September 28, 2004

The Board of County Commissioners of Brevard County, Florida, met in regular session on September 28, 2004, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chair Nancy Higgs, Commissioners Truman Scarborough, Ron Pritchard, and Susan Carlson, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Commissioner Jackie Colon.

The Invocation was given by Major Otis Childs, Salvation Army Melbourne, Florida

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Minutes of May 18 and 25, 2004, and July 13 and 20, 2004 Regular Meetings, and August 17, 2004 Special Meeting. Motion carried and ordered unanimously.

REPORTS, RE: STATUS REPORT ON STORM ACTIVITIES

County Manager Tom Jenkins advised staff will give the Board a status report on the storm activities; as of 5:00 a.m. this morning, there were 127,700 people in Brevard County still without power; that represents 47%; and the power companies have made tremendous strides in the last several days, but there are still a very large number of Brevardians who do not have power. He stated they hope to see improvements in that number throughout the day; and Peggy Busacca will give the Board an overview on the damage assessments to date.

Assistant County Manager Peggy Busacca advised currently 18 damage assessment teams have gone out throughout the County; damage assessment of approximately 25% of the County has been completed; and the total damage estimate is $65 to $70 million. She stated about 10% of Barefoot Bay has been done; the estimate of that damage alone is $35 million; the County has increased the number of assessment teams in Barefoot Bay to seven; and she flew over Barefoot Bay yesterday in a helicopter, and estimated approximately 90% of the structures have been damaged in some way. She stated they expect to see damage escalate throughout the County as roofs remain unrepaired and rains come in and damage additional homes; so this is just the beginning of the damage assessment. Ms. Busacca stated she has information about drainage and flooding issues; Crane Creek did stage up; however, no finished floor flooded, which had been the case with Hurricane Erin; and the water began to recede within two hours. She stated in the Barefoot Bay area, roads were passable yesterday; Barefoot Circle Road was still receding; however, this morning it has been reported as dry; and part of the reason for the flooding was because outfall structures were partially blocked by debris such as insulation from homes. Ms. Busacca advised there was minor street flooding in Lamplighter Village, but the water has receded; and other areas in June Park and Police Foundation, where they saw street flooding, are also dry. She stated they still see some flooding in Valkaria along Micco and Valkaria Roads and a few other streets; the issue there is that Goat Creek was flowing at capacity, but because the water in the river had moved up, Goat Creek was having problems flowing; however, that water is also receding, Goat Creek is expected to continue to flow at capacity, and those areas will continue to drain. She stated Deer Run area staged up; they did see a one-foot drop within a 24-hour period and it continues to drop; the reason for the drop is the improvements the County made in the Deer Run area this summer; and by the end of today, they expect the water to be down. She stated they are not pumping in Deer Run because the Sottile Canal was at the same elevation as the water within Deer Run and there was no where to pump to; however, should the Sottile Canal water drop quicker than the area, they will begin pumping. She stated the San Sebastian River also staged up, but has dropped two feet since Sunday; so they expect to see that area continue to dry out. Mr. Jenkins advised there are other manufactured home communities other than Barefoot Bay that suffered extensive damage; and suggested Ms. Busacca comment on those. Ms. Busacca advised flying over the County yesterday, they saw several communities along U.S. 1 and SR A1A where there was significant mobile home damage; they have gone into all of those areas and are seeing about the same percentage of total destruction, somewhat less than 25%, but still very significant; and they observed very few of the homes directly along the beach were untouched. She stated they noticed everything from minor damage to significant damage in probably 95% of the homes directly on the beach. Mr. Jenkins inquired if the U.S. 1 bridge into Brevard County from Indian River County is still closed; with Ms. Busacca responding she does not know. Chair Higgs stated it is her understanding that it will be about a week before that bridge will be up. Ms. Busacca stated Mathers Bridge is closed for the time being, and Max Brewer Bridge is closed to truck traffic.

Mr. Jenkins advised Don Lusk will give the Board an overview about shelters and comfort stations.

Assistant County Manager Don Lusk advised the comfort stations, which are places that are put together in the community under the guidance of the Salvation Army with a lot of local assistance, will open in Brevard County from 9:00 a.m. to 6:00 p.m.; there will be six that will be open; the Micco station has relocated to Concordia Lutheran Church, and is open and running this morning; and the second station in South Brevard that was located at Publix is not open this morning because it is trying to figure out where to relocate. He stated he spoke to Bob Lay before the meeting and they are in discussions with cities as to the best place to relocate that station; they have to find a place which is welcomed from the shopping center perspective and property owner perspective; and they are working on that, so later today they will be able to announce the re-opening of that comfort station and where it will be. Mr. Lusk advised the third station is in Indialantic at 800 N. Miramar in the shopping center; and it is open and operating. He stated the fourth station is at Lori Wilson Park at 1500 N. Atlantic Avenue, Cocoa Beach, using the south entrance; it is open and operating this morning; and they will open the Melbourne Square Mall station as soon as the ice trucks get there and they get the staffing in place. Mr. Lusk advised the sixth comfort station will be in North Brevard; the exact location has not been determined yet; and they will announce that later today. He stated the comfort stations have come together with the guidance of the Salvation Army; they pull down the supplies, but the local folks put them together; and it is something they have not done before. He stated the first time was during Hurricane Frances; the second time was for Hurricane Jeanne; so it is a learning process of how the Salvation Army does those things and how they can put them together locally. He noted they will keep the Board updated on that information and get that out to the public through the press. Mr. Lusk advised there was one disaster recovery center opened for Hurricane Frances that will reopen this morning; it is at the Job Link at 5275 S. Babcock; those centers are where people can go to see a FEMA specialist about the different services and individual assistance; and they have everything from repair dollars to other kinds of housing assistance. He stated they will open a recovery center at Schechter Center in Satellite Beach; he does not have the address, but will announce it through the press later; and that would be the second disaster recovery center. He stated those who need FEMA assistance can call 1-800-621-FEMA; and that is where they can start right away even if they cannot get to a disaster recovery center. Mr. Lusk advised they still have two special needs shelters open; as of this morning there were 138 persons still in those shelters; they are at Bayside High School and Ralph Williams Elementary School; and it might be more of a challenge this time to discharge those people because many of them do not have a place to go to. He noted by this evening they should be down to under 100 persons and have some contingency plans for when the schools get ready to open to consolidate those individuals. He stated there are currently four Red Cross shelters open at Bayside High, Apollo Elementary, Melbourne High, and South Mainland Community Center; there are about 400 people throughout those four shelters; two things that were originally scheduled this week were put off because of Hurricane Jeanne; and one is the emergency food program, which has been delayed until October 4 through 9, 2004, from 8:00 a.m. to 5:00 p.m. He stated the program is designed for those who were made poor by the storm; and the guidelines and eligibility are quite high, but they do not have to do a lot of proof work. He stated it is one of the things they can get quick assistance to fill their refrigerators; they will be at the Brevard Community College campuses in Titusville, Cocoa, and Melbourne; and they will get that information to the Commission Offices and to the press. Mr. Lusk stated some time today they will meet with FEMA representatives and other local folks about temporary and long-term housing assistance; they have many more homes damaged this time, and are becoming more familiar with what FEMA has to offer; so they will meet with FEMA and try to come up with some plans along that line. He stated they will announce it to the Commissioners and public when they have that information available.

Mr. Jenkins stated in addition to meeting with Governor Bush, they met with Mike Brown, who is Director of FEMA, and Congressman Weldon; one other issue that came up was tarps; there is a tremendous need for tarps; they made that request to the federal and State governments and are awaiting shipment of tarps; and as soon as they arrive, they will make them available on a priority basis to where they are needed most. He stated Mr. Martens will give a brief overview on the debris removal.

Utility Services Director Richard Martens advised it is only a week ago that they met and the Board asked them for additional information on debris removal; they activated two contracts with emergency debris removal companies, one for North Brevard and one for South Brevard; and as of Tuesday, they mobilized 246 vehicles. He stated the Board asked for two things, increase the number of vehicles on the road to increase debris removal, and for a plan and schedule when the remaining areas would be cleared. He stated by Friday that count had gone to 316 vehicles; there had been an additional 70 vehicles brought in; those vehicles were provided by Crowder Gulf, the contractor in the south end; and they also asked the contractors for their plans and schedules. He stated Crowder Gulf informed him they expect to be finished with their first sweep of the vegetative debris removal in the south end by the end of this week; they lost a few days with Hurricane Jeanne, but they are progressing quite well and are ready to begin the non-vegetative debris removal; and that will be starting now. He stated the contractor for the north end of the County was still anticipating several weeks through October 15 to 17 for their first vegetative sweep; and based on that information and the success of Crowder Gulf, they are reassigning some of the areas previously assigned to Ashbritt to Crowder Gulf. He stated Crowder Gulf has committed to bring in, on top of the additional equipment it has brought in, more equipment to service the additional areas; and he will report on the next phase of the planning. Mr. Martens advised all the solid waste facilities opened for business as normal on Monday morning; that included Sarno Transfer Station, Sarno Landfill, Central Disposal Facility, Titusville Transfer Station, and Mockingbird Recycling Facility; they were open for both garbage disposal and debris; debris removal from two contractors resumed yesterday morning; and the only specific report he had is that Crowder Gulf, as of yesterday, had over 200 vehicles in the south end of the County. He stated Mr. Rodriguez told him there is a line at the facility waiting to be measured of new vehicles coming in; so they are continuing to see new vehicles mobilized in the County to help staff with this effort. He stated in addition to the Palm Bay Regional Park citizen drop-off site, they opened two more on Merritt Island, one at the old wastewater treatment plant on the corner of Fortenberry and Plumosa Road, and another at Kings Park off Chase Hammock Road; and citizens are welcome to take their vegetative debris only to those sites. He stated they will have equipment onsite to manage the sites and start mulching operations there as well. He stated Waste Management started normal garbage collection services yesterday, which was Monday, and that is normally only scheduled in the north end of the County; the south end of the County is a vegetative waste pickup day; that did not happen yesterday; but they told staff today all garbage, recycling, and yard waste should return to normal for Waste Management. He stated the Solid Waste facilities remain on a 7:00 a.m. to 7:00 p.m. schedule. Mr. Martens advised the Barefoot Bay Water System and the community have sustained considerable damage; the water treatment plant survived fine; the sewage treatment plant came through it fine; but with the damage to the homes there, the water demand is exceeding supply because many damaged homes have leaks in their plumbing. He stated their crews have been there since yesterday morning going door to door identifying houses where the supply plumbing is leaking and isolating those houses; at the current time the pressure is very low and they are in a marginal situation; and they requested people in Barefoot Bay to be considerate and use water only for necessary purposes. He stated they will get through this, but they have asked people to restrict using water outside for any wash downs or nonessential purposes. Mr. Martens advised on Saturday, the Policy Group procured the services of Post, Buckley, Schuh & Jernigan, Inc. (PBS&J), a firm experienced in disaster debris removal services, to assist the County with its ongoing problems and issues of debris management; PBS&J is currently providing similar services in Orange and Broward Counties and for the City of West Palm Beach; and as part of the process, he discussed their services with representatives from Brevard County and West Palm Beach and they have been very satisfied and pleased with the services. Mr. Martens stated they have already started to integrate their services into the debris management program and within a short number of days and certainly by the next Board meeting, PBS&J will be providing staff GIS-based progress and planning maps showing debris removal schedules in progress. He stated as he mentioned earlier, Crowder Gulf has been ramping up its equipment significantly and is starting this week, if not today then tomorrow, with the non-vegetative debris removal in the south end of the County. He stated it appears, and it is still very preliminary, that most of the new debris that is on the ground from Hurricane Jeanne is non-vegetative; his personal experience is that the piles of debris from Hurricane Frances that he has seen have stayed in place, as he did not see much of it blowing around at all; and there is a tremendous amount of non-vegetative debris, especially in the south end, that is going to become the focus of the debris removal program. He stated Crowder Gulf has already provided plans for finishing up the first sweep for vegetative debris and starting its second sweep of vegetative debris; Jeff Johnson, Project Manager with PBS&J is here if the Board wishes to speak to him or ask him any questions; they spent a lot of time with him yesterday; and the FEMA monitoring data collection and issues they had in place to make sure they maximize the reimbursement of FEMA will transfer smoothly into the PBS&J system. He stated they are looking forward to their experience in dealing with debris management contractors, scheduling, public service needs, and problems they have been running into.

Mr. Jenkins stated the additional bonus of having PBS&J on board is the customer service quality control follow-up to make sure neighborhoods are not being missed, streets are not missed, trying to provide projections on schedules, and those kinds of things; the Board can appreciate that trying to take that on plus doing normal duties in the Solid Waste Department was taxing and overwhelming; so bringing the outside firm to assist with the management of debris removal should facilitate that, particularly based on the experience of other communities in Florida that have used them in the past. He stated they have been in contact with Commissioner Colon; she did experience severe damage to her home and has no electricity or water; and she is at home trying to deal with the problems of her house. He stated she wanted to remind everybody that there are a lot of Brevardians who are distressed right now with major problems and they need to be mindful of that as they go through the regular business.

Commissioner Carlson stated the County has done a lot of drainage control work and a lot of stuff over the last few years in District 4; she is happy to say drainage looked very good; and if they had gotten more water, she does not know what would have happened in terms of the rain because she does not think they had as much rain as they all expected. She stated all the new things the County has done in the Aurora area and Wickham Park worked very well; they are at their peak; she does not know if a couple more inches would have broken them; but they did very well considering what the County thought years ago; so that is a huge benefit to the community. Commissioner Carlson inquired how long will Mathers Bridge be closed, as it is a premature closure because it has not been defined as yet. She inquired at what point will the Schechter Disaster Recovery Center be open; with Mr. Lusk responding that is supposed to be open tomorrow between 8:00 a.m. and 8:00 p.m., but he does not know the exact time.

