MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

September 23, 2008

 

 

The Board of County Commissioners of Brevard County, Florida, met in special session on September 23, 2008 at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were: Chairman Truman Scarborough, Commissioners Chuck Nelson, Mary Bolin, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.  Commissioner Helen Voltz was absent.

 

Invocation was given by Father Michael, St. Theresa’s Catholic Church, Titusville, Florida. 

 

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance.

 

 

 

Commissioner Colon stated she would like to thank the Housing and Human Services Department for a wonderful faith-based symposium that was held yesterday; it was wonderful to give needed information to the community; and the faith-based groups that were present appreciated the hard work. 

 

 

 

Commissioner Colon noted on Thursday, before the Workshop, she was not feeling well at home; stated she called County Manager Peggy Busacca to let her know that she was still coming to the Workshop; and that it was taking her a little bit longer to get here.  She stated she had asked Ms. Busacca to put it on the record; one thing that was disappointing was that there was a lot of talk that she was not going to be at the Workshop; but she made it perfectly clear when she called in that she was coming; and she had a terrible migraine headache.  She stated she requested Ms. Busacca inform the Chairman of her absence; and inquired if that was said to Chairman Scarborough.  Chairman Scarborough stated he does not recall everything that happened.  Commissioner Colon stated nothing was said at the meeting about her not coming; and she wants to make sure everyone knows she had every intention of being at the Workshop, as it was a very important meeting.

 

 

 

Chairman Scarborough stated he would like to use the County Seal for two occasions; and there will be special recognition for two persons who helped make the Max Brewer Bridge come to pass.  He advised several decades ago the State dumped the bridge on the County and said it had to maintain it; the bridge began to deteriorate more and more; and   maintenance   was   being   done   on it.  He stated there was not concept of giving money to maintain the bridge or repair it; it has now moved to where the State is going to put $47 million into the rebuilding; and the State will take over the repair.  He stated there are some people who made that happen and he would like to recognize those people.  He noted the Titusville Garden Club will have its 75^th Anniversary soon; and he also would like to use the County Seal to recognize the Club. 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to grant permission for the Chairman to use the County Seal on a plaque to be presented to United States Representative Tom Feeney and State Representative Ralph Poppell for their assistance in making the A. Max Brewer Bridge come to pass; and to use the County Seal on a plaque to the Titusville Garden Club on its 75^th Anniversary.  Motion carried and ordered unanimously.

 

 

Interim Budget Director Elizabeth Swanke advised the Fiscal Year 2008-2009 aggregate rolled back rate is 6.1161 mills, the aggregate tentative rate is 5.4720 mills, and the percentage change is negative 10.53 percent, including voted millages. 

 

 

 

Gerald Storrs stated he would like to mention a couple of observations; one is the fact that there is a collision of growing crowds courtesy of the Tourism Development Council; another observation is more dangerous water courtesy of the beach enrichment program; and those that is responsible for the disastrous results over the last several years.  He stated another thing he has noticed is that the typical winter visitor seems to be a lot less capable in the water, than those who visit in the summertime; the two busiest months for the beaches is May and October; and that is one reason more coverage is needed by lifeguards.

 

R. M. Lancaster stated he would like to call the Board’s attention to two items that bother him about the funding of the budget; when he rides around the County he sees two glaring things that seem to be especially wasteful to him; one is the Fire Department that shows up to fender benders; traffic gets backed up a mile down the road; and he has often wondered if something can be done to either eliminate or rectify that.  He stated another thing he would like to mention is buses that drive around the County empty; stated he called the County Manager’s Office to find out about the budget for SCAT; and what he found out was that for every dollar of revenue taken in, $17 is paid out to operate SCAT.  He stated he does not think there is any place in the world that would tolerate a dismal record such as that; stated he understands transportation needs to be provided for the citizens, but can there be smaller, 10-passenger buses; and inquired if 50-passenger buses are really needed that are going to drive around empty all day.  He stated the third thing he would like to mention is that he happened to pass by Parkway Boulevard and saw a sign that said the County was building another Fire Department; he drove  his  car  from  the  proposed   location  over  to  the other Fire  Department on the corner of Murrell Road and Spyglass Road; it took him just a little more than three minutes to get there; and inquired if there really needs to be another fire station three minutes from an existing fire station.

 

Bill Farmer, Fire Chief, stated all 9-1-1 calls deserve some response; whether it is an ambulance and a fire truck responding depends on the nature of the call; generally speaking, both are sent because there are only two personnel on a rescue; and if a call is serious, there is one person in the back, one person doing CPR, one person monitoring the airway, and one person is needed to drive the ambulance.  He stated an ambulance and fire truck are sent for additional staff; but if a call comes in for a broken finger or something to that effect, then only the rescue is sent; and the Fire Department modifies case by case. 

 

County Manager Peggy Busacca inquired if the County is building a new fire station on Parkway Boulevard; with Chief Farmer responding no, it is not.

 

Mr. Lancaster stated there is a big sign at the location.  Chief Farmer inquired if Mr. Lancaster is talking about the location near the Space Coast Stadium; with Mr. Lancaster responding affirmatively.  Chief Farmer stated yes, that is Stadium Parkway and the Fire Department is building Station 48, which is being built as part of a DRI (Development of Regional Impact).

