired what is the smart thing to do, have someone on a fulltime basis or keep paying overtime. She noted there is a lot to it.

Commissioner Carlson stated the only question she has, and it is not to pick on the Clerk, but the issue of nonrecurring dollars should not be budgeted into someone’s budget if they are not supposed to be used recurrently; and that is the point she is trying to make. She inquired if they were not going to be there the following year, why would anyone assume they would be, if they were not supposed to be recurring; and stated that is her big question.

Chairman Scarborough inquired if there is still a consensus or did Commissioner Carlson want to incorporate the Clerk’s budget. He stated the Board needs a full understanding of issues beyond the simple. Commissioner Carlson stated that is fine; she does not want to have just an argument; she would like to be able to say the Board has discussed most of the budgets; it discussed the Clerk’s budget although the first time she saw the memo it was clarifying to her to know there were nonrecurring dollars in the Clerk’s budget and yet they have been used as if they were recurring; and she does not think that is right. She stated if the Board can go there, it can go there; but it is up to the rest of the Commissioners; and if they do not want to discuss it, that is fine. Chairman Scarborough stated he just sees it getting lengthy.

Commissioner Higgs stated Mr. Jenkins listed a number of things that were not controversial when the Chairman asked for a raising of hands; and she wants to get clarification at what point the Board intends to look at those, because if there is a way to use the General Fund to fund some additional road deputies for the County, the Board needs to identify those. She stated there are probably $600,000 in cuts, other than the Clerk’s budget; there did not seem to be a lot of anxiety about them from the audience; and she would like to get an idea of what the process is going to be. Chairman Scarborough requested Mr. Jenkins go down the list again.

Mr. Jenkins advised part of the Assistant Parks Director’s salary can be charged to capital projects he is working on at $43,000; impact fee administrative charges can be increased to 8%, which is $42,375; the mail center opened during the anthrax scare can be closed at $45,000; electrical costs can be reduced by $150,000; the records technician position can be reallocated at $43,000; the fire supply facility can be postponed at $122,000; the engineer’s position can be eliminated at $80,452 with fringe benefits; permit fees in Land Development can be increased to 100%, which would be $225,000 as a conservative estimate; and Natural Resources fees can be increased, but he does not have that number. He stated if added up, it would be above the $571,000 needed to fund the ten additional deputies.

Commissioner Higgs stated Mr. Jenkins did not mention the $43,400 for the training coordinator, nor the expanded hours for the libraries; with Mr. Jenkins responding he did not mention those.

Commissioner O'Brien stated eliminating the library training coordinator’s position at $43,000 and the program change at $100,000 would provide sufficient funds for the fire supply facility, which is an important facility that will cut operating costs for Fire and Safety Departments; and that would be money well invested with a return to the taxpayers. He stated the expanded hours at $100,000 has direct service to the public; however, it does not exist now and is not a necessity; and it will increase operating costs, whereas the opposite is true of the fire supply facility. He stated he would prefer to see the program change and training coordinator eliminated and the fire supply facility kept in the budget.

Chairman Scarborough stated three Commissioners want to keep the budget essentially intact, but some changes will be necessary to allow funding the ten additional deputies. He stated anyone with a card who wishes to speak can come forward.

Hank Simon advised the public hearing process on the budget allows citizens to voice opinions; prior to the September 11, 2002 meeting, there was input from citizens, as the budget was published and people had an opportunity to see it; and after that meeting, there seemed to be a majority who voted for it, giving those people involved in the budget process and receiving funds confidence in those decisions. He stated in this late hour, to arbitrarily pick things out is not fair to the citizens and organizations that rely on those funds; and encouraged the Board to approve the tentative budget of September 11, 2002 and allow the County to provide the services necessary for the growth and security of the citizens who live here.

Neal Johnson, Vice President of Market Management for SunTrust Bank and Secretary/Treasurer of Economic Development Commission, thanked the Board for its support and allowing Economic Development Commission to continue to do what is an admirable job over the last six years. He requested those in support of Economic Development Commission to stand; and several people stood up. He thanked Commissioner Carlson for her participation on the Board last year; welcomed Commissioner Colon this year; and thanked the Board for its commitment to the community.

Ron Bailey advised he supports the Economic Development Commission and commends the Board for its efforts to deal with difficult issues and do it without the luxury of time. He stated he is pleased the Board is thinking globally; economic development is a global competition; and if the Board wants a diversified economy and to cut taxes, growth of the economy makes that possible. He stated economic development and growth attract companies to come and stay here and generate jobs; and to do that they need a functioning organization that can compete with California, Boston, Texas, Singapore, Hong Kong, Taiwan, and all the places in the world that have the same vision as Brevard County. He stated a diversified economy based on the kinds of companies that create high-paying jobs and do so without polluting the environment makes Brevard County a beautiful place to live and raise families without increasing taxes over a long period of time.

A lady advised she is in favor of the libraries; when times are hard people use the libraries more and spend less on movies; people study instead of paying tutors and send children to the libraries to use the computers; and requested the Board not cut the libraries and give its citizens the services they need. She stated older people and children use the libraries more than anybody else; the Board has always been supportive of the libraries; and requested it continue to be that way.

Lorene Shafer, Chairman of the North Brevard Library District Board, advised with the Board’s and Mr. Jenkins’ help, they built the North Brevard Library; she owes a great deal of gratitude to Mr. Jenkins and is very fond of him; they have the best library system of any county in the State; and inquired if the library tax they pay is sufficient to fund the libraries or does it need to be increased; with Mr. Jenkins responding the library staff does an incredible job in doing what they do with what they have. He stated they can use more, but the Board cannot do it this year because it has already advertised the millage. Ms. Shafer stated she donates everything she can to the library; if children are going to learn, they need libraries; every week the parking lot is full; and they had to ask Titusville High School to move their students’ cars from the library’s parking lot because they needed the space for their patrons. She requested the Board do what it can to maintain the services of the libraries, which is ranked high throughout the State; and noted Brevard County has more libraries than most other counties because it is so diversified.

John Holdsworth, representing Together in Partnership (TIP), member of Juvenile Justice Council, Chairman of the Alliance for Substance Abuse Providers and Sanctions Committee for TIP, and business owner in the community, advised TIP has been an exciting thing for almost three years; it is a collaboration of many different agencies, such as Juvenile Justice, State Attorney’s Office, Public Defender, School Board, Health Department, Circles of Care, Prevent, Eckerd Youth Services, Court Evaluators Office, Judges Offices, Boys and Girls Clubs, Big Brothers Big Sisters, Crosswinds, as well as others; and what makes it exciting is the opportunity for Brevard County to get grant money by having partnerships among those agencies. He noted rather than competing for dollars, they are able to work together to bring those dollars to Brevard County; and part of the County’s money is to match grants they need.