Transportation Engineering Director John Denninghoff advised the assessment on Mathers Bridge has not been completed; it has some electrical and mechanical portions, which were submerged by the high water; and until they can get into those control panels they do not know how the bridge will operate. He stated they expect to get into those today and complete the assessment; it could be relatively simple and easy to repair and open the bridge up; and it is open to vehicular traffic, but not for boat traffic.

Mr. Jenkins advised in addition to the normal traffic engineering crews, they have two outside contractors that are assisting with restoration of traffic signals.

Mr. Denninghoff advised they have five contractor crews operating in addition to the County’s three crews; that is lower than they would like to have and lower than at peak with Hurricane Frances recovery efforts; however, the problem they ran into is most of the contractors that were doing the work are divided between Hurricane Ivan recovery efforts and Hurricanes Frances and Charley’s work that is still going on; now they have Hurricane Jeanne; and unfortunately, while they are working with that issue and hope to improve the situation, they anticipate more time to recover in the traffic signal repair area.

Mr. Jenkins stated that is one of the points Governor Bush made yesterday, that there has been so much damage throughout the State that everyone is doing their best but resources are stretched very thin in such areas as new temporary housing, getting tarps, and all those things. He stated there has been so much damage in so many locations it is extremely difficult to respond to all the needs as quickly as they would like to. Mr. Denninghoff stated the Department of Transportation mobilized 14 crews into the County for the traffic signal effort after Hurricane Frances; they are also having problems drawing from the Statewide resources; so they are all having the same problems.

Commissioner Pritchard advised he has some questions for Mr. Johnson from PBS&J. He stated he has family in several areas of the State and in Georgia; everyone has been affected by the storms; so it has been a devastating six to eight weeks in Florida. He stated when they talked last week about hiring PBS&J’s services, one of the concerns he had was the schedule for debris pickup; there have been several streets in neighborhoods where debris was picked up and other streets where nothing has been touched for weeks; and people are getting anxious. He stated now that they have not only vegetative debris, but also debris from fascia, siding, roofs, etc., they are becoming more anxious; and he would like to know what the plan is to ensure that the debris is picked up as timely as possible.

Jeff Johnson with Post, Buckley, Schuh & Jernigan, Inc., advised mapping is of utmost importance; and having current updated maps is key to keeping crews in line, as well as having a plan on those maps, making sure the field staff is aware of which areas they are going to next, having it in writing so they know when they finish an area where they go next, and disseminating that information. He stated one thing that is difficult to do is follow behind contractors and make sure they have cleaned everything; and County staff has done an incredible job with the resources they have been given, and in fact a lot of the systems they instituted with other projects, County staff has come up with on their own. Mr. Johnson stated he had a four and a half hour meeting with County staff yesterday and was very impressed with the way they are running the operation given the limited resources and the amount of trucks they have spread out throughout the State and Southeast. He stated one of the things they are going to do is get updated maps put together and figure out a logical schedule of progression that makes sense for the damage they are seeing, the communities, and some of the complaints they had; and they are going to put together a schedule of operation so everybody will be aware of where they are moving to next and how long it will take to get those areas cleaned up. He stated it is a game of resources; a lot of times they lose resources when other storms come through; they noticed in Orange County the day after Hurricane Ivan, they lost half their crews in a day as they got re-deployed to the area hit by Hurricane Ivan; but hopefully they will not experience any more storms. He stated one contract they are working with now has obliged them to put more trucks on the road; they will use them to their full capacity; and the County has already shifted their area to the north to reward them for their hard work and production. He stated hopefully the Board will see changes in the near future; and if nothing else, they will be able to show the Board the progress.

Commissioner Pritchard stated he thinks people are interested that there is a plan and it is working; so many neighborhoods have not seen the trucks; they have 316 trucks out there and more coming, yet many neighborhoods have not seen the first one; and it has been weeks. He stated frustration is growing and anxiety is there; one thing that needs to be encouraged is more neighborhood drop-off points so they do not have individual piles of trash killing lawns. He stated people are tending to use the cul-de-sacs and deposit a lot of debris in those areas so they are on the roadway where there is more room for the crews to come and perhaps more efficiently pick up the debris instead of making numerous stops. He stated if that is a worthwhile recommendation, then he would like to see Mr. Johnson make it and have it come through the management office and then be distributed to the public so they can most effectively pick up the debris and reduce some of the anxiety they have.

Mr. Johnson stated they have seen some folks taking it on themselves if they have a cul-de-sac or area within a neighborhood where they can pile the stuff; if they have a community park they will take it up and pile it along the right-of-way of the community park; and that works well also. He stated one thing they get into is sometimes the pile will extend onto private property and they cannot pick that up; it is a matter of getting out correct information to the public; and sometimes it causes drainage problems when folks take debris in the areas that are not normally meant for debris.

Commissioner Carlson stated some folks are not putting the debris on their lawns because some of the equipment that is being brought out is not the appropriate equipment to take it off; instead of the claw they use the shovel type equipment, which if that is all the equipment there is, she is not sure what they can do about that; but she knows folks are doing that in the neighborhoods she lives around and it is blocking the streets, which could be great for traffic calming, but they refuse to put it on their lawns because they will not have a lawn left. She stated that is a small whine in retrospect to all the things that are going on; she did have a question regarding priority areas though; and she received a map from Solid Waste Office that laid out what areas needed to be done first, based on criteria; and inquired if Mr. Johnson is going to use that information from Solid Waste and apply it to their GIS so that they have the same priority areas because a lot of folks who had debris that had not been picked up over time got inundated with water. She stated water will move debris into places they do not want it; and unfortunately, those folks ought to be on the priority list because they have to move it back down to the road or wherever it got relocated to. Mr. Johnson stated normally what they would do when they come into a situation like that is ask for priority areas layout so they know where to concentrate their efforts; and County staff has agreed to provide that for them so that is going to happen.

Commissioner Scarborough stated he does not have a question for Mr. Johnson, but is glad to see the County is utilizing all the resources available. He stated his question is for Mr. Jenkins or Mr. Knox; as far as the contracts go; he knows there is a lot of emergency power that shifts from the Board; and inquired would it be advisable for the Board to confirm or ratify the contracts that they entered into with the various consulting companies and such. County Attorney Scott Knox stated it would not hurt. Commissioner Scarborough requested a list of the contracts be brought back to the Board at the end of the meeting so it can do that. Mr. Knox stated he will work with Mr. Jenkins and Mr. Whitten to get that together. Commissioner Scarborough stated about $1.2 million was transferred over for matching FEMA funds; and inquired if there are any numbers yet for what they are going to do with FEMA. Mr. Jenkins stated no, they were at 100% reimbursement through yesterday so that will help dramatically; they were at 100% for the first 72 hours; but what was different about the last hurricane is that it dragged out for so long whereas this one came through quickly and they were able to do the 72 hours. He stated as of today they are at 87.5%. Commissioner Scarborough stated those are the things everybody expects the County to spend money for and get done; and he does not want anything to hold it up. He stated he and Mr. Martens talked about power outages; one of the things that has come to his attention is there are some people who may be on oxygen or have other health conditions; he does not know if that information is getting disseminated; but with electrical reconnections, he was advised Florida Power & Light Company tries to get most bang for their buck and go to the simple one or connect the whole grid. He stated if they have persons suffering, it would be nice to identify those people and get that into the system with Florida Power & Light Company also. He stated a lady on his street was suffering from cancer; she died without air conditioning and a generator running for her oxygen; and he would like to have those types of situations identified.

Chair Higgs stated there is the ability to assist people who need oxygen; that is what the special needs shelters are for; and they can feed that information in. She stated to the question about contracts, during the hours of the storm they tried to put contracts in place as quickly as they could to bring in resources; they made those decisions consistent with the policy of get it going as quickly as possible; but the recovery is going to be different. She stated what was inconvenient and uncomfortable is going to become a much more extreme problem for people; the focus has to be on the essentials; debris is a problem for a lot of people; the issues of food, water, and shelter are immediate needs, as well as life threatening in some cases and certainly impacts to health; so the focus will be on getting those. She stated they have in place a really good system that is going to move the debris out of the way; and those situations could be life threatening as well. She stated the County may not experience another storm, but it has a lot of things to move around, housing, electricity, and those things; people need to understand first things first; they have a good system in place to move those; and they did make those decisions to move that as quickly as possible.

Mr. Jenkins advised they deliberated as to whether or not they should have this meeting today; the Board has not had a regular meeting since August because September was consumed with budget hearings, so they felt they should go forward with this meeting. He stated he is not sure what conditions exist out there in terms of people whose homes were damaged or whatever affected their ability to get out; but they felt they need to have the meeting because they did not have one in a month.

Chair Higgs stated she concurs with that and felt the Board needed to be together to get the reports and there was some business that needed to take place.

Commissioner Carlson stated she received feedback regarding outside contractors wanting to know about how the County handles roofers who want to come in, are licensed, and want to start working on people’s roofs; and it was not in the reports. She inquired if there are specifics as to what they need to do and who they need to see if they want to come into the County; with Mr. Jenkins responding they can contact Contractors Licensing at 633-2058 for information. Commissioner Carlson inquired if they bring their documentation as far as licensing that they have, would they be given a temporary license or something like that; with Mr. Jenkins responding there were some provisions made for roofing, and that is why they need to call the contractors licensing office. He stated part of the dilemma is when outside contractors are brought into the community, they are not there six months from now when the roof may fail or something goes wrong, and they do not come back; it is not a simple process to allow outside contractors in because there is very little enforcement for faulty work; but for information, they can call the contractors licensing office. Commissioner Carlson stated other reports have come in regarding folks who are giving estimates that are supposed to be free because their advertising said it was free; and now they are saying it costs $200. She stated she is not sure how that works or how it is handled. Mr. Jenkins stated they should call the Contractors Licensing Office. Commissioner Carlson stated a radio station recommended calling the Attorney General and there was a 1-800 number, so maybe staff can find that and get it published.

Chair Higgs stated she wants to thank staff for its outstanding job, its dedication, and its competence through the first part of the storm. She stated she said the first part of the storm because the recovery is the harder part; but staff did an excellent job as did all the volunteers and people in the community.

REPORT, RE: FARMTON APPLICATION FOR WATER SERVICE TERRITORY

County Attorney Scott Knox advised some time ago the Board authorized his office to challenged the Farmton application for water service territory; it was an application for 54,000 acres of certificated territory in Volusia and Brevard Counties, 10,000 of which are in Brevard County; and the purpose of that application is to serve a hunt club consisting of 260 people. He stated the facilities involved were eight well sites, one of which is in Brevard County; and testimony presented at the hearing indicated 20 acres would be sufficient to support one well site in Brevard County, which is all they were applying for. He stated the applicant spent over $500,000 to get the eight well sites approved for 54,000 acres of certificated territory; and the Public Service Commission granted the request. He requested authorization to appeal to the First District Court of Appeals to see if there is something they can do to reverse the approval.

Commissioner Scarborough inquired if Volusia County is taking similar action; with Mr. Knox responding he can only assume, as it has fought vigorously to have it stopped. Commissioner Scarborough stated the Miami Corporation is much larger in Volusia than in Brevard County; there is an apparent design to have a massive development in South Volusia/North Brevard area; and this is a forerunner of that, which is interesting to watch.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the County Attorney to appeal to the First District Court of Appeals the Farmton application for water service territory. Motion carried and ordered unanimously.

REPORT, RE: EXPRESSION OF APPRECIATION

Commissioner Scarborough stated he wants to start with thanks that will be said many times but never enough; starting with Chair Nancy Higgs and all the people in the bunker and the employees; beyond that, the average citizen who had power and took in a neighbor who did not have power, or went over with a chainsaw and helped clean up the neighbor’s yard. He stated it brings out the best in people as well as tries our capacity to deal with the turmoil.

REPORT, RE: SPACEPORT COMMERCE PARK AUTHORITY MEMBERSHIP

Commissioner Scarborough advised he received a letter from Veronica Clifford who has property in Spaceport Commerce Park; and she made the point that as the developer moves out of ownership, it is typical the property owners begin to have a voice of how it evolves and what it will look like. He stated she provided two scenarios and has been in touch with Greg Lugar; and what he would like to do is to put it on the agenda to discuss her two options.

REPORT, RE: ITEMS REMOVED FROM CONSENT AGENDA

Commissioner Scarborough requested Items III.C.4, Approval of FY 2004-05 Temporary Loan to General Fund; and III.C.8, Extension of Contract for Sale and Purchase with Jen-Lee Developments, Inc. for parcel in Spaceport Commerce Park, be removed from the Consent Agenda.

