MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

July 19, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in special session on July 19, 2007 at 9:01 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were: Chairperson Jackie Colon, Commissioners Truman Scarborough, Chuck Nelson, Helen Voltz, and Mary Bolin, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

 

Chairperson Colon inquired if page 13 has been revised; with County Manager Peggy Busacca responding no, staff has not made any changes.  Chairperson Colon stated she had asked to make sure it was across-the-board and she brought it to Mr. Whitten’s attention; it seems like everything was adjusted, but the Board’s Operating budget was not; and she specifically mentioned the page it was on. 

 

 

 

Commissioner Nelson stated his office has been contacted by a number of people associated with an agenda item that is going to be on the Tuesday, July 24, 2007 meeting; the item is a Comprehensive Plan submittal; and inquired if it is possible to have a time certain for that item, as it is going to be the most contentious item on the agenda.  He advised he expects there will be a number of citizens from the community; and stated it would be helpful to have a time certain.  Chairperson Colon stated she spoke to the citizens yesterday and they said they did not have a problem; and Commissioner Nelson may want to call Mr. Pettit.  Commissioner Nelson stated he is not talking about Mr. Pettit’s item; that is a dredging issue and he agrees with Chairperson Colon on letting it stay where it is on the agenda.  Commissioner Nelson advised the item he is referring to has been through the CRG and Planning and Zoning; the Board has had numerous emails, and he expects the citizens will be present; and those were the folks who asked if the Board could give a time certain.  Chairperson Colon stated the Board has talked about time certains before; she asked the Board if it was comfortable with how the meetings have been going during the last nine months; and the Board felt the meetings have been going very smoothly.  She stated she would hate to give a time certain now because the meetings have been very smoothly and are usually over by 12:00 p.m.; and the Board can play it by ear because she would not want to give a time certain and then have the Board come back just for a time certain.  Commissioner Nelson inquired if the Board is ever going to have another time certain; with Commissioner Voltz responding it is up to the Chair.  Chairperson Colon stated if the Board sees it is starting to back up she will ask the Board to be sensitive to that.  Commissioner Scarborough stated it has always been the Chair’s prerogative; he would prefer not to have time certains and not afford people with minimal issues time certains; and there once  were  so  many time  certains  that  they were  not  time certains anymore.  Commissioner

 

Voltz noted the item has been turned down by both advisory boards; she is not sure the Commission is going to support it; and she is not sure the dialogue is going to be too long.

 

Commissioner Voltz stated she is hosting a meeting on Monday, July 23, 2007 and Commissioner Bolin has said she would like to go; it has not been advertised as a public hearing or a public meeting; it was in the newspaper, although that is not the same as advertising; and inquired if the meeting needs to be advertised; with County Attorney Scott Knox responding affirmatively.  Commissioner Voltz stated the meeting is to address a program called AMER-I-CAN; it is to address the crime and drugs in the South Melbourne area; Dr. DiPatri has agreed to let the program to be in the school system; and former professional football player, Jim Brown, is coming to present the program.  She noted the meeting will be at the American Legion on the corner of Line Avenue and U.S. 1; while it is an open meeting, there will be a box lunch; invitations were sent out; and anyone interested in the program is welcome to come to the presentation.

 

Commissioner Bolin stated it is a topic she is concerned with in her District as well.  Commissioner Voltz advised the Cities of Melbourne, Palm Bay, and Satellite Beach are also involved, along with the Police Departments and Sheriff’s Office. 

 

 

 

Commissioner Bolin noted there was a successful groundbreaking yesterday morning at the intersection of Barnes Boulevard and Fiske Boulevard; the construction is to begin on Monday, July 23, 2007; and it is an excellent partnership between the City of Rockledge, Brevard County and the Florida Department of Transportation.  She stated former Commissioner, Sue Carlson and her Aide, Duwayne Lundgren were instrumental in coordinating the project.

 

 

 

Suzanne McQuagge stated she is here on behalf of the Young Lawyers Division of the Brevard County Bar Association; it has recently come to their attention that budget constraints may affect the Law Library; and everyone is concerned about that.  She noted she is not sure if the library is going to move or change locations; or if the collection is going to be downsized or disbursed to public libraries throughout the County; and either way, those options are concerns of the Young Lawyers Division and it feels the library should maintain its current location in the Moore Justice Center.  She advised the collection in the library is very helpful to the Young Lawyers Division; the librarians are extremely helpful with attorneys who are new in the community; and it is a great benefit and asset to the public citizens and the pro-se persons who do not have attorneys.  She advised she has passed around a petition; it was on short-notice, but everyone spoken to was unaware of the situation and was willing to sign the petition; and she knows there could be more signatures if there was more time. 

 

 

 

Attorney Brian Onek stated he is on the Law Library’s Board of Trustees.  He stated there is a Legislation Special Act that mandates the Law Library stay in the courthouse; the Board cannot move it, as it is Legislation that says it has to stay there per Chapter 2002-368 House Bill No. 1031; and if the Board wants to move it, it cannot.  He stated there is a contract that exists between the County and the Law Library Board of Trustees that says the County will pay for the salaries, the books, and maintenance of the Law library; and that contract has been in effect since 1985.  Mr. Onek noted the Board had until July 1, 2007 to cancel the contract and it did not do so; and therefore, it is obligated to keep paying for the Law Library.  He stated it is his position that the books belong to the Board of Trustees; and the Board cannot disburse them to a public library, as they do not belong to the Board.  He advised if the Board disagrees with what he is saying, the Law Library Board of Trustees would take appropriate legal action if it saw fit.  He stated there seems to be a misunderstanding that lawyers have Internet access and therefore do not need the Law Library; 98 percent of attorneys who go to court do not have the Internet; and when the judge asks about an issue during a trial the attorneys have to run down to the Law Library, as it is the only place to get answers to the judge’s question in a timely fashion.  He stated there seems to be a misunderstanding that lawyers have Internet access from their offices and can download information on a case; but that is not always true because some lawyers can only get State Statutes; and if they want federal or out-of-state information, they need to go to the Law Library.

 

 

 

David Paterno stated he did not realize the Board may not be taking up the issue of the Historical Commission at this workshop; and he is reacting to something that had been said in a previous meeting.  He noted under the present Director, the Historical Commission has grown considerably; the facilities have grown and so have all of the materials and artifacts; the Historical Commission has a large set of material and artifacts at Byrd Plaza; and it takes a lot to administrate them.  He stated the Historical Commission understands what the budget cuts are for and understands what is happening in terms of administration; and the Historic Commission asks the Board for continued support to administrate what it has now, particularly with the current Director. 

 

 

 

County Manager Peggy Busacca stated the Board has been provided with a short memo relating to the history of commercial paper and the amount of commercial paper that has been issued by the County for the last six years.  She advised the second piece of information provided to the Board is a summary that was requested by the Board; staff has tried to make it as easy to follow as possible; it is in the same format the Board is accustomed to seeing; the information is contained in both Attachment A and Attachment B of the proposed budget; and items in red ink are decisions that have been made by the Board of County Commissioners.  Commissioner Voltz stated if the Board wants to keep one thing, it needs to find money somewhere else to fund it; with Ms. Busacca responding that is correct.  Chairperson Colon inquired what are the total cuts left in black ink.  Budget Director Dennis Rogero stated the total is $4 million for which the Board has not made a decision.  Commissioner Scarborough stated the Board has been moving things above and below the line; with the courts, the Board has kept $1.2 million  above  the line  as being funded; if it makes a decision today, it will affect it; and the Board is not only talking about things below the line but also what things the Board has not affected that are still above the line it is funding.  Ms. Busacca stated the information she is providing the Board is the amount it has funded; the list does not include is the $1 million the Board decided not to put in reserves; the Board has not decided where that is; and it simply said to not put it in reserves.  Commissioner Scarborough inquired if the jail’s Fourth Tent and ten  positions are included; with Ms. Busacca responding they are included in the proposed budget. Commissioner Scarborough inquired if that means he does not have to find another $640,000 to do that, because it is above the line; with Ms. Busacca responding that is correct.  Commissioner Scarborough stated it is confusing; sometimes an unfunded item was below the line and after the conversation the other day, it is above the line, which means the Board is funding more; and the Board has also found the monies to fund more things that have come above the line.  Commissioner Voltz inquired what Commissioner Scarborough means by something being above the line; with Commissioner Scarborough responding it is being shown as being funded.  Commissioner Bolin advised such as the $1 million from yesterday, and another funding source that might be coming up; and she would like the Board to use that for a certain purpose.  She stated she has a goal she mentioned yesterday of $1.8 million; and that is going to be in her conversation when the Board talks about salaries.  Chairperson Colon stated in the past the Board had $17 million worth of cuts; the only thing the Board has actually cut was $4.5 million, plus another $1 million; and if the Board has taken those out, then whatever is remaining should be the balance of that.  She stated it was reduced because the Directors are looking at smaller cuts than two weeks ago; and that is why the number is different.  Mr. Rogero advised the $4 million remaining to be voted on excludes all of the actions the Board has already voted upon, including the libraries and Parks and Recreation, and excludes the $8 million in other actions, which includes the Facilities reduction in General Fund for courts projects.  He advised what remains for the Board to make a decision on, absent whatever the Board may additionally consider after discussions today, is $4 million; and those are the items in black on the list. 

 

Ms. Busacca stated $17 million was always a guess; and until staff had completed the entire budget, it never saw that as anything more than a ballpark number.  She advised the total number of reductions that have been required is shown in the total on page nine; the list in front of the Board is a total of $12 million; and the total in other actions is $8 million for a total reduction of $21 million.  She stated the $12 million is contained here; the Board has made $8 million worth of decisions; and there are $4 million of undecided cuts in the document.  She stated if all of the information on the list is decided upon, there will be a balanced budget; and if the Board decides it does not want one of the projects to be cut, then it will have to give staff an amount from somewhere else to balance the budget.  Commissioner Voltz stated today the Board could look at all of the cuts in black and say it is going to make a decision to cut all of them; and that will give the Board the $21 million.  Ms. Busacca stated yes, except for the unallocated $1 million.  Commissioner Voltz stated at that point it may be easier for the Board to go back and say now that it has cut all these things, it can go back and see what it wants to keep and put back in the budget.  Ms. Busacca stated yes, that is one way to do that. Chairperson Colon stated the question she asked the other day was to make sure that was the total; now the Board is asked to do the math, versus the math having already been in front of it; and that is very frustrating because she wants to look at how much is there in cuts.  She noted she knows staff does math in a certain way, but it is easier for the Board to see it in black and white. 