He stated it would be shortsighted to do away with that; Commissioner Carlson said Brevard County has such few grants; they are working diligently to come up with a one, three, and five year plans in order to bring more dollars to Brevard County; and encouraged the Board to continue the grants area of the budget. He stated it is much needed; and it is exciting to see the different agencies come together from the public and private sectors. He noted it is on the cutting edge as far as the country is concerned; and requested the Board continue that.

Gerald Petitpas, representing the Genealogical Society of South Brevard, presented a letter to the Board, but not the Clerk; and advised in the past 30 years there have been three genealogy societies that have done an excellent job providing for the ability of people to do family research. He stated they have built up their resources at three libraries, North Brevard Library, Central Brevard Library, and the library in Melbourne; they are available and set up for people doing family research; and they have their own computers and books, CD ROM’s, etc. that people can utilize. He stated six years ago they had a surprise; Brevard Community College established a Genealogy Department and selected a local native as the head of that Department; but this past Spring he got a phone call notifying him the Genealogy Library at Brevard Community College was going to close, and the position would be terminated. Mr. Petitpas stated he talked to officials at the College; and a meeting was established with the Genealogy Society representatives; they came to the resolution that the ideal location for the holdings at the College would be the Central Brevard Library and Reference Center; and they retained the gentleman as the genealogy librarian. He stated he was told the budget eliminates that position; they feel very strongly that the collection given to Brevard County Library System is very complex and difficult to use; and their value is enhanced by having a nationally certified genealogist working in that library. He requested the Board strongly consider that. Chairman Scarborough advised that position will stay intact; it was anticipated to be cut; but if three votes are made today, it will remain intact.

Bea Polk advised the Board heard everything but not the Property Appraiser’s Office budget, yet he was the one who wanted the 3% cap and his budget is 4.93% with 51.88% on his operating capital outlay. She stated he has 114 employees, some are part-time; and his budget is $8,158,191. She stated the Board said the State said they cannot do anything about his budget; that budget comes out of the taxpayers pockets, but they have no say; and it is a disgrace. She stated the Sheriff and Clerk’s budgets are discussed, yet the Property Appraiser gives his budget to the State; and when she called the State, the only thing they said was that Mr. Ford knows how much money he needs. She stated his budget needs to be cut by $383,236 and that money put into law enforcement; and inquired if anyone discussed cutting his budget. She stated the Board can appeal it; it is time to take control of the taxpayers money and not let the State tell it what to do with it; and if the State wants to fund his budget of over $8 million, that would be good. Ms. Polk stated she is glad about what the judge did because it would have been bad for Brevard County; the same man who wants it does not live by it; and he can preach something but does not live by it.

Sue LeStourgeon, volunteer for the National Alliance for the Mentally Ill (NAMI), advised she has a 39-year old son who suffers from a mental illness; and she is confused as to whether the Board is cutting funds for mental health care at the County Jail.

Chairman Scarborough stated there are three Commissioners who are not going to cut anything that people came here to address; and inquired if the three Commissioners voted for the tentative budget intact, would it affect NAMI; with Mr. Jenkins responding the forensic program would be funded the same way it was in the current year. Ms. LeStourgeon thanked the Board, and noted those people are suffering a devastating disease, and their families are suffering with them. Commissioner Higgs stated while she is willing to support additional cuts in the existing budget, it did not include the forensic services at the jail.

Frances Mangum stated her grandson and she have come begging; and they want to make sure there is enough money in the budget for a new deputy in their community to get rid of the prostitutes, drugs, speeders, and people who do not care. She stated she has lived in her house 47 years; they started a crime watch in their neighborhood; and since the sign was put up, she has seen the people scatter and go from one place to another. She stated they want to get rid of those people and need some help from the Board.

Sid Mangum advised there are two drug houses on their street that started up about six to eight months ago; he calls deputies to the house every time he sees something going on; they are dealing drugs in front of his house where children in the neighborhood play; and deputies come out, stand around for 15 minutes, then leave to do another call. He stated they told him they cannot do anything; but he would like to see something get done.

Chairman Scarborough requested Bob Sarver of the Sheriff’s Department meet with the Mangums to discuss specific allocation of the 20 new deputies. Commissioner Higgs stated the budget approved on September 11, 2002 did not include 20 deputies. Mr. Jenkins advised the budget includes 10 deputies; and the Board asked him to find funding for the other ten deputies.

Amy Tidd, President of Port St. John Homeowners Association, advised when they heard about the $1.5 million grant for deputies, they voted unanimously for it; they were pleased with the award; and with all the extra responsibilities the Sheriff’s Department had since September 11, 2001, the extra deputies are needed. She stated the ratio patrol to square mile is less than the cities in Brevard County; the cities have an average of four patrol units per square mile; and the unincorporated area has only half a patrol unit per square mile. She stated the Port St. John Homeowners Association voted to support the Sheriff’s request to fully fund 20 deputies that the grant will provide for at one time.

Rosetta Pease inquired if the budget for the Extension Office is going to be cut; with Mr. Jenkins responding three Commissioners indicated their willingness not to cut that budget. Ms. Pease stated the services are very much needed in the community.

John Shishilla stated he favors the Sheriff’s Office getting all the deputies; he has seen what Mr. Mangum mentioned about deputies chasing drug dealers around, which is all they can do; they chase them from block to block and hours later they show up again; and he has concerns about the radios, cars, protective shielding, and shortage of road deputies. He stated with the added September 11 demands and the attractions of the area with Kennedy Space Center, Cocoa Beach, and Port Canaveral, the additional deputies are needed; and he understands the Board is going in that direction. Mr. Shishilla stated a lot of times the public does not know what it needs when voting on something and is not properly educated; it is the job of the Board to educate them and inform them, protect them and service them; and sometimes it has to go against what they think they need. He stated they need the deputies.