 

Chief Farmer stated the average response time to the west end of Viera is in excess of 10 minutes, which is against what the Comp Plan calls for, and the performance measurements, which are supposed to be six minutes or less.  He stated additionally, as part of the DRI, Viera is supposed to build the Fire Department’s customary station; Viera is also supposed to purchase the equipment for the station; and staffing has been done with existing personnel. 

 

Jim Liesenfelt, SCAT Director, stated SCAT has many types of vehicles, from 21 feet up to 40 feet; there is not a lot of difference in operating costs between the vehicles; the fuel mileage is similar; the bigger buses tend to be easier to maintain because they have larger engines; and there is more parts available for the bigger buses.  He stated the number one cost of operating a vehicle is labor cost; stated the windows are tinted black to help with air conditioning; and the newer buses have larger windows which have more tinting.  He noted a number of SCAT’s services do not collect fares, as they are under contract; the capital funding is 100 percent fare funded, it does not require revenue; and a number of contracts are fixed routes.  He noted the fare revenue is approximately 15 percent to 17 percent of the fixed route budget; most of the nation is approximately 20 percent; and there is not a public transportation system anywhere in the world that makes money. 

 

Marlene Adams stated she passed out to the Board one page of Mr. Burton’s rates for the fire assessment; there is a list of break codes; it was advertised in the paper and adopted by the Board on September 9, 2008; and those were the rates to be charged the codes.  She stated when she finally received a list from Assistant County Manager Stockton Whitten of the codes, the charges that were actually going to be imposed have been charged zero, except for one; one person got charged $16.44; she has no idea why people were left out; and the Board assessment roll is not accurate.

 

Assistant County Manager Stockton Whitten advised approximately 1,800 parcels out of 137,000 were coded incorrectly, which is about 1.3 percent of the total number of parcels; the revenue effect of that is $29,621 of the $21-plus million; and so ad the advertised had a rate ranging from $16.44 to $30-something dollars.  He stated the error caused those people not to be charged for those appropriate rates; but the ad had that charge; the letters people received advised them that they were not getting a charge, and then the study actually calls for a charge; and those revenues are simply lost to the department.  He stated they were not redistributed to other parcels, so there is not an issue with regards to other folks in the service area picking up those charges; and those are simply revenues not realized.  He advised with regards to remedy that, he thinks there are a number of options; and County Attorney Scott Knox may need to advise the Board on those options.

 

County Attorney Scott Knox advised the first option is to do nothing and just not collect the $30,000 this year; the second option is to ask the Department of Revenue for a declaratory statement asking whether the Board has the ability to send a bill out to those people because what happened was that the notice was sent out with the indication of zero dollars due for the assessment; and if it were to be corrected by sending out a new notice with the $16.44, they would be charged an assessment they were notified they would not have to pay.  He advised that may be used against the Board should it do that to trigger the provision in the Statute that requires them to get notice of an increase in the assessment; stated consequently, he would not want to move in that direction without DOR saying it was okay; and those are the Board’s two options.

 

Ms. Adams stated it is the responsibility of the Board to certify the non-ad valorem special assessment to the Tax Collector by September 15^th; and everyone knows that has passed.  She noted to certify something means it is accurate; as far as money just falling through the cracks, people are still going to receive the benefit of fire services, but not pay for it; and that is not right.

 

Commissioner Nelson inquired if there is an error amount that is allowed; and stated based on what Ms. Adams is saying, the whole thing is void.  Attorney Knox replied the Statute reads that it is to be free from errors and omissions; but there is also a provision that says the Board is allowed to correct it once it has discovered the error; and there is a rule to that affect from the DOR saying if the error is discovered and a notice is sent to the Tax Collector, he can change the roll, and then he sends out the bill.  He stated the problem in this case is that zero has been billed, and now $16.44 is going to be added to a property owner that was not anticipating paying; stated the question becomes whether or not that is going to be valid or a basis for invalidating the whole assessment roll; and before the Board does that, he would suggest it ask the DOR.

 

Chairman Scarborough stated that would be prudent because it sounds like the Board is getting divergent rules that it needs to reconcile; and there has to be someone with authority who can opine on the issue. 

 

Ms. Adams stated the Statute reads it must be certified by September 15^th; that does not mean it is done a week before the 15^th and then errors are found later; the deadline has passed; and the Board is going to pass the budget not knowing if the assessment is valid or not.  She stated she does not care what DOR says; people are going to receive fire services without paying for them; but the people who are paying for it are paying for those who are not paying for it; and that does not make a valid assessment. 

 

Chairman Scarborough inquired if Attorney Knox is suggesting the Board get an opinion from DOR; with Attorney Knox responding yes, the Legislature and the DOR would disagree with Ms. Adams on that, so the Board should ask the DOR what steps it should take to correct it.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to direct County Attorney Scott Knox to request an opinion from the Department of Revenue regarding the approximately 1,800 parcels coded incorrectly in the Fire Assessment Roll.  Motion carried and ordered unanimously.

