The Board of County Commissioners of Brevard County, Florida, met in regular session on August 8, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Dennis Redstone of St. Paul's United Methodist Church, Melbourne, Florida.

Commissioner Mark Cook led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Minutes of June 5, 1995 Workshop. Motion carried and ordered unanimously.

REPORT, RE: HURRICANE ERIN DISASTER RELIEF

County Manager Tom Jenkins advised he contacted Congressman Weldon's Office to encourage his assistance in ensuring the County would get federal assistance as a result of the storm, and got some positive news from his Office; the Order for Brevard to get individual and public assistance went to the President's desk at noon yesterday; and it will take approximately three days for that to be signed and released. He stated when that is done, there will be an 800 number set up with the bank and people will be able to obtain assistance by phone; there will be a disaster registration center set up locally; and those details are currently being worked out. He stated it will be funded 75% by the federal government and 25% by the State; so it looks more encouraging than it did previously. Mr. Jenkins requested the Board extend the emergency proclamation executed last week to allow the County to continue to be eligible for reimbursement. He stated they are still incurring expenses in Public Works, Solid Waste, Traffic Engineering, and other Departments; so to maintain eligibility, the Board needs to extend the emergency proclamation for seven days, to August 15, 1995.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to extend the proclamation of a state of emergency until August 15, 1995.

Commissioner Scarborough inquired if there are any legal requirements to have a state of emergency ongoing; with County Attorney Scott Knox responding once it is declared, it is good for seven days; and it can be extended for an additional seven days if the state of emergency continues or if they need to qualify for funding.

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

Commissioner O'Brien stated District 2 needs $414,000 for new drainage pipes, and suggested Mr. Jenkins keep that in mind when the money comes in.

Chairman Higgs inquired if Mr. Jenkins is referring to federal assistance for individuals and businesses; with Mr. Jenkins responding yes. Chairman Higgs inquired if the County is still in place on the 75/25 assistance to governmental agencies; with Mr. Jenkins responding yes, that is the emergency response.

Commissioners extended their appreciation to staff who worked above and beyond the call of duty to do their job during Hurricane Erin.

Steve Dickinson of Florida Power & Light Company, advised that all customers who were out of service are back in service if their houses could accept the service; and FP&L has crews available to reconnect those houses that were damaged to the point where they needed to be repaired by electricians before being reconnected. He stated it was amazing to see how well the FP&L and County staffs worked together to restore electrical service for lift stations, shelters, etc.; and how extremely cooperative they were, including Stephen Peffer, Dick Martens, and others who were getting a lot of FPL's phone calls. Mr. Dickinson stated it was like one organization working hard to serve the residents of Brevard County; and it was heartwarming to see that happen. He extended his appreciation to the Board and County staff.

Chairman Higgs extended the Board's appreciation to FP&L for the efforts made and their hard work to restore electrical services to residences and businesses in Brevard County.

PERSONAL APPEARANCE - KATHY WALL, BUDGET DIRECTOR, RE: GFOA DISTINGUISHED BUDGET PRESENTATION AWARD

Chairman Higgs advised the County Budget Office has been recognized by the Government Finance Officers Association of the United States and Canada (GFOA), by receiving the GFOA's Distinguished Budget Presentation Award; the award represents a significant achievement by the jurisdiction and Budget Office; it reflects the commitment of the governing body and staff to meet the highest principals of governmental budgeting; and in order to receive the budget award, the jurisdiction had to satisfy nationally-recognized guidelines for effective budget presentation. She stated the guidelines are designed to assess how well the government's budget serves as a policy document, financial plan, operations guide, and communications device; and the budget documents must be rated proficient in all four categories to receive the award. She stated since the inception of the GFOA's Distinguished Budget Presentations Award Program in 1984, approximately 650 jurisdictions have received the award; and the award recipients have pioneered efforts to improve the quality of budgeting and to provide an excellent example for other governments throughout North America. Chairman Higgs advised the GFOA is a nonprofit professional association serving 12,650 government finance officials throughout North America; its Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting; and the Board is extremely proud of what the Budget Office has done, so she wants to present the award to them. Chairman Higgs presented Budget Director Kathy Wall with the Distinguished Budget Presentation Award from the GFOA; and stated the Board appreciates that the Budget Office has been honored in this way, and appreciates the work they have done.

PUBLIC HEARING, RE: TENTATIVE MILLAGES FOR FISCAL YEAR 1995-96

Chairman Higgs called for the public hearing to consider setting tentative millages for FY 1995-96, and instructed the public of the speaker light system.

Public Comments

George Nolan, Principal of Pinewood Elementary School, advised he gave each Commissioner a proposal for a County Library Education Center at Pinewood Elementary School; and while he realizes funding for the project is not part of the proposed budget, he requests every consideration be given to establish the library in the North Mims area. He stated the concept is a cooperative effort between the Board and School Board; the proposal is a cooperative effort by both staffs to identify the need and feasibility of the facility; and in this era of shrinking budgets and limited resources, governmental agencies have to work together for the good of the communities. Mr. Nolan advised Dr. Sawyer and the School Board endorsed the effort; and requested the Board give it consideration on behalf of the citizens of North Mims/Scottsmoor area.

June Horner, 3555 Todd Lane, Mims, Vice President of the Friends of Mims/Scottsmoor Library, advised the organization's corporate papers are in order; its membership is ongoing; and it had successful book and bake sales, and plan to have a community library for Mims and Scottsmoor. She stated she hopes the Board will consider that the residents of the area need to have a library to make a real community; they have a lot of schools and churches; and they need a library.

William Perdue, 545 Chase Hammock, Merritt Island, advised he is against some of the budget cuts, especially in Parks and Recreation; they are trying to give children a place to play; one of the soccer teams on Merritt Island has to travel to Port St. John to practice; and he was told it will be three to five years before the facility they are trying to build in North Merritt Island can be done. He stated they need places for the children today; and cutting the budget cuts those facilities. He stated it is not cheaper to give the children to the State to put in jail than to provide places for them to play; parents have been working on weekends to get the fields in shape; and they need more money for the children so they do not have to play in the streets. Mr. Perdue stated he is against cutting the Fire Department's budget; last year they had to cut one fire truck from being refurbished; and next year they may have to cut two fire trucks from refurbishing because of budget cuts. He stated it was tried several years ago and they had no spare fire trucks in the County; they had to buy six new fire trucks with new tax money; it is hard when a truck breaks down and they have to call a second engine; and it takes more time to get emergency vehicles on the scene. Mr. Perdue advised twice since he has been in the County the Board has cut the budget for the Fire Department then had to buy a large amount of trucks; the County is constantly growing; and it needs to keep putting money back into the system to keep it operating efficiently.

Joel Taft, 3725 Sawgrass Drive, Titusville, advised closing of the McDonnell-Douglas Plant in Titusville, and layoffs at Harris and KSC have had a major impact on the economy of Brevard County; if left alone, the situation will get worse; and he was forced to retire, so taxes hurt him as much as anyone else on a fixed income. He stated he heard talk about turning away from the Space industry and looking at other industries; every NASA Center can be closed and their operations consolidated elsewhere; but they cannot launch rockets from Houston or Huntsville; and only one NASA Center is capable of launching the Shuttle, which is Kennedy Space Center. He stated it makes economic sense for companies to consolidate space-related operations at one place; and the Board needs to do everything it can to make that place Brevard County. He stated this is not the time to play tax-cut hero and not support the Economic Development Commission (EDC) because Brevard County is in fierce competition for new jobs with the rest of Florida and other low tax warm weather states. Mr. Taft stated the McDonnell-Douglas Plant is closing because the State that wanted the new jobs was willing to provide the financial incentives necessary to make Hughes the lowest bidder, and Florida was not, so Brevard County is the loser because of it. He stated he is not a member of EDC and was not even a supporter of it because he felt it was for fancy offices and big promises; but the Board should not blame Lynda Weatherman for the EDC's past operations. He stated if it is unhappy with the financial operation or office location, it should give EDC office space at Viera and greater financial accountability conditions; and it should not expect local companies to provide the bulk of the financial support for EDC. He stated the fact that EDC did not achieve its contribution goal is ample proof that the private sector is unwilling or unable to support EDC at a level that would allow it to operate without County assistance; the Board should not expect the cities to provide a large portion of EDC's funding because their financial problems are worse than the County's; and Ms. Weatherman should not be spending her time begging the private sector for financial support instead of marketing the County to companies nationwide and worldwide and persuading them to move here. Mr. Taft stated it is easy to be fiscal heroes by cutting taxes; it is one thing to cut fat and force County agencies to operate more efficiently with less; but it is another thing to make cuts that jeopardize the future of this County. He stated if the Board makes the wrong decisions today, the children will not be able to make the payment tomorrow because they will not have good paying jobs that will allow them to do so; and suggested the Board close its ears to those whose only words are cut taxes because those people do not realize that if unemployment is not turned around and the tax base increased, they will be paying higher taxes to maintain minimum levels of County services. Mr. Taft advised counties that understand the situation are supporting their EDC's and reaping benefits; and strongly urged the Board to support Lynda Weatherman at a level that will allow her to concentrate her efforts where they belong, recruiting new businesses. He noted one or two dollars per taxpayer today could provide tax reductions many times that tomorrow; Ms. Weatherman's talents are needed more now than ever; and the Board must invest in the future today, or Brevard County will not have a future.

Glenda Busick, 3500 Harlock Road, Melbourne, advised she is here to support Commissioner Cook with an item he has for budget reduction; and inquired if she could talk after he does. Chairman Higgs advised the Board is taking public comments at this time, and Ms. Busick should proceed with her comments. Ms. Busick advised something came to light that she wanted to help Commissioner Cook with regarding medical insurance; there is an HMO Program and PPO Program where employees can select their own doctors; and her company changed to HMO, so she became aware of what wonderful services can be provided through HMO. She stated the County has a better HMO Program that they were presented as a small employer; there are 3,100 employees under that umbrella; and two-thirds of the employees picked PPO which is the more expensive program, but they can pick their own doctors. Ms. Busick advised under the County's HMO Program it takes only $5.00 for a doctor's visit; in her program it is $15.00; for prescriptions, it is $5.00 for generic and $10.00 for name brands; and in her business it is $7.00 for generic and $12.00 for name brands. She stated if she needs to go to a hospital, she would pay $100 dollars a day for five days and be out of pocket $500; the County's HMO has no such condition; there is no minimum and they pay nothing; and she got that information from Risk Management Director Gerald Jacobs. She stated if an employee does not want the great HMO Program, the Board is subsidizing that employee to get the PPO Program by $43.00 a month, or $516 a year times about two-thirds of the employees; and that is a lot of money, over a million dollars; and inquired why should the Board subsidize a better plan when HMO is wonderful. Commissioner Ellis stated the Board went through the issue about two years ago on the deductible. Chairman Higgs advised it did not discuss deductibles last year because it changed to the different plan; and it was two years ago that some of the Commissioners supported a higher deductible but were not successful in that.

Risk Management Director Gerald Jacobs advised the whole concept of going with Humana was to offer employees the option of remaining with a benefit program under PPO which was similar to what they were accustomed to; many employees have a strong attachment to a particular doctor or idea of being able to select their physician; and this made a smooth transition between the old indemnity plan which had very little in the way of cost control to managed care plans. He stated HMO has more managed care to it than PPO, but the two plans are still saving about $2,000,000 a year over last year. Commissioner Ellis inquired what is the deductible under PPO; with Mr. Jacobs responding about $100 plus a co-insurance limit of $700, so an employee could have up to $800 out-of-pocket expenses over the course of a calendar year.

Chairman Higgs inquired if the deductible of PPO was changed, what savings would be realized. Commissioner Ellis stated since PPO costs more than HMO, the Board could get some of that differential back by changing the deductibles. Mr. Jacobs stated he could get some figures from Humana on what that would save the County if it chose to raise the deductibles when the Plan is renewed in January 1, 1996. Chairman Higgs inquired if the Board does not have an option to change it before January 1; with Mr. Jacobs responding that is right, it would only be feasible to change the annual deductibles on the anniversary date.

Commissioner Cook stated this is an important issue; the costs are always huge; but if the Board can save additional money, especially if it is subsidizing one portion of it, staff has to look at that. Commissioner Ellis stated he wants to have the PPO option available, but raise the deductible, rather than force everybody into HMO. Commissioner Cook stated that would be all right, and requested those figures. Chairman Higgs requested staff look at yearly out-of-pocket expense, what variations are achievable, and what the costs are. Mr. Jacobs stated they can check some alternatives and have whatever the Board wants; and if it is aiming at eliminating the $43.00 different in cost, they could provide what combinations will give that figure. Commissioner Ellis suggested changing the deductible, employees who pick PPO paying more a month, and other combinations that the Board can look at.

Commissioner O'Brien recommended staff return the last week in October or first week in November since the Board cannot change it until January. County Manager Tom Jenkins stated the second meeting in September would probably be better.

Joseph Stadnik, 3422 Angelica Street, Canaveral Groves, President of the Canaveral Groves Homeowners Association, advised when Canaveral Groves was started 35 years ago north of Cocoa and south of Port St. John, the roads were very poor; with the help of the County Commissioner and people who would like to have better transportation, the roads started improving and more people began moving in there; Canaveral Groves covers approximately 15 square miles and has 1,300 homes; and this year they paid $87,000 in taxes for parks, but no where in Canaveral Groves is there a park. He stated by the year 2000 with the present growth, Canaveral Groves would have 2,000 homes and pay $135,000 to $200,000 in taxes; and the Parks Department did not put any funding in the budget for a feasibility study for parks in Canaveral Groves. He requested the Board reject the Parks budget for next year and have them come back with an item for a feasibility study for a park in the area; they want a return on their investment and so far have not seen a return; and that is not the American way of doing things. Mr. Stadnik stated the park type they are interested in is not a park with a ballfield and fence around it; they would like to have a park that is the center activity area for the community; and it would support sports of all kinds, an area for arts, and have a huge meeting room for about 400 persons so meetings can be held in there and plays can be performed in there. He stated the Board should not buy a lot and see what it can put on it; it should have a study of what is needed and wanted in the area; and suggested the Board reject the Parks budget as it stands. Commissioner Scarborough advised the $86,000 Mr. Stadnik referred to is going to District 4 Parks and Recreation. Commissioner Ellis stated the Board requested the Legislature to change the boundaries of that District; and inquired if Canaveral Groves is combined with Port St. John on the Off Road Vehicle Park. Commissioner Scarborough stated District 1 Recreation MSTU starts at Canaveral Groves Boulevard; and the new MSTU for the Off Road Vehicle Park stops there as well; that millage does not come from Mr. Stadnik's area nor District 1's millage. Mr. Stadnik stated the Vehicle Park is in District 1 Taxing District; it is not supported by Canaveral Groves, and is supported by Port St. John and areas north of it; therefore, it is difficult for them to say they can use it and not pay for it. Commissioner Ellis stated he disagrees because it is a public park and can be used by the public; and there are children in Canaveral Groves who play soccer and little league in other County parks. Commissioner Scarborough advised Mr. Stadnik has been attending meetings of District 4 Recreation and they do not want to include him so he does not know where to go. Commissioner Cook stated if it is a public meeting, how can they not include him; with Commissioner Scarborough recommending Mr. Stadnik talk to Commissioner Cook about some degree of representation at the meeting of the Board structured through an act of the Legislature. Mr. Stadnik advised he asked for representation from Canaveral Groves and was told the State Legislature appointed the City Management of Cocoa, City Management of Rockledge, and Management of the County to that Board; and the County Manager is represented by Chuck Nelson. He stated Mr. Nelson said there would not be a park in Canaveral Groves at the homeowners meeting; and inquired why should they pay for the money to go elsewhere. He suggested the Board nullify the tax in Canaveral Groves, leave it with them and let them put a park in as they see fit. Commissioner Ellis stated that would have to be done by the Legislature. Commissioner Cook stated it was part of the legislative package and was defeated.

Parks and Recreation Director Chuck Nelson advised Mr. Stadnik has been before the Administrative Board of District 4 Special District on two occasions and sent a representative on the third occasion; the reference to not building a park in Canaveral Groves was that they would not recommend one being built because of the Off Road Vehicle Park within three miles of the majority of Canaveral Groves; and that would be more than a sufficient service area for a park of that size and would be the same type of park he referenced with a community center, swimming pool, athletic fields, and other amenities. He stated there is the issue of the two different Recreation Districts; the MSTU comes down to Canaveral Groves Boulevard and the Special District starts after that; and that is the issue that needs to be clarified first and foremost. He stated in terms of being served by a park, they are definitely being served by the Off Road Vehicle Park which is on Canaveral Groves Boulevard; so he does not agree that they are not being served. He noted the argument is it is not in the heart of what is historically known as Canaveral Groves, but it is served by the Off Road Vehicle Park.

Jim Mizell, 4035 Tiwa Lane, Titusville, Vice Chairman of TiCo Airport Authority, advised the TiCo Airport Authority's budget is about 46% less than last year in terms of dollars and 29% less in terms of personnel; it has over $3,000,000 in construction planned this year, all income producing; he has meetings with FDOT and FAA trying to obtain more 100% funding for many of their projects; and they have said they appreciate the support the Board is giving the Authority and will continue to support them. He stated they have the Spaceport Commerce Zone Park that received 100% financing for the interconnecting road on Shepherd Drive between the Park and the Beeline; the road will serve three purposes; it will expose the Park to more commercial development, give a new road to the Airport, and provide an outlet for Port St. John to get to the Beeline without going up Grissom Parkway and interfacing with the traffic on SR 405. He stated they will be before the Board in September; they have the money in hand and need to get on with the project; and he would appreciate the Board's support when it comes before it. Mr. Mizell advised the State and FAA are in favor of using the money for economic development in Brevard County; they know it is needed badly and that is the tact he will take when meeting with FAA looking for projects where they can help the County with more economic development. He stated the airports are great economic developers; they have not been used that way in the past; but the current Authority is headed that way and he appreciates all the good appointments made by the Board. Mr. Mizell requested the Board 's continued support of the millage for TiCo Airport Authority.