REPORT, RE: GOVERNMENTAL INVOLVEMENT IN HURRICANE ISSUES

Chair Higgs advised Brevard County had beyond excellent to outstanding involvement by the State and federal governments, Congressmen, Governor Bush, the Adjutant General of the National Guard, the head of FEMA, Chief Financial Officer Gallagher, as well as the State Emergency Management Director. She stated it is her understanding they are going to be setting up a site in Indian River County, which is going to give Brevard County better access to the Emergency Management officials from the State; from all of those people she saw a commitment to help Brevard County; and the Board should be appreciative of that. She noted they all know where Brevard County is, and are being helpful; and to follow up on Commissioner Scarborough’s statement, now is the time for folks to show their commitment to each other, whether it is a religious or humanitarian effort. Chair Higgs stated each person can do the one-to-one kind of thing; instead of pouting and grumbling in line, smile, because grumbling will not make it better; and being able to be kind through the turmoil is important. She requested people help a neighbor and show their commitment to making Brevard County a better place to live and it; that was the message Governor Bush made yesterday; everyone will get through this and can make it better; and that is what the attitude has to be. Mr. Jenkins stated he mentioned that Congressman Weldon came by, but Congressman Feeney was also in the bunker; with Chair Higgs responding yes he was.

Commissioner Carlson stated she wants to repeat what Commissioner Scarborough stated in thanking Chair Higgs for her hard work and dedication; she felt more comfortable knowing Chair Higgs was there with her leadership; and although she did question some things, they were just a whine and not to be taken any way but that. She stated she knows Chair Higgs takes her job in stride when it comes to public service and did a great job; and thanked all the staff that assisted her in helping with some of the decisions that were not easy; but stated she was there for all the citizens.

Chair Higgs thanked the Commissioners for their expressions of appreciation; stated she knows there are things everybody does not agree with; but they will move forward using the most common sense and rational means they can and do the best they can. She stated the curfew expired this morning at 6:01 a.m.; the Board needs to consider that there are certain areas of the County where the curfew was needed; and they thought it was most effective to be Countywide; so they did that. She stated there were discussions during the day Sunday about what to do; they did the best job they could, made the decision, and moved forward; there are areas of the County that continue to be without power and have widespread damage; and the Board has to look at those, but there are also areas where people are back to work, businesses need to be up and running, and people need to be able to get to work because that is the critical part of things. She stated the Board has to weigh those needs; there will be some areas where it will have to do some things; but it will talk about that later today and balance those needs because the Countywide curfew has expired.

RESOLUTION, RE: PROCLAIMING 4-H WEEK

Chair Higgs read aloud a resolution proclaiming October 3 through 9, 2004, as 4-H Week in Brevard County.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming October 3 through 9, 2004 as 4-H Week in Brevard County, and encouraging all citizens to become more aware of this special program. Motion carried and ordered unanimously. (See page for Resolution No. 04-234.)

Chair Higgs presented the Resolution to a representative of the 4-H Program who stated one of the youth prepared a speech, but because of power or water issues she could not be here today; and she was going to bake a cake. She stated she is sorry they do not have a cake; but two young people were able to come since school was out. She stated they appreciate the Board’s support of the 4-H program; and without it they would not be able to carry on their programs and the children would not have a 4-H Week to celebrate.

RESOLUTION, RE: COMMENDING LARRY GRAVES

Commissioner Scarborough read aloud a resolution commending Larry Graves upon his retirement from the Brevard County School System.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution commending Larry Graves for his outstanding contributions to Brevard County and extending best wishes for good health and happiness during his retirement. Motion carried and ordered unanimously. (See page for Resolution No. 04-235.)

Commissioner Scarborough presented the Resolution to Mr. Graves who thanked the Board and Commissioner Scarborough for the Resolution; stated as administrator for 20 years, he had the opportunity to serve the Port St. John community; and every time there was a need that involved student safety, the Board came through immediately, which is greatly appreciated. Mr. Graves stated he would also like to thank former Superintendent Lloyd Soughers, Area Superintendent Betty McCallister, and his mentor Julia Bumgardner, who encouraged him to leave the classroom and pursue administration, which was very hard for him to do because he loves children. He stated he had a wonderful 32 years; Commissioner Scarborough has been an integral part of it; and as a citizen he appreciates the long-range planning and implementation of the County’s disaster plan. He stated he feels safe as a citizen in the County because of the work of the Board and the County staff.

RESOLUTION, RE: WELCOMING CONGRESSMAN KENDRICK MEEKS

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution welcoming Congressman Kendrick Meeks to Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 04-236.)

Commissioner Scarborough advised the County will be honored with the presence of Congressman Meeks at the North Brevard NAACP Banquet; and he will have the honor of presenting the Resolution to Congressman Meeks.

RESOLUTION, RE: PROCLAIMING DISABLED AMERICAN VETERANS FORGET-ME-NOT
MONTHS

Commissioner Pritchard read aloud a Resolution recognizing October and November 2004 as Disabled American Veterans Forget-Me-Not Months in Brevard County.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming October and November 2004 as Disabled American Veterans Forget-Me-Not Months in Brevard County, and urging the support of all citizens, businesses, and organizations in this worthy effort. Motion carried and ordered unanimously. (See page for Resolution No. 04-237.)

Commissioner Pritchard presented the Resolution to representatives of the Disabled American Veterans, who expressed appreciation and noted the proclamation says it all. Chair Higgs stated the Board looks forward to honoring its veterans.

REPORT, RE: ITEM REMOVED FROM CONSENT AGENDA

Chair Higgs requested Item III.A.18, Permission to Sell Portion of a Parcel at 1780 S. Banana River Drive, Merritt Island, as Srplus Property, be removed from the Consent Agenda.

CONTRACT AMENDMENT NO. 4 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION FOR STORAGE TANK SYSTEM COMPLIANCE VERIFICATION

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract Amendment No. 4 with Florida Department of Environmental Protection, for storage tank system compliance verification. Motion carried and ordered unanimously. (See page
for Amendment No. 4.)

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, RE: COLFAX LANDING
SUBDIVISION

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for Colfax Landing Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION AND CONTRACT WITH LENNAR HOMES, INC., RE: IMPROVEMENTS IN
HERITAGE ISLE, PHASE I

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution releasing Contract with Lennar Homes, Inc. for infrastructure improvements in Heritage Isle, Phase I, and execute new Contract for the final layer of asphalt. Motion carried and ordered unanimously. (See pages for Resolution No. 04-238 and Contract.)

RESOLUTION RELEASING CONTRACT WITH THE VIERA COMPANY, RE:
IMPROVEMENTS FOR TRAFFORD DRIVE EXTENSION

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution releasing the Contract with The Viera Company for infrastructure improvements for Trafford Drive Extension. Motion carried and ordered unanimously. (See page for Resolution No. 04-239.)

CONTRACT WITH THE VIERA COMPANY, RE: IMPROVEMENTS IN CAPRON TRACE,
PHASE 2

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with The Viera Company guaranteeing infrastructure improvements in Capron Trace, Phase 2. Motion carried and ordered unanimously. (See page for Contract.)

CONTRACT WITH THE VIERA COMPANY, RE: IMPROVEMENTS IN CAPRON TRACE,
PHASE 3

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with The Viera Company guaranteeing infrastructure improvements in Capron Trace, Phase 3. Motion carried and ordered unanimously. (See page for Contract.)

CONTRACT WITH GREGORY L. SCHMIDT, RE: CONSTRUCTION OF LABRADOR LANE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with Gregory L. Schmidt to construct a road in existing County right-of-way known as Labrador Lane under the Unpaved Road Code of Ordinance, Section 62-102. Motion carried and ordered unanimously. (See page for Contract.)

ACCEPT QUIT-CLAIM DEEDS FROM PROPERTY OWNERS, RE: ROAD IMPROVEMENTS
SOUTH OF GRISSOM ROAD IN CANAVERAL GROVES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept Quit-claim Deeds from abutting property owners for road improvements to a road right-of-way south of Grissom Road in Section 35 of Canaveral Groves by Steven Ray. Motion carried and ordered unanimously. (See pages for Deeds.)

BINDING DEVELOPMENT PLAN AGREEMENT WITH DONALD AND FRANCES BROWN,
CHARLES AND KATHERINE CRISAFULLI, GRACE HANCHEY, SARA QUEEN, JOSEPHINE SCHEUCH, AND E. G. AND JODI SMITH, RE: PROPERTY ON SOUTH
SIDE OF CHURCH ROAD, WEST OF SR 3

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Donald L. and Frances R. Brown, Charles S. and Katherine E. Crisafulli, M. Grace Hanchey, Sara Queen, Josephine Scheuch, and E. G. and Jodi M. Smith, setting forth conditions for development of property on the south side of Church Road, west of SR 3. Motion carried and ordered unanimously. (See page for Binding Development Plan Agreement.)

AGREEMENT WITH SCHOOL BOARD AND THE VIERA COMPANY, RE: EDUCATIONAL
FACILITIES IMPACT FEE CREDIT FOR SCHOOL SITES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Educational Facilities Impact Fee Credit/Redemption Agreement with School Board of Brevard County and The Viera Company, granting the Company credit for donation of school sites. Motion carried and ordered unanimously. (See page for Agreement.)

AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE:
BARRACUDA AVENUE STORMWATER PROJECT

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Grant Agreement (SH468 A A) with St. Johns River Water Management District for $15,180 to partially fund the Barracuda Avenue Stormwater Project. Motion carried and ordered unanimously. (See page for Agreement.)

RESOLUTION, RE: AUTHORIZING NO PARKING ON STREETS BETWEEN CERTAIN
HOURS SIGNS IN WINGATE ESTATES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution authorizing installation of no parking on streets between midnight and 7:00 a.m. signs in Wingate Estates Subdivision. Motion carried and ordered unanimously. (See page
for Resolution No. 04-240.)

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: SERVICE TO FACILITY AT
SOUTH MAINLAND SERVICE COMPLEX IN PALM BAY

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Easement to Florida Power & Light Company to provide service to the new South Mainland Service Complex in Palm Bay. Motion carried and ordered unanimously. (See page for Easement.)

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACTS, RE: DIRT ROAD
PAVING PROJECTS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to bid, award bid to lowest responsible bidders, and execute Contracts for paving of Seminole Street and Turnbull Road at an estimated cost of $115,000, as recommended by the District 1 Dirt Road Paving Committee. Motion carried and ordered unanimously. (See pages
for Contracts.)

AGREEMENT WITH THE VIERA COMPANY, RE: CONSTRUCTION OF RECLAIMED
WATER TRANSMISSION MAIN WITH EXTENSION OF STADIUM PARKWAY

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with The Viera Company to construct a reclaimed water transmission main concurrently with the extension of Stadium Parkway. Motion carried and ordered unanimously. (See page
for Agreement.)

AMENDMENT AND ASSIGNMENT WITH FORE GOLF ACQUISITION CORPORATION,
BAYTREE GOLF, LLC, AND SCRATCH GOLF, LLC, RE: RECLAIMED WATER FOR
BAYTREE NATIONAL GOLF LINKS GOLF COURSE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Amendment and Assignment with Fore Golf Acquisition Corporation, Baytree Golf, LLC, and Scratch Golf, LLC to provide reclaimed water for Baytree National Golf Links Golf Course. Motion carried and ordered unanimously. (See page for Amendment and Assignment.)

CHANGE ORDER NO. 1 TO EMERGENCY PURCHASE ORDER WITH CLOUD 9 SERVICES,
RE: EMERGENCY REPAIR OF RECLAIMED WATER MAIN AT INTERSECTION OF
WICKHAM AND INTERLACHEN ROADS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Change Order No. 1 to Emergency Purchase Order with Cloud 9 Services, for emergency repair of the reclaimed water main at Intersection of Wickham Road and Interlachen Road at $58,495.24, and authorize payment to Cloud 9 Services. Motion carried and ordered unanimously. (See page for Change Order No. 1.)

RESOLUTION, RE: AMENDING ANIMAL SERVICES AND ENFORCEMENT FINES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution amending Animal Services and Enforcement fines effective October 1, 2004, increasing fines for failure to vaccinate animal from $115 to $120; failure to obtain rabies vaccination certificate and animal license tag from $115 to $120; failure to properly secure animal from $50 to $55; animal at large from $50 to $55; animal causing injury from $215 to $220; and animal on public park or beach from $50 to $55. Motion carried and ordered unanimously. (See page
for Resolution No. 04-241.)

RESOLUTION, RE: AMENDING RESOLUTION NO. 02-066, CDBG ADVISORY BOARD

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution amending Resolution No. 02-066, establishing the CDBG Advisory Board, to remove the requirement that members be a resident of the neighborhood strategy area. Motion carried and ordered unanimously. (See page for Resolution No. 04-242.)

AGREEMENT WITH LEGAL AID, INC., RE: LEGAL SERVICES FOR INDIGENT RESIDENTS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Brevard County Legal Aid, Inc. to provide legal services for indigent residents from July 1, 2004 through September 30, 2005, and authorize the Chair to execute future amendments. Motion carried and ordered unanimously. (See page for Agreement.)

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE:
WEATHERIZATION/LOW INCOME HOME ENERGY ASSISTANCE PROGRAM

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Florida Department of Community Affairs for $50,076 to fund the Weatherization/Low-Income Home Energy Assistance Program; and authorize the Chair to execute future amendments. Motion carried and ordered unanimously. (See page for Agreement.)

RESOLUTION, RE: AMENDING RULES AND FEES FOR THE SAVANNAHS, THE
HABITAT, AND SPESSARD HOLLAND GOLF COURSES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution amending Resolution No. 02-312 establishing rules, fees, and charges for The Savannahs, The Habitat, and Spessard Holland Golf Courses effective December 1, 2004. Motion carried and ordered unanimously. (See page for Resolution No. 04-243.)

AGREEMENT TO RENEW AND AMEND EXISTING AGREEMENT WITH PROGRESSIVE
ACTION SOCIETY, INC., RE: USE OF GIBSON COMMUNITY CENTER

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement to Renew and Amend Existing Agreement with Progressive Action Society, Inc. for use of a portion of Gibson Community Center for its offices and meeting rooms, from September 24, 2004 through September 30, 2005, at $1 per year to maintain and manage the leased spaces for use by local community groups. Motion carried and ordered unanimously. (See page
for Agreement.)