 

 

William Ferrell stated one thing the County is going to be facing a problem with is  concurrency on a lot of roads from Wickham Road to Minton Road, to S.R. 192, and many other roads; and that is why he is proposing the westerly beltway.  He stated he belongs to the Coalition for the St. Johns Heritage Parkway; the Coalition was done as a private/public partnership; the Coalition could use some money; and he would appreciate the Board’s help.  He stated the concurrency is going to start to shut down business; also, if the Parkway is built and connections are put in, a lot of jobs could be created; it is critical to the Melbourne Airport and a lot of other places to expand; and the Parkway could relieve traffic on all the roads.  He stated it would be more efficient to have additional roadways going in and out for fire and hurricane evacuations; and there needs to be better connectivity in the County. 

 

Patti Generale stated she is a State Farm Agent in Port St. John; she was before the Board a few weeks ago regarding the budget; the Board went ahead and passed the preliminary budget; and she is here again to ask the Board to reconsider it even though there are not 100 people present to protest.  She noted in the last three weeks she has had over 100 people come into her office to take loans out of their life insurance policies to pay for their car insurance; and in some cases, life insurance policies have lapsed.  She stated she has had people come into her office that have been laid off from the Property Appraiser’s Office and the Cape, trying to figure out how to make ends meet; it is up to the Board to provide relief at the local level; and ultimately, all politics are local.  She stated taxes have to be paid out of peoples’ mortgages, pockets, and checkbooks; the Board is saying if there is less people paying, then it has to raise the rates to have more money coming in; but the Board cannot do that.  She advised her income from the wind storm discounts, which allowed everyone a reduction in their homeowners insurance, has caused her to have a 26 percent decrease in income from last year, and 10 percent from the prior year; because of that, she had to layoff three people; and now there are three less people that are able to pay the Board’s taxes because they are on unemployment.  She stated she would like the Board to please consider reducing the budget to a point where it can be affordable;  the Board has had a 25 percent increase in revenues in the last few years; and the Board needs to think about how to make amends for that and live within its means.

 

Commissioner Nelson stated he would like to point out that the Board reduced the budget 10 percent last year; it is being reduced 10 percent this year; and he is confused how it is generating money.  Commissioner Nelson inquired if the budget this year is going to be $200 million less than last year.  Assistant County Manager Stockton Whitten replied the budget goes from approximately $1.3 billion to $1.09 billion.  Ms. Generale inquired what was the budget three or five years ago; and stated it was significantly less.  Commissioner Nelson stated it is 20 percent in the two years that he has been on the Board; and he thinks that is pretty significant.  Ms. Generale stated she agrees it has come down; but it has not come down enough.

 

 

 

Commissioner Colon stated she would like County Manager Peggy Busacca to read where the cuts will come in; and she would also like to reiterate that she did not support the fire assessment; but she wants to be clear that firefighters are heroes. 

 

County Manager Peggy Busacca advised in the Agricultural and Extension Services Department a Secretary was eliminated; in Animal Services, an Administrative position and an Animal Enforcement Officer was eliminated; in the Budget Office, a Budget Specialist I was eliminated; in Central Services, an Operations Specialist Support was reduced to half-time; in the County Attorney’s Office, a Record Management Coordinator was eliminated; in Criminal Justice Services, an Administrative Coordinator was downgraded, a part-time Medical Examiner and a volunteer coordinator were eliminated; in Facilities, there were 10 positions, of which some will be reinstated; in the Fire Department there were six long-term vacant positions that were eliminated; in Housing and Human Services, two Social Workers and a Secretary were downgraded; in Library Services, three temporaries, 12 part-time, and four full-time positions were eliminated; in Parks and Recreation, a total of 41 positions were eliminated; in Permitting and Enforcement, an Engineer I was eliminated; in Planning and Zoning, a Special Projects Coordinator was eliminated; in Road and Bridge, a Maintenance Worker and two Equipment Operators were eliminated; in Tourism, a part-time Tourism Information Assistant and a part-time Office Assistant were eliminated; in Transit, a Transportation Coordinator, a part-time Dispatcher, and a Vehicle Operator were eliminated; in Transportation Engineering, a Secretary, Survey Technician, and an Office Assistant  were eliminated; and in the Utilities Department, two Utility Services Workers, a Utility Maintenance Supervisor, and a Special Projects Coordinator were eliminated.  She stated the reduction in the budget is $200 million and that includes reductions in the Agricultural and Extension Services in the operating expenses; in Animal Services and Enforcement, deferring of animal transport vehicle; deferring a replacement of a fuel site containment vessel in Central Services; a reduction of capital in Criminal Justice Services; a reduction of operating expenses in Emergency Management; a reduction of operating expenses and matching funds, and Medicaid funding for Circles of Care in Housing and Human Services; a reduction of tuition reimbursement and employee relations in Human Resources, along with deferring purchase of computers and projectors, and a reduction in insurance premium payments; in the Law Library there is a reduction in publications; in Library Services the lease of the administration building has been cancelled as well as the cancellation of the online opinion survey, scheduling software, the Reading Festival, modification of the inter-library loan program, talking books and technical processing, a reduction of library media, book processing, office supplies, non-capital equipment and custodial hours; Natural Resources deferred purchases of vehicles, computers and projectors, reduced channel markers and deferred the purchase of watershed monitoring equipment; in Parks and Recreation there was a reduction in grant to Brevard Cultural Alliance in operation and maintenance of EELs lands, operating and capital and operating expenses for South Beaches, community park and community center, Palm Bay Regional Center Cricket Building, South Brevard Senior Center, Wickham Park Equestrian Center, and other non-referendum parks; in Public Works there was a reduction in uniforms, repairs and maintenance, and operating supplies; in SCGTV, capital purchases were deferred; in general government there was a reduction in General Fund contingency; and in Court Facilities there was a reduction in furniture and maintenance services.  