 

 

 

Assistant County Manager Stockton Whitten stated the Board directed staff to come back with options to consider for court facilities; and noted the Clerk of Courts, the Court Administrator, and representatives from both the Public Defender’s and State Attorney’s Office are present. 

 

Mark Van Bever, Court Administrator, stated today 94 percent of courtrooms are scheduled; one judge is on vacation; every other courtroom is scheduled, with 83 percent of those being scheduled all day; and related to next week, 100 percent of the courtrooms are scheduled with 91 percent scheduled all day.  He stated in addition to that, there is one trial with no place to be heard at this time; and that gives the Board an idea of the utilization of the courtrooms.  He advised more importantly, the Supreme Court previously certified two additional judges; yesterday at 4:44 p.m. he received the latest calculations; and now the Supreme Court estimates four judges, which greatly increases the chance that at least two will be funded. Commissioner Scarborough stated the State pays for the judicial side; the County pays for the facilities; the more judges there are, the more cases that are moved through; and that is good news. 

 

Clerk of Courts Scott Ellis stated if the Board wants room for another judge, it can upgrade the courtroom in the jail and put a judge in that courtroom full-time, which was requested when he was on the Commission 14 years ago; there are two judicial suites on the west side of the second floor in the Moore Justice Center; and those could be reestablished as judicial suites.  He stated the Clerk’s Office’s desire is to keep the Law Library; he does not see any point in moving it; and it is not only attorneys who use the Law Library, as many people are also sent from his office that are seeking advice.  He noted there is additional space that is open in the expansion on the first and second floor of the new wing; that space is office space, it is not dedicated as anything other than office space; and it could be used for people coming from judicial suites.

 

Commissioner Voltz inquired how many square feet that is; with Mr. Ellis responding Mr. Quickel would have to answer that; but on the second floor office space was put in during the expansion.

 

Steve Quickel, Facilities Department Director, stated he cannot give a specific square footage because the second floor contained courtrooms that were built out; and then the necessary supporting space was added for the Court Administration, Sheriff, Inmate Containment, and those types of things.  He noted the first floor is predominantly an area for the Clerk of Courts to expand into for all of its operations.   Mr. Ellis advised the first floor is 50/50; and the second floor has office space on both sides of the corridor that runs north and south. 

 

Mr. Quickel stated there is approximately 1,200 square feet on the first floor that is being set aside for Court Administration; and everything going in there now with the expansion is necessary to support the addition of the courtrooms.  He stated one thing staff looked at was the possibility of stopping the construction now and converting some of that area into an additional courtroom; and the County would spend a lot of money to tear out new construction.  He advised the second floor is completed; the only remaining work to be done in the expansion phase is on the first floor; and there is going to be work to convert some of the Sheriff’s areas into other space and relocate the Sheriff.  He stated he cannot tell the Board if it is practical to consider reconfiguring those spaces there now; and that is why staff went back and looked at the Law Library and some other places in the building for conversion.

 

Commissioner Voltz inquired if the Board has known for a long time that there is a possibility of getting one or two judges, why was that not anticipated into the construction to begin with; with Mr.  Quickel responding the addition that is there now is for two additional judges; a year ago, Facilities was looking  at an addition for the  Public Defender and State Attorney; and his recollection is that once staff started looking at the scope of space that would be needed for them, it became more definitive that Facilities would need to provide some additional space for one or two judges.  Mr. Quickel stated a decision was made to look at an expansion onto the Justice Center again to put in the two additional courts that are needed and relocate the State Attorney and supporting operations.   He stated it did not start off as a solution to needing two additional courtrooms; and that came after the process was in motion of looking for space for the State Attorney and the Public Defender and/or other Board offices within the Viera Complex.

 

Mr. Ellis advised courtrooms cannot be put on the first floor, as it violates the security design of the courthouse.  Commissioner Voltz inquired if it could have been put on one of the other floors if it had been planned appropriately; with Mr. Ellis responding no; every floor has two courtrooms; and that is all that will fit.  He noted the Board could have had three judicial suites on the second, third, and fourth floor, but instead what was put in was a Hearing Room; and that was built instead of the extra judicial suite on the second, third, and fourth floor.  Chairperson Colon inquired if Mr. Ellis thought it was unwise for the Board to spend money on the expansion to be able to accommodate the judges, the Public Defenders Office, and the State Attorney’s Office; with Mr. Ellis responding no.  Mr. Ellis advised courthouse space is significantly more money than office space; if the Board wants space for the State Attorney and Public Defender, he would think the preferred solution is to build them an office building on the south side of the parking lot; if it is built at the courthouse, everyone coming to work must come in and out of security of the courthouse; and everyone who visits the Public Defender and State Attorney must come in and out of the courthouse as well.  He inquired if judges come, is the space going to be torn out and then courtrooms built versus just building office space; and stated then at the Government Center Building D may open up, and that can be handed off to whoever the Board wants.  He advised if the Board is going to build office space, it should build it as office space and not court space.

 

Chairperson Colon inquired what is Mr. Ellis’ recommendation in regards to the two judges that are coming to Brevard County.  Mr. Ellis responded he does not know that they are coming; Mr. Van Bever said they were authorized; but the Legislature has the same problem as the County; sales tax is dropping, and document stamps have gone away; if the judges come, there are courtrooms available in Titusville and at the jail; and there are two judicial suites at the Justice Center.  He advised with everything the Board does this year, if it adds in one pocket, it must take from the other; and those are the hard decisions the Board has been going through.   He noted he has always been willing to support night court.  Chairperson Colon stated that was not too popular with the judges.  Commissioner Voltz noted there was also a study done showing night court was not very effective.  Mr. Ellis stated it was not very desirable; and there is a big difference between desirable and effective.  He noted if the average person is asked to come to a child support hearing at 2:00 p.m., he or she may prefer to come at 7:00 p.m.  He advised with night court, judges cannot do criminal or jury trials because no one wants the Sheriff transporting back and forth at night and also do not want jurors out there at night; there are a number of things that can be done at night that are non-criminal and non-jury; and there is staff at the courthouse now until 11:00 p.m.  He stated the Sheriff would need to provide security for the courthouse, but he is going to have to have deputies with the new judges no matter where they go.  Chairperson  Colon inquired if the savings of a separate office building is worth it; if it is wise to put a building on the property when everyone knows in the future a judge will probably need; and if it is a huge savings.  Mr. Ellis stated Mr. Quickel will probably know better; but his thought was that it would be 50 percent per-square foot more for a courthouse.  Mr. Quickel stated more than a year ago, Facilities  realized  the deficiencies  associated  with the State Attorney’s Office and the Public Defender; and staff put together very preliminary budget estimates for construction of two separate buildings, with one to house the State Attorney and the other to house the Public Defender.  Mr. Quickel stated the cost staff came up with for the building to house the State Attorney alone was approximately $17 million; the cost of a building for the Public Defender was approximately $6 million; and more than a year ago staff realized it did not have enough space.  He stated the most practical approach was to solve all of these problems at one time; staff looked at going with separate buildings and separate courtroom additions; but the practical approach was to build one more addition onto the existing courthouse with one foundation and one roof, and be able to tie into the existing mechanical HVAC and electrical systems in the building.  He stated the fact that one wall will be able to be used saves money; and the fact that it is under one roof is cutting down on the square footage needed for a roof to cover a separate building or additional buildings.  He noted the other thing that is key is the parking deficiency at the Justice Center; and that is one of the things that will be addressed.  He stated if separate buildings are built on the site that is there, years from now the County will ask why that was done; the criteria needs to be to consolidate, be economical, and preserve for future decisions should growth dictate another form of expansion; and that is why Facilities has looked at things as it has.  He stated Mr. Ellis is correct in that courtroom space is more expensive to build per square foot than office space; within the scheme he described it is 18,000 to 24,000 square feet; and 18,000 square feet is two courtroom suites that are there currently.  He stated the more expensive construction courtroom space is being put on the top floor of the addition; and the rest of the building is going to be nothing but office space.  He noted those were all things the architectural design consultant, as well as the construction manager, spent many hours addressing.

 

Commissioner Voltz inquired if it is the judges’ or the Board’s responsibility to determine whether or not to use night court or to have court in the jail; with Mr. Knox responding historically it has been worked out between the two entities; however, ultimately it is the Board’s decision as to what facilities it provides to the courts; and as long as it is reasonable to its uses it is satisfying the requirements of the Constitution.  Commissioner Voltz stated the Board can provide courtroom space in the jail; and it could provide a variety of things such as night court and then it could be worked out.  Mr. Knox stated it comes down to a question of whether or not that is reasonable from the standpoint of the court system.  Commissioner Voltz inquired who decides that ultimately; with Mr. Knox responding if the two entities get into an argument about it, a judge would decide. 

 

Commissioner Bolin inquired if there are any other counties that do night court; with Mr. Van Bever responding he did a statewide survey and sought information from the National Center for State Courts; there are some jurisdictions around the nation that have night court for things such as civil traffic; and many jurisdictions have tried it and disbanded it as it is not effective.  He noted there has to be full security, a clerk’s counter, and a cashier; in addition, all of the lights have to be on as well as the air conditioning, as well as a dangerous situation in the parking lot; and there are people who have set up to have child care during the day and if they are called at night, it is more inconvenient for them to come at night because they do not have the daycare. He advised virtually no one in the State of Florida uses night court; and those who do use it do not like it, as it is not a preferred, effective, or economical option.  