AGREEMENTS TO AMEND EXISTING AGREEMENTS WITH ALZHEIMER’S ASSOCIATION,
INC. AND SPACE COAST CHAPTER OF NATIONAL TECHNICAL ASSOCIATION, INC.,
RE: USE OF GIBSON COMMUNITY CENTER

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreements to Amend Existing Agreements with the Brevard Alzheimer’s Association, Inc. and Space Coast Chapter of the National Technical Association, Inc. for use of Gibson Community Center from October 12, 2004 through October 12, 2005 at $30 per month for the Alzheimer’s Association and $1. a year for the National Technical Association. Motion carried and ordered unanimously. (See pages for Agreements.)

REIMBURSEMENT TO SCHOOL BOARD, RE: WATER AND SEWER CONSTRUCTION
COSTS FOR ATHLETIC FACILITY IMPROVEMENTS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to reimburse the School Board of Brevard County for water and sewer construction costs for athletic facility improvements at Stevenson, MILA, and Tropical Elementary Schools, and Jefferson Middle School at up to $265,000. Motion carried and ordered unanimously.

APPOINTMENT/REAPPOINTMENTS, RE: PUBLIC GOLF ADVISORY BOARD

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to reappoint Hal Neeley as an at-large member representing The Savannahs Golf Course, appoint Robert Thompson as at-large member replacing Robert Rodrigues representing The Savannahs Golf Course, and reappoint Frank Duncan and Doris Jones representing The Habitat Golf Course, to the Brevard County Public Golf Advisory Board. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING SCAT’S FARES FOR FIXED ROUTE AND PARATRANSIT
SERVICES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution revising the Space Coast Area Transit’s fare structure for fixed routes and paratransit services for one-way fares, passbook fares, and monthly pass fares. Motion carried and ordered unanimously. (See page for Resolution No. 04-244.)

RESOLUTION, RE: ADJUSTING PER DIEM AND MILEAGE REIMBURSEMENT RATES
FOR USE OF PERSONAL VEHICLES FOR OFFICIAL BUSINESS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution adjusting per diem rates and mileage reimbursement rate paid to County employees for travel expenses while on official County business and for use of personal vehicles for official County business at 35 cents per mile, and $6.00 for breakfast, $9.00 for lunch, and $15.00 for dinner accrued as a result of authorized travel. Motion carried and ordered unanimously. See page
for Resolution No. 04-245.)

ACCEPT BID AND EXECUTE CONTRACT WITH BAYSIDE LAKES DEVELOPMENT
CORPORATION, RE: PROPERTY AT SOUTH SERVICE COMPLEX

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept the high bid , for County Sale #04-07, Property at County Service Complex in Palm Bay, from Bayside Lakes Development Corporation at $183,500 for three acres; and authorize the Chair to execute the Contract for Sale and Purchase and all closing documents. Motion carried and ordered unanimously. (See page for Contract.)

AWARD OF PROPOSALS #P-3-04-28 AND #P-3-04-27 AND CONTRACTS, RE: TOURISM
WEBSITE DEVELOPMENT AND MAINTENANCE SERVICES, AND PUBLIC AND MEDIA
RELATIONS AND/OR ADVERTISING SERVICES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to award Proposal #P-3-04-28, Tourism Website Development and Maintenance Services, and Proposal #P-3-04-27, Public and Media Relations and/or Advertising Services for the Tourist Development Office, to The Zimmerman Group; authorize the TDC Chairman Anselmo Baldonado, Assistant County Manager Stockton Whitten, Assistant County Attorney Barbara Amman, and TDC Executive Director Rob Varley to negotiate contract costs and expenses, and pursue negotiations of a Contract term up to five years to obtain best pricing; and authorize the Chair to execute the negotiated Contracts. Motion carried and ordered unanimously. (See pages
for Contracts.)

ACKNOWLEDGE RECEIPT, RE: BUDGET AND FINANCIAL EXCEPTION REPORT FOR
THIRD QUARTER ENDED JUNE 30, 2004

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge receipt of the Budget and Financial Exception Report for the third quarter that ended June 30, 2004. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: SEBASTIAN INLET TAX DISTRICT ANNUAL
FINANCIAL REPORT FOR FY ENDED SEPTEMBER 30, 2003 AND
PROPOSED MEETING SCHEDULE FOR JUNE THROUGH DECEMBER 2004

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge receipt of the Sebastian Inlet Tax District Annual Financial Report for fiscal year that ended September 30, 2003, and the proposed meeting schedule for June through December 2004. Motion carried and ordered unanimously.

APPROVAL, RE: TDC REVISED 2005 CATEGORY A, PROMOTION AND ADVERTISING
GRANT PROGRAM HANDBOOK

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the TDC revised 2005 Category A, Promotion and Advertising Grant Program Handbook as recommended by the TDC and Marketing Committee. Motion carried and ordered unanimously.

APPROVAL, RE: FY 2004-05 CULTURAL EVENTS MATCHING GRANTS FROM TDC
CULTURAL EVENTS CATEGORY

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Fiscal Year 2004-05 Cultural Events Matching Grants from the Tourist Development Council Cultural Events Category at $8,360 for E.A.R.T.H. Awareness Jazz and Blues Festival, $8,360 for Henegar Center Event Marketing, $8,360 for Brevard Museum of Art and Science Event Marketing, $7,524 for Melbourne Art Festival, $9,405 for Brevard Natural Alliance Birding and Wildlife Festival, $6,270 for Florida Institute of Technology/WFIT Radio Cocoa Beach Jazz Festival, $8,360 for Space Coast Art Festival, and $8,3690 for Valiant Air Command TICO Warbird Air Show. Motion carried and ordered unanimously.

APPROVAL, RE: FY 2004-05 OPEN PURCHASE ORDER WITH BREVARD CULTURAL
ALLIANCE FOR EXPENDITURES OF TDC CULTURAL EVENTS FUND

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve an open purchase order with the Brevard Cultural Alliance in the amount of $195,288 for FY 2004-05 cultural events. Motion carried and ordered unanimously.

ACCEPT PROPOSAL AND AUTHORIZE EXECUTION OF SETTLEMENT AGREEMENT,
RE: BREVARD COUNTY v. BUTLER ET AL (SHORE PROTECTION PROJECT)

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept the partial cost proposal submitted by four property owners in Brevard County v. Butler et al (Shore Protection Project); and authorize the County Attorney to execute a Settlement Agreement for the value of four easements with Richard and Irene Jones, Melinda Millsap, James and Carole Pope, and Lilia Cordones, Trustee. Motion carried and ordered unanimously. (See page
for Agreement.)

WRITTEN NOTIFICATION OF CONTRACT RENEWAL WITH WUESTHOFF REFERENCE
LABORATORY, RE: TOXICOLOGY/HISTOLOGY SERVICES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Written Notification of Contract Renewal with Wuesthoff Reference Laboratory to provide toxicology/histology services for the Medical Examiner’s Office at approximate cost of $115,000 for FY 2004-05. Motion carried and ordered unanimously. (See page for Notification.)

AMENDMENT TO AGREEMENT WITH COASTAL HEALTH SYSTEMS OF BREVARD, INC.,
RE: TRANSPORTATION SERVICES FOR MARCHMAN/BAKER ACT PATIENTS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Amendment to Agreement with Coastal Health Systems of Brevard, Inc. extending the Agreement for 90 days to provide transportation services for Marchman/Baker Act patients at $22,284.25 per month. Motion carried and ordered unanimously. (See page for Amendment.)

RENEWAL OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY WITH
AGENCIES AND MUNICIPALITIES, RE: ALS AND BLS SERVICES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve renewal of Certificates of Public Convenience and Necessity with Brevard County Fire Rescue for ALS and BLS, Cape Canaveral Volunteer Fire Department for ALS, Coastal Health Systems of Brevard, Inc. for ALS and BLS, Kennedy Space Center for ALS and BLS, City of Palm Bay for ALS, Health First Holmes Regional Medical Center First Flight for ALS, City of Titusville for ALS, City of Cocoa Beach for ALS, City of Melbourne for ALS, City of Satellite Beach for ALS, Town of Indialantic for ALS, and City of Rockledge for ALS. Motion carried and ordered unanimously. (See pages for Certificates.)

APPOINTMENTS/REAPPOINTMENTS, RE; CITIZEN ADVISORY BOARDS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint and/or reappoint Joseph N. Hale to the Melbourne-Tillman Water Control District Board with term expiring September 30, 2007; and Joan Lewis to the Parks and Recreation South Service Sector Area Advisory Board with term expiring December 31, 2004. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the bills and Budget Change Request as submitted. Motion carried and ordered unanimously. (See pages for List of Bills and Budget Change Request.)

PUBLIC HEARING, RE: RESOLUTION VACATING INGRESS AND EGRESS EASEMENT
IN SECTION 1, TOWNSHIP 21S., RANGE 34E. - CREECH ENGINEERS, INC.

Chair Higgs called for the public hearing to consider a resolution vacating an ingress and egress easement in Section 1, Township 21S., Range 34E., as petitioned by Creech Engineers, Inc.

Transportation Engineering Director John Denninghoff advised many of the petitioners for vacatings have requested continuations.

Chair Higgs stated she understands that and the Board needs to be sensitive because there may not be some people present; so it has to be careful not to allow something to pass that perhaps needs discussion where people could not be here.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to continue the public hearing on a resolution vacating ingress and egress easement in Section 1, Township 21S., Range 34E., as petitioned by Creech Engineers, Inc. to October 12, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY (OLD DIXIE HIGHWAY)
- GEN DEVELOPMENT, INC.

Chair Higgs called for the public hearing to consider a resolution vacating a right-of-way (Old Dixie Highway), as petitioned by Gen Development, Inc.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to continue the public hearing on a resolution vacating a right-of-way (Old Dixie Highway), as petitioned by Gen Development, Inc. to October 26, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN JENKINS ACRES
SUBDIVISION - HARRY AND HISAKO CLARK

Chair Higgs called for the public hearing to consider a resolution vacating a right-of-way in Jenkins Acres Subdivision, as petitioned by Harry and Hisako Clark.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to continue the public hearing on a resolution vacating a right-of-way in Jenkins Acres Subdivision, as petitioned by Harry and Hisako Clark until October 26, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING CANAL IN GATEWAY SUBDIVISION,
UNIT NO. 1 - MICHAEL S. MINOT (JACK D. HURT)

Chair Higgs called for the public hearing to consider a resolution vacating a canal in Gateway Subdivision, Unit No. 1, as petitioned by Michael S. Minot, representing Jack D. Hurt.

Transportation Engineering Director John Denninghoff advised he did not receive a request for continuance; he does not see the petitioner’s representative here or the petitioner; and there are objections to the vacating request.

Chair Higgs advised she has a card from Mike Minot. Commissioner Pritchard stated he was here. Chair Higgs advised the Board will continue and come back to the item.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT 2, PART 10 - WAYNE CHAPPLE, AND WALLACE AND
DONNA WIGHT

Chair Higgs called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10, as petitioned by Wayne K. Chapple, and Wallace G. and Donna G. Wight. Chair Higgs advised there were some objections to this item.

Transportation Engineering Director John Denninghoff advised the petitioners requested continuation to October 12, 2004; there have been a number of issues staff has been working on.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing on a resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10, as petitioned by Wayne K. Chapple, and Wallace G. and Donna G. Wight, until October 12, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING UTILITY EASEMENT IN GRANDE BAY,
AND ACCEPTANCE OF REPLACEMENT EASEMENT - ELMER F. SEALING

Chair Higgs called for the public hearing to consider a resolution vacating a utility easement in Grande Bay, as petitioned by Elmer F. Sealing, and to accept a replacement easement.

Transportation Engineering Director John Denninghoff advised of a request to continue the hearing to October 12, 2004

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing on a resolution vacating a utility easement in Grande Bay, as petitioned by Elmer F. Sealing, and acceptance of a replacement easement, until October 12, 2004. Motion carried and ordered unanimously.

Chair Higgs asked Attorney Michael Minot to come forward on the resolution vacating a canal in Gateway Subdivision, Unit No. 1.

Attorney Michael Minot, representing Jack D. Hurt, advised the property is located on Merritt Island adjacent to Newfound Harbor Drive; it is a small piece of right-of-way, which was dedicated to the County many years ago; and as far as he can tell, in his research, there has never been a use of the property by the public or by the County. He stated it was dedicated as a result of a developer who anticipated being able to dig a canal from Newfound Harbor Drive west out into Newfound Harbor; that never occurred; the small amount of canal that was dug is immediately adjacent to Newfound Harbor Drive; and it created a sheer drop right off the right-of-way. He stated it was about 15 to 20 feet deep going a distance of approximately 200 feet to the west; the canal was subsequently filled in at the request of the County; and he was not present at the time the item came up earlier because he was seeking copies of correspondence, as his office is without electricity so he was unable to make copies for the Commissioners. He presented copies of documents to the Board but not the Clerk. Mr. Minot advised the letter from the County Transportation Department dated June 7, 1989 is addressed to his client Mr. Hurt; and Mr. Hurt owns the property immediately adjacent to the south and to the west of the property, hence his application for the vacation of the right-of-way. He stated the correspondence suggests that due to the safety hazard of the steep slope, if Mr. Hurt were to obtain the proper permits, which he did, costing him approximately $5,000 to $7,000, it was requested by the County that fill be brought in to take care of the canal situation, which was an inherently dangerous condition and attractive nuisance to young children. He stated Mr. Hurt did that, and the property has been filled in for many years and has just been sitting there; the County leased the property to Mr. Hurt, who uses it as a driveway to his residence to the west; and the property has never been used for a public purpose since it was dedicated to the public. He stated Mr. Hurt is requesting, as a result of there being a lack of public purpose, that there be a vacation of the right-of-way.