 

Chairman Scarborough noted there were also not wage increases this year; many people requested funding that the Board had to say no to; and stated there were many budget workshops over the year.

 

 

 

Chairman Scarborough called for the public hearing to consider millages and Resolution establishing final millages for 2008-2009. 

 

            Mosquito Control

 

Chairman Scarborough stated the reason why Mosquito Control and Road and Bridge District 2 are unusual is because rather than being reduced, they are staying at last year’s millage; and staying at last year’s millage is going to require that all four Commissioners vote in favor. 

 

The Budget staff advised the Mosquito Control District millage for 2007-2008 is 0.1710 mill; the FY 2008-2009 tentative millage is 0.1827 mill; and the millage generates $6,996,323 for a budget of $8,624,427. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the millage for Mosquito Control District at 0.1827 mill and budget at $8,624,427 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

 

The Budget staff advised the Road and Bridge District 2 MSTU millage for 2007-2008 is 0.2250 mill; the FY 2008-2009 tentative millage is 0.2367 mill; and the millage generates $1,028,033 for a budget of $1,524,705.

 

Commissioner Nelson noted that is to achieve the same level of funding it had this year; it appears to be an increase, but it is to achieve the same level of funding to maintain roads, repair pipes and all the maintenance associated with the District 2 area; and as everyone knows, the District got hit pretty hard with flooding in the last month. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the millage for Road and Bridge District 2 MSTU at 0.2367 mill and budget at $1,524,705 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            General Fund

 

The Budget staff advised for the General Fund, the FY 2007-2008 millage is 3.6440 mills; the FY 2008-2009 tentative millage is 3.7193 mills; and advised the millage generates $141,638,576, for a budget of $218,888,022.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the millage for the General Fund at 3.7193 mills, and budget at $218,888,022 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Free Public Library District

 

The Budget staff advised the Free Public District millage for FY 2007-2008 is 0.4699 mill; the FY 2008-2009 tentative millage is 0.4421 mill, and the millage generates $16,929,799, for a budget of $21,724,453.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the millage for Free Public Library District at 0.4421 mill, and budget at $21,724,453 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Fire Control MSTU

 

The Budget staff advised the Fire Control MSTU millage for FY 2007-2008 is 0.6322 mill; the FY 2008-2009 tentative millage is 0.6187 mill; and the millage generates $10,799,494 for a budget of $14,193,033.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the millage for Fire Control MSTU at 0.6187 mill and budget at $14,193,033 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Recreation District #1 MSTU

 

The Budget staff advised the Recreation District 1 MSTU millage for FY 2007-2008 is 0.4922 mill; the FY 2008-2009 tentative millage is 0.4650 mill; and the millage generates $2,320,714 for a budget of $12,003,102.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the millage for Recreation District #1 MSTU at 0.4650 mill and budget at $12,003,102 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Recreation District #4 O&M

 

The Budget staff advised the Recreation District #4 O&M millage for FY 2007-2008 is 0.3947; the FY 2008-2009 tentative millage is 0.3725; and the millage generates $1,530,490 for a budget of $6,778,100. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the millage for Recreation District #4 O&M at 0.3725 mills and budget at $6,778,100 for FY 2008-2009.  Motion carried and ordered unanimously.

 

            TICO Airport Authority

 

The Budget staff advised the TICO Airport Authority millage for FY 2007-2008 is 0.0000 mill; the FY 2008-2009 tentative millage is 0.0000; and the millage generates $0 for a budget of $1,939,463.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the millage for TICO Airport Authority at 0.0000 mill and budget at $1,939,463 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Law Enforcement MSTU

 

The Budget staff advised the Law Enforcement MSTU millage for 2007-2008 is 0.9097 mill; the FY 2008-2009 tentative millage is 0.9047 mills; and the millage generates $14,835,361 for a budget of $16,567,300.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the millage for Law Enforcement MSTU at 0.9047 mill and budget at $16,567,300 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Road and Bridge District 1 MSTU

 

The Budget staff advised the Road and Bridge District 1 MSTU millage for FY 2007-2008 is 0.4249 mill; the FY 2008-2009 tentative millage is 0.4005 mill; and the millage generates $1,109,511 for a budget of $2,754,244.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the millage for Road and Bridget District 1 MSTU at 0.4005 mills and budget at $2,754,244 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Road and Bridge District 3 MSTU

 

The Budget staff advised the Road and Bridge District 3 MSTU millage for FY 2007-2008 is 0.3528 mill; the FY 2008-2009 tentative millage is 0.3322; and the millage generates $605,749 for a budget of $989,726.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the millage for Road and Bridge District 3 MSTU at 0.3322 mill and budget at $989,726 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Road and Bridge District 4 MSTU