Chairman Higgs inquired if Mr. Jenkins would like to clarify the mission today and where staff is with the preliminary budget.

Presentations

County Manager Tom Jenkins advised the budget reduces the aggregate tax rate by 5% from the current rate and approximately 4.6% from the rolled back rate; and it reflects a continuing effort to streamline operations, flatten the organization, and eliminate management and support positions where possible. He stated in order to achieve the 5% reduction, it was necessary to say no to a number of requests for new and expanded funding and to reduce some areas. He stated they are using an improved format of a program budget; they took the operations and services of the County and broke them down into individual programs; it makes the budget easier to understand; it better explains to the Board and taxpayers where the money is being spent and what the outcome of the expenditures will be; and Ms. Wall will go over the millage issues the Board must address today.

Budget Director Kathy Wall advised the Board must adopt tentative millages for FY 1995-96; the millages adopted will be noticed to all property owners by the Property Appraiser's Office, and will include the time and place for the first public hearing on the County's budget; and that meeting has been scheduled for September 6, 1995, at 5:30 p.m. She stated the total recommended budget for FY 1996 is $471,911,016, a decrease of 6.6% from the total budget approved for FY 1995; the recommended aggregate ad valorem rate is 6.5172 mills, a decrease of 5% from the current millage; and that includes a decrease in the General Millage of 6.2%, in the Library District millage of 7.78%, in the Mosquito Control millage of 4.79%, and in TiCo Airport Authority's millage of 46%. She stated all other ad valorem millages are recommended at the rolled back rate or rates sufficient to accommodate the programs. Ms. Wall advised the recommended ad valorem millage rate equates to a $15.68 decrease over the current County's ad valorem tax rate for the average single-family home in the unincorporated area and a $17.05 decrease for the same residence in the incorporated area. Commissioner Cook inquired what is the average house; with Ms. Wall responding $70,700.

Chairman Higgs advised the issues Mr. Jenkins identified that the Board needs to deal with are Law Enforcement MSTU, Economic Development, Road and Bridge MSTU, General Fund Revenue forecast, and potential use of the tax cut to fund one pod of the jail expansion. She noted there may be others, but those are some of the significant issues. Commissioner Scarborough inquired if those will be handled separately; with Chairman Higgs responding however the Board wants to do it. Commissioner Ellis inquired if each Commissioner can add to the list; with Chairman Higgs responding other key issues should be put on the table now so they know what they are.

Commissioner Ellis recommended golf course losses, Jetty Park transfer, and annual capital allotment for Road and Bridge maintenance equipment. Commissioner Scarborough recommended the revenue streams and reliability of same, and Mims/Scottsmoor Library. Commissioner Cook suggested stormwater as mentioned by Commissioner Ellis. Chairman Higgs recommended discussion on the revenue forecast then Law Enforcement MSTU options; and inquired if Commissioner Scarborough wants to raise his issues regarding revenues. Commissioner Scarborough advised he will defer to Chief Deputy Clerk Jim Giles or Finance Director Stephen Burdett.

Revenues

Chief Deputy Clerk Jim Giles advised the Clerk's concern with the Budget Office's forecast relates to excess fees from Constitutional Officers, revenue from Local Option Sales Tax Revenue Sharing, and franchise fees because a 13th month was counted; however, the Budget Office changed its basis of accounting to modified accrual basis in which revenues due on September 30th is recognized as part of what is available to spend for the coming year. He stated the Clerk's concern is sufficient cash to pay bills during the period from October 1 to November 15, 1995 when revenue is not coming in from the ad valorem tax; the schedule from the Budget Office of the fund balance at the year end, indicates an amount which includes cash and amounts due to the County on September 30th; the Clerk has subtracted from that figure the amounts due from the County to figure out if there will be sufficient cash to pay bills; and based on the summary sheet, it looks thin, but sufficient. Mr. Giles advised the only difficulty the Clerk has with the summary sheet, which is a matter of policy for the Board, is it may be a little on the rosy side; the Budget Office projected there will be 7.38% increase in revenue for the coming year; Footnote No. 2 shows only 93% of what is budgeted will be spent; the Budget Office has given good disclosures in the summary sheet; however, the Clerk wants to make sure the Board is informed on and comfortable with that.

Chairman Higgs inquired if the issues raised initially by the Clerk received satisfactory answers, but that the Clerk is still somewhat concerned about the 7.3% overall increase and 93% of the budget being spent; with Mr. Giles responding that is correct.

Commissioner Ellis inquired if the Clerk's concern is that the Board will not have enough cash forward at the end of this fiscal year and next fiscal year to carry it until property taxes come in; with Mr. Giles responding if the fairly rosy expectations are met, they will be able to pay the bills; but if revenue does not come in with the 7.38% increase and the 93% expenditure is exceeded, there may be problems. He stated historically what has been budgeted has been spent at 93%, and the Board has control to assure that happens; but the Clerk's Office has suffered a significant decline in recording fees because of the rise in interest rates and general economic situations, so he is not that rosy with the Clerk's budget as to revenues. Commissioner Ellis inquired what is the Clerk's estimate of the amount needed in the General Fund for the six to seven-week period; with Mr. Giles responding he does not have the analysis sheet which was faxed to him at ten minutes to five. Commissioner Ellis inquired what is the difference between what the Clerk feels is a rosy picture and the not-so-good picture for the six to seven-week period; with Mr. Giles responding close to $15,000,000. Commissioner Ellis inquired if $15,000,000 is the differential between the two pictures for the six-week period; with Mr. Giles responding no, but the Board will need cash of about $15,000,000 for this year and next year. Commissioner Ellis inquired what would be the shortage; with Mr. Giles responding he would have to go back and review each revenue projection of the Budget Office as to whether he feels it is optimistic or not. He stated he cannot say they have a difference with the Budget Office on its estimates because they did not have the information to examine closely each of the estimates. He stated the initial correspondence with the Budget Office was a concern that it looked like a little over four million dollars was being added to what they would have on hand to start the year; as they got more into that, they found that it was a basis of accounting issue and the Budget Office wanted to recognize what was due to the County like cash; and the Clerk's response to that was that is fine and proper accounting, however, the amount reserved to pay bills may need to be increased. He stated based on the Budget Office's projections, there is enough money to pay the bills; the only question is if it is too rosy or is the Board cutting itself too thin; it can probably survive with this budget; but if the economy does not turn out to be as good as expected or if budgets are spent in full rather than 93%, then the Board may find itself in a difficult circumstance next summer. Commissioner Ellis advised he is trying to get a feel of what the Clerk thinks is the potential shortfall; and inquired, if it is15 million dollars, and the Budget Office has 19 million dollars, is the concern that it is too rosy and it may come in at 14 million dollars; with Mr. Giles responding he would have to analyze it to answer that question. Commissioner Ellis stated he is concerned because that is very critical for the Board when it makes its decision. Mr. Giles stated they asked for the revenue items and were not privy to that; and Commissioner Scarborough just received a fax from the State on Thursday that it has not officially published what its estimates are on State revenues. Commissioner Ellis inquired if the Clerk feels there is enough cash forward for this year; with Finance Director Stephen Burdett responding it is close. Commissioner Ellis advised the Board always has the option to monitor during the year to see a potential shortfall and begin making rescissions in the budget to have more cash forward to get through the next fiscal year; and if the Clerk thinks there is going to be a shortfall this fiscal year, the Board needs to set aside more money right now. Mr. Giles stated it is difficult to do at this stage; the Clerk's recommendation is for the Board to monitor very closely from month to month and be conservative on spending practices until it is assured the economy is not staying flat or dipping; and that is the best advice he can give the Board. Commissioner Ellis stated given what he has heard from the Clerk's Office, he would like to talk about a hiring freeze again.

Commissioner Scarborough advised the franchise fees is projected for a half-a-million dollar increase in revenue; in the last three years it has been softening; it has actually been a decreasing stream of income; and now it is projected as an increase. He inquired if there is some indication why the softening trend should be reversed and revenues increased from that source; with Budget Director Kathy Wall responding it is not the FP&L franchise fee, it is the cable franchise fees which they have traditionally set for an increase. Commissioner Scarborough inquired if staff is comfortable that the County will get an extra half a million dollars. He stated the charge for services was 1.4 million increase in 1993-94, 1-1/2 million decrease in 1994-95, and next year projected at 2.3 million increase; and inquired why will it increase; with Senior Budget Analyst Neil Boynton responding there are 80 to 100 different charges in that revenue summary that many of the agencies are projecting will increase because of population and demand, and a lot of the court fees are labeled user charges. Commissioner Scarborough inquired if the Budget Office has the estimates from each department and added them up to indicate that increase; with Mr. Boynton responding yes. Commissioner Scarborough stated when he sees things vacillating that much and a continuing softening rather than increase, his concern is that the Board could take a three-million-dollar hit and be scrambling next year; so he would like to see a breakdown on that.

County Manager Tom Jenkins advised Finance believed it would be tight, but there would be sufficient cash flow to carry through the start of the next fiscal year; and he has done a number of budgets with the Finance Department and Budget Office, and found that historically the Finance Department takes a conservative approach and had four to eight million dollars of unbudgeted cash forward at the end of the fiscal year. He stated that is not bad because it builds up a savings, so he is not saying that in a negative sense. Mr. Jenkins advised in the last several years, the Budget Office has been more aggressive in estimating revenues; in being more aggressive, the net result is an avoidance of tax increases; however, in looking at the track record of the Budget Office, at no time has it ever been under-budgeted, and in fact typically came out with two to three million dollars of unbudgeted excess cash forward each year. He stated no one can say for sure what is going to happen with the economy; however, if they see, as they go through the quarterly reports, any significant deviation or under-funding, they would have to react accordingly to manage the resources they have; and that could include a hiring freeze or anything else. He stated in the last five to six years, the County has spent approximately 92% to 93% of its budget each year; so there is a trend and not something someone came up with arbitrarily. Mr. Jenkins advised the other consideration is that in most positions they have a hiring delay of six weeks which in effect increases the salary pools; they do not have a track record to forecast what the impact of that is going to be; but it should be significant because it represents one and a half months salary for any vacancy. He noted those are some issues the Board may want to consider as it deliberates over the tentative millages.

Commissioner Scarborough inquired if there are any items under revenue what are non-recurring and when and how were the health insurance funds consumed when the County switched to Humana; with Ms. Wall responding the budget for next fiscal year poses to use the one-time savings of the County going to Humana for non-recurring items such as $650,000 to support Port St. John East MSBU, $235,000 for moving expenditures associated with Harry T. and Harriette V. Moore Justice Center, and $50,000 for capital improvements to comply with the American Disabilities Act. Commissioner Cook inquired how was it determined to be spent for those purposes; with Mr. Jenkins responding he is recommending that. Commissioner Scarborough stated his concern is not to spend it for things that are going to recur because it will set the Board up for tax increase next year. He stated there are reserves that are not committed; and inquired how the savings in reserves have been affected and if they were reduced; with Ms. Wall responding with implementation of this year's budget, the fund balance will decrease by 2.3 million dollars; however, with the implementation of next year's budget, it will remain fairly constant.

Chairman Higgs advised she received a fax from Commissioner Scarborough's office on revenues Brevard County receives from the State per Brian McGavin; with Commissioner Scarborough responding the State generally projected more optimistically than Finance or the Budget Office. Chairman Higgs inquired if the Budget Office's projections are lower than the State; with Ms. Wall responding some are lower and some are higher. Mr. Jenkins advised there are some variations because staff received it after they did the budget. Chairman Higgs advised the State is showing 7.057 million dollars on revenue sharing and the Budget Office estimated 7.89 million dollars; with Ms. Wall responding traditionally the State Revenue Sharing estimates are fairly conservative; another reason why it is more conservative for next fiscal year is the decline in non-recurring intangible tax which the State feels will be a continuing downward turn for next fiscal year; however, since interest rates have dropped, staff feels there is going to be an increase in the one-time intangible tax on loans secured by real property within the State. Chairman Higgs stated staff's projection for the 1995 budget year is below the actual collections for FY 1993-94; the half cent local sales tax shows a hefty increase; and inquired what are the revenues to date and if they are on projection with the 12.3 million dollars in the half cent local sales tax; with Ms. Wall responding she does not have those figures available, and will get back to the Board to provide those figures.

Commissioner Cook advised the Clerk's Office said the projections in general are rosy and overly optimistic; and inquired if the Budget Office concurs; with Management Services Director Michael Managan responding they do not concur; they believe the estimates are realistic; and there is a track record that will bear those out. He stated if expenditures start to exceed revenues next year, they will have to take some kind of action to cut back expenditures to make everything even out; and they will monitor those things. Mr. Managan stated he takes exception to the statement that the estimates were not available to the Clerk's Office because they were available; and they recently did a survey of surrounding counties and were able to get information which related to the amount of fund balance the other counties have in their general fund. He presented the survey to the Board. Chairman Higgs asked Mr. Managan to summarize the report. Mr. Managan advised currently the fund balance of Brevard County represents 20% of its revenues; Volusia's represent 8%, Seminole 21%, Polk 21%, Lee 15% and Pinellas 16%; so they are right in with the group, and right now is on the high side with surrounding counties.

Commissioner Scarborough advised if they are taking funds from savings and putting it into a recurring expense, it will set the County up for continually having to take that same two million out; but if it was for a one-time expenditure, it would be different. He stated it may be able to do something this year, but next year it would be building in a tax increase.

Commissioner O'Brien inquired what is the ultimate purpose of saving that kind of money; with Mr. Jenkins responding they use the money at the beginning of the fiscal year as cash flow to operate on until they start getting revenues; and every year there is a transfer from cash forward as one of the revenues. He stated as long as they maintain a fairly constant amount in that account, that is the money they will use every year to finance the County's operations, and try to maintain a somewhat constant level. Commissioner O'Brien inquired about using the cash forward in the future to pay down County debt and get to the position of pay as you go; with Commissioner Ellis responding it will not pay from October to the middle of November each year. Mr. Jenkins advised they must have money to operate on at the beginning of the fiscal year, and it replenishes itself at the end of the year. Commissioner O'Brien inquired if they still have 7% sitting around some place; with Mr. Jenkins responding yes, but it takes cash to pay the bills. Commissioner Scarborough stated the problem is the cash flow does not come in at the same time the fiscal year begins; but there are other ways to go such as tax anticipation notes. He stated some counties use tax anticipation notes rather than cash forward; the Board could borrow from Enterprise Funds; so there are several different philosophies on how to handle it. Commissioner O'Brien inquired what happens to the 7% after the money starts coming in; with Mr. Jenkins responding they use it. Discussion ensued on the use and accumulation of cash forward. Mr. Jenkins advised historically they kept an unspent reserve of about four to five million dollars; anything in addition to that gets spent; and this year they are recommending $600,000 for Port St. John East MSBU, $50,000 for ADA improvements, and a certain amount for the move into the Justice Center.

Mr. Giles stated there is a constant floating amount that is needed each year during October and early November until taxes come in; and if the Board elects to use that, it would lose the cushion to pay bills and would have to make a temporary loan. Commissioner O'Brien stated he understands that, but does not feel he has gotten the right answer. Discussion continued on the revenue that is carried over each year. Mr. Giles advised it is not cumulative and will not add up because it is revenue spent each year.

Chairman Higgs inquired if there is a motion regarding revenues, or does the Board want to go forward with the revenue projections it has, understanding the cautions expressed by the Clerk's Office. Commissioner Scarborough stated he has not resolved all his questions; in prior years they had charges for services broken down as to what was going up and what was going down; and there was information he previously acted on that he does not have today. He stated he still has concerns about the projections; they show an increase of 2.3 million dollars, but last year it was reduced by 1.5 million dollars; and inquired if it continues to slip, would the Board have a 3 million dollar shortfall. Chairman Higgs advised the actual collection in 1994 on charges for services was 8.8 million dollars; the projections for 1996 is 9.7 million dollars; but that is a 1994 and not a 1995 collection figure. Clerk of the Courts Sandy Crawford advised the 1995 projected figure is 7.3 million dollars. Commissioner Scarborough stated previously the Board got those figures broken down to the different services; Mr. Boynton said he has them for the different services; and he would like to see who is doing well, who is not, and why, and to know where the revenue is coming from and whether he can rely on it. Commissioner Cook stated the Board may set a tentative millage today, but it will have a number of questions that have to be answered before its final action.

Mr. Crawford advised the Clerk's Office tried to be realistic in its projections of what the budget would be; the Budget Office's projections show it going from $100,000,000 to $107,000,000 from 1995 to 1996; so the Board is buying into a seven million dollar increase in taxes in the General Fund over the one-year period. He stated it has a two-million-dollar drop in the cash reserves and expects seven million dollars more in receipts, that is optimistic; and that is why his Office says it is a rosy picture; and he wants the Board to be aware it is buying into that. Mr. Crawford stated whether the projection is right or wrong, only time will tell, but seven million dollar increase seems large with the economic climate in the County right now. Commissioner Ellis stated the bulk of that is intergovernmental state and charges for services; and inquired if Mr. Crawford feels the State Revenue Sharing is not going to come in; with Mr. Crawford responding the County is expecting the State to give it three million dollars more than it did last year; he is not sure if that is true or not; the Budget Office got those projections, but he is responsible for the finances of the County; and he wants to make sure it has sufficient funds to pay the bills when the year end comes. He stated he wants the Board to be aware of what it is buying into in the way of projections and be certain that it is what it wants to do; but his office will carry forward with the budget as it is given to him. He stated in 1994 the actual was 105 million dollars; in 1995 the projection is 100 million dollars; and in 1996, it goes up almost 8 million dollars, but the taxes are being reduced 5%. He inquired if the Board is going to reduce the taxes by 5% and collect more money; with Commissioner Ellis responding yes because it has increased values and new construction. Mr. Crawford stated the Board is making the judgment on it; and he will carry forward with the budget it gives his Office. Mr. Managan advised the 1995 projected column is a very conservative estimate.