Doug Sphar, representing the Sierra Club Turtle Coast Group, advised the Club appreciates the Board’s decision to stay the course with the September 11 budget; Brevard County is growing and new residents and businesses expect to be provided with adequate infrastructure and services; people come here because of the quality of life; and they expect the quality of life attributes to continue into the future. He stated the cadre would make a lot of money if Brevard County would spiral down into a latter day equivalent of East Liverpool, Ohio; it is the same cadre that currently squawks about taxes and impact fees but seldom offers creative alternatives to cover deficiencies; and the Sierra Club believes most citizens want Brevard County to continue to be a safe and healthy place to live with a high-quality environment. He stated he does not mind paying fees and taxes, but the Board’s job is to craft a way to pass the plate so all drop in their fair share; it may be saving a nickel this year, but it has to look at the long-term ramifications; and remediation downstream may cost many more dollars. Mr. Sphar stated it happens often in the natural resources area; a truck does not have long-lasting impact, but lost opportunity of protecting natural resources can be devastating; and once the natural asset is lost or downgraded, it is a one-way street and usually cannot be recovered. He requested the Board go forward and await the verdict of the court, which he hopes will sustain the decision that what the Board did is constitutional.

Kay Burke, President of Brevard Cultural Alliance (BCA), thanked the Board for achieving consensus. She stated the cadre of business people who were here with Economic Development Commission left; and so did the Board members of a number of arts and cultural groups throughout the County who were here in support of BCA. She stated those volunteers work with BCA from the business community because they know the importance of having strong arts and cultural programs, museums, and orchestras to draw and hold quality businesses and bring people here who earn good livings to support the tax base. She stated BCA is the smallest part of the County’s budget; they collectively write grants and bring in dollar for dollar match; and they match that again in the community; so they give back twice what they ask for. She introduced the newest board member Dr. Vera Hyatt, who moved here last year and resides in Palm Bay.

Dr. Vera Hyatt advised she moved here from Washington, D.C. where she lived for 21 years and was a staff member of the Smithsonian Institute for those many years; and she is here to support the BCA because the work it does is invaluable. She stated Commissioner Higgs spoke about the Board’s role to ensure quality of life in the County, and mentioned health, safety, and welfare; and she wants to emphasize the arts program is part of the overall welfare of the residents. She stated she spent 40 years in the museum field; and as part of her community service, she wants to give back to the museums in the County all the expertise that she has. Dr. Hyatt stated the only way museums can grow in a community and not just museums, but all the aspects of culture, the dance, opera, actors and performers, is if the BCA can give grants to those organizations; if the Board cuts $75,000 from its budget, it will cripple the grant program; and encouraged the Board to consider not cutting that sum from the BCA budget and help it to grow in order to enhance the lives of people who choose to live here. She stated coming out of Washington, D.C. to a place like this emphasizes for her that this is a growing community and the arts is a very important part of what they do in order to ensure a quality of life that is broader than health, safety, and welfare; when people are healthy and safe, they want to go to performances and museums; and the only way those areas and artists will grow in the community is if the Board permits the BCA to make needed grants to those various organizations. She urged the Board not to cut the BCA budget. Chairman Scarborough stated it is apparently not going to be cut; and thanked Dr. Hyatt for making Brevard County a better community for the arts.

Barbara Osmundsen advised she is a professional sculptor with a studio in Indian Harbour Beach; she has been working with BCA for over four years; and she appreciates that the $75,000 is not going to be cut from that budget. She stated when she first started working with BCA, she had a dubious attitude as to the value of arts in the community and with the special interest groups she worked with; and after becoming acquainted with it and more involved, she changed her mind. She stated she has worked with many children in the various programs and as a result of those programs changed their lives and attitudes; she worked with the Space Coast Marine Institute, and children at Crosswinds, Hacienda Girls Ranch, Gardendale Elementary, and W. J. Creel School; and she cannot tell the Board the difference that it makes mentoring children who are abused, neglected, and have problems. Ms. Osmundsen stated when given something constructive to do, and when taught how to take something they consider nothing and make it into something beautiful, it makes a difference to them; children who end up at Hacienda Girls Ranch cannot concentrate; their lives have been disrupted; they do not have any security or feeling of safety; and she had a girl there who could not concentrate or stay still for longer than one or two minutes; but she began coming to the table to do art and one day began working with them on making jewelry out of sea glasses. She stated by the end of that session, she saw her smile for the first time and stay with something longer than a minute or two. She stated she would like to think that someday that girl will walk down the beach and somebody offers her a joint or drugs and she will say no because the Board put money into arts and she can create something good for herself. She stated she is grateful to be here and be a part of a truly growing art community, and hopes the Board will continue to put a little heart in art and make a child’s life more worthwhile.

Lynn Matthews, President of Snug Harbor Homeowners Association, advised she is involved with the South End Residents group made up of residents and business owners in the unincorporated area south of Cocoa Beach and north of Patrick Air Force Base; and they emphatically support the additional 20 deputies. She stated Brevard County is fortunate to have a professional fiscally responsible Sheriff’s Department; with insufficient staffing, the Sheriff’s Office had to cope with increased responsibilities this past year; calls responded to by deputies increased over 17%; suspicious incidents reported increased by 29%; assisting other agencies increased by 18%; bomb call responses increased 175%; SWAT calls increased 18.5%; and narcotics responses increased 26%. Ms. Matthews stated the combination of low staffing, increased responsibilities, and critical homeland security issues make this a clear decision; the Board must add new deputies; it is a matter of public safety; so speaking for the Homeowners

Association and South End Residents, she thanks the Commissioners who support the Sheriff’s Department. She stated they appreciate the fact that the Board heard their voices and they look forward to working with the Board to make Brevard County a very exciting and strong county. Mr. Jenkins advised the County is adding an EMS unit on the beachside after October 1, 2002.

Clarence Rowe, President of the Central Brevard Branch of the NAACP, commended the Commissioners in attempting to address the issues that concern citizens of the different programs, for the reach to the Sheriff’s Department that has taken a great hit since September 11, 2001 as far as security and safety, not only of the citizens, but the overall County, and for the degree of sensitivity about the different programs and trying to avoid cuts where necessary. He stated he has a concern about one thing that appeared in the Orlando Sentinel and TODAY Newspaper; and that is the United States poverty level rose for the first time in eight years. He stated as of September 11, 2001, everybody is cutting budgets and other things; at the same time, the American economy is taking a serious hit in reference to people losing jobs, being laid off, or losing benefits and given less than reasonable hours of work; and requested the Board do whatever it can for human services to help those people who need those services based on the 2000 Census. He stated he appreciates the staff that had the foresight and vision to go after grants for Lee Wenner Park; they did the job with $800,000; he visited the facility and saw people taking advantage of it; and there are a lot of people who do not have the funds to do things they would normally be doing. He stated grant writers are worth their weight in gold regardless of what program it is; the Board needs to focus more seriously on getting whatever grants are available for whatever programs; and thanked the Board for its support of the Sheriff’s Department.