 

The Budget staff advised the Road and Bridge District 4 MSTU millage for FY 2007-2008 is 0.2770 mill; the FY 2008-2009 tentative millage is 0.2618 mill; and the millage generates $1,183,888 for a budget of $2,019,346.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the millage for Road and Bridge District 4 MSTU at 0.2618 mill and budget at $2,109,346 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Road and Bridge District 5 MSTU

 

The Budget staff advised the Road and Bridge District 5 MSTU millage for FY 2007-2008 is 0.3837 mill; the FY 2008-2009 tentative millage is 0.3597 mill; and the millage generates $554,489 for a budget of $976,468.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the Road and Bridge District 5 MSTU at 0.3597 mill and budget at $976,468 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Road and Bridge District 4 North Beaches MSTU

 

The Budget staff advised the Road and Bridget District 4 North Beaches MSTU millage for FY 2007-2008 is 0.3028 mill; the FY 2008-2009 tentative millage is 0.2856 mill; and the millage generates $154,020 for a budget of $1,084,598.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the millage for Road and Bridge District 4 North Beaches MSTU at 0.2856 and budget at $1,084,598 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Road and Bridge District 4 South Merritt Island MSTU

 

The Budget staff advised the Road and Bridge District 4 South Merritt Island MSTU millage for FY 2007-2008 is 0.1297 mill; the FY 2008-2009 tentative millage is 0.1229; and the millage generates $18,443 for a budget of $203,999.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the Road and Bridge District 4 South Merritt Island MSTU at 0.1229 mill and budget at $203,999 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Environmentally Endangered Land (1991)

 

The Budget staff advised the Environmentally Endangered Land (1991) millage for FY 2007-2008 is 0.0364 mill; the FY 2008-2009 tentative millage is 0.0343 mill; and the millage generates $1,313,486 for a budget that is non-applicable.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the millage for Environmentally Endangered Land (1991) at 0.0343 mill and a budget that is non-applicable.  Motion carried and ordered unanimously.

           

 

            Environmentally Endangered Land (2004)

 

The Budget staff advised the Environmentally Endangered Land (2004) millage for FY 2007-2008 is 0.0330 mill; the FY 2008-2009 tentative millage is 00.311 mill; and the millage generates $1,190,945 for a budget that is non-applicable.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the millage for Environmentally Endangered Land (2004) at 0.0311 mill and the budget that is non-applicable.  Motion carried and ordered unanimously.

 

 

            Port St. John/Canaveral Groves Recreation MSTU

 

The Budget staff advised the Port St. John/Canaveral Groves Recreation MSTU millage for FY 2007-2008 is 0.1844 mill; the FY 2008-2009 tentative millage is 0.1736 mill; and the millage generates $165,531 for a budget that is non-applicable.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the millage for Port St. John/Canaveral Groves Recreation MSTU at 0.1736 mill for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            North Brevard Special Recreation District

 

The Budget staff advised the North Brevard Special Recreation District millage for FY 2007-2008 is 0.2203 mill; the FY 2008-2009 tentative millage is 0.2084 mill; and the millage generates $739,459 for a budget that is non-applicable.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the millage for North Brevard Special Recreation District at 0.2084 mill for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Merritt Island Recreation MSTU

 

The Budget staff advised the Merritt Island Recreation MSTU millage for FY 2007-2008 is 0.2683 mill; the FY 2008-2009 tentative millage is 0.1805 mill; and the millage generates $614,461 for a budget of $5,643,321.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the millage for Merritt Island Recreation MSTU at 0.1805 mill and budget at $5,643,321 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            South Brevard Special Recreation District

 

The Budget staff advised the South Brevard Special Recreation District millage for FY 2007-2008 is 0.2287 mill; the FY 2008-2009 tentative millage is 0.2153 mill; and the millage generates $4,654,854 for budget of $17,687,514.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the millage for South Brevard Special Recreation District at 0.2153 mill and budget at $17,687,514 for FY 2008-2009.  Motion carried and ordered unanimously.

 

            Environmentally Endangered Lands Debt (1991)

 

The Budget staff advised the Environmentally Endangered Lands Debt (1991) millage for 2007-2008 is 0.1679 mill; the FY 2008-2009 tentative millage is 0.1679; and the millage generates $6,429,571 for a budget that is non-applicable.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the millage for Environmentally Endangered Lands Debt (1991) at 0.1679 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Environmentally Endangered Lands Debt (2004)

 

The Budget staff advised the Environmentally Endangered Lands Debt (2004) millage for 2007-2008 is 0.0988 mill; the FY 2008-2009 tentative millage is 0.0988; and the millage generates $3,783,452 for a budget that is non-applicable. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the millage for Environmentally Endangered Lands Debt (2004) at 0.0988 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Port St. John/Canaveral Groves Recreation Facility MSTU Debt

 