 

Mr. Ellis inquired what happens to the Public Defender and State Attorney when new courtrooms are needed.  He stated he is in opposition to using courthouse expansion for office space; he  guarantees once that  is done the County and the Sheriff are going to fill up Buildings D and E; and inquired if the Public Defender and State Attorney are to be taken offsite when new courtrooms are needed.  Mr. Van Bever stated if it is decided to put more judges in that building, then it can be done; if the building was built in the back of the courthouse, that use cannot be changed for the judiciary; the judicial space is only more expensive when benches, seating, digital court recording, assisted listening devices, screens, and jury boxes are put in; and the beauty of having the four-story tower is that if was to be converted later, it could move them someplace and build more courtrooms.  He stated it is preferred to build in the South County, as that is where the caseload is; that is where the population is growing; and that is where the volume of cases needs to be heard.  He stated the judges’ cases are much more per judge in Viera than in Titusville; the caseload is not in the North County; and the courts try to make sure attorneys, litigants and law enforcement do not have to travel any farther than they have to.  He stated the caseload of the Melbourne Courthouse judges is even higher because that is where the caseload is growing; and the next move ought to be to the south.  He noted he agrees with Mr. Quickel that the most productive thing to do is build the four stories in Viera, take care of the State Attorney, the Public Defender, the Courts, the Clerk, the Sheriff; and then go to the South County.

 

Mr. Ellis stated no one answered the question of where to put the State Attorney and the Public Defender when it is decided those floors are wanted for courtrooms.  Mr. Van Bever stated he answered the question in that something would have to be built. 

 

Mr. Quickel stated part of what Facilities has done with looking at the expansion is to try to preserve space on that site; and rather than going with a single-story build out covering a lot of square feet, it was agreed that the approach to take was to build up.  He stated there is still property south of the four-story expansion that was designated on one of the conceptual presentations by the consultant for the future State Attorney’s Office; it was agreed that it is not going to happen right now; but that space is still there; and in the event a decision is made in the future to maximize courtrooms, it would be economical to convert the third and second floors of the final expansion.  He stated he agrees with the issues that Mr. Ellis is raising, but he thinks Facilities has planned for that; and staff has also recognized that the Courts have an immediate need, that the population shift is going south, and it is something the Board is going to have to look at. 

 

Commissioner Voltz stated growth is already in South County.  Mr. Van Bever stated the caseload is already higher for judges in South County.  Commissioner Voltz stated the County is not building a South County Courthouse.  Mr. Van Bever stated there is no way to build something in the south by January 2009.  Commissioner Voltz stated that is for the two judges; however, the County can utilize some of the other things that Mr. Ellis spoke of, such as the courthouse in Titusville, and using the courthouse in the jail on a temporary basis until something is built in South County; eventually that is going to have to be done; and the caseload in Viera is going to be less once that is done, and that will free up space in Viera.  Mr. Van Bever stated by the time something is built in South County the caseload in Viera will be unbearable; there are not enough court proceedings in order to have court go on at the jail all day long; there is no judicial office at the jail; and the jail is meant to handle cases in proceeding with incarcerated defendants.  He stated the court jail is not intended for trials because it strongly  presents a presumption of guilt; it is not  for proceedings where a defendant is asked to

come to the jail to have a hearing; and it is a hearing for a defendant who is in jail.  He noted as that volume has increased, more judicial time has been put in the jail; it used to be that it was 1:00 p.m. to 3:00 p.m.; now it is almost the entire afternoon and at least one morning a week; as it  grows,  additional  judge  power will  be put there to hear  those  types of  cases; but it is not a place where there is a permanent courtroom and a permanent judge assigned there.  Mr. Van Bever stated the caseload is not in Titusville; the courtroom is not suitable for a County Court Judge; there is a courtroom and a judge’s office, which is not a productive place to hold court; but it is something that can be used temporarily.  He noted the jail is not a good option to put a judge there full-time; and Titusville is usable, but it is not a productive option.   

 

Commissioner Voltz inquired if it is possible to use one of the city council chambers for those minimal type of hearings.  Mr. Van Bever responded several city council chambers are already used for traffic hearing offices; the problem with that is the city council chambers do not have metal detectors; they are not set up for security or to bring a judge in from the general population; and the employees and the city council would be upset if the chambers were used for criminal trials.  He advised it is not a good idea to put court proceedings in with administrative operations; it is a space that can be used, but it is not productive; and it is not wise and not safe. 

 

Commissioner Scarborough stated the Supreme Court dictates what the County needs, but the Florida Legislature dictates what it funds; last year the Legislature did not fund the two judges; now the Supreme Court is saying four judges are needed; and so in the next session the Legislature will determine whether Brevard County gets four more judges.  He stated last week there was a possibility of two judges; what could occur is the County may or may not have four judges; and inquired if the building would accommodate four judges.  Commissioner Voltz responded yes, if the Board spends extra money.  Commissioner Scarborough stated the way he understands it is right now the Legislature could fund four judges in the next session; and when that is funded, the Board is on the same timeframe with the four judges that it thought last week it would be for two judges.  Mr. Van Bever stated judges almost always come in January after the session ends. 

 

Commissioner Scarborough inquired if Mr. Quickel could address the dynamics of the potential of four judges in the expanded facility.  Mr. Quickel stated he would like to readdress some of the comments made earlier.  He noted the best approach for four judges would be to plan on adding two more judges for a total of four judges in the expansion, and leave everyone where they are in the cramped space they are in; but the building would be going up and it would be the most logical place.  Commissioner Scarborough inquired if Mr. Quickel is saying if the Board proceeds, it would be at a point in construction; and it would not be too much of an additional expense if four judges come to Brevard County.  Mr. Quickel stated it would be less expensive to make the conversion at the Justice Center than it would be to go to South County.  Commissioner Scarborough stated he just wanted to know if there could be some flexibility if needed.  Mr. Van Bever stated he agrees; for example, the construction scenario would be that the fourth floor is planned for judges, the first and second floor for the State Attorney, and do the third floor last to see if the Board wants office space or courtroom space.  He stated if another floor is for judges, then the building does not go as far in meeting the needs of the State Attorney and Public Defender; but it is an option.  Commissioner Scarborough stated this is probably not the last time the County will get more judges; and then there will be talk about a facility in South County.  He inquired how long it would take the Commission to move forward with  the  plans  of  where  the  South  County  facility should be located.  Mr. Quickel responded design and construction would most reasonably be expected to take at least a year, if a site and plans were identified; it would be fast-tracked and the County would perhaps pay a premium for accelerated construction; but within a year’s time, Facilities could build a modest sized courthouse.  Commissioner  Scarborough  stated the  Commission  is facing  the  potential of no new judges, two new judges, or four new judges; and inquired what if the County got two more judges, but knew the other two were already certified by the Supreme Court and is that something that can be planned for South County.  Commissioner Scarborough stated the Board needs to take each potential scenario and look for the best option; normally, if one problem is solved to the greatest advantage, then other problems have been ignored; and the Board has no idea what the Legislature may do.  Mr. Van Bever stated the stakeholders group has discussed this issue thoroughly; experts tell him that building a courthouse from scratch cannot be done in less than three years; the property has to be identified and go through the architect and construction manager, then it has to be built and occupied; and three years is the fastest.  Commissioner Scarborough stated the Board needs to start immediately.  Mr. Van Bever stated the recommendation of the stakeholders group is to identify a place in South County and start planning for that now with occupancy no later than 2012. 

 

Commissioner Voltz inquired of the Board’s ability to bond because of what the State Legislature is asking the Board to do.  Mr. Knox responded the Board’s ability to bond is tied to the ability to pay back the bonds; and it is more of a financial question, but the Board can do that legally.  Commissioner Voltz inquired if the Board bonds $1.2 million this year and pays for the courthouse, then two years from now if the Board does not have the money to pay the bond, can the Board go back to the State Legislature and ask it.  Commissioner Voltz stated in July 2008 the Board is going to find out if it is going to have more judges in January 2009; and inquired if the Board will have an indication when the session starts if the Legislature is going to fund the judges.  Mr. Van Bever responded historically what happens is before the session starts, the Governor has a recommendation in his budget for the number of judges, which means nothing to the Legislature; the Legislature typically takes the judicial certification up in the very last part of the session; and typically, it is a week before the end of the session when the court system may find out about new judges.

 

Commissioner Voltz stated because of the Viera DRI, modulars cannot be put behind the Justice Center for temporary space; and inquired what the Board has to do to change that; with Ms. Busacca responding it is a deed restriction that Viera has; and Mr. Knox can explain to the Board how deed restrictions can be changed.  Mr. Knox advised he has not to looked at the deed restrictions, but the Board will probably have to get it amended unless there is some sort of waiver provision in the deed restriction.  Commissioner Voltz stated that may solve the problem of the office space if the Board can potentially do that on a temporary basis.

 

Commissioner Nelson stated he was hopeful before the meeting that the Board would be looking at the $1.2 million with some portion of it available for other purposes; but after the discussion he has another opinion.  He stated the Board cannot solve the problem today; the reality is this is a budget workshop and the Board has $1.2 million that will be used for judicial purposes at some time; and the Board needs to move on.  He stated the $1.2 million will be used for judicial purposes, and the Board will sort out the details as it goes through the process; and he thinks the Board needs to lock up the $1.2 million for that purpose and try to figure it out.  Commissioner Voltz stated she agrees that is probably the more prudent thing to do because the space is needed; but she is leery about what the Board will do in the next year or two.  Commissioner Nelson  stated if the  Board decides today  the $1.2 million is going to continue to

be considered for the judicial process, then outside the budget process the Board can try to continue those discussions and try to nail it down.  He advised he thinks it is a financial issue that cannot be done today, as there too many parties that need to be involved. 

 

Commissioner Scarborough stated the dollar amount is actually $1.5 million; the Board could move it to $1.2 million if it went to 30 years rather than 20 years; and buildings are lasting much longer.  Commissioner Nelson inquired how much money for construction the $1.2 million gets at 30 years; with Mr. Whitten responding the Board backed into the $1.5 million; and it was the Charter limit financed at 20 years.  Ms. Busacca stated that was at interest rates that may have gone up or down a little.  Mr. Whitten stated it was 4.5 percent; the last commercial paper issued was 4.2 percent; and those will go up and down.