Phil Stokes, First Vice President of NAMI Florida, advised NAMI Florida is a State affiliate of the National Alliance for the Mentally Ill; he is also an alternate member of the Brevard Commission on Mental Health and Community Solutions established by the Board a year ago; and it has done some wonderful work. He thanked the Board for that and for maintaining the budget it originally planned, and for not cutting funds for the mentally ill.

Maureen Rupe stated she has two concerns that would not impact the health and safety of people; they do not have a constitutional Charter, and it does matter; the laws are there to follow the Constitution; and she is sure Commissioner O'Brien took an oath of office to uphold the Constitution not only of the United States, but of the State of Florida, so it does matter. She inquired if 80% of the people voted for apartheid, would that be right; and stated the Constitution is not to protect the majority, it is to protect the minority. She stated she is very concerned with that and has been in a lawsuit before because of the Constitution; it is something she takes very seriously; she believes they still have things in the Charter that are unconstitutional; and the sooner they find them out the better. She stated it was disgraceful.

Commissioner O'Brien advised he did not say anything about the Constitution, but said 80% of the people in Brevard County told the Board very strongly not to raise their taxes; and whether it is constitutional or not is not the argument. He stated it is a disgrace to come up here and say things in front of these people as though he said he did not care about the Constitution; and that issue has already been attested to by the County Attorney. He stated he said people gave a message and asked why does the Board not listen to them.

Joan Wheeler stated growth costs money; whatever cap is put on the Board does not matter because the more the County grows the more it is going to cost; it is a known fact; and impact fees will not take care of all the growth. She stated growth is going to happen whether they encourage it or wait for it to happen; and the Board should remember it is going to cost.

Jack Garrison stated at this particular point in history, there are more demands for law enforcement than there has ever been; and it takes resources to purchase special equipment, and train officers in areas they have never been trained before to better protect the County and community. He stated there is an unwritten rule that says if a person stands up for you, you are obligated to stand up with them; Sheriff Williams has stood up for his people; and he is proud to be here tonight to stand up with him.

Lil Banks stated she agrees with Commissioner O'Brien that the people spoke and the Board works for them; and if the Board can throw out 80% of the votes, then it should throw out the EELS Program also, where over $3 million is spent to save the bugs and birds and to buy land. She inquired what good do they do; and stated if a suitcase bomb gets dropped by the Courthouse, it is going to kill the bugs and birds as well as the people; so the money, if it has to go anywhere, she prefers it goes to the Sheriff. She stated she loves to go to the theater and loves culture; but if it has to be pinched, it has to be pinched; they do not live in the same world since September 11, 2001; and as far as the turtles, the County could get a hatchery and put the eggs in there and stop all the nonsense about saving the turtles. She stated that is the last thing she is interested in when there is a different world they live in. She suggested forgetting the bugs, birds, and bees for a while and taking care of humans and things that need to be taken care of now, primarily their security.

Fran Galey, Executive Director of Brevard Cultural Alliance, stated it is an understatement to say at the 11th hour it is a shame that happened because it was disgraceful as the Sheriff and Hank Simon mentioned earlier; but it looks like it is going to work out. She stated regarding the 80% vote, any time people are asked if they want their taxes raised, they will say no; but if asked if they want mosquito control, mental health taken care of, fire protection, etc., the same people will say yes. She stated tonight Brevard County has a lot of cogs in its wheels; and they want the Board, as their engine, to see that the wheel turns. Ms. Galey stated the Board can ask any business in the community, especially large businesses if arts and culture lend heavily in attracting businesses to the area; and it is too bad some of the Economic Development Commission friends left because arts and culture are part of the economic development and continuing vibrancy of economic development in the community. She thanked the Board for the job it is doing tonight.

Chairman Scarborough stated that is the last speaker; with Clerk of Courts Scott Ellis responding he put in a card to speak on two issues, Cap-it, and his budget.