The Budget staff advised the Port St. John/Canaveral Groves Recreation Facility MSTU Debt millage for 2007-2008 is 0.4136 mill; the FY 2008-2009 tentative millage is 0.4136; and the millage generates $394,376 for a budget that is non-applicable.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the Port St. John/Canaveral Groves Recreation Facility MSTU Debt millage at 0.4136 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            North Brevard Special Recreation District Debt

 

The Budget staff advised the North Brevard Special Recreation District Debt millage for FY 2007-2008 is 0.5797 mill; the FY 2008-2009 tentative millage is 0.5797 mill; and the millage generates $2,056,931 for a budget of $2,396,458. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the North Brevard Special Recreation District Debt millage at 0.5797 mill and budget at $2,396,458 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            Merritt Island Recreation MSTU Debt

 

The Budget staff advised the Merritt Island Recreation MSTU Debt millage for FY 2007-2008 is 0.5317 mill; the FY 2008-2009 tentative millage is 0.6186 mill; and the millage generates $2,105,849 for a budget of $2,177,748.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the Merritt Island Recreation MSTU Debt millage at 0.6186 and budget at $2,177,748 for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

            South Brevard Special Recreation District Debt

 

The Budget staff advised the South Brevard Special Recreation District Debt millage for FY 2007-2008 is 0.3713 mill; the FY 2008-2009 tentative millage is 0.3713 mill; and the millage generates $8,027,624 for a budget of $10,854,466.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the South Brevard Special Recreation District Debt millage at 0.3713 mill and budget at $10,854,466 for FY 2008-2009.  Motion carried and ordered unanimously. 

 

 

            Fire Control MSTU

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to reconsider the Fire Control MSTU.  Motion carried and ordered unanimously.

 

 

The Budget staff advised the Fire Control MSTU millage for FY 2007-2008 is 0.6316 mill; the FY 2008-2009 tentative millage is 0.6187 mill; and the millage generates $10,799,494 for a budget of $14,193,033.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the Fire Control MSTU millage at 0.6187 mill and budget at $14,193,033.  Motion carried and ordered unanimously. 

 

Chairman Scarborough called for the public hearing to consider a resolution establishing the final budget for FY 2008-2009.

 

Chairman Scarborough advised County Manager Peggy Busacca met with Frank DiBello and Marshall Heard regarding working Leigh Holt into having a liaison in Washington D.C.;  the  positions are tremendously  dynamic;  and things are  more dynamic now with NASA than they have ever been. He stated Presidential Candidate Barack Obama has made a statement asking for every option available; first, he asks from Congress to give a waiver for the Iran/North Korea and Syria non-proliferation Act so Soyuz can be used; stated then he is asking to extend the Shuttle Program beyond 2010; the dynamics are changing; and both candidates are saying Mike Griffin is gone.  He stated Ms. Holt has created a rapport with the Delegation; and the Board will be informed with Ms. Holt, Mr. Heard and Mr. Solid in Washington D.C.  He stated Mr. DiBello has said it is neutral cost-wise between being in Bob Walkers Office or the Governor’s Office; if there is no cost differential he would prefer to move it to Mr. Walker’s Office; and the Board should let Mr. Heard and Mr. DiBello make the call, as they will be traveling there soon. 

 

Commissioner Bolin stated in reviewing what was on paper, she thought it was agreeable; and where they are housed is a judgment call.  She stated it is a good start and the Board has the ability to do it; and she is in agreement.

 

Chairman Scarborough stated there are going to be some opportunities for the Board to create some programs for the seniors; he does not want to get into a budget discussion tonight about the dynamics, but the Board has some opportunities to do some things at minimal cost; and he has been told that things less than $100,000, the Board can have a program discussion at a budget workshop. 

 

Interim Budget Director Elizabeth Swanke read aloud the action paragraph of resolution adopting final budget for FY 2008-2009 in the amount of $1,095,718,332.

 

Motion by Commissioner Nelson, seconded by Chairman Scarborough, to adopt Resolution adopting final budget for FY 2008-2009 pursuant to Florida Statutes, Chapter 200.  Motion resulted in a tie; Commissioners Bolin and Colon voted nay. 

 

 

Attorney Knox stated the Board can wait for a third vote, or if there is no budget by October 1, 2008, the Board can spend on the tentative budget until it gets one; and the Board can continue the public hearing until after 5:00 p.m. some other evening. 

 

Chairman Scarborough inquired if Commissioner Voltz can be located, can her vote count by phone; with Attorney Knox responding yes, if she can be reached. 

 

Chairman Scarborough inquired what is the difference in what the Board just voted on and the tentative millages that was passed earlier.  Ms. Swanke replied the total budget was increased by the amount of Transit Services received at the 18^th Workshop because that was an inter-fund transfer, so that was an increase, but it is mostly moving dollars around, and not adding new dollars to the budget.  Chairman Scarborough stated at the last Workshop the Board allocated approximately $1 million to different things.  Ms. Swanke advised the Board allocated approximately $200,000 to additional services for Housing and Human Services; and there was a request to increase the frequency of Route 1 for Transit Services for $350,000.  Chairman Scarborough stated if either Commissioner Bolin or Commissioner Colon find that they want to amend what the Board did at the previous Workshop, so their vote would go with his and Commissioner Nelson’s,  then  the budget  may be adopted this evening.  Commissioner Bolin stated at the very beginning she stated it would be most prudent to put the $1 million the Board had into the bank; and she has stuck to that statement during the entire budget process. She stated she would like to take the $1 million off the table and put it in reserves so the Board would be able to look at it at a later date to fund any needs; there are too many moving parts; and the Board has to get ready for a rainy day. 