Commissioner Pritchard stated it is his understanding that Mr. Hurt filled in the canal at his expense, providing the earth necessary to bring it up to grade; and the objections say it is a valuable piece of property and the Board may wish to consider alternative methods of disposal. He stated it would not be property if Mr. Hurt did not fill it in. Mr. Minot stated he agrees with that and in fact the cost to Mr. Hurt in addition to the permit cost was $30,000 for clean fill; it had to be a certain kind of fill pursuant to the permits that were required; so Mr. Hurt complied with the requirement and the request of the County pursuant to the correspondence he just provided to the Board, and his expense was about $40,000. He stated it says canal on the plat, but it was a small bit of water that went nowhere; it was 200 feet to the west of Newfound Harbor; and it was not continued because the development never went in; and the developer just left it in that condition. Commissioner Pritchard stated the point he is working on is that it was a hole, it was steep, it was dangerous, and Mr. Hurt, at his expense, filled it in; the County leased it back to Mr. Hurt; and now it is considering charging him for what he did at his expense, and he has a problem with that part. He stated there were other objections, but he understands Mr. Minot is in the process of trying to resolve those issues from Land Development, Land Acquisition, BellSouth, etc., as noted in the Agenda Report. Mr. Minot stated the person from Land Development who rendered the objection is Mr. Cameron; Mr. Cameron indicated all departments are given the petition and asked to comment whether the comment is based on what their Departments are involved in or not; they just make comments; and Mr. Cameron said it is a sizable enough piece of property that may warrant the County consider selling it rather than vacating it. Mr. Minot stated Mr. Cameron conceded to him that it had nothing to do with the Land Development Department; he was just making an observation; and he is not aware of a method whereby a local government can sell a right-of-way as opposed to the County owning a piece of property with fee simple title. He stated in this case it is a dedicated right-of-way; and it is his understanding the local government only has the option of vacating it to whoever is going to own it at that point by operation of law once it finds there is no public purpose in keeping the right-of-way. He stated he and Mr. Cameron discussed that and he said that is something Mr. Knox would know about. Commissioner Pritchard stated he wanted to bring to the Board’s attention that it was at Mr. Hurt’s expense that it was filled in and what was listed as a safety hazard in the letter from Mr. Najda was remedied; and it would be inappropriate for the Board to sell the property to Mr. Hurt because if it was not for him at his expense, it would not even be property.

Mr. Minot stated Commissioner Pritchard mentioned BellSouth and working on the issues; the objections were based on futuristic use; and all the objections were similar to that. He stated there has never been, in the decades it has been a right-of-way, a need for a public right-of-way; and in the event the property to the west is in need of a right-of-way for Florida Power & Light Company, BellSouth, and the different utilities if it is developed, easements for purposes of getting utilities back there will be required.

Attorney Victor Watson, representing Kimberly Knight, advised Ms. Knight owns approximately four lots to the north of the subject canal; his client has been involved in a boundary line dispute with Mr. Hurt for over four years; and she and most of her neighbors up and down Newfound Harbor Drive bought their properties in 1977 when lots were split out by the developers who could no longer proceed with their development. He stated they did not obtain permits; however, at that point, they had dug the canal; it went approximately 200 feet back; they also dug out into the Indian River; and there was a channel dug, but he is not sure of the status of that now or how much it is filled in. He stated they dug a channel, so there was an intent to connect the canal; and there was some work done to carry that out. He stated his clients have owned their properties since 1977 and have paid taxes on those properties the entire time; there is a peninsula to the back of the area to the west; and they have been paying taxes on all of that property. He stated in 1987, ten years later, Mr. Hurt entered into a contract; the property was originally going to be donated to the Boy Scouts; Mr. Hurt entered into a contract for $10,000 to purchase something; and Mr. Hurt said he does not have the contract now and it is not complete and so on and so forth. He stated it has all been involved in litigation that has been going on all this time; in 2000, Mr. Hurt got involved with the Property Appraiser’s office; his client was involved with the Property Appraiser’s office; the Property Appraiser said Mr. Hurt does not own anything back there, and only has a very small piece of property, and he does not know what he is claiming; so Mr. Hurt obtained what was supposed to be a corrective Quitclaim Deed to correct what he perceived as a title defect. He stated based on the legal description contained within the Quitclaim Deed, Mr. Hurt then claimed ownership of his clients’ backyards basically up to their back doors; according to Mr. Hurt’s theory of ownership, he also owns several other backyards, properties people have been paying taxes on for over 25 years; and according to his interpretation, he owns two entire houses with pools and everything else that has been built for many, many years. Mr. Watson stated there are a lot of problems with Mr. Hurt’s theory of ownership and his reading of his own legal description; the main problem is that the point of beginning in his legal description is not clearly defined; Mr. Hurt’s theory is that they have to look back at the natural boundary line and follow it around the mean high water line; he has re-interpreted the way that the mean high water line is calculated in the Indian River Lagoon System; and they have gone from looking at it as being tidally influenced to not tidally influenced. He stated the State has acknowledged it, but basically the point of beginning of his legal description and the point of termination of his legal description are approximately 60 to 70 feet apart. He stated the legal description for the property that Mr. Hurt claims title to where his house is located does not close; the title to that area by Mr. Hurt’s own efforts, leaves them not knowing what he owns back there any more; all his property may be owned by the State of Florida; and if that is the case, then the canal may lead out to sovereign waters or State-owned property. Mr. Watson stated it may be possible to connect the canal to sovereign lands; it may be possible to condemn a small portion of the property and have access to Newfound Harbor; and since the canal was there, there were roads and all kinds of things there when Mr. Hurt bought the property; and there may be implied easements, which give access. He stated the property may also be helpful for stormwater control; it is a valuable piece of property; there is no reason why the County should give it away; and what he would like to submit to the County are three things: (1) Mr. Hurt’s boundary and mean high water survey, which is nine pages, and shows the area where the house is; (2) the unrecorded plat by which the various lots were split out, which shows that all the lots up and down Newfound Harbor Dive were numbered; and (3) the 1977 Property Appraiser’s map, which shows the canal is connected to another body of water, which was in effect at the time Mr. Hurt bought the property. He presented the documents to the Board, but not the Clerk. He stated it would be appropriate to investigate the matter further before giving the valuable property away.

Commissioner Pritchard stated it is most interesting that even though they call it canal it has dirt in it; and the dirt was put in it because of the letter from Mr. Najda. He read the letter that was sent in by Mr. Watson, which said, “the platted canal is a valuable asset to the County”; and stated it might be platted as a canal, but it is not a canal. He noted the letter says, “Mr. Hurt himself filled in the canal”; and stated he did that based on the engineering report. He stated the letter says, “the only person being benefited would be Jack Hurt, who would gain valuable property at no cost to himself”; and stated Mr. Hurt has $40,000 invested in the property. Mr. Watson stated Mr. Hurt bought something for $10,000; he is claiming that he owns everybody’s property up and down Newfound Harbor Drive; and the other areas where his house is located, he paid $10,000 for that, wherever the boundary line is. He stated Mr. Hurt had to do some fill work; and he now has it on the market for $1.6 million. Commissioner Pritchard stated he understands all that and the issue of sovereign lands; he has been introduced to that issue; it is a most interesting argument; and where it is going to fall he does not know; but the only thing he is trying to deal with today is the canal that is not there and the dirt that was put in and the investment Mr. Hurt has put in. He stated he does not see where it is a benefit to the neighborhood; and it says in Mr. Najda’s memo that it provides no biological eco-system or stormwater retention and is, in fact, a safety hazard. Commissioner Pritchard stated he is dealing with a 1989 letter from the County’s Project Manager at that time; and inquired, realizing the amount of money Mr. Hurt has put into it, other issues not withstanding, just dealing with that issue, why would it not be in the interest of the County to give Mr. Hurt what he has paid for and how would that be a detriment. He stated he has been on the Dredging Committee and knows the permitting that is required; and to think that this is going to be excavated and the canal run out is beyond wishful thinking. He stated every save the club would be there opposing it as well as the Corps, Department of Environmental Protection, and every other alphabetical agency one can think of because it would not be maintenance dredging to get from one point to the next, hopping over the filled in canal that no longer exists. He stated what he does not understand is the objection that the neighborhood is having and whether it is more personal than it is reasonable. Mr. Watson stated the objection is that in the letter Commissioner Pritchard saw, he does not think the County said if Mr. Hurt fills it, the County would give it to him; it said if he wanted to fill it, he could; Mr. Hurt saw that as a benefit to himself and he did it; and now he uses it as a driveway, but has another access he can use. He stated Mr. Hurt was happy to do it; he did not negotiate a purchase of the property; there is no reason why the County should give it to him; there may be future uses; and if Newfound Harbor starts flooding, it may be very usable as a water retention area. Commissioner Pritchard stated none of that is said in Mr. Najda’s letter; it is said in Mr. Watson’s letter as a rebuttal; it could be a helicopter landing pad too, or who knows what else; there are a lot of things it could be; but it says in Mr. Najda’s letter that, “we also acknowledge that you are to fill the hole at your expense and suggest that you fill the hole as soon as possible.” He stated there was a working relationship; it is not appropriate to ask somebody to do something because it is a hazard and then back out of it; and have him incur an expense of $40,000, then say now the County will sell it to you. Mr. Watson stated Mr. Hurt did not negotiate a purchase of the property; he said he would like to fill it in and requested the County let him; and the County said fine, he could fill it in as it is a safety hazard; and thanked him for stopping the safety hazard. He stated in the future it may be used for other matters, which will help stop other safety hazards; and it does not say anywhere that he is able to own the property. Commissioner Pritchard stated it does not say that, but it thanks him for filling in what was a hazard. Chair Higgs stated it actually does not say thank you anywhere that she can see.

Commissioner Carlson advised Attorney Watson mentioned something about a real estate transaction at some point for $1.6 million or something like that; and inquired what was he saying; with Mr. Watson responding Mr. Hurt has approximately two acres for sale advertised at $1.65 million and it does not include this piece of property; that is an area, which he says he paid $10,000 for; and now he is selling if for $1.65 million. Mr. Watson stated if Mr. Hurt filled in an area that was not nice, leased it back, and it added value to the property he already had, that value of his fill should not have to be fee simple ownership. Commissioner Carlson inquired if the property Mr. Hurt has for sale has an implications to the person Mr. Watson is representing in terms of the boundary dispute; with Mr. Watson responding yes, because what Mr. Hurt has done is show that he may not own that property and the State of Florida may own the property.

Commissioner Carlson stated she has some trepidation in terms of doing anything with this item until that issue is settled.

Commissioner Pritchard stated because of that issue and because it is unbelievably complicated as to where the property actually lies, Mr. Hurt might have a real problem in trying to sell it; and someone who would pay $1.6 million would want specific clarification as to where the property boundaries lie. He stated Mr. Hurt has a beautiful area that he has developed; but the issue of ownership is going to become most interesting as it winds its way through the courts as soon as somebody comes in and wants to buy it. He stated he agrees with Commissioner Carlson’s point about vacating the land at this point being premature; Mr. Hurt has a vested interest in the property because of what he has done to mitigate a hazardous situation; but there are so many issues involved with it, that he does not see how the Board can take action that would be appropriate on the parcel until some of the other issues are resolved.

Commissioner Scarborough stated the word easement is used; and inquired if it is something other than an easement. He stated it refers to a canal in quotes; it refers to Plat Book 17, Page 134; and he would like to look at that. He stated his concern is if in fact it is a canal and the canal ceases to have any relevance or existence, is it a canal. He stated if he had a utility easement, he cannot say it is an ingress and egress easement; it is a utility easement; so the Board needs a better definition of what is there. He inquired if in fact it goes to other issues beyond just a vacation, are there things going on; in other words, in the letter from the County, did the Board in some way abrogate its rights or is there any standing. County Attorney Scott Knox advised as he understands it, the only issue here is whether or not the Board wants to vacate it; and that is a completely discretionary matter. Commissioner Scarborough stated if he could look at that particular item, it would help him; and he also, like everybody else, would like more time to ponder the issues.

Chair Higgs stated the Board wants more time; she does not see anything in the 1989 letter that would vest Mr. Hurt; she understands he did some things that were in his interest; but in terms of vesting anything, she does not see that at all.

Commissioner Scarborough stated it is in the public records so he will be able to look at it and talk to Mr. Knox and to anyone who wants to call him and get some information; so he would be prepared to move forward in a few weeks. Chair Higgs inquired if the Board wants to continue the public hearing; with Commissioner Pritchard responding he would opt for that; there is more information; he hates to keep calling it a canal even though it is shown as a canal because it is full of dirt and is not a canal; and if anyone drove by it, they would notice it is full of dirt. Commissioner Scarborough stated if a utility easement is recorded in a platted subdivision and the subdivision is built out over a long period of time, just because at one point it does not have utility lines in it, does not mean it does not have a utilitarian value to the lots that were platted. He stated the questions are, is it strictly a canal; is it strictly an easement; is it in some way ceasing to have any need; and there may no longer be a need for utilities, but do they need the canal there; with Commissioner Pritchard responding there is no canal. Commissioner Scarborough stated he understands that. Commissioner Pritchard stated it would now run through property Mr. Hurt is claiming is his and his home is built on; it is a very large home on a significant amount of property; there are no lots to the west; and perhaps seeing an aerial photo of property would give a better perspective. He stated there is nothing to be built beyond what is owned or allegedly owned by anyone other than Mr. Hurt; and that is the issue of the sovereign lands and the high water mark.