Law Enforcement MSTU

Sheriff Jake Miller requested the Board consider raising the MSTU millage by a fifth of a mill or an increase of 20 cents on each dollar of evaluation after homestead exemption. He stated he is not asking the Board to take that action today, but to let the impacted homeowners in the unincorporated areas have an opportunity to contact each Commissioner for some indication of support for more road deputies; they need six more patrol zones so they may decrease response time where there has been extensive growth; and requested the Board set the millage at one mill and retain the opportunity to lower it in the final budget hearing. He stated if the Board does not take that action now, the door will be shut for another fiscal year; and if it sets it at one mill at this meeting, it can still lower it after hearing the public express their concerns for more road deputies.

Chairman Higgs advised she asked Commander Robinson how they could evaluate the impacts of the 25 road deputies a year from now or even two years from now, and what did he see as the performance measures of the outcomes that they could look to this year and in the future for the additional expense; with Sheriff Miller responding he had that information and does not know why Chairman Higgs did not get the report, but he will see that she gets a copy. He stated the report basically talks about their desire to be proactive instead of reactive; right now they are in the position to react to crimes and not doing things people need to protect them; and they would like to get more involved in community policing. He noted some of the deputies would go into that if approved; he wants to decrease the size of the zones so deputies do not have to travel long distances, and decrease response time which is extremely important; and they can do that with additional people. Sheriff Miller advised there is nothing in law enforcement that will allow him to tell the Board that in 12 months it will have a definitive report that says it worked; if the deputies are approved, it would probably be two years before he could show the Board any productivity; it takes almost a whole year for extensive training of a law enforcement officer; so that deputy is not in the street for six or seven months of the first year. He stated the better job they do, the more reports people will turn in; so if they do a good job, then more crimes will be reported. He reiterated that it would decrease response time, some of the zones, and time people have to travel within the zones, and be more proactive instead of reactive. Chairman Higgs inquired if the Board funded all or some of the positions, would the Sheriff give the Commissioners the status of the additional 25 people on a quarterly basis so they can monitor them and tell their constituents exactly where they are in the process, such as training, on the road, etc.; with Sheriff Miller responding yes.

Commissioner Ellis advised he is willing to consider a tenth of a mill but not the full two-tenths; the MSTU was increased almost 50% a few years ago and a portion of that was for capital; after two years the capital equipment has been purchased such as cars and vests; and the Sheriff should be able to fund more people with a tenth of a mill. Chairman Higgs inquired if a tenth of a mill would fund 12 additional deputies; with Mr. Managan responding yes. Commissioner O'Brien advised he could support a tenth of a mill; the public wants a feeling of safety throughout the area they live in; and they have been clamoring for years about the lack of police protection. He stated crime is increasing and there is not enough deputies to do something about it; the increase would provide 12 road deputies and not desk employees because it is funded from the MSTU; and that is what the people want. Commissioner Cook advised he has no problem with that; there needs to be an increase; but it is difficult to do all those things in one year even though they may want to. Commissioner Ellis stated whenever they get to the cap, there is nothing left.

Chairman Higgs advised the Board could probably do better than 12 deputies and stay below the capped millage; safety and security of the people is most important and what they are willing to pay for; if the Board approved the full request, it still leaves the number of deputies per capita in the unincorporated area much lower than the rest of the County in terms of law enforcement; and the cost to go with Alternative 1 will still leave a property tax decrease. She stated she is willing to go with the full request for 24 deputies. Commissioner Ellis stated when the Board increased it 50% part of the money was for capital that does not recur each year; and it cannot give everything to everybody. Chairman Higgs stated reviewing statistics of law enforcement personnel and the Sheriff's budget indicates the Board is not investing in law enforcement at the same level as the cities or other counties. Commissioner Scarborough stated he received calls all in support of the Sheriff's request, and no one called in opposition.

Commissioner Cook advised generally people do not oppose additional deputies; counting the cities and unincorporated area, Brevard County is at the national average of officers per 1,000 people; it is slightly below in the unincorporated area; and that is why he supports additional officers. He stated the cities are slightly higher than the national average; five additional deputies were approved at the last meeting for specific areas; and although it is a separate item, they are five deputies that will be enforcing the law, so it relates to this issue.

Chairman Higgs passed the gavel to Vice Chairman Ellis.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve full funding of the Sheriff's proposed increase of 24 road deputies. Motion did not carry; Commissioners Scarborough and Higgs voted aye, and Commissioners O'Brien, Cook and Ellis voted nay.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Alternative 2, the addition of 12 deputies to the Law Enforcement MSTU. Motion carried and ordered unanimously.

Commissioner O'Brien stated Brevard County taxpayers pay more per year for libraries and parks than for police protection; they can go to the library, walk outside and get mugged or have their cars stolen, or go to a park and get mugged; and it is ludicrous to pay that amount of money for libraries and parks and be cheap with cops.

Economic Development Corporation (EDC)

Commissioner Ellis advised the Board should set priorities and appropriate General Fund for maintenance equipment for Road and Bridge; and given the storms the County had, it will need to buy more maintenance equipment to do the work. He stated if he had to make a decision between EDC and Road and Bridge, he would put the money into Road and Bridge; EDC should be self-supporting; Lynda Weatherman does not have to raise all the money herself as she has staff; and they could have commissioned salesmen to raise funds; so he does not support giving General Fund money to EDC.

Commissioner O'Brien advised all the EDC staff in Polk County are government employees; it is a quasi-governmental corporation; and since he has not read all the information about Polk County's system and other Counties' systems, he would not want to make a decision today on what to do about EDC. He stated he supports business paying for business; he does not like putting EDC on the homeowners' back; if the Board adds a certain amount to the occupational license, it could generate $175,000; and that was the presentation from EDC to add on to the occupational licenses and use those funds for EDC. Commissioner Ellis inquired if EDC has so much business support, why does the Board have to take it from the businesses in the form of a tax; with Commissioner O'Brien responding Polk County generates tax dollars close to $800,000 for economic development and tourism development; and separating tourism, they are doing EDC at about $445,000 of which none is from the private sector.

Commissioner Scarborough advised the difference between manufacturing and retail is about a three-fold increase in wages; those people buy homes, increase sales tax revenue, etc.; manufacturing plants are basically self-contained and draw no services from the County, such as McDonnell Douglas plant in Titusville; yet they provide a revenue stream into governmental agencies. He stated anytime they can get gravy trains into the County, it means long-term cash flow that does not come from the average taxpayer; so the County would have quality services and low millage rates; and it is an investment to have that type of operation. He stated things will come into Brevard County, but they may not be good things unless the Board lets them know it is concerned; it has a labor base and incentives; and people are upset because they are losing their jobs and the Board does not think economic development is important. Commissioner O'Brien stated economic development is one of the most important things the County can possibly do, but the question is how to do it. Commissioner Cook stated this Board is pro-economic development; other Boards were pro-development; this Board has taken action to stimulate the economy, help small business owners as well as large owners, and doing positive things; and whatever else needs to be done, the Board needs to pursue it to make it work. Commissioner Ellis stated he resents people saying the Board is not doing anything if it does not fund EDC; it has given up well over half a million dollars a year in impact fees; it provided ad valorem rebates; and it has done a lot to support business coming in. He stated it is time for business to support the EDC; the taxpayers are giving their share already; and it is time for business to raise money and put in their share.

Commissioner O'Brien stated the EDC could raise its own funds and do its own thing; the County could put a surcharge on occupational licenses and have its own EDC and use it as a government office like other counties have, because where the problems start to accumulate is in the present EDC format. He stated government has given EDC $175,000 and does not have a member on its board. Commissioner Cook stated if they stay with the current structure, there has to be representation on the Executive Committee from this Board; his appointee told him that is necessary and he feels he is a rubber stamp for the Executive Board; and that is not acceptable if they stay with the current structure.

Chairman Higgs advised the Board does not have to decide today on the structure, but it needs to have a good idea of the dollar amount it would set aside within the General Fund to fund economic development; that money can be raised through occupational licenses or whatever revenue source is determined by the Board; and she would support providing $200,000 in the General Fund for EDC, and the Board decide at another time how to raise that money and how it wants to spend it. Commissioner O'Brien stated $200,000 will not be close to the actual need; it would take half a million dollars or more to do it properly and save the County from eventual economic down-turn; it is the Board's responsibility to fund that to do the job; and it is not time to be cheap.

Commissioner Scarborough advised if the Board funded $400,000 for EDC, the average homeowner would pay $1.32 more a year to accomplish that; it is not that big a hit for a new approach to economic development to bring in quality jobs and maintain the labor pool; and it is simplistic for $1.32 from the average home for a future of an excellent industrial tax base as opposed to evolving into just a retirement community. He stated it is a minimal investment for the person who plans to live here in the long run.

Commissioner Cook advised he has no problem setting aside a certain amount of money today, realizing the Board can figure out the funding later; he would support what Commissioner Higgs suggested because the Board cannot appropriate a huge amount when it has not even budgeted for it or know how to spend it; so it should just set aside a portion.

Discussion ensued on funding EDC through occupational licenses, funding it to $400,000 or $500,000, businesses not saying they want to be taxed to support EDC through their occupational licenses, no grassroots support for EDC, and raising funds through phone bank calling.

Commissioner Cook advised the average wage earner paid 1 to 5% in total taxes in 1950; today he pays almost 40% of what he makes; and that is why people are upset and the mood in the country is anti-tax because they are heavily burdened. He stated the Board needs to do something about EDC; if it stays with the current structure, then he would insist a Commissioner sit on the Executive Committee; or it can look in-house.

Ms. Wall advised in the previous fiscal year, the County occupational license tax generated $457,204; and of that total the unincorporated area received $173,350, and the incorporated areas received $283,854. Commissioner Ellis inquired if that was through dual licensing; with Ms. Wall responding yes. Commissioner Ellis stated return to the dual licensing concept means a person who lives in the city has to buy two licenses.

The Board discussed a surcharge on occupational licenses, government or private economic development operation, and dual license concept.

Commissioner Scarborough recommended a higher level of funding for EDC at this time and request EDC come forward in the interim with how it will spend the half million dollars, how it will improve bringing jobs into Brevard County, look at Polk County's operation, and respond to the concerns expressed by the Board on the restructuring of the EDC. He stated the Board and EDC could then talk about how the specific line items would be spent, how it would look to performance, and how it would enact a new structure simultaneously. He stated the Board can always cut it back.

Chairman Higgs stated the Board has also set aside about $100,000 for Economic Development and Legislative Affairs Office and may have some duplication; and she wants to be sure, as they work through the budget, that duplication does not exist.

Commissioner Cook advised EDC prepared a budget for $250,000, and to go back and figure out how to spend an extra $250,000 does not make sense; and he does not think it can be done sensibly in the period of time they have. He stated if the occupational licenses are kept at the same level in the unincorporated area, it would almost raise as much money as they were funded last year. Mr. Jenkins stated that is correct based on the numbers Ms. Wall read; however, the changes in the occupational license law allowed the Board to do some restructuring as to how it would provide occupational licenses; a $19 license in the unincorporated and incorporated areas would pay for the cost of collection and provide $175,000 for economic development; and in that scenario, the cities do not get anything, so the Board would not have to go to the current rates if it does not want to. Commissioner Cook stated then it would get into double licensing; with Mr. Jenkins responding yes. Chairman Higgs stated there is concern on behalf of the cities that the decision the Board makes regarding occupational licenses puts their budgets under strain because they were counting on that revenue. Commissioner Ellis stated the cities need to also tighten up. Commissioner Cook stated he does not have a problem with that; and if they were back at the $40 level in the unincorporated area only, it would generate $173,000 without double licensing. Chairman Higgs stated the cities could make their own decisions regarding their occupational licenses so it would not damage their revenues. Mr. Jenkins stated that scenario would have only residents in the unincorporated area paying for economic development; and three Commissioners agreed it would not be fair.

Discussion continued on a funding source and level of funding for EDC, the General Fund, dual occupational licensing, the benefits of getting industry into Brevard County, such as little service and increased tax base, businesses supporting EDC, government operation, restructuring, the need for economic development, and equitable amount of seats on the Executive Committee.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to fund $400,000 for economic development within Brevard County, without determining if it is for EDC or a government operation at this time.

Chairman Higgs stated she will not support $400,000; and Commissioner Cook stated he cannot support a figure with no plan. Commissioner O'Brien stated it can be cut back later.

Chairman Higgs called for a vote on the motion. Motion did not carry; Commissioners Scarborough and O'Brien voted aye, and Commissioners Cook, Ellis and Higgs voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to fund $300,000 for economic development.

Discussion ensued on adequate funding for EDC, no plan for the use of the funds, no determination on the funding mechanism, occupational licenses, including the Economic Development and Legislative Affairs Office, and having a plan before the final budget hearing.

Mr. Jenkins advised a portion of the Economic Development and Legislative Affairs Office is funded by Cable TV franchise fees; there are two positions funded by General Fund; he has $75,000 in his budget for economic development; and if the Board does not fund it from occupational licenses, they will have to cut somewhere else to fund it. Chairman Higgs stated it could go back and look at the initial millage again. Mr. Jenkins stated the millage cannot be raised once it is set today.

Commissioner Cook advised he is willing to go with the original request of $250,000 but needs something verifiable and representation on the Executive Board. Chairman Higgs stated they need to recognize the County's contribution and an equitable way to deal with that in terms of the Executive Board.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioner Ellis voted nay.

Road and Bridge MSTU Funding

Commissioner Ellis advised after the last storm, he would like to increase District 5 Road and Bridge MSTU to 3/4th of a mill; there is a lot of pipe and culvert work to be done; and every Commissioner needs to take a realistic look at their MSTU's in light of the storms. He stated they need to scrape every ditch in the District; and he will be looking for funds from the General Fund for equipment because it affects the cities as well. He stated the County needs to be proactive with its drainage systems and will need more equipment to do that.

Commissioner Scarborough stated he has increased his Road and Bridge MSTU from year to year and is already over 3/4ths. Commissioner O'Brien advised District 2 needs an additional $414,000 to replace pipes that are failing; they are over 30 years old and most of them are corrugated steel; and what caused the problems in North Merritt Island is they collapsed and the water backed up. He stated he was also told $314,000 will be needed for dirt road paving, but he cannot think of all the dirt roads that would cost $314,000 to pave; and requested an answer to that. Commissioner Higgs advised District 3 has experienced flooding several times, including last week; and they could shift some of the funds set aside for resurfacing and dirt road paving and begin to get the ditches in better shape. Commissioner Cook advised he is not looking to change the millage in District 4, but agrees with shifting funds to address the needs; and maybe stormwater assessment revenue can be used to address some of the unmet needs. He stated there has to be more cooperation with the cities in some of the drainage outfall areas.

Chairman Higgs inquired if staff would like to answer how many roads need to be paved in District 2; with Assistant Public Works Director Ron Jones responding Littleton Lane, Julia Street, Craig Road, Fields Avenue, and McGruder Road total $136,388, not $314,000; and the $314,000 included resurfacing projects which is a long list.

Commissioner O'Brien inquired where is the majority of the money for Road and Bridge being put and what is it doing; with Mr. Jones responding in District 1 they use 9.62% of the MSTU for maintenance; in District 2 they utilize 9.47%; in District 3 they use 17.25%; in District 4 it is 21.15%; in District 4 Beaches it is 7%; and in District 5 it is 14%. He stated the remainder of the funding is utilized for resurfacing roads, dirt road paving, milling and resurfacing, etc; and the majority of the MSTU funds are not used for maintenance of drainage structures. Commissioner O'Brien inquired what would happen if they took 50% of the roads being resurfaced in District 2 and put that money into flood control maintenance or changing out of pipes, etc.; with Mr. Jones responding about $150,000 in District 2 is for resurfacing; that would take about $75,000 for drainage improvements; and the Board has several options as to how it wishes to prioritize the different expenditures.

Commissioner Cook advised the Board can approve the current millages and shift funds later to areas that are more critical; and some of the stormwater funding could be shifted for drainage improvements. He recommended the County Manager look into expediting the permitting process because there are long delays with the St. Johns River Water Management District; and if the problem is that the County is not aggressively pursuing the permits, the Board needs to know that. Commissioner Cook advised he has received conflicting reports on the C-54 canal and whether it would help the flooding or not; he contacted the St. Johns District which refused to open it even though it was over 23 feet; it has something that unless it reaches 24 feet it does not open the canal; he would like to have a report from staff if opening that canal would have helped the flooding problem in South Brevard; and if that is the case, the Board needs to have serious dialogue with the St. Johns District.

Commissioner Ellis expressed concern that deferring MSTU funds from resurfacing to drainage for a long period of time could cause break down of road bases and a need to build new roads. He stated the Board needs to look at priorities; his priority is public safety which include transportation, drainage, and law enforcement; the Board addressed law enforcement; and now it needs to address what has to be done not to have flooding problems again. He mentioned the rain problems and suggested each Commissioner review their Districts to see where the drainage can and cannot take tremendous volumes of water and resolve those problems.

Commissioner Cook advised he is willing to dedicate a portion of the stormwater assessment directly for drainage so there is no confusion as to what that money should be used for; and if it can improve water quality also, that is important. He stated the original brochure that was sent out for the stormwater assessment listed to improve flooding; but he has seen very little of that money spent on drainage improvements; the tax has been in effect for several years; and the Board needs to take some action on that. Commissioner Ellis stated he is tired of going to areas that are flooded and people asking what do they pay a stormwater tax for.