Mr. Ellis advised Judge Jacobus did not say the Board had to spend $145,000,000; he said the Board may spend $145,000,000; therefore, if it spent anything less than that, it would not be in contempt of court. He stated he was not sure what Mr. Knox’s comments meant, but basically the judge said it is the Board’s discretion as to what it spends; and it is not mandated to spend the higher number or the lower number; and inquired if that is correct; with Mr. Knox responding the question Commissioner Colon asked him is what would happen if the Board ignored the Judge’s order; and he said that is contempt of court, which it is. Mr. Ellis inquired what would Mr. Knox consider ignoring the Judge’s order; with Mr. Knox responding following cap-it. Mr. Ellis inquired if Mr. Knox is saying the Board is not allowed, under the judge’s order, to cut $6 million; with Mr. Knox responding it is not allowed to be required to cut $6 million, but it can do it at its discretion. Mr. Ellis inquired if the Board can cut $6 million from its budget if it chose to do so; with Mr. Knox responding that is right. Mr. Ellis stated Commissioner Colon made a comment about not spending money after October 1st; and inquired if that is what she was told; with Commissioner Colon responding what she was talking about was making sure that after October 1st the Board is careful with how it is going to allocate money and not spend it like it has in the past, so it does not have to deal with the same issues and go through this long process; and that the Board should be more careful and start the budget process earlier. Mr. Ellis stated if the budget is not passed tonight and not passed until October 5, 6, or 7, the Board could still spend money into the new fiscal year until it reaches the point that the tax bills have to go to the Tax Collector to be mailed to citizens, so the Board is not obligated to pass the final budget tonight. He stated there was more to the judge’s order than was revealed; it says, “All tax funds collected for fiscal year 2003 above the amount set forth using application of Section 5.4 of the Brevard County Home Rule Charter shall be escrowed.” He stated that money shall be escrowed until the issue of whether it is constitutional or not is determined; and inquired if that is Mr. Knox’s understanding; with Mr. Knox responding that is correct. He stated if the issue takes longer than a year to decide, the Board has to have $6 million set aside to cover that escrow. Mr. Knox noted that is what the order says. Mr. Ellis stated not only does the Board have to have that money set aside, if it goes all the way to the Florida Supreme Court and is determined to be constitutional, the Board will be on the hook for $9 million it exceeded cap-it last year. He stated last year he and the Board were in disagreement on this issue; and when it was done, the Board passed what it wanted to and he did not proceed to a judge to get a court order; however, it is out of his hands and has now gone to court; so the money that the Board was over cap-it last year is at risk as it proceeds through to the Supreme Court; and he believes that is where the case is going to end up. Mr. Ellis stated there have also been comments tonight about the 11th hour and people being irresponsible; this has not been an 11th hour issue; the tax cap discussion began last summer and proceeded into 2002; and it is not the Clerk’s Office that chose to get the three-attorney opinion or to take or not take that opinion delivered to the Board. He stated they brought the cap-it issue up before, so it is long before the last minute; when the issue went to the three-attorney panel, which was two weeks ago, the County staff should have prepared a contingency plan if the panel came back not in the County’s favor; however, there were no contingency plans prepared. Mr. Ellis stated there did not need to be last minute budget cuts and everybody made to feel scared that the Board would go after their money; and staff should have had $9 to $10 million in proposed budget cuts available to the Board at the Tuesday night hearing and been prepared two weeks prior to the final hearing when it was handed off to the attorneys. Mr. Ellis advised when he was on the Board, he used to get a list from then Budget Director Kathy Wall of all the agencies that were General Fund funded, the amount of money of their mid-year budget supplements, and the amount of their increases; and if the Board had that information, it could determine where all the increases were going, which would help it to make the decisions on what it would cut or save, but that information was not provided. He stated there are certain things the Board is mandated to do by law; there are other things it should do that are not mandated by law; and there are things it would like to do, but none of that has been classified out to help the Board make decisions on where to cut. Mr. Ellis stated another thing most people do not seem to understand is that if the Board goes back to cap-it, it would still have an $8 million increase, which is 6% over the current revenue; and 6% is a substantial increase when the annual inflation is 2%. He stated with this increase, the Board is basically at 10.5% increase; during the 1990’s, the Board never saw a 6% increase because it did not have those kinds of new construction dollars coming in; so the problem has been known for a year and a half and is not a last minute problem or an 11th hour problem. He stated it is not an issue of irresponsibility; the problem should have been addressed in the Spring by the County Manager before proceeding with this budget; and when the Board went to the three attorneys for an opinion, if it intended to stay with that opinion, it should have immediately begun continuous planning to make the budget cuts; and that is his issue on cap-it. Mr. Ellis stated another issue is about his budget.

Chairman Scarborough stated the Board has extended time previously for the Clerk; and inquired if that is the intention tonight. Hearing no objection, he extended the time for the Clerk.

Mr. Ellis stated he received the same memo Commissioner Carlson talked about from Ms. Swanke; not to be unusual, the memo came this morning to his office; his question to Ms. Swanke is what is the $400,000 she identified in non-recurring capital costs; with Assistant County Manager Stockton Whitten responding that was the amount of General Fund transfer that was added to the Clerk’s budget at the beginning of this fiscal year for capital expenses. Mr. Ellis stated that is not correct; he currently has his budget as presented this year; there is no $400,000 added in capital; and of the capital that was in his budget, $130,000 is nonrecurring, which was the money spent to do the wiring at the Courthouse. He stated all the other money is recurring, which includes database licenses and fax licenses and all the other issues. Mr. Ellis stated what was sent with the memo was $586,000 on the County outlay for capital, which was in his preliminary budget; that was cut by $120,000 before it went to the final budget; and basically the whole thing is another fabrication, which is not unusual because he is used to getting memos with wrong numbers on the day of the meeting. He stated what he would have done in his budget, had he been asked, rather than being “Pearl Harbored”, would have been to move money for those licenses to fees; he knows the County had a tough year; he saw the insurance numbers from the beginning and moved those to fees as much as he could; and that included the licensing issues. He stated someone also failed to notice the money his office has given back to the County this year, such as $75,000 for the audit, $50,000 for Drug Court, and $60,000 for telecommunications equipment; and as for the services for Information Systems, when he asked that to be broken down, it basically became a lot of licenses he did not want. He stated as he threw out Column A, Column B went higher; as he threw out Column B, the price of Column C went higher; and finally he said throw the whole thing out; that was basically a wash with the increased insurance and retirement costs; and the budget he submitted was basically that wash. He stated the whole memo is incorrect; and inquired where is the nonrecurring capital Ms. Swanke identified as $400,000. He stated she wrote the memo and gave the backup; so he is asking her what it is. There was no reply from the Budget staff.

Chairman Scarborough advised while that was raised as an issue, it is the intent of three Commissioners not to go to that element of the Clerk’s budget; and he will be glad to let Mr. Ellis continue on, but it is not going to be germane to any action that may be taken. Mr. Ellis stated Commissioner Carlson already stated that she wished to cut the Clerk’s budget by $403,000 due to nonrecurring capital. Chairman Scarborough stated he heard that, but then she reversed it, so the Board could continue with the consensus because Commissioner Colon and he expressed a concern that they did not want to get into anything of any complex nature at this late hour. Mr. Ellis requested an explanation; with Chairman Scarborough responding it means they would not do anything with that portion of the budget. Mr. Ellis stated Commissioner Carlson stated the money is to come out of the Clerk’s budget to match for deputies; with Chairman Scarborough responding that issue came up. Commissioner Carlson stated maybe Mr. Ellis is not listening. Mr. Ellis stated maybe someone does not have the facts when they are talking. Commissioner Carlson stated it is fairly clear that the Board is not dealing with the Clerk’s budget right now; and suggested Mr. Ellis go forward instead of backwards, as the Board is trying to move forward. She stated next year the Board is going to be looking at some of those nonrecurring dollars; that was the only question she had; and now it is not an issue. Mr. Ellis stated Commissioner Carlson brought up the memo; and he is asking for justification of the memo. He stated he continually gets side hits at the final minutes when it comes into his office in the morning, knowing he is tied up at the hearing as the County moves to destroy the tax cap and does not have a chance to respond; however, he did put together a response this afternoon to bring to the Board.

Chairman Scarborough stated it has been removed from discussion; he had questions on a number of other issues; if they were to come up for discussion, he would have wanted to get into them; but he deferred discussion on the items he had concerns about because it is not germane for this budget year. He stated if it comes up again, he wants the Clerk to get full involvement because that is the intention of all the Board’s actions this evening.