Chair Higgs advised obviously the Board will not be taking action today; and inquired if there is a motion to continue the public hearing.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to continue the public hearing to consider a resolution vacating a canal in Gateway Subdivision, Unit No. 1, as petitioned by Michael S. Minot, representing Jack D. Hurt until November 9, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING ALLEY IN CRYSTAL LAKES
SUBDIVISION - FRANK AND SUSAN PANARINO, AND LISA AND CARMELO PULEIO

Chair Higgs called for the public hearing to consider a resolution vacating an alley in Crystal Lakes Subdivision, as petitioned by Frank and Susan Panarino, and Lisa and Carmelo Pueleio.

Transportation Engineering Director John Denninghoff advised there has been an objection; Land Development group expressed a view that if the County vacates the alley in a piecemeal fashion, it would create hiatuses of County-owned property that are isolated and have no access; and if the Board is disposed to vacate any of it, that it pursue vacating all of it.

Chair Higgs stated she agrees that staff needs to contact all the property owners and see what they want to do. She stated they also need to be sure there are no drainage issues that could be improved by the use of that alley; so she would like to see the public hearing continued to November 9 as well to work out all the issues.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to continue the public hearing on a resolution vacating an alley in Crystal Lakes Subdivision, as petitioned by Frank and Susan Panarino, and Lisa and Carmelo Puleio until November 9, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE DITCH RIGHT-OF-WAY IN
SECTION 25, TOWNSHIP 26S., RANGE 36E. - PINEDA CROSSING CORPORATION

Chair Higgs called for the public hearing to consider a resolution vacating a drainage ditch right-of-way in Section 25, Township 26S., Range 36E., as petitioned by Pineda Crossing Corporation, and to accept an easement.

Transportation Engineering Director John Denninghoff requested the public hearing be continued to October 12, 2004, due to re-advertising caused by substantial revisions in the legal description.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to continue the public hearing on a resolution vacating a drainage ditch right-of-way in Section 25, Township 26S., Range 36E., as petitioned by Pineda Crossing Corporation until October 12, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF RIGHT-OF-WAY
(SOUTH TROPICAL TRAIL) - DONNA MACFADYEN, POA CLARENCE E. STONE

Chair Higgs called for the public hearing to consider a resolution vacating a portion of South Tropical Trail, as petitioned by Donna MacFadyen, POA Clarence E. Stone.

Transportation Engineering Director John Denninghoff advised of a request to continue the public hearing to October 26, 2004.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to continue the public hearing on a resolution vacating a portion of South Tropical Trail, as petitioned by Donna MacFadyen, POA Clarence E. Stone, until October 26, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING CAPE VIEW LANE - PAMELA S.
DEFOE

Chair Higgs called for the public hearing to consider a resolution vacating a right-of-way (Cape View Lane) in Section 19, Township 26S., Range 37E., as petitioned by Pamela S. Defoe.

Transportation Engineering Director John Denninghoff advised of a request to continue the public hearing to October 26, 2004.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to continue the public hearing on a resolution vacating Cape View Lane, as petitioned by Pamela S. Defoe until October 26, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION APPROVING FOURTH QUARTER SUPPLEMENTAL
BUDGET FOR FY 2003-04

Chair Higgs called for the public hearing to consider a resolution approving the fourth quarter supplemental budget for FY 2003-04.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution approving the fourth quarter supplemental budget for FY 2003-04, and authorize the County Manager or his designee to approve the required budget changes. Motion carried and ordered unanimously. (See page
for Resolution No. 04-246.)

PUBLIC HEARING, RE: TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT
2004-C, FUTURE LAND USE CHANGE FOR THE GREAT OUTDOORS DRI

Chair Higgs called for the public hearing to consider the transmittal of Comprehensive Plan amendment 2004-C, Future Land Use change for The Great Outdoors DRI.

County Manager Tom Jenkins advised the amendment needs to go to the LPA, which canceled its last meeting due to the hurricane; and requested the item be continued to October 12, 2004.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to continue the public hearing to consider transmittal of Comprehensive Plan Amendment 2004-C, Future Land Use change for The Great Outdoors DRI until October 12, 2004. Motion carried and ordered unanimously.

REQUEST FOR PAYMENT OF COSTS, RE: COURTNEY ROBERTS

Commissioner Pritchard advised Mr. Roberts requested the Board accept County Attorney Scott Knox’s recommendation of payment in the amount of $30,535.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve payment to Courtney Roberts of $30,535. Motion carried and ordered unanimously.

INFRASTRUCTURE REIMBURSEMENT AGREEMENT WITH ATLANTIC BUSINESS
SYSTEMS, RE: PRO RATA REIMBURSEMENT OF CONSTRUCTION COSTS FOR
SANITARY SEWER FORCE MAIN

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Infrastructure Reimbursement Agreement with Atlantic Business Systems for the pro rata reimbursement construction costs for approximately 1,250 feet of sanitary sewer force main at $66,700. Motion carried and ordered unanimously. (See page for Agreement.)

ACCEPT EASEMENT AND WAIVE PHASE I ENVIRONMENTAL ASSESSMENT, RE:
OPERATION AND MAINTENANCE OF GRAVITY SEWER SYSTEM

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to accept Easement from Pineda Crossing Bar and Grill and adjacent property owners; and waive Phase I environmental assessment for operation and maintenance of a gravity sewer system in Section 19, Township 26S., Range 37E. Motion carried and ordered unanimously. (See page
for Easement.)

ACCEPT QUITCLAIM DEED FROM HAWTHORN LAND COMPANY, RE: TRANSFER OF
PROPERTY IN CANAVERAL GROVES FOR FUTURE MITIGATION PURPOSES

Transportation Engineering Director John Denninghoff advised the property is located in West Canaveral Groves; the owner approached the County to find out if there was an interest to accept it as a donation; it is a wetland; and staff decided it would be suitable for future mitigation purposes and brought it to the Board to consider acceptance of the property.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to accept Quitclaim Deed from Hawthorn Land Company, transferring property in West Canaveral Groves to the County for future mitigation purposes. Motion carried and ordered unanimously. (See page for Deed.)

ACKNOWLEDGE RECEIPT OF ANNEXATION REQUEST FROM CITY OF CAPE
CANAVERAL, RE: WINSLOW BEACH/AVON-BY-THE-SEA

Commissioner Pritchard advised he would like to move the item, but has a concern about cities that are annexing areas and taking the tax base; he believes in the destiny of the cities, but they leave the road improvements to the County; and he is not sure in the issue of fairness that it is the way the Board needs to move. He stated it says the city will not be interested in taking maintenance responsibility for two major roads until the County makes improvements on them; and inquired what type of improvements is the City asking for.

Comprehensive Planning Manager Todd Corwin advised it is his understanding that the roads are substandard to what the City would consider its average roadway; and it is asking the roads be brought up to a certain standard within the City of Cape Canaveral, then it would take maintenance responsibility for them. He stated once the properties are annexed, the roads will be totally encompassed by the City of Cape Canaveral; and the only access to those roads will be through the City.

Assistant County Manager Peggy Busacca advised to exacerbate the situation, the City of Cocoa Beach made some improvements along the rights-of-way by extending sewer or water lines; and that caused the problem to be worse because some of the degradation of the road is due to the efforts of the City of Cocoa Beach. She stated the County has requested the City of Cocoa Beach to make the improvements; and the City of Cape Canaveral said if they are not made, it is not going to take the roads.

Commissioner Pritchard stated he drove on those roads the other day to observe the hurricane damage; and other than things buried underground, the roads were in good condition; so he has difficulty understanding what other improvements might be necessary. He stated if Cocoa Beach has done something that created the situation, it should extend through Avon-By-The-Sea up to Canaveral, then he would question what does Canaveral have on the north end of Avon-By-The-Sea that is going to enhance what Cocoa Beach might be doing.

Chair Higgs advised the action the Board can take is acknowledge receipt; and if the City moves forward with its annexation, the Board can ask staff to continue to work with the parties to see if they can resolve the issues.

County Manager Tom Jenkins advised Cape Canaveral is a wonderful city; the County has a great relationship with its administration; they have worked well on so many issues; but the City is taking the land and revenue source and leaving the County the roads, which is an unacceptable condition. He stated the Board has to draw the line in the sand; it has allowed this to happen in the past in other places; and it puts the County behind the eight ball because it does not have the money to fix the roads. Chair Higgs inquired what does Mr. Jenkins think the Board can do; with Mr. Jenkins responding direct staff to pursue legal options. He stated staff had dialogue with the City, and it refused to do anything. Mr. Corwin stated that is correct; the City had dialogue with Billy Osborne; and it expressed that it is not interested in taking the rights-of-way.

Chair Higgs inquired what are the legal options regarding road maintenance; with County Attorney Scott Knox responding he does not know that there are any; the Board can try to get the roads transferred to the City under State functional classification guidelines; but he is not sure it is going to work for those two roads. Mr. Jenkins inquired if the Board can take unilateral action to transfer the roads to the City and say it is not going to maintain them; and it would be up to the City at that point to maintain the roads. Mr. Knox stated the County could try that, but he does not know if it is going to work. He stated Florida Statute is set up based upon functional classification. Chair Higgs stated the Board needs staff to come back to the Board so it can flush out the options if it has any. She stated the Board can acknowledge receipt, tell the City it is not happy with the situation, and it is going to look into legal options, but that it does not have them definitively worked out yet.

Commissioner Carlson stated she can understand it maintenance-wise; she does not know what the schedule is to maintain those two roads; but to bring it up to the City’s standard would seem to her to be the City’s responsibility if it is taking the tax base. She stated the Board is not committing to taking them to a higher standard; it is going to maintain them the way they are and to the County’s standard, which may be different than the City’s standard.

Commissioner Scarborough stated maybe the Board does not have the ability to force the roads on the City, but the Board could, as a matter of policy in prioritizing road projects, say where there are annexations and the Board does not concur with the cities as to which roads are annexed, those roads where there is no concurrence will be given a lower priority with the allocation of County funds for maintenance and repair. He stated the Board could make that a matter of policy and let all the cities know that they do it at a risk that they will have roads within their jurisdictions that may not have repairs that are needed. Commissioner Scarborough stated he does not know if that is overly aggressive and if the Board wants to take that position; but it is appropriate because the expenditure of funds within the total road system should be at the Board’s discretion as opposed to being imposed by another jurisdiction.

Commissioner Carlson stated the County’s funds are obviously getting sapped from the various emergencies it has dealt with; those dollars are not there; but also from the State level, the County is not getting additional discretionary dollars for anything. She stated it legitimately can put things like that down to the bottom of the pile.

Mr. Knox stated it is not a short-term solution, but ultimately, since this is a charter county and one of the things annexation law does provide is in a charter county, the charter can have a procedure and method for annexation that is exclusive in the county. He stated if the Board is disposed to it, it could sponsor a Charter amendment in the future, as it is too late to do it for the General Election.

Chair Higgs stated the Board should get staff to develop the policy suggested by Commissioner Scarborough and get in writing; and Mr. Knox could also explore any legal mechanisms the Board has. She stated she does not see anything the Board can do in regard to the annexation itself except acknowledge that it got it; and it could direct the County Attorney and County Manager to get a report for the next meeting.

Commissioner Pritchard stated he is not saying the Board should oppose the annexation; folks he spoke to in the area are not opposed to it; but the Board needs to do something that shifts the burden of road maintenance responsibility to the municipalities that are annexing properties and getting the tax base so they can maintain the roads.

Mr. Jenkins inquired if Ms. Busacca told him that Miami/Dade or some other County at one time told the cities they are taking the roads and gave them to them; with Assistant County Manager Peggy Busacca responding Permitting and Enforcement Director Ed Washburn told her that is what Orange County does. Chair Higgs suggested staff explore those and bring the policy options back to the Board.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to acknowledge receipt of annexation request from the City of Cape Canaveral for Winslow Beach/Avon-By-The-Sea area; advise the City of its displeasure that it is not taking the roads with the annexation; and direct staff to provide policy options and explore legal mechanisms regarding road maintenance when annexations take place. Motion carried and ordered unanimously.

Mr. Corwin stated this annexation is one of those rare instances where the citizens are going to vote on it; and there is a possibility that down the road, if they do not vote in favor of the annexation, it would not take place.

AMENDMENT NO. 1 TO GRANT AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL
PROTECTION, RE: COOPERATIVE AQUATIC PLANT CONTROL PROGRAM

Motion by Commissioner Pritchard, seconded by Commissioner Higgs, to execute Amendment No. 1 to Grant Agreement with Department of Environmental Protection for the Cooperative Aquatic Plant Control Program, changing the contractor for Brevard County to Scott Linkenhoker and Tim Herron. Motion carried and ordered unanimously. (See page
for Amendment No. 1.)

The meeting recessed as the Board of County Commissioners and convened as the Governing Board of the Brevard County Mosquito Control District.