Chairman Higgs advised when the Board discussed this issue several months ago, the resolution was to deal with both quality and quantity issues; and inquired what direction did the Board give staff at that time; with Mr. Jones responding the Board sent a clear message to Public Works and Surface Water Improvement to address flood control issues; and they have moved forward in that regard. He stated they have permitted a number of improvements and are going into implementation; they are doing substantial analysis of North Merritt Island; and the difficulty of permitting is one of the things that has kept them far behind. He stated the meeting between Messrs. Jenkins and Dean at which a number of those issues would have been discussed, was canceled; but staff is taking a proactive approach. Mr. Jones advised about 35% of the stormwater assessment revenue is being used for flood control; with the combination of Public Works, Engineering, and Surface Water Improvement programs, they are taking a much more active role towards addressing those problems on a larger scale; but they cannot put in a new pipe every where in the County without doing some analysis, because it could move the problem and create a liability condition for the County.

Commissioner Cook stated he does not want an analysis to create paralysis in an action; there have been problems from the middle 1980's that have not been addressed; and he wants to make the Board's direction clearer.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to make top priority drainage and flooding problems, and apply stormwater assessment revenues per District to that effect.

Commissioner Ellis stated there is not a need for much analysis; and he can go out and find the down stream and up stream, measure the diameter of the pipes, and find out if something is blocking the flow that needs to be removed. Commissioner Cook stated Mr. Caddell has been with the County 32 years and was invaluable during the storm; he can be of real assistance in analyzing drainage problems; and the County cannot wait and needs to move appropriately.

Discussion continued on flooding problems in certain areas of the County, permitting problems, and the need for cooperation from the St. Johns District.

Mr. Jones inquired in those instances where a permit is required, is staff being given direction not to obtain the permits from the state or federal agencies; with Commissioner Cook responding staff needs to get the required permits, but he wants to expedite the process.

Chairman Higgs inquired what would change in the actual projects staff is doing; with Mr. Jones responding it would move several of the CIP projects further out; some of those have already acquired properties for installation; and most of the sites they have purchased are dual purpose and serve both water quality and quantity. He stated specifically in Districts 2 and 5, they are extremely tight with respect to the aggressive schedule of the CIP projects that are ongoing; in District 5 a lot of that is funded by match money; and they are very tight in terms of meeting that match money. Commissioner Ellis inquired if that is the Indian River project; with Mr. Jones responding yes. Commissioner Ellis stated he would rather drop the match money and not get flooded again on the west side because putting exfiltration pipes in the ground when people need to have culverts upsized to avoid getting flooded is not right. Chairman Higgs stated the stormwater projects were clearly defined by the Board several months ago to do both quality and quantity; so she will not support the motion.

Commissioner Scarborough explained the problems with flooding in Scottsmoor and the use of stormwater revenue; stated people count first and keeping their homes from being damaged is a prime concern; and that it be done in an intelligent manner to also preserve the lagoon. Chairman Higgs stated the direction was clearly given a few months ago; and Commissioner O'Brien agreed, noting there is no purpose for the motion. Commissioner Cook stated the purpose of the motion is to leave no doubt; the last time the motion was to do water quality and address drainage; and this motion is to say the Board wants the flooding problems addressed with stormwater revenue. Commissioner O'Brien stated the motion segregates what the stormwater tax was all about and that was to clean up the water before it went into the River. Commissioner Cook stated that was part of it, but it was also for flooding; and it is not addressing flooding aggressively.

Chairman Higgs stated the Ordinance and Rate Resolution goes through all the reasons why the stormwater assessment was set up; it specifies both water quantity and quality; and that was the direction the Board gave staff a few months ago.

Discussion continued on flooding problems, use of stormwater assessment funds, cleaning ditches, right sized culverts, and keeping water out of people's homes.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

The meeting recessed for lunch at 12:05 p.m. and reconvened at 1:09 p.m.

Chairman Higgs advised Commissioner Ellis wants to increase the District 5 Road and Bridge MSTU. Commissioner O'Brien inquired if District 2 MSTU is raised by 23.4% it would only generate $150,000; right now it is .3746 mill; and he would like to increase it to .4000 mill. He inquired what would .4000 mill generate; with Mr. Boynton responding an additional $45,784.

Discussion ensued on collapsed pipes and undersized pipes, shifting funds from resurfacing to drainage improvements, and the amount of millage to set for District 2 Road and Bridge MSTU.

Commissioner O'Brien recommended a 25% increase in District 2 Road and Bridge MSTU. Mr. Boynton advised 25% increase would be .4665 mill and would generate an additional $159,389. Commissioner O'Brien stated in three years he could accomplish all the drainage improvements, and F.I.N.D. funds will help with dredging. Commissioner O'Brien recommended increasing District 2 Road and Bridge MSTU to .4665 mill, representing a 25% increase in the millage rate. Commissioner Ellis recommended increasing District 5 Road and Bridge MSTU to .7500 mill. Chairman Higgs inquired what would be generated in District 3 if it was increased by 10%; with Mr. Boynton advising it would be .6617 mill and would generate $49,487 above the rolled back amount at a 10.01% increase. Commissioner Cook stated he will not increase District 4 Road and Bridge MSTU as some stormwater projects that were not funded originally may have funds available now which should help with the flooding problems.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to tentatively set millages for Road and Bridge MSTU District 2 at .4665 mill, District 3 at .6617 mill, and District 5 at .7500 mill for FY 1996. Motion carried and ordered unanimously.

Jail Expansion

Chairman Higgs suggested using the tax cut to fund one pod of the jail expansion; and inquired if Mr. Jenkins has figures on that project. Mr. Jenkins advised one pod is approximately $9,000,000; the variable infrastructure that was originally listed is as high as $5,000,000, which is higher than what it would be; and without a scientific basis, his guess would be approximately $11,000,000 to do one pod and infrastructure if that much. Chairman Higgs inquired what is the difference between the tax decrease and no change; with Mr. Jenkins responding they would have to calculate that because some of the millages have changed at this meeting. He noted 1% General Fund equates to approximately $500,000. Chairman Higgs stated before setting any millage, the Board needs to discuss the funding of one pod through the difference between the proposed budget and what would be a basic no increase/decrease budget.

Commissioner Cook stated the Board discussed a referendum to fund the jail expansion; with Chairman Higgs responding the Board did not vote on it.

Golf Course Deficit and Transfer of Jetty Park

Commissioner Ellis advised the golf course deficit should come from Parks and Recreation's Budget and to help balance it out, parks could be turned over to the Port. He stated currently there is $250,000 to be pulled from Central Fleet for vehicles; and he would like to use that money for heavy equipment for Road and Bridge and to purchase pumps. Chairman Higgs inquired what does that have to do with the golf courses; with Commissioner Ellis responding rather than use the money listed for golf courses from Central Fleet of $300,000, that can be used to purchase heavy equipment and the Parks and Recreation budget cover the golf course deficit by turning over parks to the Port.

Commissioner O'Brien advised turning parks over to the Port will not change the financial formula; the reason for degradation of Jetty Park is that funds are being syphoned off to take care of two other parks and possibly a third in the future; they may be able to arrange for TDC funds to fix Jetty Park, expand it and privatize it; and it may make some money off of it instead. Commissioner Cook stated he is not opposed to that; Commissioner Ellis said it is not making money now; and Commissioner O'Brien stated funds are being syphoned from Jetty Park for other parks in the Port.

Parks and Recreation Director Chuck Nelson advised the three parks are breaking even; they are enterprise operations and do not receive General Fund dollars; Jetty Park is the center of the revenue; and the camping and admission to the beach pays for operation of Jetty, Central, and Port's Inn Parks. He stated they are treated as a single enterprise fund so there is no general revenue coming into that fund.

Commissioner Cook advised TDC funding could be explored; and if they can make it to be privatized at some point, maybe it could generate revenue back to the County. He stated that could be explored to determine if it is a viable option.

The Board discussed TDC funding, giving the parks to the Port, putting money into equipment, privatizing Jetty Park, the Lease Agreement with the Port, renovations and expansion of the Park, ongoing construction project, Jetty Park supporting other facilities in the Port area, charging golf course losses to Parks and Recreation's budget, refinancing the golf course bonds, and selling the golf courses.

Chairman Higgs directed staff to provide the Board information on refinancing of the golf course bonds. She stated the golf courses are set aside in an enterprise fund, so the losses of the course are not in the Parks and Recreation budget; however, Commissioner Ellis recommended shifting it to the Parks and Recreation budget; and inquired what will that do; with Commissioner Ellis responding it will take the hit of $250,000 that was going to come out of the Central Fleet funds budgeted for vehicles. Mr. Jenkins advised it is actually a reserve in Central Fleet; and he is recommending it be taken from Central Fleet Reserves and used as a one-time means to take care of the current year and to determine if they can sell the golf course.

Discussion continued on selling the golf courses, capital costs expended, shifting the golf course deficit to Parks and Recreation budget, funding needs for Parks and Recreation, priorities, and the difference between Public Works and Parks and Recreation funding.

Motion by Commissioner Ellis, to take the golf courses deficits out of the Parks and Recreation budget. Motion died for lack of a second.

Road and Bridge Maintenance Equipment

Commissioner Ellis recommended a budget item in the General Fund for Road and Bridge Maintenance Equipment above what it has now. He stated they need gradalls, dump trucks, pumps, etc. throughout the year to get things in shape before the next storm; and they do not need money for pickup trucks or automobiles, just for heavy equipment to get the work done.

Chairman Higgs inquired how much of the General Fund goes into Public Works Road and Bridge; with Commissioner Ellis responding Public Works' budget is $6,000,000, but it is not broken down. Mr. Boynton advised Road and Bridge receives $2,639,283 from the General Fund.

Mr. Jenkins advised the 12-man construction crew actually generates more money than they cost; they are subsidizing the cost of Road and Bridge maintenance; Road and Bridge maintenance is more than 2.6 million dollars; but the 12-man crew is generating additional revenue.

Commissioner Ellis recommended an additional $500,000 to buy heavy equipment; the Library budget is 8 or 9 million dollars; Parks is 11 million dollars; and Road and Bridge equipment is a priority to get more maintenance work done. He explained the need to clean ditches, change pipes, etc. and have heavy equipment available to get the maintenance work done and up to speed. Commissioner O'Brien suggested renting heavy equipment for the period of time needed rather than buying it and let it sit for months. He stated if it is purchased, it has to be maintained and it depreciates; so if it is rented, it is a variable cost and when the project is completed, it is turned back to the person who owns it and the cost ends. He noted if it is kept, the cost never ends. Commissioner Ellis stated if the Board has a strong maintenance program of canals and ditches, it is not going to end.

Commissioner Cook advised after the rains, there was a crew in Wickham Park working; they had their own tractor, etc.; and he wondered if those people could have been somewhere else combined with Road and Bridge assisting people where needed instead of working in a County park. Commissioner Ellis stated if they were manning the pumps, other Road and Bridge people could have done other things. Commissioner Cook stated in a state of emergency, the County needs to combine all its resources and focus them in areas that are most needed. Commissioner O'Brien recommended a motion to direct the County Manager to take Parks and Recreation people and put them under another department in the future during emergencies.

Motion by Commissioner Ellis, to set aside a half a million dollars for heavy equipment for Road and Bridge maintenance.

Commissioner Cook inquired where will the funds come from; with Commissioner Ellis responding $250,000 from Central Fleet and $250,000 from the $650,000 proposed for Port St. John East MSBU. Chairman Higgs inquired how will the MSBU debt be paid off; with Commissioner Ellis responding $400,000 will be used instead of $650,000. Mr. Jenkins advised in two years they will need in excess of a million dollars, and so far they have about $350,000. Commissioner Cook advised $182,000 is proposed to be given to the Clerk's Office, and he does not understand why; it is to fund improvements to the Information System and other one-time expenditures or something; and inquired if that money could be used for other purposes. Mr. Jenkins advised the thought process was because it came from the fee-driven part of the Clerk's budget that he would get that back; however, at the end of each fiscal year, the funds get turned over to the Board anyway; so in a sense even though that may have been paid from the fee part of the Clerk's budget, the fiscal year has concluded and there is no reason why it could not stay in the County's budget. Commissioner Cook advised there is no obligation to give it back to the Clerk.

Chairman Higgs inquired if there is a list from Road and Bridge indicating the unmet needs for equipment; with Mr. Jenkins responding there was a voluminous report from Road and Bridge that the Board requested; and he would have to look at that to see if it included equipment. Discussion ensued on equipment for Road and Bridge.

Commissioner Ellis advised Crane Creek Drainage District includes the City of Melbourne; that system has to be cleaned, dredged, and rebuilt from end to end; and it is not fair to push the entire burden on the unincorporated area. He stated it should be a General Fund expenditure. Chairman Higgs stated Road and Bridge already gets 2.6 million dollars from the General Fund, so there is general fund going to maintenance of that kind of area. Commissioner Ellis stated it is not enough; with Chairman Higgs responding she does not have an estimate on what it will cost or what it could be. Commissioner Ellis stated if it is not budgeted now, it will have the same situation in August of next year; and reiterated the problems caused by the storm, more money for Parks and Libraries than Road and Bridge, and problems with priorities.

Commissioner Cook advised there is two million dollars of excess health insurance reserves that has been recommended to be broken up by someone the way he wanted to break it out; if that is the case, there is additional monies there; and there is $182,000 that could be used for that purpose. He stated the funding can be changed to give Port St. John East MSTU $500,000 and free up some of that money also. Commissioner Ellis stated the money from Central Fleet was for cars and pickups and the Board could go one year without buying those vehicles and buy heavy equipment instead, because there are a lot of cars and trucks used by people who do not need to have the vehicle all the time. Chairman Higgs advised the Board does not have to do that today; and it can do that within the context of the millage it has. Commissioner Cook stated there is $235,000 from the two million dollars in health insurance that is set aside for moving expenses associated with the Government Center. Commissioner Cook inquired why would the Clerk be due back a portion of the excess health insurance reserves; and are the other Constitutional Officers due back a sum. Discussion ensued on excess fees being returned to the Board by the Clerk.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to budget half a million dollars of General funds to purchase heavy equipment, pumps, and generators for Road and Bridge maintenance in all Districts. Commissioner Ellis advised the reason for specifying the General Fund is because some of the drainage systems involve cities, such as Crane Creek Drainage District which mostly lies within the City of Melbourne.

Chairman Higgs advised she does not know what Road and Bridge would recommend or how much they need in equipment, personnel, service contracts, etc., so she cannot support setting aside $500,000 at this time. She stated she can support providing an appropriate millage in the General Fund to do that. Commissioner O'Brien stated he agrees with that. Commissioner Ellis stated the storm came last week and Road and Bridge people have been on the road every day and evening ever since; he does not expect them to have a list of what they need; and if the Board waits for that, it will wait until next year to budget it and will not have time to budget it this year. Chairman Higgs stated $500,000 could be set aside in the General Fund to deal with drainage issues but not necessarily for equipment. Commissioner Cook stated he needs to know where the funds are coming from; with Commissioner Ellis responding he went through that, and repeated the Fleet reserves and insurance excess. Commissioner O'Brien inquired if they need the half a million dollars worth of cars; with Mr. Jenkins responding they have already proposed those funds be used for the golf course shortfall, so they were already giving up those cars for next year. Discussion ensued on vehicles and people who do not need them. Commissioner Scarborough advised Commissioner Cook mentioned a million dollars in health care excess funds, so staff needs instructions to find a source for the half a million dollars.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.

Mims/Scottsmoor Library

Commissioner Scarborough advised a group of people has worked very hard for a library; there is land being donated, and the ability for water and sewer; and inquired how would it affect the library millage if the Board were to approve a library for the Mims/Scottsmoor area. He stated it is a remote area and they are asking for minimal facilities; and inquired how much would it cost to fund it and how will it change the library millage.

Commissioner Ellis inquired if it is moving a modular project; with Mr. Jenkins responding the Board has to decide that because the budget supplement is for construction of a building. Mr. Boynton stated that is $1,161,144. Mr. Jenkins advised it is $50,000 to purchase five acres, $700,000 to construct 7,000 square feet, $293,612 start up cost for books and shelving, and $117,532 operating budget per year. Commissioner Scarborough stated if they use the School Board's property and its offer of water and sewer, it should reduce the cost.

Commissioner Scarborough inquired what would it cost to use a modular facility on a school site; with Library Services Director Kathryn Stewart responding $750,000. Commissioner Ellis stated the memo from Hugh Muller said it would cost $85,000 to move a modular and set it up, and the start up cost is about $300,000. Mr. Jenkins advised the annual operating expense would be $117,000.

Commissioner Scarborough inquired what would the total cost be; with Ms. Stewart responding $411,114. Mr. Jenkins advised that is for the first year, and it would be less after that. Commissioner Scarborough inquired how would that affect the library millage; with Mr. Boynton responding it would increase the millage to .7824 mill, which would result in a 1.07% decrease from the rolled back millage versus the recommended budget which is at 4.78% decrease from the rolled back millage rate.

Commissioner Cook advised he cannot support the library because BCC has a fine library and it is open to the public; so he cannot see spending in excess of $400,000 to put something there that would be substandard in general and with a library in the area that is accessible to the public. Commissioner Scarborough stated if people want it and will enjoy it, it is unique opportunity to capture someone else's property, move some facilities around and service a lot of people; and Port St. John does not have a full-size library, but there are people in it every time he has been there. Chairman Higgs noted if the construction projects are done prudently, there may be enough money left over to fund the $411,000 for a Mims/Scottsmoor Library. Commissioner Cook reiterated why he could not support this project.