 

Chairman Scarborough stated the Board took $1 million from reserves and put it in Road and Bridge so culverts could be repaired and capture FEMA monies; and inquired if that is something that is off the table as well.  Commissioner Bolin stated the Board just discussed the $350,000 for the Space Transit, and $200,000 for Housing and Human Services.  County Manager Peggy Busacca advised the changes that were made were an additional $78,900 to maintain current funding level for the Economic Development Commission; the elimination of the Grant Coordinator position for $59,534 was reinstated; stated there was $200,000 to Housing and Human Services for additional resources for the Community Action Team; $350,000 for the frequency of Route 1; the reinstatement of a full-time custodial position in the Agricultural Extension Services for $21,000; and reinstatement of a deleted vacant Animal Enforcement position for $46,000.  Chairman Scarborough stated he does not remember if Commissioner Bolin voted for increasing the fees for Animal Enforcement.  Commissioner Bolin advised she voted against increasing the fees.  Ms. Busacca noted there was also the SCGTV position for $51,000; and then there was putting some additional money into Facilities of $300,000.  Chairman Scarborough inquired if there are any changes Commissioner Bolin would go along with.  Commissioner Bolin inquired how much does the EDC have out of the $1 million; with Mr. Whitten responding $78,950.  Mr. Whitten stated the $78,950 was included in the Board’s tentative budget.  Commissioner Bolin stated she is solid on having the $1 million in the bank. 

 

Commissioner Colon stated she does not have a problem with anything that was added; she requested an increase to the firefighters and deputies; and she asked that it not add anymore additional cuts. 

 

Ms. Busacca advised staff has tried to contact Commissioner Voltz, and her cell phone went to voice mail. 

 

Commissioner Nelson stated it is disappointing to him because Commissioner Bolin voted for some of the items before; and if the Board was going to have this discussion, it should have had it before today.  He stated Commissioner Bolin is closing down the 4-H Programs with her decision; additional assistance is not being funded to the Housing and Human Services Department; maintenance of County facilities is not being funded; and it is troubling to him that Commissioner Bolin would do that. 

 

Chairman Scarborough stated each Commissioner answers to the public and each Commissioner has her or his own conscious, so that is for each to measure.  Chairman Scarborough stated he does not think the Board is going to come to a consensus this evening because the Board is further apart than he had hoped. 

 

Commissioner Bolin stated she did vote no on those items Commissioner Nelson referred to.   Commissioner  Nelson  inquired if  Commissioner  Bolin  voted  against  the Agriculture and Extension Center.  Commissioner Bolin stated the Agricultural Center was not on the list; but that is her stand.

 

Ms. Busacca advised because Commissioner Voltz is not present, she has a suggestion; should the Board not adopt a budget tonight, it is possible to bring each of these back as a change to the Budget and individual decisions could be made on those individually. 

 

Chairman Scarborough inquired if the Board has to continue the item.  Attorney Knox advised until the Board adopts a budget, it has to continue the public hearings, so it would have to be continued to a night meeting.  Chairman Scarborough stated it is not a public hearing, as the Board already passed the public hearing portion.  Attorney Knox stated to be safe, the Board should continue it as a public hearing. 

 

Commissioner Colon stated she would reconsider her vote.

 

Motion by Commissioner Nelson, seconded by Chairman Scarborough, to adopt Resolution No. 08-206, adopting final budget for FY 2008-2009 pursuant to Florida Statutes, Chapter 200.  Motion carried and ordered; Commissioner Bolin voted nay. 

 

 

 

Chairman Scarborough called for a public hearing to consider resolutions adopting final millages for Dependent Special Taxing Districts for FY 2008-2009.

 

The Budget staff advised of the final millages and budgets for all the Dependent Special Taxing Districts for FY 2008-2009, as follows:

 

Free Public Library                                                                  0.4421 mill       $16,929,799

Mosquito Control District                                                        0.1827 mill           6,996,323

Recreation Special District 4 O&M                                         0.3725 mill          1,530,490

Titusville-Cocoa Airport Authority                                            0.0000                               0

South Brevard Recreation Special District – Operating         0.2153 mill           4,654,854

South Brevard Recreation Special District – Debt                 0.3713 mill           8,027,624

North Brevard Recreation Special District – Operating         0.2084 mill              739,459

North Brevard Recreation Special District – Debt                  0.5797 mill           2,056,931

 

Motion by Commissioner Bolin, seconded by Chairman Nelson, to adopt Resolution adopting final millage of 0.4421 mill for Free Public Library Distrcit for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution adopting final millage of 0.1827 mill for Mosquito Control for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution adopting final millage of 0.3947 for Recreation Special District 4 O&M for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution adopting final millage of 0 mill for Titusville-Cocoa Airport Authority for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution adopting final millage of 0.2153 for South Brevard Recreation Special District Operating for FY 2008-2009 and final millage of 0.3713 for South Brevard Recreation Special District Debt for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution adopting final millage of 0.2084 for North Brevard Recreation Special District Operating for FY 2008-2009 and final millage of  0.5797 for North Brevard Recreation Special District Debt for FY 2008-2009.  Motion carried and ordered unanimously.