The meeting recessed at 7:42 p.m., and reconvened at 7:55 p.m.

Paul Williams stated he has objections to this budget and charging the Cattlemen’s Association and Farm Bureau Association. Chairman Scarborough requested staff meet with Mr. Williams on the particulars of the budget and to discuss his concerns.

Chairman Scarborough inquired if there were any additional comments on the budget before the Budget staff reads into the record the millages and related budgets on each item.

Commissioner Higgs advised there were a number of fee increases suggested by staff, such as driveway fee, half of which would generate $122,000, Public Safety inspection fee that would generate $109,000, Land Development fee adjustments for $357,000, and impact fee administration increase to generate $42,375. She stated that would total $630,627; and whether the Board agrees to do anything differently, it needs to move forward with those fees that would make those departments largely sustained by fees

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct the County Manager to put the appropriate resolutions increasing various fees on the agenda.

Commissioner O'Brien stated if the Board is going to increase those fees and revenues by $630,000, he hopes there is a corresponding cut in the taxes by the same amount. Chairman Scarborough stated the Board cannot discuss those fees tonight because they are not on the agenda, but Commissioner Higgs wants them to come back to the Board as soon as possible for discussion. Commissioner O'Brien stated they should come in March when the Board discusses next year’s budget so it can consider corresponding cuts in the taxes. Commissioner Higgs stated she wants to see them move forward in this budget year, but she does not think the Board is willing to do that; if the County Manager is directed to bring it forward, then they would come on in a timely manner and the Board would be able to look into that in the right time frame.

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

Chairman Scarborough inquired if there are any other comments from the Board.

Commissioner Carlson advised the Board came together fully intending to cut $6 million from the budget this evening; the County has not been moving to destroy the tax cap; a couple of years ago, when it was looking at constitutionality of some other amendments and judicial review, the tax cap was left out even though she asked that question; and it was important that the Board went forward to get judicial review for all future amendments to the Charter so that this sort of thing would not happen again. She stated she wants to make sure staff knows that she particularly thinks they have done an excellent job in doing what they tried to do with the budget and working in a very short period of time to come up with $6 million in cuts, which was not easy anticipating this evening; so she wants to thank them for all their hard work and with the guidance of the County Manager.

PUBLIC HEARING, RE: APPROVAL OF EACH MILLAGE, ANNOUNCEMENT OF A
RECOMPUTED AGGREGATE MILLAGE, AND ADOPTION OF RESOLUTION
ESTABLISHING FINAL MILLAGE FOR FY 2002-03

Chairman Scarborough called for the public hearing on the tentative millages and budgets for FY 2002-03, and advised staff to read those into the record.

Budget Manager Dennis Rogero advised his staff will read into the record each millage of the current year, tentative millage for next fiscal year, the ad valorem revenue associated with the millage, and the tentative budget.

General Fund

Budget staff advised the General Fund millage for FY 2001-02 is 4.2303 mills; the tentative millage for FY 2002-03 is 4.4495 mills; and the millage will generate $87,210,306 for a total budget of $176,118,264.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the General Fund millage for FY 2002-03 at 4.4495 mills, and the budget at $176,118,264. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

Free Public Library District

Budget staff advised the Free Public Library District millage for FY 2001-02 is 0.7204 mill; the tentative millage for FY 2002-03 is 0.7304 mill; and the millage will generate $14,374,653 for a total budget of $17,708,834.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Free Public Library District millage for FY 2002-03 at 0.7304 mill, and the budget at $17,708,834. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

Mosquito Control District

Budget staff advised the Mosquito Control District millage for FY 2001-02 is 0.2085 mill; the tentative millage for FY 2002-03 is 0.2011 mill; and the millage will generate $3,957,753 for a total budget of $6,004,110.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Mosquito Control District millage for FY 2002-03 at 0.2011 mill, and the budget at $6,004,110. Motion carried and ordered unanimously.

Fire Control MSTU

Budget staff advised the Fire Control MSTU mill for FY 2001-02 is 2.2527 mills; the tentative millage for FY 2002-03 is 2.2035 mills; and the millage will generate $20,302,044 for a total budget of $19,198,987.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Fire Control MSTU millage for FY 2002-03 at 2.2035 mills, and budget at $19,198,987. Motion carried and ordered unanimously.

Recreation District #1 MSTU

Budget staff advised the Recreation District #1 MSTU millage for FY 2001-02 is 0.5740 mill; the tentative millage for FY 2002-03 is 0.6571 mill; and the millage will generate $1,768,513 for a total budget of $5,751,426.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Recreation District #1 MSTU millage for FY 2002-03 at 0.6571 mill, and budget at $5,751,426. Motion carried and ordered; Commissioner O'Brien voted nay.

Recreation District 4

Budget staff advised the Recreation District 4 millage for FY 2001-02 is 0.6391 mill; the tentative millage for FY 2002-03 is 0.6207 mill; and the millage will generate $1,184,077 for a total budget of $4,605,979.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Recreation District 4 millage for FY 2002-03 at 0.6207 mill, and budget at $4,605,979. Motion carried and ordered unanimously.

TICO Airport Authority

Budget staff advised the TICO Airport Authority millage for FY 2001-02 is 0.0232 mill; the tentative millage for FY 2002-03 is 0.0223 mill; and the millage will generate $186,951, for a total budget of $1,625,888.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the TICO Airport Authority millage for FY 2002-03 at 0.0223 mill, and budget at $1,625,888. Motion carried and ordered unanimously.

Law Enforcement MSTU

Budget staff advised the Law Enforcement MSTU for FY 2001-02 is 1.1920 mills; the tentative millage for FY 2002-03 is 1.2097 mills; and the millage will generate $10,414,531 for a total budget of $10,329,850.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Law Enforcement MSTU millage for FY 2002-03 at 1.2097 mills, and budget at $10,329,850. Motion carried and ordered; Commissioner O'Brien voted nay.

Road and Bridge District #1 MSTU

Budget staff advised the Road and Bridge District #1 MSTU millage for FY 2001-02 is 0.7734 mill; the tentative millage for FY 2002-03 is 0.7392 mill; and the millage will generate $1,173,012 for a total budget of $1,533,942.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Road and Bridge District #1 MSTU millage for FY 2002-03 at 0.7392 mill, and budget at $1,533,942. Motion carried and ordered unanimously.