Commissioner Scarborough inquired if the BCC Library is the same as the public libraries; with Ms. Stewart responding no, it is to enhance and support the curriculum of the College; and the public libraries, especially this one would be for youngsters, elementary school children, and general fiction adult readers. Commissioner Cook stated the School Board should pay for it if that is the purpose. He stated he has been in the BCC Library and found novels and books of all sorts, and very little difference from the public libraries. Commissioner Ellis inquired if the School Board would use the building if the County took it up there; with Commissioner Scarborough responding the School Board wants to use part of it for meetings and will take over and operate the meeting facility of the library. Discussion ensued on the pros and cons of a library in Mims and Scottsmoor area, other areas wanting libraries, unique opportunities for a library, using the State Attorney's modular building, and completing all the projects already programmed.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to look into donating a modular building from surplus to the School Board for whatever purpose they wish to use it in Mims/Scottsmoor area.

Commissioner Cook inquired if the School Board would fund the entire project; with Commissioner Ellis responding yes.

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

The meeting recessed for an executive session at 2:06 p.m. and reconvened at 2:45 p.m.

Commissioner Scarborough advised in the past they had increases in Medicaid payments; the August 7, 1995 memo from Kathy Wall said it is moving up by several hundred thousand a year; this year it dropped off by half a million dollars in expenditure; and the explanation is that the Director of Housing and Human Services accounts for the decrease because of the State's participation in managed health care and HMO. He stated he needs more information whether the Board can feel assured with a half a million dollar reduction of something that has been going up each year.

Assistant County Manager for Community Services Joan Madden advised they will try and get additional information, but primarily the source of the savings is the managed health care that everyone has gone to through the State. Commissioner Scarborough inquired if staff is comfortable with that; with Ms. Madden responding yes.

General Comments Chairman Higgs advised taking all the changes made by the Board, where would the budget be right now; with Ms. Wall responding she would need some clarification on two issues; and one is the set aside for EDC of $300,000. Mr. Jenkins advised he answered that question for Ms. Wall.

Commissioner Cook inquired if the motion was for General Fund revenue or was it set aside to have some other form; with Chairman Higgs responding if the Board goes with the occupational license that revenue would go into the General Fund anyway. Commissioner Cook stated staff is asking if it will affect the tentative millage; with Mr. Jenkins responding he told Ms. Wall it would not because that was not the Board's direction. Commissioner Cook stated it should not affect the millage if the Board will look for an alternate funding mechanism.

Commissioner O'Brien inquired about Indicator 5, Liquidity in the August 4, 1995 publication from Mr. Managan; with Mr. Managan responding it recognizes the expenditure of bond proceeds, and the declined Local Option Gas Tax Bond, Series 1989 means the cash is depleted because it is being spent on capital outlay items so that brings the liquidity down. Commissioner O'Brien inquired about Indicator 6, Liabilities; with Mr. Managan responding it is not showing a trend of increasing short-term debt; and while it exceeds the 5%, it is not significant and does not show a problem. Commissioner O'Brien inquired about Indicator 7 showing long-term debt; with Mr. Managan responding the County looks very good in that indicator. Mr. Managan advised they did a comparative study of other counties and the County was at the bottom, in the middle of the third, middle part of the second bottom, so it looks good compared to other counties; and counties that have a lot of growth tend to have a lot of debt. Commissioner O'Brien questioned Indicator 10, accumulated leave; with Ms. Wall responding there was a change in accounting principals which affected that liability. Mr. Managan stated it is an unfunded liability and if the Board maintains a stable workforce it has no impact. Commissioner O'Brien stated it has if the Board has an aging workforce that start to retire within a short period of time; and there is no backup money for it . Mr. Managan advised sick and annual leave are usually paid through existing department budgets; and they have not seen any problems to date in terms of being able to come up with the money.

Commissioner Cook stated 240 hours is the maximum they can accrue, so that is the limit of exposure per employee on annual leave. Commissioner O'Brien stated it also shows taxable value industrial real property is falling approximately over a hundred million dollars; and inquired if that means the taxable values have decreased by $100,000,000; with Mr. Managan responding yes. Commissioner O'Brien stated commercial property is stable, industrial property has dropped in value, and agricultural property is back down to the same level it was in 1990; other taxable properties have fallen off by 125 million dollars; and added together, they total taxable values of $250,000,000. He inquired if industrial property values have gone down that far; with Mr. Jenkins responding yes.

Commissioner Scarborough stated it re-emphasizes the need for EDC because if the County loses industrial property it will ultimately have to increase taxes. Commissioner O'Brien stated if they make the investment in EDC the property values would go back up; with Commissioner Ellis responding if one believes there is a cause and effect with EDC and industrial values. Commissioner Scarborough stated the TRIM notice is not the final millage but sets the upper limits; he has questions on revenue of millions of dollars; it would be prudent to advertise the TRIM notice with rolled back rates leaving an opportunity to come in and work down to the proposed or below the proposed level; but it will have assurance that the revenue streams are there; and that is the direction he would like to propose to the Board.

Motion by Commissioner Scarborough, to advertise the General Fund Revenue at the rolled back millage rate, and the TRIM notice at the rolled back rate.

Chairman Higgs inquired if it would generate the same number of dollars as last year; with Commissioner Scarborough responding no, last year it was $60,131,243, and the rolled back rate would generate $61,402,327. He stated they were aiming at a reduction of four million, and what was proposed would be $57,592,682. Commissioner Cook inquired if that means there would be no decrease; with Commissioner Scarborough responding the motion is to advertise at the rolled back rate which would generate more revenue; the intention of the Board is to work to the proposed millage decrease; and it is a simple way of moving forward and giving the Board a few more weeks to review the numbers. Commissioner Cook stated his concern is that the Board instructed the County Manager to come back with a 5% decrease; the Board may not be able to get all of that, but his concern is going through everything all over again. Commissioner Scarborough stated he is only talking about the General Fund.

Discussion ensued about limiting possibilities, being more focused, the proposed revenues, and the same revenues as last year.

Mr. Boynton advised to generate $60,000,000 in the General Revenue Fund would require a millage of 4.2812 mills; that would be a 6.7832 aggregate millage including what has already been done, or 1.21% decrease from the aggregate rolled back rate.

Commissioner Scarborough stated that is not where the Board will be in the end, but in all fairness to the Board and public, it is best to have that cushion until they get all the numbers. Chairman Higgs advised it will also leave open the option of holding money for the next two or three years for the jail; it is not in the best interest of the County to decrease taxes and ask citizens to approve a referendum for a sales tax for the jail; and she would prefer to reserve the difference between what the County Manager submitted and the rolled back millage rate for funding at least one pod of the jail. Commissioner Ellis stated the last time the Board saved money for the jail it never got there; and the Board would have a better chance of passing a tax referendum if it shows it is making efforts to cut taxes.

Commissioner Cook advised it is appropriate to have a referendum for the jail expansion; the Sheriff said completion of the minimum security facility would take care of his needs for two years; so the Board does not have to rush to build another pod and has time to go to referendum. He stated the Board is reducing taxes so the jail would have a reasonable opportunity of passing; and if the Board needs to address other ideas later, it can do that. Commissioner Ellis stated in two or three years the Board may not need a pod if the State expands its prison system. Chairman Higgs stated if the Board goes to referendum for the jail expansion sales tax and does not have money set aside to pay for it, then it could be in a predicament; it can save the money this year and the next two years in the General Fund; then it could have sufficient funds to build a jail pod and infrastructure and would not need a referendum. Commissioner Ellis stated he is not convinced the County needs the new pod. Commissioner Cook stated he does not have a problem with a referendum; the Board has taken action to provide adequate response to the State and Sheriff regarding jail space for the foreseeable future; and it may have to look at other avenues, but it has an opportunity to go to the people and request approval of a referendum. He noted 11 million dollars is a sizable amount of money which should always go to referendum.

Chairman Higgs advised the rolled back millage would produce a 1.1% decrease in the tax burden and take care of the long-term needs; the Board has made some commitments today to long-term maintenance in its Road and Bridge area, and to the Sheriff for additional deputies; and those are good commitments. She stated if the Board would set it at the rolled back millage, then it could set the money aside to build the jail; it will eventually need to have maximum security space; and if it sets aside the money now, it would not have to go to the people again for a tax increase. Commissioner Cook stated if the Board is cutting the budget to spend the money somewhere else, it is not affecting any decrease in taxes; with Chairman Higgs responding it would be by not having to ask the people for more money for the jail. She stated it is not wise to cut the budget then in six to nine months ask the people for more money; and that is not the way she would want her government to do things. Commissioner Cook stated if the Board cuts the budget, it is more likely to have people be more favorably disposed to look at something as critical as jail needs. He stated the Board could set funds aside, but another commission could decide not to build a pod and defray salary increases or other costs for something else. He stated the Board made a commitment to decrease the budget by 5% at the workshop; the County Manager has come back with that decrease; the only additional expense was EDC; but the Board has decided it will come from other revenue rather than revenue that affects the millage.

Commissioner Scarborough stated until he has assurances that revenues are there, he is not willing to commit to this budget. Commissioner Cook inquired how much more confidence does he need;with Commissioner Scarborough responding there was an item called "charges for services" and in the prior year he had the items broken down and they were supposed to be given to him; he asked Ms. Wall for the amounts that were uncommitted for the last five years; and wanted to identify which items were recurring things with non-recurring revenue sources; and until he knows those things, he does not want to lock into a TRIM notice. Chairman Higgs inquired if Commissioner Scarborough would be comfortable with 4.2812 mills for the General Fund; with Commissioner Scarborough responding yes, it would give plenty to work with.

Motion by Commissioner Scarborough, seconded for discussion by Commissioner Higgs, to approve tentative millage for the General Fund at 4.2812 mills for FY 1996.

Commissioner Ellis stated he will not vote for it and wants 4.1095 mills because the Board has to force itself to select priorities in the budget and choose appropriately.

Commissioner Cook stated he understands the reasoning but would prefer to stay with the 4% reduction; reiterated comments about taxes being almost 40% for the average wage earner; and stated people need some relief. He advised the Board has done a good job today of prioritizing where it wants to address issues; and if it does not bite the bullet today, there will be a tendency not to do it.

Chairman Higgs advised 4.2812 mills leaves the Board an opportunity to go down and also preserves an opportunity to set aside money for the jail; the County Manager did a good job making priorities and cuts asked of him; now it is the Board's discipline to set aside money for major capital projects; and the jail is one of those.

Commissioner O'Brien advised Commissioner Scarborough is trying to use prudence in this procedure and he has a tendency to agree with him because the Board will have an opportunity to reduce it further, or it may find a project for $3,000,000 that it has to do, and it will be able to do it. He stated Commissioner Ellis wants $500,000 for capital equipment; and that may have to come from the General Fund. He noted hurricanes may come and hit the County causing major expenditures, so it should be prudent at this time; and he will support the motion.

Commissioner Cook advised he cannot support the motion at that degree; and he is willing to go above the recommended millage, perhaps halfway, but it should be a bigger decrease than 1.1%. Commissioner Scarborough stated he has questions about one revenue stream of three million dollars; and the motion will leave a buffer. Commissioner Cook stated the original idea was to go with 4.1095 mills; he does not mind going a little above that to give a little cushion; but 4.2812 mills gives an excessive cushion particularly when looking at other methods of saving revenue. Chairman Higgs stated the Board can still look at other methods of saving; and Commissioner O'Brien stated it can reduce the millage at the final hearing. Commissioner Cook stated he understands that, but it becomes more difficult to do it.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioners Cook and Ellis voted nay.

Commissioner Ellis inquired about non-departmental appropriation and cities redevelopment in the General Fund; with Ms. Wall responding there are several redevelopment districts within the County; one is Merritt Island Redevelopment Agency, and the Cities of Cocoa, Titusville, and Melbourne have Redevelopment Districts; and that is the tax increment dollars associated with those Districts. She stated the money comes to the County, and the County reimburses the Cities. Commissioner Ellis inquired why did it increase over two million dollars this year; with Ms. Wall responding she did not think there was an increase, and will check on it. Commissioner Ellis advised when the Board gets to the final budget hearing, it will have to make tough decisions regarding the General Fund; it will be the shopping list of where to put something in and take something out; Ms. Wall has been pushed trying to get it done; and requested she recheck the General Fund expenditures and break it out a little better in some places.

Chairman Higgs inquired if the Board can make one motion to approve the rest of the tentative millages; with Mr. Jenkins responding yes.

Mr. Boynton read the tentative millages as follows:

	General Fund Countywide						4.2812 mills
	Library District							0.7531 mill
	Mosquito Control District						0.2352 mill
	Fire Control MSTU						1.5944 mills
	Recreation District 1 MSTU					0.4573 mill
	Recreation District 4 O&M					0.5879 mill
	TICO Airport Authority						0.0350 mill
	Law Enforcement MSTU						0.8992 mill
	Road and Bridge District 1 MSTU					0.7840 mill
	Road and Bridge District 2 MSTU					0.4665 mill
	Road and Bridge District 3 MSTU					0.6617 mill
	Road and Bridge District 4 MSTU					0.5267 mill
	Road and Bridge District 4 MSTU Beaches				0.6028 mill
	Road and Bridge District 4 MSTU South Merritt Island		0.2500 mill
	Road and Bridge District 5 MSTU					0.7500 mill
	Environmental Endangered Lands					0.2500 mill
	Beach and Riverfront Acquisition					0.2349 mill
	Port St. John/Canaveral Groves Recreation MSTU			0.9000 mill
	

He stated the grand total would be 7.2682 mills; and the aggregate would be 6.7523 mills which is a decrease of 1.21%. Chairman Higgs inquired if the aggregate millage decreased in District 5 even though the Road and Bridge MSTU increased; with Mr. Boynton responding it is Countywide and not by District.

Commissioner Scarborough stated the people in Port St. John will have an increase for the Off Road Vehicle Park. Commissioner Cook advised there is a slight increase in EELS and Beach and Riverfront; with Commissioner Ellis responding the money increased at the same millages. Ms. Wall advised EELS is the same as last year and Beach and Riverfront decreased a little from the current fiscal year.

Commissioner O'Brien inquired who made that decision; with Ms. Wall responding the millage is based on debt service. Commissioner O'Brien inquired if the millage can be raised for Beach and Riverfront; with Mr. Jenkins responding the Board made a policy decision several years ago to do nothing more with that program other than cover the debt service cost. Commissioner O'Brien inquired if the EELS millage could be rolled back to .2491 mill. He stated at the rolled back millage they would get $3,491,000 and at .2500 mill they would get $3,500,000 which is only $9,000 difference. Commissioner Ellis stated it can be reduced, but has to cover the debt service. Mr. Boynton advised the .2500 is what the EELS Committee requested; that costs $12,613; and if it went to the rolled back millage, it would save the $12,613.

Commissioner Cook inquired what is needed to cover debt service; and Chairman Higgs inquired if no funds would be accumulated for maintenance. Commissioner O'Brien stated the funds cannot be used for maintenance; with Chairman Higgs responding it can be based on the referendum. Commissioner O'Brien stated if the millage is rolled back, the Clerk and Board can drop the lawsuit. Commissioner Ellis stated no, because there is a trust fund that was set up for the excess millage; that was to be the maintenance endowment; and they have to go to court to determine how they can spend that money and if it can be used for maintenance or has to go to capital, or if it has to be returned. Commissioner Cook inquired when will there be a decision on that; with Mr. Knox responding he hopes there will be a hearing date within 60 days.

Chairman Higgs advised the referendum specifically talked about maintenance as part of the voter-approved millage on top of the debt service; and inquired what is the debt service; with EELS Coordinator Dr. Duane DeFreese responding the debt service he calculated is .1870 mill; however, the bond covenant actually carries an additional 20% for safety coverage; and with the decision to be made by the court, they do not know whether they have to pay back the O&M expenses to the State, so roll back of the millage could put them in a situation where they could not pay back the funds if the decision goes against the County. Commissioner Ellis stated if the decision goes against the County, it would not be able to use that money to pay it back; with Dr. DeFreese responding it could be transferred to the General Revenue and split the millage, then come back and pay it back from the General Revenue separation. Chairman Higgs stated EELS has not issued bonds to the total amount authorized by the referendum. Assistant County Manager for Environmental Services Stephen Peffer advised that is the difference between EELS and Beach and Riverfront; the Beach and Riverfront Program is fully bonded; therefore that debt service is fixed; so the millage necessary to cover that debt decreases as the tax rate increases. He stated EELS is not fully bonded, so the Board would be limiting its future possibilities if it chose to reduce the millage. Commissioner Ellis stated it could be increased again. Chairman Higgs stated if it did not go to the .2500 mill, they would not be able to purchase additional properties.

Commissioner O'Brien inquired if they collected $3,418,000 last year, did they bond out that amount. Dr. DeFreese advised each year the debt service is approximately 2.52 million dollars, so the annual ad valorem revenue is used for debt service; they have an excess of approximately $700,000 to $800,000 per year that can be used for additional bonding and/or management if the decision goes in the favor of the County; and they have bonded twice since the program began, once in 1991 and once in 1993. Commissioner O'Brien inquired if they collect 3.5 million dollars, they should have 1 million dollars in excess funds; and inquired if they go to bond, would they need the one million dollars; with Dr. DeFreese responding yes. Commissioner O'Brien inquired if EELS has been unable to spend about four million dollars because of the court case; with Dr. DeFreese responding that is correct. He stated they received a memo from Finance about rolling over the 1991 Series which would decrease the annual cost, so there are some options on the table, both for the money that is currently in escrow and under the court case, as well as the ability to future bond the monies that they are accruing right now. He stated with clear direction that it is not in question legally, they can bond the excess to whatever degree it will allow debt service payment. Commissioner O'Brien inquired if there is a fear that EELS will lose money if the millage is lowered. He stated he does not get the thinking of maintaining .2500 mill if they already have four million in the bank collecting interest and are not allowed to spend it because of the lawsuit. He noted this millage will generate an additional one million dollars over the debt service; and they do not need another million dollars. Dr. DeFreese advised the concern of the Selection Committee is that they bonded strategically when the bond market was right, when they had an ability to bond, and when they needed to bond; if the millage is lowered, they cannot make that adaptive management decision, and would have to wait for the next year; and the next year may not provide the same kind of bond market.