PERMISSION TO UTILIZE SEMINOLE COUNTY’S REQUEST FOR PROPOSAL, RE:
AERIAL APPLICATION SERVICES FOR ADULT MOSQUITO CONTROL

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to grant permission to utilize Seminole County’s Request for Proposal 4147-02/LJS for aerial application services for adult mosquito control. Motion carried and ordered unanimously.

The meeting adjourned as the Governing Board of the Brevard County Mosquito Control District, and reconvened as the Board of County Commissioners.

APPOINTMENT, RE: HEALTH COUNCIL OF EAST CENTRAL FLORIDA, INC.

Chair Higgs passed the gavel to Vice Chairman Pritchard; and stated she has worked closely with Lisa Gurri in regard to the provision of health care services for indigent people in South Brevard; and she is a hardworking conscientious woman.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to appoint Lisa Gurri, Director of H.O.P.E. Administration, to serve on the Health Council of East Central Florida as a health care provider, with term expiring October 1, 2006. Motion carried and ordered unanimously.

Vice Chairman Pritchard returned the gavel to Chair Higgs.

DESIGNATION OF UNITED WAY AS FISCAL AGENT AND AUTHORIZE COUNTY
MANAGER TO EXECUTE AGREEMENT, RE: HURRICANE RELIEF FUND

Commissioner Pritchard stated it is the hurricane relief fund to be administered by United Way; and inquired if there are administrative fees deducted from it or will all the funds be distributed to worthy recipients; with Housing and Human Services Director Gay Williams responding no.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to designate United Way as the Fiscal Agent and lead for distribution of the Hurricane Relief Fund, and authorize the
County Manager to execute the Hurricane Relief Distribution Plan and Agreement with United Way. Motion carried and ordered unanimously.

DISTRIBUTION OF 911 SURCHARGE REVENUES, RE: PRO RATA SHARE TO
SHERIFF, FIRE RESCUE, AND MUNICIPALITIES

Commissioner Pritchard stated the communication service tax was increased in the County; and he did not realize the number of telephone lines in a house was decreasing, but apparently that is the situation.

County Manager Tom Jenkins advised sometimes it is in the household because people have gotten away from a second phone line for their computers and have gone to some other wireless method. He stated corporations are downsizing the number of phone lines; so there are a number changes that are occurring.

Commissioner Pritchard inquired when they downsize the number of phone lines, are they going to wireless; with Mr. Jenkins responding probably. Commissioner Pritchard stated with some type of network, sometimes in a house, he was just thinking about the number of fax machines that people have as well as the DSO and other type of lines they would have for enhanced internet connection. Mr. Jenkins stated he got rid of his second phone line at his house and put his fax machine on the main phone line. Commissioner Pritchard stated he did that also, but has to switch back and forth; BellSouth had something it called a ring saver at one time where a person could have another number on the same line, which brings up an interesting point; and inquired if someone has two numbers on one line, does the communication service tax affect the second number; with Assistant County Manager Stockton Whitten responding it would be on the total bill; and if BellSouth provides a bill to a person for both lines or both numbers, then the tax is on the total of that bill. Commissioner Pritchard stated it used to be $5.00 charge for the ring saver feature, but he does not know if it still has that because it goes back a few years.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve distribution of 911 surcharge revenues to the Sheriff, Fire Rescue, and municipalities of a pro rata share based on current revenue projections except previously authorized training funds. Motion carried and ordered unanimously.

PERMISSION TO DEDICATE, RE: COURTROOM 3 OF HISTORICAL COURTHOUSE
TO JUSTICE VASSAR B. CARLTON

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to dedicate Courtroom 3 of the Historical Titusville Courthouse to Justice Vassar B. Carlton. Motion carried and ordered unanimously.

AGREEMENTS WITH DEPARTMENT OF COMMUNITY AFFAIRS, RE: HURRICANES
CHARLEY AND FRANCES DISASTER RELIEF FUNDING

County Manager Tom Jenkins advised the Agreements need to be expanded to include Hurricane Jeanne. Chair Higgs inquired about Hurricane Ivan; with Mr. Jenkins responding the Agreements will include Hurricanes Charley, Frances, and Jeanne, but not Ivan.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Department of Community Affairs for Hurricane Charley disaster relief funding; authorize the Chair to execute Agreements with Department of Community Affairs for Hurricanes Frances and Jeanne disaster relief funding; and appoint the County Manager or his designee as primary agent and alternate agent to execute requests for reimbursements, necessary certifications, and supporting documentation. Motion carried and ordered unanimously. (See pages
for Agreements.)

APPROVAL, RE: CASUALTY AND WORKERS COMPENSATION INSURANCE
PROGRAMS FOR FY 2004-05

Commissioner Pritchard inquired if there has been any change due to the storms; with Chair Higgs responding the County was lucky to get insurance bound prior to the storms.

Risk Management Director Jerry Visco advised thanks to their efforts last week when the Board gave them permission to bind coverage, they got it in under the wire. He stated the broker confirmed that they bound the property coverage; so the County is in good shape.

Commissioner Pritchard inquired if the Board did not take action last week, would it be facing higher premiums; with Mr. Visco responding it would have gone exactly the way the underwriter was afraid it would; the underwriter gave the County two days to make a decision, then the new storm showed up in their underwriting box; and they would have withdrawn all their quotes, and as of Thursday afternoon there would have been no insurance available. Commissioner Pritchard stated the County has is a benefit that originated by the Risk Management Office’s actions and saved the taxpayers a considerable amount of money.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve placement of the County’s Automobile Liability, Workers’ Compensation, Boiler and Machinery, Pollution Liability, and Aviation Insurance coverage at $839,097 for FY 2004-05; authorize Brown & Brown to bind the coverage immediately; and authorize the Risk Management Director to execute and amend contracts as necessary to ensure there are no lapses or gaps in coverage. Motion carried and ordered unanimously.

AUTHORIZATION TO RENEW, RE: VOLUNTARY DENTAL AND VISION INSURANCE
PROGRAMS PROVIDED BY COMPBENEFITS, INC.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize renewal of voluntary dental and vision insurance programs provided by CompBenefits, Inc. effective January 1, 2005; and authorize the Risk Management Director to execute the contract renewal. Motion carried and ordered unanimously.

AUTHORIZATION TO RENEW, RE: LONG-TERM DISABILITY INSURANCE
POLICY NO. 641728

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize renewal of the Long-term Disability Insurance Policy No. 641728, effective January 1, 2005; and grant permission for Risk Management Director to execute the contract renewal with renewal rates to remain at the in-force rates for one year. Motion carried and ordered unanimously.

APPROVAL, RE: TEMPORARY LOAN TO GENERAL FUND FOR FY 2004-05

Commissioner Scarborough advised this is one of those items where one gets a half a page and the numbers are in the tens of millions; and he thought it would be advisable to have a couple of comments of why it is, how it relates to what is going on, and maybe historical reference as well.

Assistant County Manager Stockton Whitten advised each year there are operating expenses that occur during the first few months of the fiscal year; and until taxes are received in November and December, there is a requirement to have dollars on hand for those expenses. He stated this will meet the temporary cash flow needs of the County for the first few months of the new fiscal year; they have done it in the past and did it for the current year at about $7.1 million; and the interest on that loan was approximately $20,240.00.

County Manager Tom Jenkins stated with the hurricane situation the County is experiencing, there is going to be a larger drain on the cash reserves, so this becomes even more critically important. Mr. Whitten stated that is correct; the projections were made prior to Hurricane Jeanne; but they did take into consideration expenses from Hurricanes Charley and Frances.

Commissioner Scarborough stated there were employees who worked overtime and are entitled to compensation; the Board is still in the current year budget and does not transition until October 1; those funds are going to impact the budget at this time; and they want to make sure funds are available if people are leaving their families to go out and help their neighbors because they are County employees. He stated that is going to come back to the Board with additional numbers so it can meet those expenses. He inquired when would the Board have the new numbers; with Mr. Jenkins responding he asked for the Hurricane Frances numbers several weeks ago, and is expecting to get those any time; but staff will have to go back and redo the numbers for Hurricane Jeanne.

Commissioner Pritchard stated the Board did this last year; it seems it was about $20,000 last year that it paid; it said last year that it does not want to do this; it is paying itself interest from whomever it is borrowing from; and inquired who is the Board borrowing the money from; with Mr. Whitten responding from the insurance fund or the Utilities Department. Commissioner Pritchard stated it is paying itself $20,000 in interest, which then becomes a revenue source to the Department, as it did last year; the Board just acknowledged that its budget has gone up $22 million; and now it is borrowing $7.1 million and charging itself $20,000. Mr. Whitten stated the budget increase the Board just approved is the fourth quarter supplemental budget for the current year; and this item is the cash flow for the beginning of Fiscal Year 2004-05 budget. Mr. Whitten stated most of those were previously approved by the Board; the new funding was to recognize revenue reimbursement from FEMA for Solid Waste Department that was about $6 million and about $500,000 was for the Sheriff’s Office. Mr. Jenkins stated very little of that money was in the General Fund; and it was mostly grants, cash forward estimates, and enterprise funds; and it takes the Finance Department a number of months to balance the prior year’s budget. He stated it is not like it has suddenly achieved a surplus that it can spend; most of that money is tied up and committed to particularly capital projects; so there is very little flexibility with that $22 million. He stated the Board does not have ready access to those funds to use for this purpose. Commissioner Pritchard stated that is one of the problems he has with the budgeting process; the Board has adopted budgets, amended budgets, and proposed budgets; then at this point during the budget cycle, that is when it always ends up with $20 or $22 million or whatever because of other revenue sources that have come in. He stated while he can understand the need to have cash on hand to cover the initial operating costs of Brevard County government until the tax revenues start coming in, what he has a problem with is that it is a yearly event. He stated each year the Board is creating a revenue source for one of its departments of $20,000; that $20,000 comes out of something and could be used for some other effort; and inquired if there is a way to eliminate the continuous request to borrow money, and what about the reserve account, which the Board plans to put $1 million into this year. Mr. Jenkins advised next year they are putting a minimum of $1 million into reserves; it might be greater than that, depending on other factors; but they have a plan to increase the reserve to the 10% level, which should give the Board sufficient funds or at least most of it to avoid having to do a loan, but that is going to take several years to get there. He stated the Board has changed its fiscal policy to change the reserve from 5% of the general operating revenue to 10%, which means over the next several years, they will be increasing the reserve account up to 10% of the general operating revenue. Commissioner Pritchard inquired how much is the general operating revenue; with Mr. Whitten responding the reserve account is probably $9 million; and that is what they are projecting to have. Budget Director Dennis Rogero advised they are projecting $9 million for next year, which is approximately 6%; so to get to 10%, they are looking at $12 to $13 million. Mr. Jenkins stated the three hurricanes literally knocked the County for a loop in terms of how much cash it had to spend, including the overtime. Commissioner Pritchard stated he understands that, but what the Board discussed last year was avoiding this issue again, yet it is right back to it. Mr. Jenkins stated it will take several years to get there. Commissioner Pritchard stated he understands that; and he is just saying over the course of developing next year’s budget or the following year’s budget, when they get into the budget process, they need to look at what they can do to not necessarily accelerate the amount going into reserves, but at other factors that they can use to reduce spending in some fashion, which could provide more of a cushion so they are not going to be creating a $20,000 revenue stream for another Department. Chair Higgs noted they could reduce spending in the first quarter also, so maybe they could work on that.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize a temporary loan to the General Fund to meet operating costs for FY 2004-05 until taxes are collected and remitted to the Board. Motion carried and ordered unanimously.

EXTENSION OF CONTRACT FOR SALE AND PURCHASE WITH JEN-LEE
DEVELOPMENTS, INC., RE: PARCEL IN SPACEPORT COMMERCE PARK

Commissioner Scarborough stated the Board has a contract that was submitted February 24, 2004 on about ten acres in Spaceport Commerce Park; and there is a request that the contract be continued to December 31, 2004, which means it would be outstanding for about ten months. He stated the County has seen substantial increases in property values; the property is being held for $10,000; and inquired if there is any indication that the property has gone up in value to the extent it would be advantageous to extend the contract at a higher price.

Economic and Financial Programs Director Greg Lugar advised the contract actually came to the Board on April 28, 2004 for execution; it has been five months; the developer has been going through a due diligence period; an appraisal was done about that time and is right at the sale purchase price of $25,000 an acre; so he is not sure if the values would have gone up significantly in those five months. He stated they can ask the appraiser to look at it again if the Board wants to; but the appraisal was done in March 2004. Commissioner Scarborough stated it may have increased in value, but he does not know, so he will move the item.

Motion by Scarborough, seconded by Commissioner Pritchard, to approve a 90-day extension on a pending sale and purchase contract with Jen-Lee Developments, Inc. for ten acres in Spaceport Commerce Park. Motion carried and ordered unanimously.

PERMISSION TO SELL SURPLUS PROPERTY, RE: PROPERTY AT 1780 SOUTH
BANANA RIVER DRIVE, MERRITT ISLAND

Chair Higgs advised the item involves selling a parcel of land on Banana River Drive on the river as surplus property; she is opposed to selling the property without more information that demonstrates to her that the Board ought to sell a piece of waterfront property; so she will vote against the item.

Commissioner Carlson inquired if the Board previously asked for a list of all surplus properties; and stated she does not know if her office has gotten any, but she thought the Board did ask for that. Chair Higgs stated the Board did ask for that list. County Manager Tom Jenkins stated staff routinely does that; and he has given the Commissioners lists of surplus properties several times in the last five years. Commissioner Carlson stated in discussions in terms of some of the parcels, like what the Board had with the Fortenberry parcel and others, it should at least get a little more detail as to what it could be in the future because land is not going to get any cheaper. She stated the County has those assets; it is an important issue; the Board ought to assess that for future needs beforehand; and if there is reasonable proof that says the County will never use it, she does not have a problem selling it as surplus. Chair Higgs stated there may be use for a piece of waterfront property that is over an acre in a neighborhood that would allow public access to the river. Commissioner Carlson stated she would like to see all the possibilities.