Road and Bridge District #2 MSTU

Budget staff advised the Road and Bridge District #2 MSTU millage for FY 2001-02 is 0.3860 mill; the tentative millage for FY 2002-03 is 0.3629 mill; and the millage will generate $901,592 for a total budget of $1,951,508.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Road and Bridge District #2 MSTU millage for FY 2002-03 at 0.3629 mill and budget at $1,951,508. Motion carried and ordered unanimously.

Road and Bridge District #3 MSTU

Budget staff advised the Road and Bridge District #3 MSTU millage for FY 2001-02 is 0.5907 mill; the tentative millage for FY 2002-03 is 0.5573 mill; and the millage will generate $640,728 for a total budget of $1,104,257.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Road and Bridge District #3 MSTU millage for FY 2002-03 at 0.5573 mill and budget at $1,104,257. Motion carried and ordered unanimously.

Road and Bridge District #4 MSTU

Budget staff advised the Road and Bridge District #4 MSTU millage for FY 2001-02 is 0.4339 mill; the tentative millage for FY 2002-03 is 0.4453 mill; and the millage will generate $917,910 for a total budget of $1,256,646.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Road and Bridge District #4 MSTU millage for FY 2002-03 at 0.4453 mill and budget at $1,256,646. Motion carried and ordered; Commissioner O'Brien voted nay.

Road and Bridge District #5 MSTU

Budget staff advised the Road and Bridge District #5 MSTU millage for FY 2001-02 is 0.6618 mill; the tentative millage for FY 2002-03 is 0.6331 mill; and the millage will generate $606,793 for a total budget of $872,077.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Road and Bridge District #5 MSTU millage for FY 2002-03 at 0.6331 mill and budget at $872,077. Motion carried and ordered unanimously.

Road and Bridge District #4 North Beaches MSTU

Budget staff advised the Road and Bridge District 4 North Beaches MSTU millage for FY 2001-02 is 0.5397 mill; the tentative millage for FY 2002-03 is 0.5042 mill; and the millage will generate $173,221 for a total budget of $352,156.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Road and Bridge District #4 North Beaches MSTU millage for FY 2002-03 at 0.5042 mill and budget at $352,156. Motion carried and ordered unanimously.

Road and Bridge District #4 South Merritt Island MSTU

Budget staff advised the Road and Bridge District #4 South Merritt Island MSTU millage for FY 2001-02 is 0.1963 mill; the tentative millage for FY 2002-03 is 0.1871 mill; and the millage will generate $16,113 for a total budget of $76,508.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Road and Bridge District #4 South Merritt Island MSTU millage for FY 2002-03 at 0.1871 mill and budget at $76,508. Motion carried and ordered unanimously.

Merritt Island Recreation MSTU

Budget staff advised the Merritt Island Recreation MSTU millage for FY 2001-02 is 0.1000 mill; the tentative millage for FY 2002-03 is 0.0959 mill; and the millage will generate $192,961.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the Merritt Island Recreation MSTU millage for FY 2002-03 at 0.0959 mill and budget at $192,961. Motion carried and ordered unanimously.

South Brevard Special Recreation District

Budget staff advised the South Brevard Special Recreation District millage for FY 2001-02 is 0.1000 mill; the tentative millage for FY 2002-03 is 0.0967 mill; and the millage will generate $1,070,608.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the South Brevard Special Recreation District millage for FY 2002-03 at 0.0967 mill and budget at $1,070,608. Motion carried and ordered unanimously.

Environmentally Endangered Lands

Budget staff advised Environmentally Endangered Lands millage for FY 2001-02 is 0.2500 mill; the tentative millage for FY 2002-03 is 0.2500 mill; and the millage will generate $4,920,130 for a total budget of $21,227,896.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Environmentally Endangered Lands millage for FY 2002-03 at 0.2500 mill and budget at $21,227,896. Motion carried and ordered unanimously.

Beach and Riverfront Acquisition

Budget staff advised the Beach and Riverfront Acquisition millage for FY 2001-02 is 0.2051 mill; the tentative millage for FY 2002-03 is 0.2085 mill; and the millage will generate $4,103,333 for a total budget of $4,255,666.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Beach and Riverfront Acquisition millage for FY 2002-03 at 0.2085 mill and budget at $4,255,666. Motion carried and ordered; Commissioner O'Brien voted nay.

Port St. John/Canaveral Groves Recreational Facilities MSTU

Budget staff advised the Port St. John/Canaveral Groves Recreational Facilities MSTU millage for FY 2001-02 is 0.9000 mill; the tentative millage for FY 2002-03 is 0.9000 mill; and the millage will generate $498,803 for a total budget of $1,235,530.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the Port St. John/Canaveral Groves Recreational Facilities MSTU millage for FY 2002-03 at 0.9000 mill and budget at $1,235,530. Motion carried and ordered unanimously.

North Brevard Special Recreation District

Budget staff advised the North Brevard Special Recreation District millage for FY 2001-02 is 0.8000 mill; the tentative millage for FY 2002-03 is 0.8000 mill; and the millage will generate $1,519,190 for a total budget of $1,468,204.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the North Brevard Special Recreation District millage for FY 2002-03 at 0.8000 mill and budget at $1,468,204. Motion carried and ordered unanimously.

Merritt Island Recreation MSTU

Budget staff advised the Merritt Island Recreation MSTU millage for FY 2001-02 is 0.7000 mill; the tentative millage for FY 2002-03 is 0.7041 mill; and the millage will generate $1,416,727 for a total budget of $1,594,458.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Scarborough, to approve the Merritt Island Recreation MSTU for FY 2002-03 at 0.7041 mill and budget at $1,594,458. Motion carried and ordered; Commissioner O'Brien voted nay.

South Brevard Special Recreation District

Budget staff advised the South Brevard Special Recreation District millage for FY 2001-02 is 0.5000 mill; the tentative millage for FY 2002-03 is 0.5033 mill; and the millage will generate $5,572,256 for a total budget of $6,441,847.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve the South Brevard Special Recreation District millage for FY 2002-03 at 0.5033 mill and budget at $6,441,847. Motion carried and ordered; Commissioner O'Brien voted nay.

PUBLIC HEARING, RE: RESOLUTION ADOPTING FINAL MILLAGES FOR FY 2002-03

Chairman Scarborough called for the public hearing to consider a resolution adopting the final millages for FY 2002-03.