 

Chairperson Colon stated her concern is the Board is dealing with today’s prices; prices go up quickly; and the Board will need to watch it carefully.  Commissioner Bolin stated she would like to have more discussion on 20 years versus 30 years; and inquired if the $300,000 is going to be worth tying the hands of a future Commission for another 10 years.  Commissioner Scarborough stated if the Board did not do it, then the future Commission would have to put in a facility at a higher cost; so the Board has taken money from a future Commission; but by the same token, it has alleviated it of a problem or concern that will only get worse with time.

 

Commissioner Voltz inquired what is the maximum the Board can do with commercial paper; with Mr. Whitten responding it is a case-by-case scenario; but it is usually between $30 million and $40 million.  He advised the Charter limit is $20.2 million; and the Board cannot do anything above that unless it goes to the voters.  Commissioner Voltz inquired if that is the total, or is that per project; with Mr. Whitten responding it is per project.  Commissioner Voltz stated the Board can actually do commercial paper for this rather than bond it.  Mr. Whitten stated that is the only way he sees the Board getting there; he is not sure with all the tax reform the Board is going to have the ability to bond very much; and in his mind it would have to be commercial paper. 

 

Commissioner Scarborough stated with the new facility being three years out, he thinks it is appropriate the Board start the procedure as a community decision as to where it is located.  He advised part of the problem is the political dynamics of agreeing on a site; the Board knows there is a Melbourne Community and a Palm Bay Community in which there are going to be discussions; and what Mr. Quickel and Mr. Van Bever can do for the Board is identify what is needed as a facility, how it grows, and how much land is needed. 

 

Chairperson Colon inquired if the Board can take a motion now, but that the research be effective October 1, 2007, because of pressure staff is currently under.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the site locating and design process of constructing a South County Courthouse, with the process not to begin before October 1, 2007.  Motion carried and ordered unanimously.

 

 

Commissioner Scarborough stated it is critical whether the Board goes with either 20 or 30 years; and inquired how the Board would like those discussions to proceed; with Commissioner Bolin responding she would like to talk to Mr. Whitten one-on-one.  Commissioner Scarborough stated he is leaning towards 30 years; governmental facilities are used for a very long time; he does not see  anything wrong  with going for 30 years; and another few thousand dollars can be well applied to do some other things the Board wants.

 

Commissioner Voltz requested information from staff regarding the financial benefit of 20 years versus 30 years. 

 

Assistant County Manager Stockton Whitten stated he raised the issue of whether the Board had to vote on each individual millage and whether those millages could be above or below the nine percent reduction; he forwarded it to the Board; and yesterday he received the answer from the Department of Revenue.  He advised the County’s calculation is based on the aggregate maximum; as long as the Board does not exceed that aggregate maximum millage rate, or the aggregate maximum revenues, then it can make adjustments to the individual millages above or below the nine percent reduction; three percent is the rule for the Fire MSTU; and as staff has presented the millage sheet to the Board, that would be acceptable and is within the rules established by the Department of Revenue. 

 

Chairperson Colon stated in other words, it is almost half a million dollars the Board has given the Sheriff’s Department; and inquired of the exact amount.  Mr. Whitten responded it was approximately $400,000.  Chairperson Colon stated the addition the Sheriff has requested is just for the MSTU.  Mr. Whitten stated yes, and the Sheriff’s MSTU on the sheet was seven percent above rollback; and that would be acceptable as long as the County’s aggregate maximum revenues do not exceed that calculated cap.  Chairperson Colon stated the Board is giving the Sheriff 86 positions for the jail; the Fourth Tent is another 10 positions; and inquired if all of that is part of the General Fund and not the MSTU; with Ms. Busacca responding that is correct.  Chairperson Colon stated she wanted to be clear on what is being added to the Sheriff’s Department; and inquired if the mental health pod and jail are seen as part of law enforcement, or are they just under the Sheriff’s jurisdiction.  Mr. Whitten responded it is part of the Sheriff’s Office’s budget; it is the County Jail; and it is under the Law Enforcement Public Safety umbrella. 

 

Sheriff Jack Parker stated the Sheriff’s Department looks at it as 86 the positions and the other 10 positions for the jail; it is definitely part of the Sheriff’s Office’s budget in Brevard County; in some counties, the county runs the jail instead of the Sheriff; and in Brevard County it is part of his correctional budget.  He advised the Sheriff’s Department has two main budgets; one is the correctional budget; and the other is the law enforcement budget, which handles patrol and investigations.  He stated in regards to the additional money in the MSTU there is a seven percent increase; it is strange the MSTU would go up when there are no raises in it for employees; there are four additional Sheriff’s Deputies for Malabar; and that is a wash because Malabar started paying into the MSTU.  He noted the MSTU is an account with 195 deputies; and it is just patrol deputies that are out there working, and the operational supplies for those deputies.  He stated there have been many vacancies in the last three or four years due to attrition and turnover; there was a lot of attrition money; and in an MSTU account that money does not go back to the General Fund, it rolls over.  He noted in the past there might have been $3 million in projected cash forward that the Board would use as a revenue; it would use that to offset the millage it needed; and the bad part about that is there are a lot of vacant deputy positions.  He stated his office has put a lot of focus on improving morale and filling positions; the problem with that is that it shrinks the attrition dollars close to zero; the attrition money is not able to be used as a revenue in the upcoming budget; and what has happened is the MSTU budget has swelled by seven percent just to pay for the status quo of the deputies that are in there. 

 

Chairperson Colon inquired how many deputies have been put on the road since Sheriff Parker was elected; with Sheriff Parker responding he has not asked for any road deputies since he was elected; what he has done is tried to find money inside of his own budget; for example, when  he  eliminated  $1  million  in management  positions the  Board  allowed  him to take that money and create 15 new deputy positions that were equipped for road patrol from that money, to include eight new 911 dispatchers; and he also identified 15 other deputies who were doing administrative work and put them out to patrol and direct service.  Sheriff Parker stated there has been a positive impact of approximately 30 deputies; it feels like more than that to the deputies on the road and to the community; and that is because there were 80 deputy vacancies when he was elected.  He stated the combination of putting 30 deputies on the road was great; the combination of filling the positions and getting them out there has been a positive impact to the community; but then again, they all have to be paid for and there is not the attrition money to lower the cost each year. 

 

Chairperson Colon stated there is a perception in the community that the Board is thinking of cutting the Sheriff’s budget; Sheriff Parker has been saying he needs the raises to keep up morale within the Department; and that is also true with Fire Rescue.  She inquired if Sheriff Parker has any suggestions for the remaining cuts the Board needs to make; the Board wants to get the 96 positions for the jail, which are desperately needed for safety reasons; and Sheriff Parker made it clear there are 400 mental inmates in the jail right now.  She stated if the Board gives Sheriff Parker $7.7 million, it becomes a matter the Sheriff would have; the Board would hope the priority would be the mental health pod; but it also puts the Sheriff in an awkward position because he would decide what to do with the $7.7 million; and he could give his deputies raises, or he could hire 96 positions.  She inquired what would happen if the Board gave the Sheriff $7.7 million, and how would he prioritize those dollars.  Sheriff Parker responded he believes it would be disingenuous for him to ask the Board for $1 million for a program which the Board thinks is expensive, and then turn around and spend it on something else; and that would not be ethical or correct.  He stated it is a matter of taking the funds the Board has approved for certain programs and applying the funds to those programs; for example, if the Board approves the Fourth Tent to open and operate, then the Tent will open and operate; if it approves the positions for the mental health pod, then the mental health pod will open and operate; and if it approves wages for deputies, correctional officers, and Sheriff’s employees, then they will get the wages the Board approves.  He stated he looks at it as there has to be the opening of the mental health pod; for him, that is the number one priority of the County; and he believes that is for a life safety issue.  He stated if he is a deputy or a Correctional Officer working in one of the toughest jails in the Southeast United States, it would be a sad thing for him to say there is a need at the jail for expansion that has been there for 10 years and he is going to try to fill that need at their expense; and that comes at a time when those people have worked exceptionally hard.  He noted he is not talking about wage increases; he is talking about a cost of living increase so they can pay their bills; his main concern is the fact that he is going to lose people; his costs are going to go up because he is going to have to recruit and train; and that is true, but the actual budget will not go up because he will not have the money to spend.  He stated it takes $80,000 to $100,000 to completely recruit, train, and get someone in a position of an actual working officer; he will not have the additional money to make that happen; he has  to freeze  positions to create the money because he is not allowed to run into the red; and he cannot come to the Board at midyear and ask for $1 million to get him out of the hole.  He advised that is the problem with losing a lot of people; he has estimated losing 20 or 30, but it may be more; he has had conversations with several deputies who do not want to leave, but have no choice; and it is already having an impact in the recruiting area.  

 

Chairperson Colon stated if the Board gives Sheriff Parker $7.7 million, he can prioritize it; it is his jail and he knows better as to what the priorities are; whether he gives the deputies a raise, that  is  something  he  will  have to  decide;  and  the Board has been trying to help the Sheriff’s Department.  Chairperson Colon stated the danger of something happening to one of the correctional officers is huge; the Board has been blessed no one has been hurt already; and Sheriff Parker knows better which way he would prioritize.

 

Commissioner Bolin stated she disagrees; she would not want Sheriff Parker to come back to the Board next year and say he needs $5 million for the mental health pod because something else took priority; if she is going to use the taxpayers’ money for something in particular, then that is what it is going to be used for; and with some of the key issues it is the responsibility of the Board to give direction to the Sheriff.

 

Commissioner Voltz stated she agrees; the Board had a previous Sheriff who used to ask for money, and he would spend it whatever way he wanted; then he would come back to the Board the next year and say it did not give him money for raises; and that is what he said he was going to do with the money.  She stated giving money for the jail and raises to the employees are both a priority; and it is up to the Board to decide what it wants to fund.