Commissioner Cook inquired if the limit for bonding is $55,000,000; with Dr. DeFreese responding yes. Commissioner Cook stated they pay most of the tax for EELS and only have one parcel in District 4; and District 5 has none and District 2 has one.

Commissioner O'Brien inquired if CARL money paid for the lands; with Dr. DeFreese responding they have approximately 11 million dollars in pay backs that are going through the Division of State Lands for reimbursement; that process is extremely slow and bureaucratic; so he cannot say when they can expect those reimbursements or even make a prediction. Commissioner Ellis stated it is not Dr. DeFreese's fault; and he cannot understand why the State cannot look at a canceled check and reimburse that amount. He stated based on the bond covenants, they must have some kind of coverage, so they will always have excess millage regardless. He indicated it could probably be rolled back to .2300 mill and still have debt service plus excess coverage. Commissioner O'Brien stated they can come back next year and request .2500 mill if they have purchases made; but to keep charging .2500 mill and putting the money in the bank seems ludicrous. Chairman Higgs stated if the bond market was right and the deal was right, they could not proceed and buy the property without sufficient millage to cover it; so if it is rolled back to some millage that would only cover the current debt service, it would preclude them from buying additional land or bonding if the bond market is right. Commissioner Cook stated any additional bonding would have to come back to the Board anyway. Commissioner O'Brien stated it does not appear that in the near future they will be coming to the Board for 50 million dollars worth of bonds; with Chairman Higgs responding they do not have the ability to bond 50 million dollars. Dr. DeFreese advised they have the ability to do an additional $8,000,000 to $13,000,000 bond, depending on the conservatism of the people making the call. Commissioner O'Brien stated he is not trying to go after just covering the present debt load and not leaving millage to allow for good bonding; and inquired how much of a bond are they looking for; with Dr. DeFreese responding Finance has indicated they have a potential to bond about 8.3 million dollars; they can use that money right now and have not come to the Board with that request because they do not want to bond without knowing what the court decision will be; and that decision will determine how they budget for management and for bonding. He stated they do not want to make the Program bond debt and have no money available in excess to shift over to the General Revenue if that is their only option. Commissioner O'Brien inquired if the millage is reduced to .2000 mill, will that cover the present debt service and give a surplus as well, and would it be sufficient to cover an 8.3 million dollar bond; with Dr. DeFreese responding no, but he does not know what they will need to cover the bond and would defer to Finance to make that calculation.

Commissioner Scarborough recommended proceeding with the .2500 mill as requested and ask for additional information prior to the final hearing; and if it is not needed, it can be lowered; but at this time it would be prudent to get all the facts together and ask them where they can go with it.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve tentative millage for Environmentally Endangered Lands at .2500 mill for FY 1996. Motion carried and ordered unanimously.

Chairman Higgs directed staff to return with a report on the coverage and what ability they have to further bond.

Chairman Higgs called for a motion to approve the tentative millages as read by Mr. Boynton.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve tentative millages for FY 1996 as read by Mr. Boynton and noted above. Motion carried and ordered; Commissioner Ellis voted nay.

Ms. Wall requested authorization to complete the DR 420 Forms.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the Budget Director to complete the Florida Department of Revenue Certified Taxable Forms DR 420. Motion carried and ordered unanimously.

The meeting recessed at 3:40 p.m. and reconvened at 4:02 p.m.

CONTRACT WITH JEAN-YVES CLERC, TRUSTEE FOR ROCKLEDGE VILLAGE, RE: SIDEWALK IMPROVEMENTS IN SIX MILE CREEK, PHASE IV

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract with Jean-Yves Clerc, Trustee for Rockledge Village, guaranteeing sidewalk improvements in Six Mile Creek, Phase IV. Motion carried and ordered unanimously.

AGREEMENT WITH ANTHONY BARBARO, RE: BUILDING PERMIT OFF VALLY ROAD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Anthony Barbaro for a building permit off an existing right-of-way known as Vally Road, which has been constructed to the standards of the Unpaved Road Ordinance 93-27. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: SMALL SCALE COMPREHENSIVE PLAN AMENDMENT 95S.9

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider Small Scale Comprehensive Plan Amendment 95S.9 for property located east of Grissom Parkway and south of Canaveral Groves Boulevard, changing the land use from residential to mixed use district. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: SMALL SCALE COMPREHENSIVE PLAN AMENDMENT 95S.10

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider Small Scale Comprehensive Plan Amendment 95S.10, amending the Future Land Use Map Series for Fred and Pauline Wilson's and Harold Echkman's property. Motion carried and ordered unanimously.

CONTRACT WITH DEPARTMENT OF COMMUNITY AFFAIRS, RE: FUNDING ASSISTANCE FOR EVALUATION AND APPRAISAL REPORT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract with Florida Department of Community Affairs for $14,069 to participate in the State's EAR Assistance Program; and authorize associated budget amendments. Motion carried and ordered unanimously.

AMENDMENT TO CONTRACT WITH DYER, RIDDLE, MILLS & PRECOURT, INC., RE: MINTON ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Amendment to Contract with Dyer, Riddle, Mills & Precourt, Inc. for additional design services for Minton Road Widening Project, Phase II, at $17,500. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH JOHN CLARK, TRUSTEE OF CLARK FAMILY TRUST AND RHM & BBM FAMILY LTD. PARTNERSHIP, RE: SURFACE WATER IMPROVEMENT PROJECT, FISKE AREA, PHASE 4 Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract for Sale and Purchase and Addendum with John Clark, Trustee of Clark Family Trust and RHM and BBM Family Ltd. Partnership, for purchase of a 20-acre stormwater retention pond for Fiske Area, Phase 4 Project at $50,000. Motion carried and ordered unanimously.

BUDGET CHANGE REQUESTS, RE: AMENDMENT TO COURT ALTERNATIVES FY 1995 BUDGET

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Budget Change Requests, amending the FY 1995 Budget of the Court Alternatives Department for an increase in revenue of $7,064 reimbursed by Human Services Department. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH ROBIN'S NEST OF BREVARD, INC., RE: SUBSTANCE ABUSE PREVENTION AND INTERVENTION SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Amendment to Agreement with Robin's Nest of Brevard, Inc., changing the address for the recovery home retroactive to June 1, 1995. Motion carried and ordered unanimously.

AGREEMENTS WITH TITUSVILLE SOCCER CLUB, CENTRAL BREVARD SOCCER, INC., MERRITT ISLAND MIDGET FOOTBALL LEAGUE, AND BREVARD COUNTY HORSESHOE CLUB, RE: USE OF FACILITIES AT STRADLEY, ROTARY, AND KIWANIS ISLAND PARKS AND ARTHUR DUNN AIRPARK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreements with Titusville Soccer Club for use of Arthur Dunn Airpark, Central Brevard Soccer, Inc. for use of Rotary Park Multipurpose Field, Merritt Island Midget Football League for use of Kiwanis Island Park Field #1, and Brevard County Horseshoe Club for use of Stradley Park, from August 8, 1995 through August 7, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COMMUNITY COLLEGE, RE: JOINT USE OF FACILITIES FOR COMMUNITY RECREATIONAL AND EDUCATIONAL OPPORTUNITIES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with the District Board of Trustees of Brevard Community College for joint utilization of facilities for community recreational and educational opportunities. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH PRIME CONSTRUCTION GROUP, INC., INITINAL PAYMENT, AND AMENDMENT TO AGREEMENT WITH CITY OF TITUSVILLE, RE: MANATEE HAMMOCK SEWER LINE PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with Prime Construction Group, Inc. for Manatee Hammock Sewer Line Project, decreasing contract price by $9,777; approve final payment to Prime Construction for the project; and execute Amendment to Agreement and Utility Conveyance with the City of Titusville for sewer line extension to Manatee Hammock Park. Motion carried and ordered unanimously.

ACCEPTANCE OF EASEMENT FROM TRICON DEVELOPMENT OF BREVARD, INC., RE: MAJESTIC SHORES CONDOMINIUM PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to accept 20-foot access Easement from Tricon Development of Brevard, Inc. for Majestic Shores Condominium Project on the east side of SR A1A, with the developer constructing and maintaining a dune crossover and graded walkway to be used by the public. Motion carried and ordered unanimously.

FINAL PAYMENT TO SANTA CRUZ CONSTRUCTION, RE: JOE LEE SMITH POOL RENOVATIONS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve final payment of $25,079.50 to Santa Cruz Construction for renovations to Joe Lee Smith Pool. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: NATIONAL KIDNEY FOUNDATION OF FLORIDA, INC. SURF FESTIVAL AT LORI WILSON PARK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to waive provisions of Article III to allow musical entertainment, and Article V, Section 18-104(2) to allow sale/possession/ donation of alcoholic beverages at the National Kidney Foundation of Florida, Inc.'s Surf Festival at Lori Wilson Park on September 2 through 4, 1995, subject to the Foundation providing crowd control, daily site clean up, general comprehensive liability insurance including liquor liability, and obtaining all necessary state and local permits. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: IRMA LOZADA MEMORIAL SCHOOL FUND RAISER AT ROTARY PARK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to waive provisions of Article III to allow musical entertainment, and Article V, Section 18-104(2), to allow sale/possession/ donation of alcoholic beverages at the Irma Lozada Memorial School Fund Raiser at Rotary Park on August 26, 1995, subject to the sponsors providing site clean up, general comprehensive liability insurance including liquor liability, and obtaining all necessary state and local permits. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: TRANSFER FOR COMPUTER EQUIPMENT FOR OFFICE OF TOURISM DEVELOPMENT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Budget Change Request transferring $4,953 from Reserve Capital Outlay to Office Equipment to upgrade and purchase computer equipment for the Office of Tourism Development. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: PARTS AND EQUIPMENT REPAIR FOR SOLID WASTE CONVEYOR SYSTEM

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve proprietary purchase of parts and equipment repair from the original equipment manufacturer Rexnord Corporation, for the conveyor system at the Central Disposal Facility's Volume Reduction Plant. Motion carried and ordered unanimously.

PERMISSION TO PUBLISH REQUEST FOR PROPOSALS, RE: VOLUNTARY EMPLOYEE BENEFITS PROGRAMS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize advertising request for proposals for voluntary employee benefits programs providing long-term disability insurance and flexible spending accounts; and appoint Chairman of the Board, County Manager, Budget Director, Sheriff, Clerk of Courts, Property Appraiser, Tax Collector, Supervisor of Elections, Port Canaveral Director, and Human Resources Director to the Selection Committee. Motion carried and ordered unanimously.

AWARD OF BID #B-5-5-97. RE: JANITORIAL SUPPLIES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to award Bid #B-5-5-97, Janitorial Supplies, to Melbourne Janitorial, Janitorial Depot, and Southern Janitorial for various items at various prices. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: CONSTRUCTION OF WEST MELBOURNE PUBLIC LIBRARY, AND COCOA BEACH PUBLIC LIBRARY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to bid construction of West Melbourne Public Library and Cocoa Beach Public Library. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: CONSTRUCTION AND RENOVATIONS TO MERRITT ISLAND PUBLIC LIBRARY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to bid construction and renovations to Merritt Island Public Library. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint and/or reappoint the following:

Brevard County Library Board

Ellen Johnson, 3835 Laurens Avenue, Valkaria 32950, to replace Pat Crawford, with term expiring August 8, 1996.

Historical Commission

Ann Christenson, 3710 2nd Avenue, Malabar 32950, replacing Ron Senne with term expiring August 8, 1996.

Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PUBLIC UTILITY EASEMENT IN POINSETT SHORES, 4TH ADDITION - LINDA SCHOON

Chairman Higgs called for the public hearing to consider a resolution vacating a portion of a public utility easement in Poinsett Shores, 4th Addition as petitioned by Linda Schoon.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution vacating a portion of a public utility easement in Poinsett Shores, 4th Addition, as petitioned by Linda Schoon. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AND RESOLUTION ESTABLISHING STORMWATER UTILITY ASSESSMENT ROLL AND RATE

Chairman Higgs called for the public hearing to consider an ordinance amending the Stormwater Utility, changing the name from Stormwater Management to Surface Water Improvement Division, and resolution establishing stormwater utility fee and certifying the assessment roll.

Surface Water Improvement Director Ron Jones advised the ordinance was revised to remove government lands from the assessment roll; the fiscal impact is $179,000; and due to changes in legislation, the sections that would require the ordinance to be heard each year in terms of the rate resolution were removed, so it will not come back unless there is an increase or decrease.

Commissioner Cook inquired if there is anything that needs to be addressed in the ordinance based on previous Board direction in terms of flood control; with Mr. Jones responding no, Ordinance 91-20 has always allowed for that.

Commissioner Scarborough inquired if Mr. Jones is saying the Board will not see the ordinance annually; with Mr. Jones responding the Board will always see the stormwater utility assessment roll for adoption, but the only time it would see the ordinance is if a change in the rate structure is proposed. Commissioner Scarborough stated every time the County gets funds from the public, the Board has to take action annually; and inquired if the Board can opt to do something other than keep the rate current; with Mr. Jones responding the Board will see the adoption of the stormwater utility assessment and will take action to certify that roll. Commissioner Scarborough inquired if he can recommend a reduction in the roll; with Mr. Jones responding yes.

Commissioner Ellis inquired what happens in the overlapping areas with Melbourne-Tillman Drainage District; with Mr. Jones responding with respect to collection of utility fees, the Melbourne-Tillman Drainage District basically has a fee structure which exceeds the County's stormwater utility assessment in most instances; in those cases where there is a dollar amount which exceeds the stormwater utility assessment, there is no assessment charged. Commissioner Ellis inquired if the homeowners are credited for the Melbourne-Tillman Drainage assessment; with Mr. Jones responding yes. Commissioner Ellis inquired what would it take to reactivate Crane Creek Drainage District; with Mr. Jones responding legislative action. Commissioner Ellis recommended the County Attorney look at that.

Chairman Higgs inquired if the stormwater utility can be expanded to areas where there have been problems and include areas within municipalities; with Mr. Jenkins responding not without their agreement, but the Board could do an interlocal agreement or an MSTU or try and reactivate Crane Creek Drainage District.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Cook, to adopt an Ordinance amending Article VII, Chapter 23 of the Code of Ordinances of Brevard County, Florida; amending Section 23-160 by changing references to the Division of Stormwater Management to Surface Water Improvement Division; amending Section 23-167 by providing that the rate resolution establishing the stormwater utility fee shall stay in effect until the stormwater utility fee is changed; providing for a public hearing on or before the 15th day of September in the year of a proposed rate change; amending Section 23-173 by providing for exemption of governmental agencies from the annual stormwater utility assessment; repealing Section 23-174; renumbering Sections 23-175 and 23-176; providing for severability; and providing for an effective date; and adopt Resolution imposing an annual Brevard County stormwater utility assessment for Fiscal Year beginning October 1, 1995 against all real property within the unincorporated areas of Brevard County, Florida; providing for classifications of property; providing for certification of annual stormwater utility assessment roll; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE PROHIBITING MINORS IN PUBLIC BARS

Chairman Higgs called for the public hearing to consider an ordinance prohibiting minors in public bars.

Rusty Fischer, 33 Fairway Drive, Cocoa Beach, owner of Bernard Surf, Rusty's Seafood and Oyster Bar, and holder of the lease to Cocoa Beach Country Club, advised this is a reactionary ordinance on the part of somebody; he has operated an establishment since 1965 that caters to children and families; and the only place he has that does not have a bar is Bernard Surf dining room. He stated if the ordinance is passed, he would not be able to have a child in his establishments; he sent the ordinance to the attorney for the Restaurant Association and called several other restauranteurs; and Walt Johnson who owns Steamers in Titusville and The Pier would have the same problem he does. Mr. Fischer advised they can legislate and run their own businesses; they are already legislated tremendously by the state, federal, county and city governments; and they do not need any more legislation. He stated the Board cannot legislate morality; there was a baby sitting at the bar last night and his manager had the baby moved to a table in the bar area; so they take care of their own businesses. He stated other restauranteurs feel the same way he does; this ordinance will affect their businesses tremendously; he has over 150 employees and a payroll in excess of 1.4 million dollars; and the ordinance would have a tremendous economic impact on him. He stated the County's sales tax revenue will go down; and it will be a tremendous economic detriment to the County; so he opposes it. He gave a copy of the answers from his Attorney to Mr. Knox.

Commissioner O'Brien advised of an incident with a child at the bar in Appleby's; and stated a bar is not conducive for a child; if the parent had gone to a table, as Mr. Fischer mentioned, he would have no problem with that; but for a child to be at the bar while the parent has several drinks is an abrogation of parental responsibility. He stated he has seen it many times, and that is why he proposed the ordinance. He stated most families do not wait in a bar with little children; but there are parents who bring up children in an atmosphere where they hear language and see actions they should not be exposed to when they are at a bar. He stated most adults go to a bar to get away from children; they get a baby sitter and leave the children at home; and they do not want to sit next to someone who has a child on a barstool. Commissioner O'Brien advised he knows that the majority of restaurant and bar owners in Brevard County are responsible individuals and take appropriate actions; but there is a growing number who are not responsible and act irresponsibly when it comes to children being at their establishments; and if there are suggestions to redefine bar and make it the bar only and not the bar area or tables three feet away, he would agree with that. He stated the ordinance does not say they cannot sit at tables in a bar area; it says they cannot sit at the bar itself; that is how he reads it and how Mr. Knox wrote it; and with that he will move approval.

Motion by Commissioner O'Brien, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida, prohibiting persons under the age of eighteen from remaining in the bar area of a commercial establishment licensed under the beverage law for consumption on premises; providing for definitions; providing for exceptions; providing for civil penalties; providing for enforcement; providing for severability; and providing for an effective date. Motion died for lack of a second.