Budget Director Dennis Rogero advised the aggregate rolled back millage rate is 6.9549 mills; the aggregate tentative rate is 7.4026 mills; the percentage change from the aggregate rolled back rate is 6.44%; and the percentage change from the aggregate current rate is 2.82%. He read into the record the resolution adopting the final millages for FY 2002-03.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution adopting the final millages for FY 2002-03. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay. (See page for Resolution No. 02-232.)

PUBLIC HEARING, RE: RESOLUTION ADOPTING FINAL BUDGET FOR FY 2002-03

Chairman Scarborough called for the public hearing to consider a resolution adopting the final budget for FY 2002-03.

Budget Director Dennis Rogero read into the record the resolution adopting the final budget for FY 2002-03 in the amount of $738,714,845.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution adopting the final budget for FY 2002-03 in the amount of $738,714,845. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay. (See page for Resolution No. 02-233.)

PUBLIC HEARING, RE: RESOLUTIONS ADOPTING FINAL MILLAGES FOR FY 2002-03
FOR DEPENDENT SPECIAL TAXING DISTRICTS

Chairman Scarborough called for the public hearing to consider resolutions adopting final millages for FY 2002-03 for Brevard County Free Public Library District, Brevard Mosquito Control District, Recreation Special District #4 Operations and Maintenance, Titusville-Cocoa Airport Authority, South Brevard Recreation Special District, and North Brevard Recreation Special District.

Budget staff read resolutions containing the FY 2001-02 and FY 2002-03 millages, and the ad valorem revenues generated by the millages for dependent special taxing districts as follows:

Brevard County Free Public Library District

FY 2001-02 millage 0.7204 mill
FY 2002-03 millage 0.7304 mill
Ad Valorem Revenue $14,374,653

Brevard Mosquito Control District

FY 2001-02 millage 0.2085 mill
FY 2002-03 millage 0.2011 mill
Ad Valorem Revenue $3,957,753

Brevard County Recreation Special District 4 Operation and Maintenance

FY 2001-02 millage 0.6391 mill
FY 2002-03 millage 0.6207 mill
Ad Valorem Revenue $1,184,077

Titusville-Cocoa Airport Authority

FY 2001-02 millage 0.0232 mill
FY 2002-03 millage 0.0223 mill
Ad Valorem Revenue $ 186,951

South Brevard Recreation Special District

FY 2001-02 millage 0.6000 mill
FY 2002-03 millage 0.6000 mill
Ad Valorem Revenue $6,642,864

North Brevard Recreation Special District

FY 2001-02 millage 0.8000 mill
FY 2002-03 millage 0.8000 mill
Ad Valorem Revenue $1,519,190

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution adopting the Brevard County Free Public Library District final millage for FY 2002-03 at 0.7304 mill. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay. (See page for Resolution No. 02-234.)

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolutions adopting the dependent special taxing districts final millages for FY 2002-03 at 0.2011 mill for Brevard Mosquito Control District, 0.6207 mill for Brevard County Recreation Special District 4 Operation and Maintenance, 0.0223 mill for Titusville-Cocoa Airport Authority, 0.6000 mill for South Brevard Recreation Special District, and 0.8000 mill for North Brevard Recreation Special District. Motion carried and ordered unanimously. (See pages for Resolutions Nos. 02-235 through 02-239.)

PUBLIC HEARING, RE: RESOLUTIONS ADOPTING FINAL BUDGETS FOR FY 2002-03
FOR DEPENDENT SPECIAL TAXING DISTRICTS

Chairman Scarborough called for the public hearing to consider resolutions adopting final budgets for FY 2002-03 for dependent special taxing districts.

The Budget staff read each resolution containing final budgets for Brevard County Free Public Library District at $17,708,834; Brevard Mosquito Control District at $6,004,110; Brevard County Recreation Special District 4 Operations and Maintenance at $4,605,979; Titusville-Cocoa Airport Authority at $1,625,888; South Brevard Recreation Special District at $6,441,847; North Brevard Recreation Special District at $1,468,204; Merritt Island Redevelopment Agency at $742,760; and Barefoot Bay Water and Sewer District at $4,435,779.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution adopting the final budget for FY 2002-03 for the Brevard County Free Public Library District at $17,708,834. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay. (See page for Resolution No. 02-240.)

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolutions adopting final budgets for FY 2002-03 for Brevard Mosquito Control at $6,004,110; Brevard County Recreation Special District 4 Operations and Maintenance at $4,605,979; Titusville-Cocoa Airport Authority at $1,625,888; South Brevard Recreation Special District at $6,441,847; North Brevard Recreation Special District at $1,468,204; and Merritt Island Redevelopment Agency at $742,760. Motion carried and ordered unanimously. (See pages for Resolutions Nos. 02-241 through 02-246.)

The Board recessed and convened as the Barefoot Bay Water and Sewer District Board.

Chairman Scarborough called for the public hearing on a resolution adopting the final budget for the Barefoot Bay Water and Sewer District for FY 2002-03 at $4,435,779.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution adopting the final budget for Barefoot Bay Water and Sewer District at $4,435,779 for FY 2002-03. Motion carried and ordered unanimously. (See page for Resolution No. 02-247.)

The Board reconvened as the Board of County Commissioners.

AUTHORIZATION TO SIGN, RE: CERTIFIED BUDGET FOR MOSQUITO CONTROL

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize the Chairman to sign the State of Florida Department of Agriculture and Consumer Services Annual Certified Budget for Arthropod Control for the Mosquito Control District for FY 2002-03. Motion carried and ordered unanimously. (See page for Budget.)

AUTHORIZATION, RE: EXECUTION OF TRIM COMPLIANCE FORMS

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize the Assistant County Manager for Management Services to execute Department of Revenue Form DR-487, Certificate of Compliance with Florida Statutes 200.065 and 218.63; Form DR-420, Certificate of Taxable Value; Form DR-422, Certificate of Final Taxable Value, on behalf of the County; and to assemble all components of the TRIM Compliance Package and transmit same to the appropriate Department of Revenue authorities. Motion carried and ordered unanimously.

ADOPTION, RE: CAPITAL IMPROVEMENTS PROGRAM FOR FY 2002-03 TO FY 2006-07

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt the Capital Improvements Program for FY 2002-03 to FY 2006-07. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 8:33 p.m.

ATTEST: _________________________________
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
___________________
SCOTT ELLIS, CLERK

(S E A L)