 

Sheriff Parker stated that is what he believes; those are large priorities that are not easy to fund; and he would hate to see any employees give up their raises for a facility the County knew was needed years in advance.  He stated every service provided as a County is a quality of life service; there was a lot of discussion over the $200,000 being paid to the East Central Florida Regional Planning Council; the deputies and citizens watched those comments; that is $200,000 being spent that does not benefit the County; and rather than paying the deputies’ raises, the County is going to continue to pay for things such as that.  Chairperson Colon stated that formula is State mandated; the Board was not going to give the East Central Florida Regional Planning Council a penny; the County Attorney advised it is a State mandated formula; and by law the Board has to pay that money.  Sheriff Parker stated it is a small piece of the pie to look at cost of living increases for the employees; and to him it seems like a doable thing.  He stated another thing the employees are dealing with is that Brevard County is a coastal County; they are being hit even harder than most counties with homeowners insurance; they are looking at the cost of living and the wage freezes; and the comment that the County could see a wage freeze for a couple of years sends a chilling effect to people he is trying to recruit and maintain.  He noted there are counties around Brevard County that are finding the ability to pay for raises and COLA’s in their Sheriff’s Offices; cities within Brevard County are also finding a way to give their officers increases; and the only county frozen so far is Indian River County, but they are $3,500 above Brevard County across-the-board. 

 

Chairperson Colon stated who better than the former County Manager to give the Board advice; stated Mr. Jenkins knows what the dollars are; and he knows whether the Board has looked everywhere.  She stated she is able to ask the Sheriff’s Chief Financial Officer, who is also the former County Manager, where the dollars are that are perceived to be hidden.  She stated in regards to the $7.7 million,  since it is Sheriff Parker’s  budget,  she is  going to let  him prioritize

where the money should go; stated he can decide if it goes to the deputies or the jail; and it is all one big pot and he has been able to move it around in the past.  She stated she wishes things looked better for next year; but if the Constitutional Referendum passes in January 2008, the County is going to be looking at something that is more devastating than what it is dealing with right now.

 

Commissioner Bolin stated she likes the fact that when Sheriff Parker presented his budget to the  Board  it  had  two  binders  with  two  different  issues; one was  the jail; then there was the administrative department budget; and she is looking at them separately.  Commissioner Bolin stated she will be looking at the administrative department budget to see where the Sheriff can cut; just as the Board is asking all of the other Constitutional Officers; and the jail is a different entity all to itself.  Sheriff Parker stated his two budgets are divided into Corrections, which has its own administrative costs, and then Law Enforcement; and his office did not need the tax initiative to cut the management staff at the Sheriff’s Office.  He advised when he became Sheriff he reduced 20 managerial and support positions; that is a big chunk out of 50 positions; and he used that savings to put more deputies on the road and more dispatchers in dispatch.  He stated that is a big initiative that happened in the Sheriff’s Office; and it did not happen anywhere else.  He noted he is always looking for every opportunity to gain $20,000 or $28,000 and use that for the front-line services because that is what the Sheriff’s Office is there for; people pay taxes to have the bad guys put behind bars and to be responded to when they need help; and his office has put a great emphasis on making sure the equipment and cars are appropriate.  He stated he is proud to have brought the Sheriff’s Department to a top shelf agency with help from the Board; and his major concern is keeping it there, as the citizens and employees deserve it.

 

Chairperson Colon stated it is sad that there are County employees who are angry with the Sheriff’s Department right now; with Sheriff Parker responding he had not heard there were people angry with the Sheriff’s Office; and inquired if employees are upset because the Board has to staff the mental health pod.  Chairperson Colon responded the Board has tried to explain that it is a safety issue when there are 400 mentally ill inmates; and there is a perception that the Board has a lot of dollars.  She stated as a former County employee, Sheriff Parker cares about the employees too. 

 

Sheriff Parker stated he interacts with County employees every day; he is proud of them and the work they do; he does not see them angry with the Sheriff’s Office; he sees them as much more intelligent than that; and they understand the big picture that the mental health pod is one of many priorities the Board has to deal with.  He stated what the employees are upset about is early on in the process, before all the numbers were in, there was a vote by the Board to not give wage increases or cost of living increases; and he is being asked why the Board would do that so quickly when there is so much information to be discussed.  Chairperson Colon stated Sheriff Parker was present when that vote took place; one of the Constitutional Officers made it clear that if the County was going to have an increase, then so should his office; that Constitutional Officer was either going to go with the State or the County; and at that point the Board had to be very clear, as at that time there was a huge number the Board was looking at cutting.  She stated the Board is responsible for the budget of the Constitutional Officers and the 2,900 County employees.  She stated the Board would never try to hurt its law enforcement for the simple fact that it takes special people to do that job; fire fighters are just like soldiers in that they risk their lives to save lives;  and  deputies  are also like that.  She stated she knows Sheriff Parker’s heart is in the right place and the Board’s is also; but it is going to take leadership from everyone to make sure Brevard County is the best County in the State of Florida.

 

Sheriff Parker stated some employees felt bad because it was a front-end decision that was made very quickly; if it was being pushed by a certain Constitutional Officer, then that person can wait; there needs to be a lot of effort and focus on some of the numbers that have not been talked about; and if there was a tremendous amount of effort before that vote was cast, the deputies, correctional officers, County employees, and fire fighters would be more understanding.  He stated it looked like a very easy, quick decision on the front-end of the budget  process,  just  to  save a certain  chunk  of money;  the employees are the Board’s most important resource, and it wants to run a quality service; and if that means reducing what it does to create a quality service, his advice is to do what it does to the highest level possible and try not to do everything with very little, because it will create a poor quality everywhere.  Sheriff Parker stated he is still hopeful there will be a lot of attention and effort given to that because he does not want to lose 20 to 30 deputies or correctional officers to another county; and he hopes the Board will give every effort it possibly can to try to give them the money they deserve. 

 

Chairperson Colon stated she knows they deserve the money; being a law enforcement wife, she knows exactly what they go through; it hurt to the Board to have to lay off 30 people a few days ago; they were good people who did not ask to be in that position; and now the Board may have to lay off more people.

 

The Board recessed from 11:00 a.m. to 11:16 a.m.

 

 

 

Assistant Road and Bridge Department Director Ed Gardulski stated Road and Bridge Operations includes the maintenance of 1,100 miles of roads, new construction, and landscaping projects; and the Road Operations Program receives its revenues from the Constitutional tax, gas tax, motor fuel tax, and miscellaneous revenues such as interest on accounts, the sale of assets when they are retired, and also through the General Fund.  He stated he is presenting the Board the Road and Bridge Department budget that reflects an 8.42 percent General Fund Ad Valorem reduction in the amount of $1.025 million; the General Fund transfer records represent approximately 38 percent of the total Road and Bridge Department budget; and the transfer reflects the MSTU account that represents ad valorem amounts in response to the tax reform mandate the County is challenged with.  He stated the reduction is approximately 10 percent; the impact would be the contract services the Road and Bridge Department uses for roads, preferably the Resurfacing Program; therefore, most of the impact will be in the public sector; but some of the employees are going to be impacted.  He stated there has been a reduction of nine staff members; a lot of it was accomplished through not filling vacant positions; so far, the Department is doing well by not having any layoffs; and hopefully with the next cut, it will do just as well. 

 

Commissioner Nelson stated he had a chance to talk to Mr. Gardulski, Assistant County Manager Mel Scott, and Support Services Manager Mary O’Neal yesterday and they assured him in the cuts related to the administrative area there will still be a Road and Bridge Department Director; and he wants to make sure there is someone responsible as a result for whatever actions happen in that Department. 

 

Assistant County Manager Mel Scott stated there is a succession plan in place; Mr. Gardulski is currently receiving the mentoring and education he needs for the Director position; and although he brings 30 years of past experience from other organizations to the County, he may need to understand the particular methods that may be employed locally that might diverge slightly from where he came from. 

 

Commissioner Nelson stated the Road and Bridge Department explained to him the zero for speed humps; but he still does not know from an accounting process if it is working out.  Mr. Scott responded what staff has done to show the accounting is set aside $25,000 in each MSTU for  speed humps; it is being shown  as a zero, but staff has wrapped them into the MSTU’s; the MSTU is being reduced by 10 percent so that the Board would still have the ability to have speed humps occur within the MSTU; but they would not be a line item called out specifically.  County Manager Peggy Busacca stated staff wanted to show that because it was previously discussed as a separate item.

 

Commissioner Scarborough stated the speed hump program can continue and have participation as an MSBU, as opposed to the Commission funding it; and that is another dynamic.   Commissioner Voltz stated it is going to be a policy decision.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Road and Bridges Department’s Budget Reductions of reducing operations/administration positions/maintenance staff for a total of $380,723; reduce services in Roadway Operations District 4 MSTU for a total of $143,673; distribute speed hump reductions through MSTU in Districts 1 through 5 with a cost savings of $125,000; reduce services in roadway operations of District 1 MSTU for a total of $141,682; reduce services in roadway operations of District 2 MSTU for a total of $112,415; reduce landscaping operations for a total of $77,445; reduce services in roadway operations for District 3 MSTU for a total of $77,168; reduce services in roadway operations in District 5 MSTU for a total of $70,406; reduce services in roadway operations in District 4 Beaches MSTU for a total of $20,034; and reduce services in roadway operations in District 4 MI MSTU for a total of $2,140.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated the revised page nine in the Board’s package says, “reduce traffic rehab.  Number of traffic signals malfunctions will increase.  Rehabilitation period will change from 10 to 20 years; reduction in contracted services.”  She stated there will probably be the same number of malfunctioning signals if the maintenance is not done.  Transportation Engineering Director John Denninghoff responded that is correct.  He stated what that cut does is double the length of time when Transportation will come back to an intersection and do a significant rehabilitation of that signal; those portions of a signal that are prone to failure more so than other components of it may fail in an unexpected manner; and if there is a call on a weekend or a holiday, it will have to responded to by either staff or a contractor, rather than a scheduled rehabilitation.  Commissioner Voltz stated the Board is still going to be spending money one way or another.  Mr. Denninghoff stated Transportation Engineering had recently gotten to a 10-year cycle; 10 years is the industry standard; and staff analyzed the situation and determined it would save money if it would do it more often.  He stated this proposal takes the Department to an in-between ground, between where it was five years ago and where it is today. 

 

Commissioner Voltz stated another proposed cut is to reduce the Older Road User Program; the Program replaces signs with larger lettering so it is easier to see; and inquired if it is reduced, will the only signs addressed will be those that are too damaged to fix.  Mr. Denninghoff responded that is correct; the Program is one where staff proactively goes out and addresses a major road corridor and brings it up to meet the current standards designed for older road users; the signs are clearer, larger, and can be seen well at night; and when a sign is replaced it meets that standard, but staff does not go out proactively and replace a sign because it does not meet today’s standard.  Commissioner Voltz inquired if it is done in the manner in which the signs are replaced as they are needed, is there an extra cost for doing that.  Mr. Denninghoff stated when a sign is replaced because it is has been knocked out by a traffic accident  or  just  worn  out, it is replaced  out  of a  different  program;  and  that  is the  Regular Maintenance Fund.  Commissioner Voltz inquired if the signs are replaced as-is, or are they replaced with the larger lettering; with Mr. Denninghoff responding it is replaced with what meets the current standard. 

 

Commissioner Bolin stated the program is taking down a perfectly good sign and replacing it with a brand new one that is larger and easier to read; and otherwise, there was nothing wrong with that sign.  Commissioner Voltz stated she was just wondering if, when the signs are replaced, if there were any that were not replaced with the larger, newer signs.  Mr. Denninghoff stated Transportation Engineering does not put in signs that do not meet the current standard.

 

Mr. Denninghoff stated for years, the Transportation Engineering Department has languished in not being able to take care of the infrastructure in the way the industry standards indicate it should; and that presents a number of liability problems.  He advised in the last two or three years, his office has had budget improvements that allowed staff to get into an area where it was maintaining it the way it was supposed to be maintained; and to see these reductions hurts, but when his office looked at where it would make cuts, it looked at where there were recent increases and this is where it is making the cuts.  He stated he believes the public will be less well served, but this is the best place for the Transportation Engineering Department to make cuts. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve Transportation Engineering Department’s Budget Reductions of reducing allocation for relocation of traffic operations for a total of $218,960; reduce traffic signal rehabilitation for a total of $115,000; reduce Older Road User Program for a total of $45,000; and eliminate Surveyor Assistant position for a total of $56,096.  Motion carried and ordered unanimously.

 

 

 

Chairperson Colon stated she has met with Gay Williams, Director of Housing and Human Services; and inquired if any of the other Commissioners have also met with Ms. Williams.  Commissioner Scarborough responded the Board will see most of the members of CBO Funding at a future meeting.  Commissioner Bolin stated if the Board is cutting the CBO by 10 percent, then her stand is that all programs be cut 10 percent or not at all; she does not feel comfortable funding some at 100 percent, such as the BCA, and then cutting the CBO by 10 percent; and that is her stand.  Chairperson Colon inquired if the Board wants to bring the CBO item back, but take action on the other reductions in Housing and Human Services. 

 

Commissioner Scarborough stated each group has its own interests; each Community Based Organization has its own constituents; the Board does not know if in the end it is going to be 10 percent or more or less; but he has been at budget meetings when the room is totally packed.  He stated he does not know if there is anything wrong with saying 10 percent across-the-board; but he would caution the Board that it is required under law to listen to people before it takes a final vote; listening is the Board’s obligation; and it will listen with an open mind.  He noted anything the Board does now is with the thought that it has an obligation to fully expose itself to all thoughts from the public.  He stated the Board may find a particular CBO that has a unique purpose in the community that the Board may want to give more money to; and he is willing to listen to everybody and make individual decisions.  

 

Chairperson Colon stated the Board has been having workshops; the community is able to come anytime there is a workshop; and inquired why the Board keeps making it seem the only opportunity is in September.  She stated she does not want to give the community the impression that they can only speak at the end of the budget; the community can speak at any time; and she does not want people to think they can only come and speak at the final budget meeting.  She stated every not-for-profit organization has been notified of the workshops; the Directors felt strongly about having an opportunity to speak to the Board; and she wants to make sure citizens know they can come to a Board meeting anytime to discuss the budget.

 

Commissioner Nelson stated the Board may have led on the CBO’s because to an extent it has been listing agencies it is going to be discussing; and if the Board did not list some of those agencies, they would have been required to come to every workshop to know when their agency was going to be discussed.  Commissioner Scarborough stated at the first budget meeting the CBO’s were here in force because they thought they were going to be discussed at that time; if the Board had a specific meeting where it is going to be talking about a particular organization, it would have them there; and he would caution that the budget is dynamic until the end.  He stated he is not criticizing the process of going through the list of cuts; and it makes it a lot easier for him.  He stated he would like to commend County Manager Peggy Busacca and her staff for their capacity to keep the budget process rolling with multiple meetings; in the past, he has felt like he needed more discussion; and this time, the Board has been able to get into the budget in greater detail. 

 

Commissioner Voltz stated everyone present deserves to be listened to; but the Board cannot base its votes on how many people are in the audience.  She advised the Board has to base its votes on what is important and what its priorities are; and that is the way it has to be, as Brevard County is a representative government.  Chairperson Colon stated every time the Board takes a vote, Commissioner Scarborough is very careful in saying anything can happen from now until the end of September, but he is comfortable at this moment and has open ears; and that is what all of the Board has been doing, but she would encourage people to come to a workshop, even if their organization is not on the agenda.

 

Commissioner Voltz stated last year when the Board increased the CBO funding to $1 million, they came back and said it was $1,133,000; and she questioned it at the time and said the Board put a cap on it at $1 million; but the CBO’s went over that by $133,000.  She stated since the Board made that decision, maybe it should have stayed with it to begin with last year; and maybe the Board would not be here this year with the $133,000.  Commissioner Bolin inquired under Housing and Human Services, does the Board want to look at some other line items and move those forward or does the Board have to do the whole Department as a unit.  

 

Ms. Busacca inquired if the Board would like her to ask the Housing and Human Services Department Director to come to the meeting.  Chairperson Colon stated that was the whole point; the Board had said it was not going to have every Director here because each Commissioner has met with each Director behind the scenes; that is what she understood; and at the last meeting the Board heard certain Directors were here because their Departments are huge.  Commissioner Scarborough stated he is required by law to listen until the public hearing closes on September 18, 2007; but if the Board wants a motion, he will move the Housing and Human Resources with a full understanding that the CBO is represented not by County staff, but a lot of outside entities, which will be interfacing with the Board as the process goes along.  Chairperson Colon stated that is why she said if there is any item any Commissioner feels uncomfortable with, the Board is able to pull that particular line item. 

 

Commissioner Bolin stated under Housing and Human Services there was also the line item of 211 Brevard; and when she talks about agencies she is looking at that also.  Commissioner Scarborough inquired if she is looking to eliminate 211 Brevard; with Commissioner Bolin responding no.  Chairperson Colon advised Commissioner Bolin is talking about the 10 percent reduction to everyone.  Commissioner Scarborough stated he does not see 211 Brevard on the list; with Commissioner Bolin responding it is fully funded on the list. 

 

Ms. Busacca stated she would like some specific direction from the Board; stated BCA left the workshop thinking they were in the Parks and Recreation budget and fully funded; and now the Board is talking about something else.  She requested the Board clarify if the motion is for 10 percent for outside agencies; stated staff can bring the Board back a list of what it thinks that means; and the Board can tell staff that is what it meant.  Chairperson Colon stated the Board would like that. 

 

Chairperson Colon stated she would like to take action on the list unless the Board is uncomfortable.  Commissioner Bolin stated since the list already includes CBO at 10 percent, she will make a motion that the Board approve the cuts as stated with the Housing and Human Services Department. 

 

Motion by Commissioner Bolin, to approve the cuts as stated with the Housing and Human Services Department.

 

 

Commissioner Voltz inquired if that motion is just for Housing and Human Services, or is it for the whole list; with Chairperson Colon responding the Board is just looking at Housing and Human Services.

 

Commissioner Scarborough stated sooner or later the Board is going to run into the issue of the insurance package and compensation; and inquired if everything falls apart, does the Board go back and eat into the budgets further to make something work.  He advised it is still moving and it could impact every decision the Board has made so far; and he does not think that subject has been fully addressed.  He stated the Board wants to say it has made some progress; but every step forward it has to understand it sometimes takes a step backwards.

 

Chairperson Colon stated the Board agrees with Commissioner Scarborough; what has been happening is that this has been in phases; the Board is fully aware there is now another phase of other things that have to be  identified;  and by no means does the Board want to give anyone

the impression it does not want to talk about the unions, but the Board wants to accomplish this part of this phase right now.  Commissioner Nelson stated as hard as the decisions are, the Board is going to reach a point where it is really going to have to talk about the hard ones.  Commissioner Voltz stated the Board is going to have to decide what its priorities are and which of the specific items on the list that the Board is looking at cutting right now does really want to put back in a budget; and the Board will not know that until it gets a better feel on what the funding is and those kinds of things. 

 

Commissioner Voltz stated the Board has been talking about the $3 million-plus in insurance reserves that needs to go back to the individual Departments; and inquired how much of that is specifically for the General Fund; with Ms. Busacca responding it is approximately 60 percent.  Commissioner Voltz stated she understands that is one-time money; but the Board could free up recurring funds by paying off some things with that money, which will give the Board more money.  Ms. Busacca responded yes. 

 

Motion restated by Commissioner Bolin, seconded by Commissioner Voltz, to approve Housing and Human Services Department’s Budget Reductions of reducing emergency assistance for a total of $211,163; reduce CBO  funding  for a total of $133,842;  eliminate Builder’s Care for a total of $75,000; and eliminate Guardianship Services for a total of $25,000.  Motion carried and ordered unanimously.

 

 

Chairperson Colon stated the Board can go over the list one by one.  She stated if there is anything any Commissioner feels he or she needs more time with, the Board will put it aside and discuss it further. 

 

Chairperson Colon stated the first item on the list is Agricultural and Extension Services.  Commissioner Voltz inquired if the economic impact for Agricultural and Extension is just below the economic impact from tourists; with Ms. Busacca responding that is correct.  Commissioner Voltz stated the Board has a tremendous opportunity to address the issue of its agricultural community, which has a huge impact in Brevard County; and if there is any way the Board could come up with funding for the Horticulture Technician, it should do that.  Chairperson Colon inquired if Commissioner Voltz wants to discuss that further; with Commissioner Voltz responding yes.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Agriculture and Extension Services Budget Reduction of eliminating 4H Marketing Agent for a total amount of $53,573.  Motion carried and ordered unanimously.

 

 

Chairperson Colon inquired about Animal Services and Enforcement.  Ms. Busacca stated Animal Services and Enforcement Director Craig Engelson has some new ideas about the cuts in his Department.  Chairperson Colon stated the Board is looking at cutting $65,500; and inquired if that is still the number. 

 

Craig Engelson, Animal Services and Enforcement Director, responded yes.  He stated he kept the rebate program in the list and instead went for internal cuts that would not affect any external services, but keep the same cuts; and that can be done easily without hurting too much.    Commissioner   Scarborough   inquired   about   animal   transportation   vehicles;  with 

Mr. Engelson responding right now there is just one; but he will get another one.  Commissioner Scarborough inquired if Mr. Engelson normally pays with cash; with Mr. Engelson responding yes.  Commissioner Scarborough inquired how badly the other vehicle is needed; with Mr. Engelson responding his Department averages 100,000 miles per year on its trucks; but they can get by with one vehicle.  Commissioner Voltz inquired how long the Department can get by with one vehicle; with Mr. Engelson responding two years; and after two years, he will come back to the Board asking for two vehicles.  Commissioner Scarborough stated he looked at the amount of paper the Board has, and it is about $2 million less than it was a couple years ago; and if the Board needed something badly, there is money to pay for it; but if there is not equipment to do the job, it could be paying an employee who is just sitting there and not doing a job.  Mr. Engelson stated he is lucky this year because the build on his vehicles was pushed back by Chevrolet; he has not had any new vehicles delivered; and he will be getting two new vehicles in September. 

 

Chairperson Colon stated right now the Board is looking at $65,500 out of Mr. Engelson’s Department; and she wants to make sure the numbers match with Mr. Engelson’s amendments.  Mr. Engelson advised the numbers match.  He noted his revised proposed cuts are to eliminate replacing one transport vehicle and reduce the community services program by only $3,750; and  that  will keep  the spay  and neuter  rebate  program  in  place.  He  stated  he  will reduce his operating supplies, reduce overtime by 15 percent, and reduce the travel A&B by $3,000.  Commissioner Scarborough inquired if overtime is when someone has to be sent out because of a dangerous animal; with Mr. Engelson responding yes, and also overtime for the shelters.  Commissioner Scarborough stated if there is a dangerous dog situation, he would hate for no one to be available because of overtime; and those are not good situations.  He stated it goes into a public safety issue if someone is bitten by a rabid dog; that is just as dangerous as having someone with a gun in the neighborhood; and he would hope the savings of $7,000 is not going to put the community at risk for dangerous animals.  Mr. Engelson responded absolutely not; and the Department will still maintain its coverage.  Commissioner Scarborough stated the Board can find $7,000 if Mr. Engelson needs $7,000. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Animal Services and Enforcement Amended Budget Reductions of eliminating animal transport vehicle replacement for a total amount of $36,750; reduce Community Service Program for a total amount of $3,750; reduce operating supplies in enforcement by 10.89 percent for a total amount of $14,650; reduce overtime for Enforcement by 15 percent for a total amount of $7,350; and reduce Travel A&B by 25 percent for a total amount of $3,000.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Central Services Budget Reductions of eliminating Fleet Heavy Equipment Mechanic for a total amount of $58,971; reduce Purchasing Agent to part-time for a total amount of $23,743; and reduce copies/fax lease savings for a total amount of $8,000.  Motion carried and ordered unanimously.

 

 

Commissioner Scarborough inquired if there are any changes to the Central Services budget reductions since his meeting with Mr. Stultz.  Central Services Director Steve Stultz responded yes; on the revision list he also had a Data Control Specialist position in Asset Management, which would have impacted the number of inventories that could be taken in annually. 

 

Commissioner Scarborough stated he is voting on one thing and was briefed on something else; he got the revision this morning, but has not compared his notes from what he was briefed on; and he may be voting on things that he is not well-advised on; he would like to reserve the option to re-raise these issues if he finds he voted in error. 

 

Commissioner Nelson inquired if the Fleet Mechanic is one position; with Mr. Stultz responding it is two positions; the $58,971 would be the ad valorem impact to those positions; one position is currently vacant; and the other one will become vacant in August.  Commissioner Voltz stated if that is the ad valorem part of it, then Mr. Stultz must have the other part in his budget; with Mr. Stutlz responding that is correct; and the actually salary and benefits for those positions total a little over $115,000.  Commissioner Voltz inquired if Mr. Stultz has an extra amount in his budget; with Mr. Stultz responding no, Fleet Services is funded for fees for services; and the other impact would be the enterprise agencies’ portion of the cost and allocation plan. 

 

Chairperson Colon inquired about the County Manager’s Office; and if Ms. Busacca needs time to rearrange things.  Ms. Busacca responded she can make the proposed cuts happen.  Commissioner Nelson stated he would like to talk about that item.  Chairperson Colon stated the Board can bring it back at a later date. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson to approve Emergency Management’s Budget Reductions of eliminating Resources Coordinator for a total amount of $78,000; eliminate vehicle replacement for a total amount of $25,000; and Grant Fund Background Check Program for a total of $20,000.

 

 

Commissioner Bolin stated she is hesitant about 211 Brevard.  Commissioner Scarborough inquired if Commissioner Bolin wants to reduce 211 Brevard by 10 percent; with Commissioner Bolin responding yes, as it is an outside agency.  Commissioner Scarborough stated there need to be some improvements in the service; he fully supports 211 Brevard; but he has had people comment that some of the information has not been what it needs to be, and it has not necessarily fully served its purpose. 

 

Chairperson Colon called for a vote on the motion.  Motion carried and ordered unanimously.

 

 

Chairperson Colon inquired about the Facilities Department.  Ms. Busacca stated Mr. Quickel would like an opportunity to show the Board some other options on Facilities at a later date.  Chairperson Colon stated when she met with each Department Director, she mentioned to them that they have had an opportunity to look at their budget and what has been asked of them; and at that point, what they would change. 

 

Chairperson Colon inquired about Fire Rescue.  Commissioner Nelson stated the $209,880 is a result of the requirement that they reduce down to three percent; and inquired if that is correct; with Ms. Busacca responding affirmatively, but there is a total reduction in their budget because they requested less revenue and they reduced their expenditures.  Budget Director Dennis Rogero advised the total reduction is approximately $1.8 million.  Ms. Busacca stated that is what they requested in a reduction in revenues; and what the Board sees on the list now balances it out.  Commissioner Nelson stated it is not a case of the Board telling them to cut; but they are  required to cut by law.   Ms.  Busacca  stated yes, they  were required  to  reduce  their

MSTU by three percent.  Chairperson Colon stated that is unbelievable because the State said Public Safety was going to be protected.

 

Commissioner Voltz stated when the Board talked about the Fire Fee last year, it asked Fire Rescue to rethink the fee structure; and that has not been done.  She inquired if the Grant-Valkaria Fire Station is in the budget; with Ms. Busacca responding it is currently funded in the budget to be done.  Commissioner Voltz stated that could potentially not be done; the Board needs to look at if it needs to do that this budget year; and it is $1.84 million for that fire station.   Commissioner Nelson stated the Board can bring Fire Rescue back at a later date.

 

Chairperson Colon inquired about the Historical Commission.  Commissioner Nelson inquired if staff is going to bring something back to the Board on the Historical Commission regarding parks; with Ms. Busacca responding affirmatively.  Commissioner Voltz stated she is not sure the Board wants to eliminate a position and put more work on the Parks and Recreation Department.  Commissioner Nelson stated there is managerial staff that could assume the top role; and if the Board is going to fund a position, the Archivist is the person doing the daily work.  Chairperson Colon stated the Board can bring back just the actual position; but it can take action on the other two items.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Historical Commission’s Budget Reductions of reducing office supplies, printing, and capital outlay for a total of $8,500; and eliminate travel for a total of $3,060.  Motion carried and ordered unanimously.

 

 

Chairperson Colon inquired about Judicial Support.  Commissioner Voltz stated she has concerns about the Juvenile Assessment Center Funding and she would like that to come back to the Board along with Family Court; and she would like to find out more about what that entails because it may be a dangerous road to go down.  Ms. Busacca stated Gay Williams may have a perspective on that and the Board may want to talk to her.  Chairperson Colon stated those two items are going to come back to the Board and it will only take action on eliminating Court Facilities transfer to the Clerk.

 

Ms. Busacca stated there has been some discussion about percentages to both the Property Appraiser and the Clerk of Courts; the Board had talked about nine percent; and she did not know if this is nine percent, or four percent, or what the Board would want to do.  She stated she wanted to bring it to the Board’s attention before it left the Judicial Support item. 

 

Chairperson Colon stated it can come back to the Board, as it does not want to take action on something it is uncomfortable with.  Ms. Busacca inquired if it is the Board’s intent that those offices look at nine percent, because staff can bring that information back to the Board; and she has not received any specific vote, but just some discussion.  Chairperson Colon stated she thought the Board voted on that.  Commissioner Voltz stated the Board did not require all of its Departments to cut nine percent.  Ms. Busacca stated that is correct, it is not nine percent across-the-board.  Chairperson Colon advised the Board will bring back the entire Judicial Support item.

 

Chairperson Colon stated the Board will bring back discussions on the Law Library.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve Natural Resources Management’s Budget Reductions of eliminating critical habitat and listed species for a total of $68,138.  Motion carried and ordered unanimously.

 

 

Chairperson Colon inquired about LEAD Brevard and the $50,000 for the lobbyist.  Ms. Busacca advised the Board has already reduced LEAD Brevard from $100,000 to $50,000; she does not know if the Board wants to go back as part of the 10 percent to outside agencies and consider the 10 percent reduction from the $100,000 they have this year.  Commissioner Bolin stated she would like to have that as part of her discussion.  Ms. Busacca stated staff will include LEAD Brevard as part of the10 percent.  Chairperson Colon stated to clarify, the Board took $50,000 away from LEAD Brevard already; and inquired if it is on the list.  Ms. Busacca advised the Board did not vote on it, it just gave a tentative nod. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve reduction of LEAD Brevard by 50 percent for a total of $50,000.  Motion carried; Commissioner Bolin voted nay.

 

 

Chairperson Colon inquired about the Federal Lobbyist.  Commissioner Scarborough stated he has been championed into getting someone in Washington D.C. who sees the geopolitical worldwide view to help the Board; no one he has talked to sees Eddy Pauley doing that, nor do they see the Board paying someone who is doing that to do what Mr. Pauley does.  He stated they are two separate roles; he knows the Board had Mr. Pauley doing separate things, but he thinks Mr. Pauley would complement and supplement; and he sees them as complementary.  He stated it is not his intention to say the Board does not need Mr. Pauley to continue as the Federal Lobbyist; and there are things that are unique to space and things are things happening in other centers that hopefully on August 9, 2007 can be shared with the Commission.  He stated there are other centers trying to do the exact same thing that needs to be done at Kennedy Space Center; and his thought is there are good folks at the EDC that can tap into resources to see emerging trends.  

 

Chairperson Colon she has no problem holding those dollars for a Federal Lobbyist and to be able to utilize someone to help the Board achieve the ultimate goal; and it may not be a Federal Lobbyist, but at least the dollars will be there.  Commissioner Scarborough stated if a budget does not include an aggressive approach on saving as the much as possible on an annual recurring economic impact, he is not voting for it because this is important; but $1 billion out of a single economy is devastating; there are people in the community who have gone through it before; and the Board needs to understand it may be the most critical thing it votes on this year.  Chairperson Colon stated the Board has said that; when she and other Commissioners went to Washington D.C. two years ago they were told they need to think outside the box; and the private sector is where they are going to have to go.  Commissioner Scarborough stated he does not know how much it is going to cost to get the lobbyist the Board wants; lobbying gives the Board the best possible guidance; and he does not care if it is $100,000 or $200,000, as it is the most critical thing on the agenda to him.

 

Chairperson Colon stated the commitment is there from the Board to move in that direction.  Ms. Busacca inquired if the Board wants to make a motion to remove the item from the reductions so staff can help it calculate how much money it has to find. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve retaining Federal Lobbyist.  Motion carried and ordered unanimously.

 

 

Chairperson Colon inquired about Permitting and Enforcement.  Commissioner Nelson stated he would like to discuss that item.  He stated the Code Enforcement area has always been problematic and making it thinner is going to create an additional hardship for the Board; and he does not see how it can be reduced and get the same level of understanding and service dealing with the issues the Board has.  Commissioner Scarborough stated he agrees and he would also like to discuss it.  Chairperson Colon stated the entire item will come back to the Board.

 

Chairperson Colon inquired about Planning and Zoning.  Commissioner Nelson stated he would like to discuss the elimination of the Special Projects Coordinator position. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve the Planning and Zoning Department’s Budget Reductions of eliminating Executive Secretary for a total of $50,307; eliminate mileage payments to LPA/BOA members for a total of $14,040; and eliminate CRG’s for a total of $1,530.  Motion carried and ordered unanimously.

 

 

Chairperson Colon stated with SCGTV, it was brought to the Board’s attention that it takes people to get these meetings on television; and she believes Zoning and the Board of County Commission meetings should be the only priority.  She stated televising the other meetings would be nice; but it requires people to be here and also overtime.  Commissioner Bolin stated she received information that the Board could continue to televise the MPO, the LPA and others if it would look at discontinuing some of the other extra productions that take up a lot of staff time, such as special public announcements specifically for the Board when there are agencies that have pre-programmed announcements; and it just needs to be branded with the Board of County Commissioners.  Commissioner Scarborough stated he would like to discuss it, as people find it vital to receive information about their government.  Chairperson Colon stated she has no problem keeping the position.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to retain TV Production Position in Space Coast Government Television.  Motion carried and ordered unanimously.

 

 

Chairperson Colon requested Ms. Busacca reiterate the items that will be coming back to the Board.  Ms. Busacca stated the items coming back to the Board include Horticultural Technician in Agriculture and Extension Services, the County Manager’s Office, Facilities, Fire Rescue, Archivist for Historical Commission, Judicial Support, Law Library, Permitting and Enforcement, and Special Projects Coordinator IV in Planning and Zoning.

 

Commissioner Nelson stated the Board had talked to Parks and Recreation about upping their revenue collections by 10 percent.  Ms. Busacca stated the Board has asked for all revenue discussions to come back; and so that will have to come back also.  Commissioner Nelson stated Commissioner Bolin wanted to discuss the outside agencies.  Ms. Busacca stated there are a couple of other questions the Board wants to discuss that staff has not yet brought back, such as the reserves for insurance; and the Board still has that to discuss. 

 

Commissioner Nelson stated earlier the Board talked about the interpretation it got on millage and it still has the issue on the Parks and Recreation millages, which could be taken back to their original voter-approved limits, which would then reduce the General Fund side; he sees a couple of benefits of doing that; one is that it more perfectly places the burden of some of the maintenance in the area where it was created because it was part of the referendums; and it was part of the voter commitment.  He advised the other benefit is in the future the Board does not know what the State may do to it; and having those millages at their original voter-approved level makes it easier to work with than if they are down because the Board may never be able to get them back up.  He stated it is no harm, no foul, but it has some potential benefit for the future; the Board is going to be setting the tentative millages next week; and if those are not at the top, the Board will not be able to do that later.  He noted it changes the numbers, but it does not change the revenue.  Commissioner Scarborough stated it is the same expenditures, just different millage rates. 

 

Chairperson Colon inquired when is the next meeting to follow up on today; with Ms. Busacca responding it is July 25, 2007.  Chairperson Colon stated the Board will continue then. 

 

 

On Thursday, July 19, 2007, at 11:30 a.m. or as soon thereafter as possible, the Brevard County Board of County Commissioners will meet for the purpose of discussing settlement negotiations and/or strategy related to litigation expenditures in James F. Russo, Public Defender for the Eighteenth Judicial Circuit v. Brevard County, Case No. 05-2007-CA-025421-XXXX-XX.

 

Chairperson Colon announced the persons attending the attorney-client private meeting will be:  Commissioner Scarborough, Commissioner Nelson, Commissioner Voltz, Commissioner Bolin, County Manger Peggy Busacca, County Attorney Scott Knox, Deputy County Attorney Shannon Wilson, and Angel Hampton, with Brevard Associated Court Services, Inc.

 

The Attorney-client private session will be held in the County Manager’s Conference Room, Third Floor of Building “C”, at the Brevard County Government Operations Center, 2725 Judge Fran Jamieson Way, Viera, Florida, 32940.  The estimated length of the attorney-client session is one hour or less.

 

The session is commenced as part of the open meeting on the above indicated date.  As part of the  open  public  meeting, the  Chairperson  of  the  Board  announces  that  the  attorney-client

EXECUTIVE SESSION, RE: PUBLIC DEFENDER 18^TH JUDICIAL CIRCUIT (CONTINUED)

 

session has commenced and, upon approval of a motion to adjourn for an attorney-client session, the attorney-client session shall thereafter adjourn and reconvene in the County Manager’s conference room.

 

At the conclusion of the private attorney-client session, the open public meeting shall be re-opened and the Chairperson shall announce the termination of the session.  A transcript of the executive session shall be made pat of the public record upon conclusion of the litigation.

 

 

On Thursday, July 19, 2007, at 11:30 a.m. or as soon thereafter as possible, the Brevard County Board of County Commissioners will meet for the purpose of discussing settlement negotiations and/or strategy related to litigation expenditures in Brevard County v. National Union Fire Insurance Company and Palmer and Cay (now known as Wachovia Insurance Services, Inc.), Case No. 05-2002-CA-011250-XXXX-XX.

 

Chairperson Colon announced the persons attending the attorney-client private meeting will be:  Commissioner Scarborough, Commissioner Nelson, Commissioner Voltz, Commissioner Bolin, County Manger Peggy Busacca, County Attorney Scott Knox, Deputy County Attorney Shannon Wilson, H. Jack Klingensmith, Esq., Walters, Levine, Klingensmith & Thomison, P.A., and Angel Hampton, with Brevard Associated Court Services, Inc.

 

The Attorney-client private session will be held in the County Manager’s Conference Room, Third Floor of Building “C”, at the Brevard County Government Operations Center, 2725 Judge Fran Jamieson Way, Viera, Florida, 32940.  The estimated length of the attorney-client session is one hour or less.

 

The session is commenced as part of the open meeting on the above indicated date.  As part of the open public meeting, the Chairperson of the Board announces that the attorney-client session has commenced and, upon approval of a motion to adjourn for an attorney-client session, the attorney-client session shall thereafter adjourn and reconvene in the County Manager’s conference room.

 

At the conclusion of the private attorney-client session, the open public meeting shall be re-opened and the Chairperson shall announce the termination of the session.  A transcript of the executive session shall be made pat of the public record upon conclusion of the litigation.

 

 

Upon motion and vote, the meeting adjourned at 12:31 p.m.

 

 

 

                                                                        ____________________________

                                                                        JACKIE COLON, CHAIRPERSON

                                                                        BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                         BREVARD COUNTY, FLORIDA

 

 

 

__________________

SCOTT ELLIS, CLERK 

        (S E A L)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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