Commissioner Pritchard stated south of the property is a piece of waterfront property; it is the old Causeway ridge that is located within Harbor Point Subdivision; and the house seen in the photo is in Harbor Point Subdivision. He stated he would like to know what the approximate value of the property is; and anytime the Board has a consideration about selling something, he would like to know what the effect is going to be, how much could it get for it, and what taxes would be generated from the parcel if it were developed. He stated he is not going to say to its highest and best use because then they start thinking multistory condominiums; and inquired in this neighborhood, if they were to put two single-family residences on the parcel, what might they expect by way of taxable return. He stated if staff could do that on properties as they are presented to the Board, he would appreciate it.

Chair Higgs recommended requesting further information and discussing the item later, as the Board does not have to take action today. Commissioner Pritchard inquired if it could come back in October; with County Manager Tom Jenkins responding yes.

Motion by Commissioner Pritchard, seconded by Commissioner Higgs, to table permission to sell surplus property on South Banana River Drive until October 26, 2004, and instruct staff to provide additional information, such as the value of the property, how much can the County get for it, and what taxes could be generated from its development. Motion carried and ordered unanimously.

PUBLIC COMMENTS - DEBORAH BARKER, SHERIFF’S FINANCE DIRECTOR, RE:
OVERTIME FUNDING SITUATION WITH THE SHERIFF’S OFFICE

Sheriff’s Finance Director Deborah Barker thanked Chair Higgs for her representation at the EOC and everything she did for the citizens during that time. She stated Chair Higgs was terrific and she appreciates her support and does not know how she looked so good in such bad times.

Ms. Barker stated on behalf of the Sheriff’s Office, she is here to speak to the Board regarding the same issues it has been speaking of this morning; she talked to the Budget staff; and at this point they do not know how much they are going to be over, but she wanted to come before the Board and let it know that they were able to absorb the overtime costs to cover Hurricane Charley, but Hurricanes Frances and Jeanne have put them in a hole. She stated they are going to be closing the books on September 30, 2004; Florida Statutes, Chapter 30 states the sheriff cannot go over appropriations; so she is here to go on record stating their expenses will exceed their revenues. She stated she does not know the amount yet, but is anticipating approximately a million dollars; that is based on very little operational costs, basically some for the towers; they had Countywide tower damage of about $90,000; and they covered $60,000 of that with dispatch trust fund money, so there is a small amount of operational money. She stated the Board did some bill and budget changes today; they did some of their own additional revenues just like last year where they earned additional revenues, had their own sources of income, and covered some of the medical and food contracts; and the Board approved some of those things today where they covered some of their own expenses. Ms. Barker stated she does not know how much that will be yet; they are still processing the payroll; Hurricane Frances put them in a hole with overtime costing $1.5 million; and they are able to absorb some of that, but not all of it. She stated they are in the process of doing all the public worksheets for FEMA; they have been in touch with FEMA and are working closely with them; the term is not quite hardship, but they are going to file early paperwork and ask for early monies from FEMA to expedite the 75% of allowable expenses; however, at the federal end at the State level, FEMA does not reimburse all costs. She stated FEMA only reimburses up to the first level of supervision, so they will have an amount above cost that is not going to be eligible; there are certain ranks that the Sheriff’s Office did not pay; he did not pay his commanders because he felt that was their duty to be there; but some people were paid overtime that FEMA will not reimburse, which is probably the same case with the County and other agencies. She stated they have done everything to work together as the Board’s partner; they covered their own gas with their increased revenues because of the increase in fuel costs; they covered $60,000 of the $90,000 tower damage; and they covered the food contract at $248,000 that was not paid during the budget process. She stated they also covered the presidential candidate visit of Senator John Kerry, and have done some increases in revenues through changes they initiated at the jail. Ms. Barker advised they raised the daily meal fee from $1.50 to $2.00 a day and instituted a per diem fee where they take $20 from their guests as they come through the door; and that takes care of them for the first six days, then they start the $2.00 a day fee. She stated she is not trying to bring bad news to the Board, but it is in Florida Statutes Chapter 30 that the Sheriff is not to close in deficit, so she is bringing it to the Board’s attention that they will close in the hole based on additional expenses borne by Hurricanes Frances and Jeanne. She stated they tried every way they could to cover the expenses; and she will have some final figures for the Board in October, but does not have them now.

County Manager Tom Jenkins advised it is extremely important that Ms. Barker provide the detailed information she is describing to the Budget Office; and if there has been property damage, she needs to file claims with the Insurance Office because there is a potential for reimbursement. He stated it is also extremely important that whatever Ms. Barker is giving to FEMA include the County in that loop so staff will know what the Sheriff is giving to FEMA. Ms. Barker agreed.

Commissioner Pritchard stated Ms. Barker said the Sheriff will not be reimbursing his command staff for time they put in during the hurricanes and considers it part of their function; with Ms. Barker responding that is correct. Commissioner Pritchard stated Ms. Barker said above the first supervisory level, people would be paid, but the Sheriff would not be reimbursed by FEMA. Ms. Barker stated that is her understanding of FEMA rules; she has been working with FEMA

PUBLIC COMMENTS - DEBORAH BARKER, SHERIFF’S FINANCE DIRECTOR, RE:
OVERTIME FUNDING SITUATION WITH THE SHERIFF’S OFFICE

officials and it is not separate to the Sheriff’s Office but is every office; and it is a reimbursement regulation of FEMA that it will reimburse up to a certain level within the area of supervision and will not pay above that because it assumes that is within the managerial duties of those persons and they have to be there anyway. Ms. Barker stated there is a scale of who gets paid, and then what FEMA will reimburse. Commissioner Pritchard stated he just wanted to bring that out because he supports it; he is happy to see that the Sheriff has taken that position; in all the years that he was involved with that type of work, he did not receive anything for it; and it was as Mel Scott said, an ability to enjoy the position. Ms. Barker stated they also gain additional experience during that time. Commissioner Pritchard stated he is hoping the County is taking the same position on whether or not someone is entitled to overtime. He stated when they are salaried employees, there are certain things that come with the territory; and the employee above all should recognize that some of what he or she does is not going to be reimbursed.

Mr. Jenkins advised he and Mr. Abbate had recent discussions and are going to propose revisions to the current Policy; the Policy as it is written does not, unfortunately, distinguish that; but they are going to come back with some proposals to deal with it. Ms. Barker stated she knows there were numerous positions the County did not pay as well, so Mr. Jenkins followed along the same line.

Chair Higgs advised Ms. Barker to get that information to the Budget Office as quickly as possible so they can handle it.

REPORT, RE: HURRICANE DAMAGE AWARENESS AND RECOVERY EFFORTS

Chair Higgs advised the Sheriff wants the Board to remind everyone to drive carefully; and there are limited numbers of traffic signals working, so people should follow the protocol of stop, look, and look again before proceeding. She stated if they do not have to be out, they should not drive because that would be helpful to the crews; and sightseers in heavily damaged areas are encouraged not to be there because it can hamper recovery operations and getting things done for people in need. Chair Higgs echoed Utilities Director Dick Marten’s words, to please conserve water and use only what they have to because all the water systems are having difficulty with breaks, etc.; and requested people conserve water the best they can, as it would reduce the demand on the water and sewer systems. She stated cell phone use is spotty all over the County, so short calls are appreciated; people who need help can seek the 211 line for assistance; Red Cross, Salvation Army, and other volunteer organizations can use help; so if people are able to get outside of their neighborhoods, those organizations could use their help.

Commissioner Pritchard advised when people come upon a signalized intersection where the traffic light is not functioning properly, they should treat it as a four-way stop and give some courtesy to others.

Assistant County Manager Don Lusk advised as a follow-up to Commissioner Carlson’s question about Schechter Recreation Center in Satellite Beach, it will open tomorrow from 8:00 a.m. to 8:00 p.m. He stated Circles of Care called him and has been following up on something Chair Higgs asked for; it opened its 2020 Commerce Avenue facility in Melbourne today for walk-ins who are in need of seeing a psychiatrist or trained counselor; and it will be open from 1:00 p.m. to 4:00 p.m. He stated it will have trained certified counselors there as well as a psychiatrist; and if the public is in need of that beyond today, it may extend the service for the rest of the week.

Commissioner Scarborough advised Central Services Director Steve Stultz has the information on contracts the Board needs to ratify.

Central Services Director Steve Stultz advised the contractors the County entered into Purchase Orders with as a result of Hurricane Frances are Glover Oil for fuel; Acousti Engineering for ceiling tiles; Lowe’s and Granger Company for hardware and rooftop fans; Blackhawk Quarry for road materials; Anderson Rentals for port-o-let rentals; Naztec Inc. for signal controllers; McKesson for medical supplies; JB’s Lawn Control for tree removal; Nations Fence for fence and backstop repairs; Great Southern Construction for grapples; Wheelabrator Ridge for transportation and hauling services; Harris Sanitation, Belcorp, Inc., Western Waste, for debris collection and mulching services; Relm Wireless for radios and equipment; Miller Electric and PHA Contractors for signal repair; Watkins Oil for fuel; S. F. Travis for marking paint, damage assessment, and miscellaneous water pumps and gasoline cans; Crowder/Gulf for debris removal; Ashbritt Construction for debris removal; Naztec for signal flashers, Kabran Air Conditioning for AC/replacement; Rhodney Grant Kilpatrick for radios and also tower relay rental for the radio service; Byrds Window and Glass for window replacements; Nations Rent for chainsaw rentals; Stanley Steamer for carpet cleaning; Con’s Cycle Center for generators; A-1 Tractor for chainsaws; United Signs and Signals, Florida Industrial Network, CS Engineered Castings, Control Technologies, Temple, Inc., Rainbow Distributors, USA, and Allied Tube and Conduit, for traffic signal repairs; Don Wood, Inc. for fuel site repair; Boggs Gasses for medical oxygen; Tidwell Tree Movers for tree removal; Ringpower Corp. for rental of aerial platform; All Custom Aluminum for emergency repairs; ABC Land Clearing and Development for tree removal; East Coast Fence and Guardrail for emergency fencing repairs; Mike Foreman for emergency pool pump repairs; R&R Roofing for emergency roof repairs; and Dry Up, Inc. for water extraction at one of the golf course clubhouses. He stated for Hurricane Jeanne, they have similar Purchase Orders open for S.F. Travis for marking paint; United Signs and Signals for signal repairs; Florida Industrial Electric for signal repairs; Boggs Gasses for medical oxygen; Communication International for radios; and Amateur Electronics for replacement antenna for the EOC.

Mr. Jenkins inquired if the Board wants to ratify the purchase orders and/or contracts.

Commissioner Scarborough stated what started the conversation was the Post Buckley contract; and inquired if he heard it mentioned; with Mr. Stultz responding the County has an open Purchase Order with Post Buckley, but it is not on the list; it was for Hurricane Jeanne also; they entered into the Contract Agreement; and because of the capability of issuing purchase orders through the system, he did not have it on the list, but they do have a million-dollar contract. Commissioner Scarborough stated some of the contracts are ongoing and some are new because of the storms; and inquired if there is any reason why the Board needs to take action today. He stated it would be better if Mr. Stultz would put them together; he does not want to read every contract, but Mr. Stultz could note whether it is a continuing contract or something particular for this in a basic nature, like the Post Buckley contract, why it came here, and if it is something unique to coordinate. Commissioner Carlson stated some of the contracts are piggyback contracts, which staff could identify. Commissioner Scarborough stated that information would be helpful to the Board, not only to meet some legal requirements, but to understand the complexity that the Department is going through in meeting the needs. Mr. Stultz stated actually the purchase orders are open for many of the existing contracts with a lot of the contractors and vendors, but he can provide a more detailed list.

Commissioner Carlson inquired about additional Mosquito Control contracts; with Chair Higgs responding there is a Contract with Clark to provide additional mosquito control services. Commissioner Carlson inquired if it was supposed to be on the list; with Mr. Jenkins responding they did not use them for the most recent hurricane, but they are under contract. Mr. Stultz stated it is not on the list. Commissioner Carlson stated she does not know if anyone else had a problem, but they promoted the NOAA weather radios to a lot of folks; she has one in her office and one at home that did not function very well during the hurricane; and inquired if there is any information on that; with Mr. Jenkins responding no. Commissioner Carlson stated they do not have it up and running yet and it is not giving them a signal; with Mr. Jenkins responding it could be that they lost their tower. Commissioner Carlson stated if staff gets a report back on it, she would like to find out why it malfunctioned.

Chair Higgs stated the District 3 office will not be answering the phones because they have no power and the pones do not work; they are doing what they can in the community, handing out ice and doing other things; and as soon as they restore power, they will be up and running again. She noted she does not know about other offices and if everyone else is answering phones. Mr. Jenkins stated if District 3 is without power, it is highly possible that District 5 does not have power either. Chair Higgs stated they looked at it yesterday to assess where the power outages were; the further south one goes the less power there is; so while Brevard County may be at 60%, that percentage goes down considerably to almost nothing south of U.S. 192.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 11:28 a.m.

ATTEST: _________________________________
NANCY HIGGS, CHAIR
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
_____________________
SCOTT ELLIS, CLERK

(S E A L)