 

 

 

Interim Budget Director Elizabeth Swanke read aloud the title and action into the record as follows: 

 

Resolution to adopt the final millages pursuant to Chapter 200, Florida Statutes, authorizing the Board of County Commissioners to adopt the final millages for FY 2008-2009 and providing and effective date; the Board adopted each individual millages; this does not change the aggregate millage from what was presented earlier; the aggregate rollback rate is 6.161; the aggregate adopted rate is 5.4720 mills; and the percentage change from the aggregate rollback rate is -10.53 percent; and the percentage change from the aggregate current rate is .46 percent.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution No. 08-205, adopting final millages for FY 2008-2009 pursuant to Florida Statutes Chapter 200.  Motion carried and ordered unanimously. 

 

 

 

Interim Budget Director Elizabeth Swanke read aloud the final budgets for Dependent Special Districts for FY 2008-2009 as follows:

 

Brevard County Free Public Library District                                                   $21,724,453

Brevard Mosquito Control District                                                                       8,624,427

Brevard County Recreation Special District IV O&M                                         6,778,100

Titusville-Cocoa Airport Authority                                                                        1,939,463

South Brevard Recreation Special District                                                       28,541,980

North Brevard Recreation Special District                                                         2,396,458

Merritt Island Redevelopment Agency                                                                4,286,275

Barefoot Bay Water and Sewer District                                                             5,024,863

Melbourne-Tillman Water Control District                                                          2,876,005

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution approving final budget for Free Public Library District at $21,724,453.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution approving final budget for Mosquito Control District at $8,624,427.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution approving final budget for Recreation Special District 4 Operations and Maintenance at $6,778,100.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution approving final budget for Titusville-Cocoa Airport Authority at $1,939,463.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution approving final budget for South Brevard Recreation Special District at $28,541,980.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution approving final budget for North Brevard Recreation Special District at $2,396,458.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution approving final budget for Merritt Island Redevelopment Agency at $4,286,275.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution approving final budget for Barefoot Bay Water and Sewer District at $5,024,863.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution approving final budget for Melbourne-Tillman Water Control District at $2,876,005.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough called for the public hearing to consider permission to execute TRIM compliance forms.

 

There being no comments heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to authorize the Assistant County Manager for Management Services to execute the Florida Department of Revenue Form DR-487, “Certification of Compliance with Sections 200 and 218, Florida Statutes”; Forms DR-420, “Certification of Taxable Value”; Forms DR-420C, “County Maximum Millage Levy Calculation”; Forms DR-420TIF, “Tax Increment Adjustment Worksheet”, Form DR-420I, “Independent Special District Maximum Millage Levy Calculation”; and Forms DR-422, “Certification of Final Taxable Value”.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the Capital Improvements Program for Fiscal Years 2008-2009 through 2012-2013.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough stated a while ago the County had a hiring freeze and froze wages; but it was never as bad as it is now; and Commissioner Bolin and Commissioner Nelson became Commissioners at a very difficult time.  He stated the Board is cutting back on things people value; and there is a lot of good staff members trying to keep reduced budget without having it harm what the public expects from government; and he would like to applaud County staff. 

 

Commissioner Colon stated the last eight years have been incredible; she appreciates staff; it is not just the State of Florida experience difficult times, it is the entire Nation; and thanks to the hard work by staff, the budget process went smoothly. 

 

Commissioner Nelson stated he would also like to thank County staff because it is a difficult process; and it puts a strain on staff.  He stated the Board has cut the budget 20 percent in two years, and people are still upset; in looking at the history of Brevard County, there is no other period of time where that has occurred; and it has been difficult because as the Board heard tonight, people want the budget cut more.  He stated he looked at his own tax bill; his taxes went down $132; his assessment went up by $5,000, so it offset some of that; and it just points to the fact that there are people who are harmed  by  the  State  tax system.  He advised the difficult thing for him is that there is a process the Board follows that is a calculation; he cannot reduce or increase the value of a property; and the Board has a system that penalizes a certain segment of the population.   He stated the Board was in a position this year to cut voter-approved programs; and that is a difficult thing because one vote of the public said to do something that was also approved; and that is a difficult position to be in; and he thinks the Board has done a good job in terms of dealing with the issue.  He stated he believes it will be more difficult next year because there is one more year of reduced valuation throughout the County; but he believes the Board has done a remarkable job; and the thanks his fellow Board members for their help.  Commissioner Bolin stated she would like to thank all the Department Directors who worked with her and answered a lot of her questions in a straight forward fashion.

 

Upon motion and vote, the meeting was adjourned at approximately 7:23 p.m.

 

 

 

                                                                        _________________________________

                                                                        TRUMAN SCARBOROUGH, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                         BREVARD COUNTY, FLORIDA

 

 

 

___________________

SCOTT ELLIS, CLERK 

 

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