Commissioner Ellis advised his concern is the ordinance will hinder good establishments and poor establishments will continue to do what they want to; with Commissioner O'Brien responding he does not think so, because the owner could be fined $500 if a child is at the bar.

Commissioner Scarborough advised there are restaurant areas and other areas where hors d'oeuvres are served with alcohol, and there are bar areas that are built up and has higher stools; and inquired if the child is taken away from the platform area and moved to a table would that be okay; with Commissioner O'Brien responding yes. Commissioner Scarborough stated he does not read the ordinance that way; and maybe the County Attorney needs to review it. County Attorney Scott Knox advised the definition of bar is limited to the structure from which they serve liquor and not the tables in the bar area, and the only restriction is the child cannot sit, stand, or lay on it.

Commissioner Cook advised his concern is the restaurant people have not had the opportunity to review the ordinance; he does not disagree with what has been said, but it should be delayed to give them more time to provide input on what impact it will have on them. Commissioner O'Brien stated he cannot perceive any impact because it is only the bar and not the tables three feet away; and he does not think anyone who owns a bar would want children sitting at it.

Chairman Higgs noted she will not support the ordinance; and unless there are three votes in support of it, there is no reason to table it.

Commissioner Cook advised the only benefit to table the ordinance is to get additional input from the restaurant industry.

Commissioner Scarborough stated he thought there were laws prohibiting minors in certain establishments; some restaurants use bar areas as waiting rooms; and inquired at what point does it become illegal for a child to be in an establishment such as a night club or total bar; with Mr. Knox responding there may be restrictions on that. Commissioner Cook stated he wants to know that before the Board takes action on the ordinance; and recommended tabling it until they get answers to all the questions.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to continue the public hearing on an ordinance prohibiting minors in public bars until September 12, 1995. Motion carried and ordered; Commissioners Ellis and Higgs voted nay.

DISCUSSION, RE: OPTIONS FOR IMPERVIOUS OVERFLOW PARKING AT THE JUSTICE CENTER

Chairman Higgs requested Mr. Vislay outline the options.

Commissioner O'Brien stated because the Board is not putting in the Public Defender's building, the number of parking spaces needed should be less.

County Manager Tom Jenkins advised it was a matter of not wanting to amend the site plan; if they had amended the site plan, they would not have needed as many parking spaces, but they did not want to go through the process of amending the site plan so the footprint stays the same with the Public Defender's building on it, but it will not be built; and that is what impacts the amount of parking spaces needed.

Commissioner Ellis stated by leaving it on the site plan, there is a potential of adding it at a later date if a future Board decides to; with Mr. Jenkins responding that is correct.

Commissioner O'Brien stated he likes Option 2 which does not cost any additional money and at the same time construct the standard parking spaces in phases if they are needed; and it could be done by the Road and Bridge Division.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to approve Option 2, construct 451 standard parking spaces and phase the installation of the 151 impervious parking spaces at a later date if the Public Defender's building is constructed, without altering the original site plan or waiving total quantity and type of parking spaces, and provide no fill or site work, at no cost to the County. Motion carried and ordered unanimously.

APPROVAL OF WAIVER, RE: ELECTRICAL RECONNECTION PERMIT FEES DUE TO HURRICANE ERIN

County Manager Tom Jenkins advised the County did this for Tropical Storm Gordon in Barefoot Bay, and brought it back because of Hurricane Erin.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to waive electrical reconnection permit fees required to restore power to homes with an affidavit signed by a certified electrical contractor that electrical service may be safely restored. Motion carried and ordered unanimously.

DISCUSSION, RE: DEDICATION OF A PORTION OF STORMWATER ASSESSMENT REVENUE SOLELY FOR DRAINAGE IMPROVEMENTS

Commissioner Cook advised the Board has already dedicated a portion of the Stormwater Assessment revenue for drainage improvements. Chairman Higgs stated the direction was clear.

Commissioner Ellis requested a report by November 1, 1995, on what the Stormwater revenue will be used for. Commissioner Cook stated they should apply some of the money for the immediate needs because another tropical storm is out there. Commissioner Ellis requested Mr. Knox look at the requirements to do changes and repairs under emergency situations and permit after the fact with the St. Johns River Water Management District.

Chairman Higgs stated staff needs to clean the areas that are silted over and overgrown while the County has the assistance available from the federal and state governments to help with those costs, and to get those done quickly. Commissioner Ellis stated that may involve further delay of the Wickham Road project; there were 15 to 18 employees tied up on that project; and there may be other work that needs to be done immediately, but that is staff's decision. Chairman Higgs advised she asked Road and Bridge Division to give her a list of the projects they were doing in the MSTU, but never directed any project; she wants to see a reordering of priorities in District 3 in line with using some of the funds to do drainage work that is needed; and since the Board voted to use stormwater utility money, she needs feedback from staff to know what would not be accomplished in terms of serious drainage issues out of the stormwater funds and what role the Board should play in looking at those projects. She stated it may be outside the realm of the Commissioner to direct paving and repaving projects under the Charter, but staff could come back to the Board with a list so it can review the projects. Commissioner Cook stated it may tie them up between Board meetings; and the Board should not have to approve every time they replace a culvert. Chairman Higgs noted she wants the list to know what is being done.

County Manager Tom Jenkins advised he is not uncomfortable, under the Charter provisions, with staff working with each Commission Office to review drainage problems and solutions.

Commissioner Ellis stated a lot of pipe and culvert work needs to proceed now. Chairman Higgs stated she is not delaying that, but wants clarification so she is not accused of overstepping the Charter.

APPROVAL AND CERTIFICATION, RE: HOME CONSORTIUM CONSOLIDATED PLAN

Commissioner Ellis advised the project for Serene Harbor has the County buying the building; and if the County gets into paying 100% for every site acquisition, none of the nonprofit agencies will work to build their own buildings or rent facilities because CDBG will purchase those for them. He stated the County should provide perhaps 20% for a sizable down payment, and the organization work to make the payments on the property. He stated paying for the whole facility would set a precedent, and the County will get numerous applications from people asking it to buy them facilities.

Assistant County Manager for Community Services Joan Madden advised it is an eligible expense and has been to a public hearing and to the CDBG Advisory Board, but it is a policy decision of this Board whether to approve it or not.

Commissioner Ellis stated Serene Harbor rents the facility now, and the County is going to buy it for them; there are a lot of nonprofit agencies that rent space in Brevard County; and inquired if the County will buy space for all of them because it will save them the monthly rental costs; with Ms. Madden responding she understands, and it is a policy call of the Board. Commissioner Ellis stated 20% would be $28,000; that would be a sizable down payment; and they could initiate the purchase themselves; but if the County buys the facility, it will set a precedent to buy facilities for every nonprofit organization that are in rental space now.

CDBG Supervisor Denise Carter advised CDBG has purchased property and constructed buildings for several agencies; it constructed the Food Bank building for Central Brevard Sharing Center at $200,000; purchased 32 acres for the City of Rockledge for stormwater improvements at $175,000; and will construct a Parent Resource Center for Child Care Association of Brevard County, Inc. at $145,000. She stated it purchased right-of-way and will construct a 3,000-square foot addition to Cocoa West Community Center that will be owned by the County but used by a nonprofit agency at a cost of more than $373,000; and it has acquired land for Habitat for Humanity.

Commissioner Ellis inquired there was one agency providing the service and now there are two; the County is going to buy the property for them; and inquired what will happen if there is a third or fourth agency, will the County purchase property for those also.

Diane Dixon, Executive Director of Serene Harbor advised it would make a huge difference in their monthly operational costs; they provide a service to people in South Brevard who were not served prior to their being there; they serve a lot of people and were able to serve even more in the new facility; and they have served more people already than they had for the entire year last year, so they are meeting people's needs. She stated they were looking for all sources of funding and came to the County because it is a source of funding; her Board and staff made a real commitment to serve victims of domestic violence and have done amazingly well with the dollars given to them; a minimal part of their budget comes from grants and most of it comes from the community; so it is not like the County is buying them a building and they are resting on their laurels. She stated they work hard to make payments for electricity, food, etc.; their services are free because a person in that situation does not have access to money and has nothing when they come there; so they provide for their needs and is accessible to them so they can get services and get on their feet.

Commissioner Ellis inquired how much does Serene Harbor pay for rent now; with Ms. Dixon responding $800 a month for one year; and they have an agreement for that and to purchase the facility within the year.

Chairman Higgs inquired what will happen if they are no longer in business or want the facility, will the ownership revert to the County; with Ms. Dixon responding she was surprised this came to the Board today because she thought staff and Serene Harbor would come to agreement before it came to the Board; they would not oppose the facility reverting to the County if it spent the money to buy it; and they were discussing with staff that if they went to a larger facility and this facility was sold, the money from the sale would go into a comparable operation. Ms. Madden advised as they enter into contract negotiations, a reverter clause could be put in the agreement.

Commissioner Cook advised if the County buys the facility what would happen if it is sold is a good question; and he wants to know if the County is under any obligation to pay for appraisals or have purchase constraints or procedures to follow because it is public money; so he would like to see that before making a decision. Ms. Carter advised putting a reverter clause in the agreement was a concern raised at the Advisory Board meeting; and Ms. Dixon is aware of it. She stated the process is two-phased, with (1) applying for the grant, and (2) establishing agreements with nonprofit organizations before coming back to the Board. Chairman Higgs inquired if the agreements will come back to the Board; with Ms. Carter responding yes. Commissioner Cook advised Lee Wenner called his office and left a message regarding this item; and inquired if there is an organization he is associated with that is getting CDBG funding; with Ms. Carter responding yes, Alco-Hall receives $24,015.

Commissioner Ellis stated it is better to discuss it today so people who run those agencies know what the Board's direction is; he has concerns with 100% funding for site and property acquisitions because every agency will ask for a building; and it would be better to provide the down payment. Commissioner Cook stated there is some merit in matching funds also, and some agencies could provide 50% and the County pay 50%. Ms. Dixon advised they have provided match in a sense; they have put $47,000 into renovations and upgrades, new septic system, etc.; and they have put about $25,000 into goods and services. Commissioner Cook stated what is put in the structure could be considered matching funds; and inquired what is the purchase price; with Ms. Dixon responding $140,000. Commissioner Cook inquired if an appraisal was done; with Ms. Madden responding they have a market value of $160,000 but the appraisal has not yet been done. Commissioner Ellis stated he does not understand putting $47,000 into a rental facility with a one-year option before it goes on the market; with Ms. Dixon responding they have a contract to purchase it within one year so it would not go on the market before then unless they decide not to purchase it.

Chairman Higgs inquired what is the annual budget for Serene Harbor; with Ms. Dixon responding last year it was $100,000 and this year, with the new facilities and increased expenses, they anticipate it to be about $125,000. Chairman Higgs advised she has asked that all human services contracts include performance criteria and measurable outcomes; she shares Commissioner Ellis' concern about buying the building, and thinks the Board should be contracting for services instead; she does not have a problem providing $140,000 for battered women at Serene Harbor; but she has a concern with buying the building with CDBG funds and not have performance criteria involved with direct delivery of services because the County cannot go back and recoup if they do not perform. She stated she has no concerns that Serene Harbor is not doing a great job; if the Board gave it "x" dollars to do "x" service, she would feel confident it would get that; but she has a concern if buying a building rather than allocating funds for services is what the Board should be doing.

Commissioner Cook inquired if this has to be acted on today; with Ms. Carter responding it has to be in Jacksonville by August 16, 1995. Commissioner Cook recommended bringing it back at the next meeting and have answers to the questions also.

Chairman Higgs inquired if there is another way to assist in the mission of Serene Harbor without buying the building. Commissioner Ellis recommended a down payment to enable them to purchase the building. Chairman Higgs suggested a grant for the down payment and a certain amount of dollars to perform certain services in the calendar year with performance criteria; and noted it may be more acceptable to the Board. Ms. Carter advised it could be made a contingency for Serene Harbor so staff can submit the Plan and other grants for Melbourne, Titusville, and Cocoa will not be affected by this one project. Commissioner Ellis inquired if Serene Harbor's allocation would be held in a contingency fund; with Ms. Carter responding yes.

Commissioner O'Brien inquired about the Brevard Community College Community Commons Education, Job Training, Social Services, Recreation, Drug-free Environment $15,000 grant; with Ms. Carter responding it is a community commons project on Roosevelt Avenue designed to encourage mothers that are on welfare to get off welfare and take their GED test and graduate, and to become self-sufficient in the community. Commissioner O'Brien inquired if BCC already has those programs; with Ms. Carter responding the program is designed to operate in a community; one is on Merritt Island on Roosevelt Street and the other in Cocoa; and CDBG is paying for counseling services. Commissioner Ellis stated it is a literacy program which addresses a core program; if they are not literate, they would have a great difficulty getting any kind of a job or be trained for any job; and they are looking to set this program up in libraries.

Commissioner Cook advised the County was notified by HUD that the low to moderate income benefit for activities in Brevard County was reduced to 42.8%, but staff recommended continuing with 51%; and inquired why; with Ms. Carter responding it is important because they are looking at other areas to be included and to bring in an additional 16 block group areas; and at this time, there are many other improvements that are needed in areas that are 51%.

Chairman Higgs recommended approval of the item with contingency on Serene Harbor of $140,000 and Ms. Dixon work with staff between now and Tuesday night to see if there is a way other than buying the building to work with them. Ms. Dixon advised CDBG has over two million dollars and 15% of that can be used for community services; there are a lot of community agencies such as Serene Harbor competing for a small amount of money; so she applied for the capital section because the community service section was limited; and that is why it was set up that way. Chairman Higgs requested Ms. Dixon work with staff to find a more acceptable way to assist Serene Harbor because they know the Board's concerns. She stated the Board is not saying it does not want to be a part of the project, but it has concerns about the way to do it.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve submittal of the consolidated Plan to HUD and execute Certifications for Fair Housing, Anti-displacement and Drug-free Workplace, Community Development Block Grant, HOME Investment Partnership Program, Emergency Shelter Grant and Housing Opportunities for Persons with Aids Program; authorize a contingency of $140,000 for Serene Harbor; and direct staff to work with Serene Harbor to develop a means of assisting the shelter for battered women other than acquiring property or facility, and report back to the Board on August 15, 1995. Motion carried and ordered unanimously.

APPROVAL, RE: ADVERTISING OF BREVARD COUNTY IN FLORIDA TREND MAGAZINE

Commissioner Scarborough advised TDC and EDC are advertising Brevard County; and inquired if the Board should be advertising as well, should the number on the ad be the County's as opposed to TDC or EDC, and if it will send mixed signals. He stated the Florida Trend ad is basically for businesses, and perhaps EDC's phone number should be run instead of the County's so one agency can keep track of all the responses.

County Manager Tom Jenkins advised it is the County's Economic Development Office, and that is the reason they used that number. He stated it is not County money as the various corporate entities in the County agreed to participate, and EDC may be part of this ad as well rather than running a separate ad. Commissioner Cook stated this is the most unclear item he has ever seen. Mr. Jenkins advised the logos will be put around the ad.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve advertising of Brevard County in the October issue of Florida Trend Magazine. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: CONSTRUCTION OF EAU GALLIE PUBLIC LIBRARY

Commissioner Ellis advised the project is coming in at a very low price on a square-foot basis; there were problems with the roofs on Satellite Beach and Titusville Libraries; and his concern is the savings is being made up on the roof, and the way they got the price down was perhaps by putting on a cheaper roof.

Facilities Construction Director Joseph Vislay advised that is not the case; and the problem with the roofs mentioned is not a cost problem but installation and design problem. Commissioner Ellis stated those are the people who are designing the roof for Eau Gallie Library, and that is why he is concerned. Mr. Vislay stated the design problems would not impact cost; it is a matter of constructing the details properly; and based on the architect's and staff's estimates, they have adequate funds to build the project. Commissioner Ellis inquired if the roof will have a ten-year warranty; with Mr. Vislay responding yes. Commissioner Ellis inquired if all the library projects will have lightning protection; with Mr. Vislay responding that is correct.

Commissioner Scarborough inquired if staff is bringing on a roofing consultant; with Mr. Vislay responding out of the budgeted funds they picked up a roofing consultant who helped with analysis of the problems at Satellite Beach Library; and he is inspecting and giving staff input with the other projects. Commissioner Scarborough inquired if Eau Gallie Library is covered; with Mr. Vislay responding yes.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to bid construction of Eau Gallie Public Library. Motion carried and ordered; Commissioner Ellis voted nay.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: FY 1996 RADIOLOGICAL EMERGENCY PREPAREDNESS

Commissioner O'Brien advised the Agreement with the State is for a radiological emergency preparedness grant; however, there are no nuclear plants in Brevard County; the options say approve and execute to enable the County to receive $20,226, and if disapproved it will forfeit that money; however, it does not say the grant is matched dollar for dollar; so if the Board does not approve it, it will save $20,226 and not forfeit anything.

Emergency Management Director Mark McMichael advised it has been an ongoing plan for many years; they have an Agreement with the State Emergency Management Agency and Florida Power & Light Company whereby FPL provides the funding to the State for the grant; and they have had a radiologically-trained person for the last five years. He stated this grant supplements the salary of that person who does not function solely as a radiological officer and helps with other details of emergency management; however, disapproval of the grant agreement is always an option.

County Manager Tom Jenkins advised the individual does a lot of other things; unfortunately, the Agenda Report did not tell the Board that; and this is a way to have that grant supplement that person by picking up 50% of the cost.

Assistant County Manager for Community Services Joan Madden advised the body of the Agenda Report says it is a 50% matching grant for the Special Project Coordinator I salary, and it was not the intent to not let the Board know that.

Mr. McMichael advised besides the planning and education programs he provides, he will receive and decontaminate persons who may be a part of Turkey Point Nuclear Plant in the event of a problem because their evacuation plan sends them to Brevard County.

Commissioner O'Brien advised there is travel for the radiological officer and staff to attend REP seminars and workshops in Emmitsburg, Maryland at $900; and inquired if only the officer goes or anybody staff chooses; with Mr. McMichael responding they only send the officer, but it is the County's option to send anyone and use the grant funding.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Florida Department of Community Affairs for the FY 1996 Radiological Emergency Preparedness grant of $20,226. Motion carried and ordered unanimously.

RESOLUTION AND SECOND AMENDMENT TO CONTRACT FOR SALE AND PURCHASE WITH CAPE CANAVERAL HEIGHTS, INC., RE: LAND ABUTTING CENTRAL DISPOSAL FACILITY

Commissioner O'Brien inquired if $6,000 an acre is a good deal, and how much of the land is junk and wetlands. He stated at the last zoning meeting, a developer wanted to put an RV park in that area and gave the neighbors an acre each because it was so wet he could not build on it ever; and now the County is buying land adjacent to that and paying $6,000 an acre.

Solid Waste Management Director Richard Rabon advised the majority of the land in that area is dry, but those parcels closer toward Adamson Road; and further west the land is dryer; there are some wet areas; but given the fact that it will square off the entire 240-acre tract, it will allow more flexibility in what they need to do to go into the upland areas and get cover material needed; so they will get a return on the investment for that property. Commissioner O'Brien stated the St. Johns River Water Management District will not let them build in the wetlands; with Mr. Rabon responding by having the property, it will enable staff to work around the wetlands easier. Commissioner Cook inquired if it is the same price the County paid for other properties; with Mr. Rabon responding yes. Commissioner O'Brien stated it is excessive and should be $3,400 an acre. Commissioner Ellis stated if they bought property somewhere else for fill, they would have to truck it in. Mr. Rabon stated they will receive a return on their investment in less than five years and have a half a million dollar profit if they excavate at today's rate for the entire 240 acres. Commissioner O'Brien stated the present owner will make some money too.

County Attorney Scott Knox advised there were minor modifications to the contract given to the Board in the Agenda package; and Ms. Harasz will explain the changes.

Assistant County Attorney Kathryn Harasz advised they changed the closing date to August, 1995; there were changes to the survey language to do one large survey and share the cost between the parties; and ordinarily in a real estate contract, the buyer assumes all survey costs, so this is a good deal for the County. She stated there is a provision in the Contract that the seller will condemn any parcels they cannot purchase by January 1, 1996; that date was extended to June 1, 1996; and there is a resolution of necessity which will state the County needs the property to expand its landfill. Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to adopt Resolution of Necessity and execute Second Amendment to Contract for Sale and Purchase with Cape Canaveral Heights, Inc. for land abutting the Central Disposal Facility. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 88-44, SPACEPORT FLORIDA AUTHORITY

Commissioner O'Brien advised the Spaceport Florida Authority was formed in 1982 with five members; EELS bought $15,000 worth of an acre or two in the Industrial Park; and inquired how many acres did it buy, and what happened with the EELS money; with Economic Development and Legislative Affairs Director Greg Lugar responding EELS purchased 54 acres. Commissioner O'Brien stated the debt is 2.7 million dollars on the principal alone; the County is paying $275,000 a year; and inquired if it is using EELS money to cover the debt; with Mr. Lugar responding yes, until it can make sales in the Industrial Park. Commissioner O'Brien inquired if the County could eliminate the Authority and sell the property instead of adding more people into the formula and change the name to Space Commerce Park; with Commissioner Ellis responding they have not had luck selling the property so far.

County Manager Tom Jenkins advised the Authority is a mixture of representatives from TiCo, Spacecoast Development Commission, and people in the area who have an interest in economic development of the area; they provide their experience to the process; it is an advisory board; and any final decisions on sales come to this Board for approval. He stated the more players in the process increases the chances of selling the land. Mr. Jenkins advised they approached the Port Authority to buy the park, but it did not come to fruition; the thinking was if the Port was a player in the park which is a foreign trade zone, it may enhance the ability to sell some of the real estate; and the primary goal is to get rid of it and create jobs in North Brevard.

Commissioner Scarborough advised there has been a lot of conversation on the ability to effectively market the industrial park; last year the Board hired a realtor, and that has bombed as far as he is concerned; the Agency and Mr. Jenkins sit on the Authority and the County Attorney is the attorney for the Authority; but he was enthusiastic about the Port taking it over because it is all over the world selling Brevard County in a commercial sense; and creating a separate agency is ludicrous. He stated if the Port would take it over, good things could happen; and TiCo Airport Authority has an interest, but does not have the economic ability to do much.

Commissioner Ellis inquired what is the debt and acreage remaining to sell; with Economic Development and Legislative Affairs Director Greg Lugar responding about 170 acres are still marketable, and the debt principal is about 2.7 million dollars. Commissioner Ellis inquired even if the 170 acres were sold, would the County still have a loss; with Mr. Jenkins responding the asking price is $25,000 an acre. Commissioner Ellis commented that is why it is not moving. Mr. Jenkins stated there is not much movement anywhere; Meadowridge Industrial Park across the street is slow; and Vectorspace on U.S. 1 is not doing anything either. Commissioner Ellis inquired what would be the possibility of approaching the Port and selling it to the Port for the debt; with Mr. Jenkins responding they did that and the Port declined.

Commissioner Scarborough advised the Port said it would do it if it could get the Airport also; the Board cut off the Airport Authority and the Port said they did not want it; so the Board had to fund the Airport Authority. Commissioner Ellis inquired about auctioning the park and taking the loss rather than budgeting $250,000 every year from franchise fees; with Mr. Jenkins responding they are not doing that right now. Commissioner Ellis stated that is because they sold some of the property, but that will not last forever; with Mr. Jenkins responding it should last about two years. Commissioner Scarborough stated Mr. Mizell said they had about $300,000 to bring the road off SR 407; that feeds into SR 405 to the Space Center; and SR 407 will go straight to the park; so there is some belief it will add to the marketability of the parcels. He suggested waiting until the road is in before considering an auction because the land would be more valuable. Commissioner Cook inquired about the Authority; with Commissioner Scarborough responding he has no problem with the Authority; it is an advisory board that receives offers, reviews them, and scrutinizes them to determine whether they are good or bad; and it does not get involved in much more than that. Mr. Jenkins advised they plan and market and come up with ideas to try and sell the real estate. Commissioner Cook stated the Board needs to look at alternatives.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize advertising a public hearing for September 12, 1995, to consider an ordinance amending and replacing Ordinance No. 88-44 relating to Spaceport Florida Authority. Motion carried and ordered unanimously.

Commissioner Scarborough recommended the Board consider renewing agency contracts to assist the Authority with selling land in the park in September or first part of October, 1995, and see what other options are available.

AWARD OF PROPOSAL #P-3-5-09, APPOINT NEGOTIATING COMMITTEE, AND AUTHORIZE EXECUTION OF CONTRACT, RE: UNIX CLIENT/SERVER SYSTEM

Commissioner O'Brien advised Items III.D.7, 12, 13, and 14 involve purchasing of computer equipment; the Board is in the midst of the budget process; fiscal impact is $953,000; it is for the Unix client/server program hardware; and inquired what will come after that, will they have to get a Lantastic for every terminal, and is the software compatible to the server. He stated he read it was not and they had to get rid of hardware and terminals at various locations. He stated Item III.D.13 is permission to issue Purchase Order for annual maintenance at $114,000 for software to run on the main frame; and inquired if that is the current or new main frame; with Commissioner Ellis responding they are not buying a main frame. Information Systems Director Jim Deuel advised the support is for the current main frame; the client/server project is overlapping to some extent because it is building to the point where they can use existing software and as much of the existing hardware as they possibly can in all the networking to make the conversion into the client/server world; and much of the IBM cost and some AG Software cost will eventually go away because the client/server will replace them. He stated they are buying hardware for the Unix system to run on, but not main frame hardware; they are requesting to buy three Unix boxes; the software they developed over the last ten years for the main frame is fully compatible with those boxes; and that is the reason they chose to go that way.

Commissioner O'Brien advised the message he received from Mr. Deuel is that the advantage to migrating to client/server environment is the ability for similar hardware and software to work together as an open system; the client/server environment they are attempting to establish will co-exist with the current main frame; and all existing Windows based PC's, as well as all local area networking and wide area networking in the County, will be compatible. He stated the message said to take advantage of the client/server environment they will need to start replacing old DOS based PC's and dumb main frame terminals; so they will be moving out equipment that already exist and moving in the new system; with Mr. Deuel responding no, the IBM Contract is for executive software on the main frame; what they are moving out are the PC's people are rolling over right now; and it is equipment that has been in place for a number of years and are technically obsolete. Commissioner O'Brien stated he heard technically obsolete before, but if it runs perfectly well it is not obsolete; they all want new toys; but if the old toys work, why get new ones. Management Services Director Michael Managan advised Commissioner O'Brien that when he first took office he wanted to get rid of the existing computers which were 286's, but they could do the job; and stated that is happening all over the County. Commissioner O'Brien questioned the Memorex Telex Purchase Order at $32,000; with Mr. Deuel responding that is for hardware maintenance to assure when something breaks, they can get someone out immediately to fix it; and that includes maintenance on main frame terminals as well as servers. Commissioner O'Brien stated it is maintenance only for Memorex and not Unix or IBM; with Mr. Deuel responding that is correct.

Commissioner Cook inquired if all the items were included in the budget; with Mr. Deuel responding yes. Commissioner Ellis advised the Board had an insurance surplus when it made the change, and committed to make capital expenditures to upgrade the computer system. Mr. Managan stated it is a productivity issue. Mr. Jenkins advised they are moving off the main frame and the main frame will become a storage unit for all data; they are getting to the world of individual PC's; and everything they used to do on the main frame where they had to wait for response time will be don on PC's by departments. He stated another critical point is the Geographic Information System; and if they do not go with the client/server and distributive system, they cannot have a Countywide Geographic Information System. Commissioner Cook inquired if everybody will have their own PC; with Mr. Jenkins responding everyone who can operate them almost has one now. Commissioner O'Brien suggested computers in the Board room for Commissioners. Mr. Managan advised the long-range vision is for anyone who needs a PC to have one and get rid of dumb terminals and do spread sheets, word processing, and other functions through the client/server.

Chairman Higgs advised all the items except III.D.14 are part of the same system, and 14 is an increase in the Memorex Telex Purchase Order; with Mr. Deuel responding it is for the current fiscal year because the maintenance on the equipment he had planned on having rolled out has not rolled out yet because they had a delay in putting in the new system. Chairman Higgs inquired why are they paying for July which has passed; with Mr. Deuel responding the bill is sitting on his desk and is due. Chairman Higgs inquired if they received service; with Mr. Deuel responding yes.

Commissioner O'Brien stated he wanted to compare them all together and make sure they will not have to replace half of them again to get them to work together. Mr. Managan advised the item was approved prior to Commissioner O'Brien taking office, and staff will work with him and give him a thorough briefing on where they are going with the Information System.

Commissioner Cook inquired if it is only for the County; with Mr. Managan responding it includes the Tax Collector and Property Appraiser, but not the Clerk and Sheriff. Commissioner Cook inquired if they will still maintain separate systems; with Mr. Jenkins responding the Clerk does the courts on his system and the Finance side comes through the County's system.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to award Proposal #P-3-5-09, Unix Client/Server System, to IBM, Inc. at $335,179.92; appoint Jim Deuel, John Orndorff, Mike Managan or his designee, and Katherine Harasz to the Negotiating Committee; and authorize the Committee to negotiate with IBM, Inc.; and if not successful, to negotiate with E.C.C.S., Inc. (AT&TR); and if not successful, to negotiate with Natural Systems Analyst (SUN); and if not successful, to negotiate with Memorex Telex; and to return to the Board with the Contract. Motion carried and ordered unanimously.

APPROVAL OF OPEN PURCHASE ORDER TO IBM, INC., RE: OPERATING AND EXECUTIVE SOFTWARE

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve open Purchase Order to IBM, Inc. in the amount of $174,000 to cover IBM operating and executive software charges for FY 1995-96. Motion carried and ordered unanimously.

PERMISSION TO ISSUE PURCHASE ORDER TO SOFTWARE AG OF NORTH AMERICA, INC., RE: ANNUAL MAINTENANCE

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve issuance of Purchase Order in the amount of $115,719 for payment to Software AG of North America, Inc. for annual maintenance of software products that run on the main frame. Motion carried and ordered unanimously.

PERMISSION TO INCREASE OPEN PURCHASE ORDER #402968 TO MEMOREX TELEX, RE: INFORMATION SYSTEMS DEVICES

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve increase in Open Purchase Order #402968 with Memorex Telex from $24,000 to $32,000 to cover maintenance for July, August and September, 1995. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Commissioner O'Brien advised page 7 is a letter from BellSouth Telecommunications to City of Rockledge Wastewater Department for $580.36 for damage to Southern Bell's facilities; and inquired why is the County paying the bill and not the City of Rockledge. Chairman Higgs advised the damage to the cable occurred on February 28, 1995 in front of McLarty Park while they were trenching in reuse water lines. Commissioner O'Brien inquired if it was the County's water lines or the City's; with County Manager Tom Jenkins responding the Board can pull that item and he will get more information. Chairman Higgs advised the intracity memorandum said Mr. Clow was to have the utilities located. Commissioner Cook stated because the County people did the siting incorrectly, they cut the lines, and it was the County's responsibility to do the siting. Commissioner O'Brien stated they are billing the County $580.36 for their line, and Danella Construction is billing the County $119 for the same line; someone called Danny said he was there to locate the utilities and did not call for locates at all; and inquired who is Danny. Assistant County Manager for Community Services Joan Madden advised she does not know who Danny is, but knows who Mr. Clow is. Commissioner O'Brien stated it is a County problem, but he wants to know who Danny is; and recommended pulling pages 7, 8 and 9.

Commissioner O'Brien advised pages 21 through 64 is about a Deere excavator ROPS; he called Dick Martins who said the excavator was declared unrepairable and was in fact repaired; a memo from Risk Management to Finance dated July 17, 1995 indicates the action taken by Hertz; everyone put in pictures and more pictures and had their fingers in the same pie; and inquired why are there so many repeats. He stated Neff Machinery or Hertz got involved; they attempted to get estimates to repair the excavator, but was told to call the local dealer Neff Machinery due to liability of performing such repairs; and that the structural integrity of ROPS has been compromised and cannot be repaired; meanwhile the County gets bills of $10,000 or $12,000; and inquired if it is buying the equipment or repairing it. He stated there are bills from Hertz and bills from Neff and not one total to tell him what the County paid to fix the excavator.

Chairman Higgs advised the County rented the excavator from Hertz and damaged it when the cab did not clear the roof of a house owned by the County. Commissioner O'Brien stated Hertz said it was not repairable; there was another bill from Hertz for $1,200 for rental and another emergency purchase for $1,064; there are all those bills and no one sat down and put them all together to compare them and see if they are legitimate, was the equipment fixed, did the County pay Neff, did it pay Hertz, or is it paying for the same damage more than once. Commissioner Cook inquired if anyone can answer Commissioner O'Brien's questions; with Mr. Jenkins responding they will look into it. Commissioner Cook recommended pulling pages 21 through 64 for review; and instructed staff to provide full names of employees, not just Danny. Commissioner O'Brien advised page 267 refers to Larry Jones Hand, III; he recognized that name from previous bills; the bill is for $288; page 277 is another bill for $108; page 279 is another bill for $644; and page 281 is yet another bill at $152.00 for Larry Jones Hand, III. He inquired how many times does Mr. Hand have to go back to court and if he is in court every month. Commissioner Cook recommended pulling those bills to determine what the story is. Chairman Higgs advised there are concerns from court reporters about delays in receiving payments; and inquired if these bills could come back on Tuesday night; with Commissioner O'Brien responding sure.

Commissioner O'Brien advised page 342 is for an interpreter at $35 an hour for two hours for Judge Antoon; a Cantonese interpreter cost $60 an hour; he can get interpreters for $12 an hour; and it appears Judge Antoon and others do not care how much they spend. Commissioner Cook advised he met with Judge Lober and that was one area he was going to look into; so maybe the Board needs to pursue that again and get a standard fee for interpreters. Commissioner O'Brien recommended Mr. Jenkins send a letter to Judge Antoon with copies of the bills, or to Chief Judge Moxley, and bring it to his attention that the Board feels it is bordering on outrageous.

Commissioner Cook advised he brought those things up to Judge Lober also and he was going to look into it; but it was at the time they were changing chief judge; Judge Lober set a certain fee for juvenile court at $80 an hour and he said there may be other areas that possibly could be set for a standard rate. He stated Judge Moxley indicated at the workshop he is willing to look into that.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve bills and budget transfers except those bills relating to the damage to BellSouth facilities at McLarty Park, Hertz Rental for excavator, and Larry Jones Hand III. Motion carried and ordered unanimously.

REPORT, RE: CONTRACT FOR SALE AND PURCHASE FOR MALABAR ROAD, PHASE II

Chairman Higgs advised she has been asked to sign a contract for property regarding Malabar Road, Phase II project; the Board approved it on March 19, 1990; the County is paying $64,500 which is 101% of the appraised value; and since it was done in 1990, and is so old, she wanted the Board to acknowledge it so she can sign it.

Commissioner Cook advised the Board can acknowledge that Board's action like it has done with others.

The Board acknowledged that the Contract for Sale and Purchase of property required for Malabar Road Widening Phase II was approved by the Board on March 19, 1990.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 5:40 p.m.

ATTEST:

SANDY CRAWFORD, CLERK

(S E A L)

NANCY N. HIGGS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA