September 21, 2004

The Board of County Commissioners of Brevard County, Florida, met in special session on September 21, 2004 at 5:30 p.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, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and Assistant County Attorney Shannon Wilson.

The Invocation was given by Reverend Mike Grant, Discovery Christian Church, Cocoa, Florida.

Commissioner Scarborough led the assembly in the Pledge of Allegiance.

REPORT, RE: HURRICANE DEBRIS PICKUP

County Manager Tom Jenkins advised George Geletko from Waste Management is present to give a brief overview of its efforts in terms of its normal pickup of waste in the County; and Euri Rodriguez will give an overview of what the County is doing with the additional debris pickup.

George Geletko, representing Waste Management, stated its employees have been working nonstop since August 18, 2004; the first two and a half weeks of Hurricane Charley, Countywide his Company picked up 16,776 tons of yard waste; it typically, over a period of one month, picks up 8,000 tons; and that is over two months worth of volume that his Company picked up in two and a half weeks. He noted Hurricane Charley debris collected in North County by subcontractors included 98,000 tons; Waste Management collected 6,876 tons during that period of time; FEMA originally estimated there were 100,000 yards of debris in the affected area; and in two and a half weeks prior to Frances, subcontractors collected 98,000 yards of debris. He stated FEMA estimated, prior to Hurricane Frances, that there were 14,000 yards of debris still at the curb; within five days, Waste Management had 100 pieces of equipment on the road working, which is in addition to what it already had as its normal collection equipment; the average volume on garbage collection is 1,450 tons per week in North County; but after Hurricane Charley, Waste Management collected 2,930 tons per week prior to Hurricane Frances, which is a 102% increase. Mr. Geletko noted on August 13, 2004, Hurricane Charley hit Brevard County; on August 14, 2004, Waste Management began regular collection services throughout the County and toured North County for damage assessments; on August 15, 2004 at 10:00 p.m. his Company met with County officials to develop a plan of action on how Waste Management was going to attack the storm debris; and there was an agreement. He stated at that time, Hurricane Charley was a Class I Hurricane and his Company piggybacked the Volusia County Storm Debris Contract; on August 16, 2004, regular collection routes resumed; on August 17, 2004 at 5:00 a.m. his Company started certifying subcontractors’ equipment and storm debris collection; and by 8:20 a.m. there were 100 subcontractor units collecting storm debris, using two different staging areas. He stated on August 22, 2004, Waste Management brought in 16 additional collection vehicles from Martin County; and they collected 220 tons of debris in Port St. John. He stated on August 26, 2004, his Company had to cut its equipment back to 32 pieces as FEMA required more monitors; on September 2, 2004, the Company had to close operations for Hurricane Frances; and if it could have kept the equipment going it would have had the debris cleaned up.

Mr. Geletko noted the usual average per week of garbage collection Countywide is 4,555 tons; the first week’s garbage collection after Hurricane Frances was 6,451 tons; Waste Management did not start collecting garbage until Tuesday, which is when the landfill opened; and it was a 42% increase in volume. He stated the usual average per week of Countywide yard waste volumes is 2,592 tons; Waste Management collected 5,460 tons of yard waste the first week, which is 111% increase in volume; on September 2, 2004, all collection operations ceased due to Hurricane Frances; and on September 5, 2004, Waste Management operations suffered severe damage. He noted it lost the roof to its operations building and had a lot of water damage; and it also had power outages and phones down. He stated on September 6, 2004, his Company started operations for Hurricane Frances; it met with the County for a plan of action; he was told at that time to focus on garbage collection, which is what Waste Management did; on September 6, 2004, the County landfill opened; his Company’s garbage routes resumed with no recycling; and the garbage volumes were so heavy because of power outages, so Waste Management had to focus on garbage collection for the first week. Mr. Geletko noted on September 13, 2004 all routes resumed normal collection schedules; Waste Management resumed yard waste collection for the north area on that Saturday; also on September 13, 2004, his Company brought in five additional trucks from Pennsylvania, New Jersey, and New York; and on September 20, 2004 it brought in three more trucks. He stated as Waste Management moves forward, it expects garbage and recycling collection to return to normal; it has added additional equipment for regular yard waste collection; it is working very closely with the County to get communications out to the general public; and it will continue to work closely with the County. He advised there will be an educational piece in the newspaper on Wednesday, Sunday, and the following Wednesday.

Commissioner Pritchard stated the Commissioners’ offices have been inundated by phone calls from all over the County; he does not know what area Waste Management is currently working or whether it is doing storm debris; but the issue for the most part is storm debris; and people are told that the Company will pick up containerized storm debris, but the Commissioners receive calls that such debris has not been picked up. He noted there are other areas where huge piles are still there and have been there for weeks, and no one is coming to pick them up; he did a drive-through of several neighborhoods and saw the same debris that he has seen since Hurricane Frances; and inquired what is Waste Management’s plan.

Mr. Geletko responded his Company is not involved in the storm debris pickup; but wherever there is an emergency situation to where debris is creating flooding situations, it has its clam trucks in those subdivisions working; he is getting calls from a lot of Commissioners’ offices where there are unsafe situations; and it is sending the clam trucks to the specific areas. He stated he has 11 pieces of equipment that are working 12 to 15 hours a day.

Commissioner Pritchard stated his office will call Waste Management and be told that it is in a certain part of the County; but then he will receive calls from that part of the County saying nobody came and the debris is still there. Mr. Geletko stated the clam truck could be in one neighborhood all day and may only be able to pull five loads out of there; that is what the problem is; there are 73 miles of coastline and 11 clam trucks picking up large debris; and his Company is not involved in the storm debris. He noted the clam trucks are used in emergency situations, such as road clearing or debris picked up that is creating a flooding situation; his Company is receiving those types of requests; it is also clearing driveways; and it has plans working all over the County.

Commissioner Pritchard stated the rest of it is being handled by Solid Waste Management and subcontractors.

Commissioner Carlson stated she lives in the City of Melbourne, which uses Waste Management for debris pickup; and inquired how many subcontractors are being used within the City. Mr. Geletko responded one contractor is being used; it is Connor, who is Waste Management’s subcontractor and has been for the last five years; he has helped his Company get caught up on yard waste when it falls behind, whether there is a storm or not; and Connor assisted Waste Management with Hurricanes Irene and Floyd. Commissioner Carlson inquired if the different trucks she sees are all working under said contractor; with Mr. Geletko responding yes.

Commissioner Colon expressed appreciation to Mr. Geletko; stated South Brevard has received excellent service; it is a unique situation as there have never been three hurricanes come into Central Florida; and everybody has been trying to chip in, but it has not been an easy task. She noted her office has received a lot of calls; Waste Management has been on top of everything; she can speak to the phone calls and the kind of service people have received; and priorities are an issue. She stated 500,000 people cleaning out their refrigerators is a safety hazard; some people do not realize how complex the situation is; Mr. Geletko has explained the situation better today of exactly what happened and when; and she was not aware that Waste Management had damage. She thanked Waste Management for the job it has done; stated she has seen crews out at 5:00 a.m. until 10:00 p.m.; it is a good thing she did not get any complaints about the noise from trucks being out at 5:00 a.m.; the hurricane events were difficult for everyone in Brevard County and she is proud of the job everybody has done.

Chair Higgs expressed appreciation to Mr. Geletko for his appearance and all of Waste Management’s service.

*County Attorney Scott Knox’s presence and Assistant County Attorney Shannon Wilson’s absence were noted at this time.

Solid Waste Management Director Euri Rodriguez stated the Solid Waste facilities are all still currently open seven days a week, from 7:00 a.m. until 7:00 p.m.; they will continue to be that way for the foreseeable future; the sites include Mockingbird Recycling Facility in Titusville, Central Disposal Facility in Cocoa, and Sarno Landfill in City of Melbourne; and there is a temporary site in Palm Bay Regional Park. He noted the two contractors up to now have collected approximately 86,000 cubic yards that have been verified; about 15,000 cubic yards have not been verified; verified means the figures have been checked by his office and are accurate; and up to now the County has collected the same amount of debris that was originally calculated for Hurricane Charley, and it is just starting. He stated there are about 246 vehicles on the streets; monitors have been hired on a temporary basis; there are about 60 or 70 temporary employees to help in the effort; and the County is continuing to hire more people. He noted it expects to cap out at approximately 80 to 90 employees, and maybe even 100 employees in order to facilitate the issue; there has been a progression in the amount of debris collected; the first day the County started its operations it collected about 1,300 cubic yards of debris; and the last day he has numbers for is September 18, 2004, when it collected 11,600 cubic yards. Mr. Rodriguez stated the County is still in the process of gearing up in order to give the services to the citizens that they deserve; it has calculated a rough figure of how much dollars it is going to cost Brevard County; Hurricane Charley was about $1.8 million; and the County is responsible for 12 ½%, which is approximately $225,000. He noted the bill for Hurricane Frances is calculated to be about $17.5 million; the County’s share is about $2.2 million; a lot of it is going to come out of the Collection Fund, which does not have that kind of reserves; and it is something the County will have to deal with in the future.

Mr. Jenkins stated it is 15 calendar days since the County has gone back to work; there are 240 trucks today picking up debris, which is very significant; in his neighborhood the debris is still piled up; and people need to be patient and wait until the County can get there as they cannot be everywhere. He noted the Board may have heard about a particular smaller city getting its debris picked up already; it needs to consider the distance the County has to travel in the unincorporated areas; it goes from the South County line to the very northern County line; and it is far less efficient to travel that distance and cover that much territory as opposed to the small confines of a municipality. He stated part of the strategy from the beginning was that the County would have Waste Management doing its garbage collection and regular debris pickup, which is being limited to cans and bag debris at the moment; the County would bring in additional outside contractors to pick up the balance of the loose debris; it is a bulk operation and it is picking up as much as it can; and the amount of debris being picked up is greater than the County has had to do ever.

Mr. Rodriguez stated in the 11 years he has been in the Department, the debris is more than all the other hurricanes combined by a factor of at least three or four. Mr. Jenkins requested residents be patient and know that not everybody’s debris can get picked up the first week; stated it is not logistically possible to do; and there are 240 trucks picking up debris.

Commissioner Scarborough stated the County can analyze, but people in the community are also forming their own impressions; it is not for him to analyze entire Brevard County; along River Road north of Cocoa the debris has not been picked up before Hurricane Charley; so there is debris from Hurricane Charley and the current debris. Commissioner Scarborough noted his office cannot go out and see everything; but Liz Lackovich went to the area and was almost involved in an accident because of the traffic hazard along the narrow road; to say the people are to be patient, they have already waited six weeks; and when they are advised it is another four weeks, that is a total of ten weeks. He stated certainly some small municipalities may be acting, but he lives in Titusville and sees a lot more activity there; as time goes on, the questions will continue; and it would be ill advised for the Board at this time to say that everything is copacetic.

Commissioner Pritchard stated he has the same issues on South Tropical Trail and other roads that are used as thoroughfares; the debris has been out there for weeks; it is not just from Hurricane Frances, but from Hurricane Charley and before that when people were pruning in preparation for the hurricanes; and there are 240 trucks, but he and others have not seen one. He noted he is looking for a believable plan; there is a lot of debris that needs to be picked up; and it is disconcerting when Commission Offices are relying on information they receive and pass it on, but the community calls back and says nobody has come and the trash is still out there. He stated he understands FEMA’s paperwork, but there is a delay at the County’s landfill of bringing debris there, having to weigh it, and filling out the forms; some people that are driving smaller pickup trucks are turning around; and the debris is probably being dumped in a vacant field somewhere.

Mr. Rodriguez stated it is not only a FEMA requirement, but a permanent requirement that the County weigh all of the vehicles coming in. Commissioner Pritchard inquired can the County use some sort of exception under emergency rule that would speed up the process; stated perhaps customers could be handed a clipboard and fill out the paperwork as they are in line; a half ton pickup truck, loader, etc. is going to bring in “x” amount of debris; being as accurate as the County would like to be is creating a problem; and the slower turnaround is creating problems by keeping more debris on the roads. Mr. Rodriguez stated he will look into the issue; normally the County processes a vehicle every 90 seconds; it is down to 48 seconds; and it is not fast enough. He noted the Mockingbird facility received over 2,000 vehicles in one day during its peak time; and it is overwhelming. Commissioner Pritchard stated he is sure it is; as vehicles stack up along Adamson Road or wherever else, the frustration is felt by the people that are trying to get rid of the debris; it is being used as a turnaround excuse and he is sure the debris is dumped someplace else; and then it becomes another burden down the road for somebody else. Mr. Rodriguez advised he will check the regulations and see if staff can find some solution. Commissioner Pritchard stated he also gets reports that one street’s debris was picked up twice, but another street’s debris has never been picked up; and inquired is there some sort of plan. He noted he recalls Mr. Rodriguez giving the Board a map book in which a page was a zone. Mr. Rodriguez stated that is correct and is the point of having monitors, which includes over 80 people following the trucks around the streets; he has not received any complaints about people having been through one street twice, but he has received complaints about cherry picking, which is being very selective about which debris they are picking up; several truckers have been fired over that; and yesterday the County fired a team because of that same problem. He noted north of Cocoa the team was being very selective about what they were picking up; they were picking up the big piles and leaving the small piles behind; and it is not acceptable.

Commissioner Carlson inquired is there a schedule attached to the zone book with approximate timeframes; with Mr. Rodriguez responding yes, and he will be giving it out. Commissioner Carlson stated it would help and might reduce the cherry-picking issues too. Mr. Rodriguez encouraged anybody that sees this kind of activity to call his office so staff can monitor the trucks and insure they are doing the job they are paid to do; stated he has done some monitoring; one example is Tropical Trail and the Causeway; and he was present when debris was picked up, but the following day, one could not tell the difference as neighbors were putting out more yard waste as the truck went along. He noted there have been other places with cherry picking; it is not all one-sided; the contractors have some faults; and the County has been correcting those problems as it goes along.

Mr. Jenkins stated it is one of the reasons that the trucks are going to make two sweeps. Mr. Rodriguez noted that is correct, and if necessary, the trucks will make a third sweep. Mr. Jenkins stated the main thing is to do the first sweep for everybody before doing the second sweep.

Chair Higgs inquired does staff have an estimated time that the first sweep will be completed; with Mr. Rodriguez responding about four weeks. Commissioner Pritchard inquired why four weeks. Mr. Rodriguez responded the first sweep is the most intensive because the majority of the yard waste is out there; he cleared out about 90% of what he had in his yard; he lives in the City of Palm Bay; as soon as such waste was cleared up, he put out more yard waste, but it was not as much; and the second and third sweeps will go that much quicker. Chair Higgs inquired what about the debris from homes that are damaged. Mr. Rodriguez responded the pickups will be starting soon; there will be special trucks for it separate from the yard waste; the debris has to be hauled directly to the landfills; and the mobile home parks will be the first targeted for that kind of cleanup. He stated he assumes it will start toward the end of this week. Chair Higgs stated there were a lot of homes that had water damage; and inquired will it be an interim sweep between the first yard waste sweep and the second. Mr. Rodriguez responded yes; and the County will not wait until the first sweep is completed before it starts doing that.

Commissioner Carlson stated Mr. Rodriguez had to bring a lot of folks in to do the monitoring of the contractors the County hired; and inquired is their job also part of the scheduling process, do they keep the contractors on schedule or just follow them around to make sure they pick up debris, and can they help with the cherry-picking issue. Mr. Rodriguez responded they are supposed to monitor the cherry picking and report it; they are not always reliable and are temporary employees; the County is going to start tomorrow training a group of them to do quality assurance, which is basically going to the neighborhoods and making sure they are cleaned up; and there have been reports of debris falling off of trucks. He noted the monitors will be investigating it to make sure if the debris is from County trucks that somebody goes back and picks it up as it can be a dangerous situation. Commissioner Carlson stated staff also had to build monitoring devices to look inside the trucks. Mr. Rodriguez noted it had to build towers and rent radios; there are about 75 radios programmed; training was done for 80 monitors; the County had to acquire vehicles for them; and the process has been very involved.

Commissioner Pritchard inquired are there more haulers that could be hired. Mr. Rodriguez responded the County is still adding trucks; at the beginning there were hand trucks, which are basically trailers hauled behind vehicles; those were done to make some kind of presence in the public; and they are getting replaced by true blue trucks, dump trucks, 70-cubic yard tractor trailers, etc.; the vehicle count is not going up quite as dramatically as one would think because a hand truck or hand trailer gets dropped off and a dump truck is used as a substitute; and that is why there has been a geometrical progression in collection of debris, as one kind of truck is being substituted for another. He stated hopefully it will also accelerate the entire collection of debris; and if necessary and if there is not sufficient progress, the County will bring in another contractor. Commissioner Pritchard noted it is at that point now and is necessary; staff needs to divide the County up smaller; as Chair Higgs mentioned, there is debris from houses; once the branches are removed, it will be house debris that will be piled up; and it is only going to exacerbate the situation if the County does not get enough people to make sure the debris is picked up. He stated it is at the point where it is going to need to bring in maybe another 50 trucks or more, and make an intensive sweep; there are more hurricanes out there that may decide to come visit; and then the County has many more problems. Commissioner Pritchard stated he appreciates Messrs. Rodriguez and Geletko addressing the Board this evening; his office will be in touch with them; all the Board asks for is a plan and reliable information; and the Commissioners are getting the phone calls and trying to provide the public with the most reliable information they can.

Commissioner Scarborough stated the County is having certain disaster relief meetings; last night was the first one; and inquired is Mr. Rodriguez’s staff going to be there advising the methodology it is using and listening to particular questions. He noted in talking to Bob Lay, one of the things that appears to be a major issue today and the aftermath is falling in Mr. Rodriguez’s purview. Mr. Rodriguez stated his staff has been doing that already; and Pam Shoemaker has been to three or four meetings. Commissioner Scarborough noted the closer the County is to the people the more likely they are to put the resources where they need to be most; and he would hate to see someone getting their second or third cleanup when someone has waited for six weeks without their first cleanup.

Chair Higgs stated the Board knows staff is working hard and it appreciates it.

RESOLUTION, RE: RECOGNIZING FAMILY DAY - A DAY TO EAT DINNER WITH YOUR
CHILDREN

Commissioner Colon read aloud a resolution recognizing September 27, 2004 as Family Day - a Day to Eat Dinner with Your Children.

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution recognizing September 27, 2004 as Family Day - a Day to Eat Dinner with Your Children, to encourage parental involvement in the lives of their children. Motion carried and ordered unanimously.

Commissioner Colon stated this evening there are folks here with their families; obviously, they are very involved with their families; the children who have their parents involved with them are extremely blessed; and those individuals who are not eating with their families need to be doing that.

RESOLUTION AND USE AGREEMENT WITH MERRITT ISLAND JAYCEES, INC., RE:
USE OF COUNTY BUILDING

Commissioner Pritchard stated he asked the Board if the Merritt Island Jaycees could have permission to use a discarded building on Fortenberry Road for a Halloween haunted house; initially it only needed the building for three weeks, but now it needs it for about eight weeks; it has signed an agreement; and requested the Board amend the motion made on August 10, 2004 to approve extension of the agreement to 75 days and allow Chair Higgs to sign the resolution and agreement.

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to adopt Resolution authorizing the leasing of property to a not-for-profit corporation; and execute Agreement with Merritt Island Jaycees, Inc. for use of a building at 370 Fortenberry Road in Merritt Island as a “haunted house” from September 16, 2004 through November 30, 2004. Motion carried and ordered unanimously.

REPORT, RE: WORKSHOP ON INSURANCE BENEFITS

Commissioner Pritchard stated at last Tuesday night’s budget hearing he indicated he would like the Board, members of the Employee Benefits Insurance Advisory Committee, Citizens Budget Review Committee, and consultants Robinson & Bush, to meet in a workshop setting to discuss long-term insurance benefit needs. He stated the County is going to become inundated with the cost of providing health insurance; and it is something it needs to face, otherwise it is going to be in dire straits about four to five years from now, unless it looks at the type of insurance it is providing and the cost of providing it to see what it can do best that will be of benefit to employees, as well as the taxpayers. He suggested a workshop be scheduled in October 2004 or at least November 2004 so it can be completed prior to the beginning of next year’s budget process.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to direct the County Manager to schedule a workshop in late October 2004 to discuss insurance benefits. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING COCOA TIGERS 11-12 LITTLE LEAGUE MAJORS
BASEBALL TEAM

Commissioner Pritchard stated anyone who has ever had a child playing Little League baseball knows what it takes in order to make sure the child arrives at the game and is properly attired; when he was at the event for the Cocoa players, he told them he played Little League baseball 50 years ago; but he still has his hat, which has an All Star pin on it. He noted it goes back to 1954-1955; and showed a picture of him in uniform with his brother and sister in 1956.

Commissioner Pritchard read aloud a resolution recognizing the Cocoa Tigers 11-12 Little League Majors Baseball Team.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution recognizing and congratulating the Cocoa Tigers 11-12 Little League Majors Baseball Team, including Trevor Harmon, Eric Zarm, Tyler Anderson, Donnie Andrews, Westley Allred, Brett Hardy, Cody White, Kolby Davis, Jordan Holt, Jay Maxner, Tyler Gordon, and Sky Beck, Team Manager Keith Gordon, and Team Coaches J. C. Cowan and Tim Harmon, for winning the Florida State Championship. Motion carried and ordered unanimously.

One of the Team’s coaches expressed appreciation to the Board; stated it has been a long road; the young men have put in a lot of hard work; and they start out early and practice nonstop. He noted there are times they do not want to practice; it has been hard on everyone with the hurricanes; and everything that has been given to the Team from the County, cities, Port Commissioners, and different places has been exceptional. He stated the Team worked extremely hard; there are about 26 teams in the nation that have achieved what the Team has, and approximately 3,600 teams in the United States that try to achieve this level; the Little League World Series is the biggest known sport for youth sports; and it is what the youth try to achieve. He noted it was a goal the Team set four or five years ago; and the Florida State Championship is something that every member of the Team should be proud of.

Commissioner Pritchard presented the Resolution to the Cocoa Tigers 11-12 Little League Majors Baseball Team.

RESOLUTION, RE: RECOGNIZING NORTH MERRITT ISLAND LITTLE LEAGUE
BASEBALL TEAM

Commissioner Pritchard read aloud a resolution recognizing the North Merritt Island Little League Baseball Team.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution recognizing and congratulating North Merritt Island Little League Baseball Team, known as the Gold All Stars, including James Murray, Ryan Kennedy, Mitch Matthias, Derek Noonan, Tyler Papczynski, Freddy Distasio, Kyle Scott, Eric Steele, Nathan Geiger, Daniel Bears, and Matthew Hamelers, Team Manager Steve Scott, and Team Coaches Ron Kennedy, Dan Bears, and Joe Murray, for winning the Sections and taking second place in State finals. Motion carried and ordered unanimously.

One of the Team’s Coaches congratulated the Cocoa Tigers; stated such Team has helped his Team a lot through the years; the parents have done a wonderful job; and the Team consists of wonderful young men. He noted it is probably not satisfied with what it received, but it is delighted to be in second place; the Team will get another chance next year; and most of the boys get another chance for two more years. He expressed appreciation to the Board for the Resolution and what it does for the citizens of Brevard County; stated Team Manager Steve Scott has done a wonderful job; and family members and business people have done an excellent job raising money and helping the Team.

Commissioner Pritchard presented the Resolution to the North Merritt Island Little League Baseball Team.

RESOLUTION, RE: COMMENDING SHALENE SAPP AND GRETA FLETCHER

Commissioner Pritchard stated it is difficult to single out any one person to commend for the many selfless acts performed on behalf of the residents of Brevard County during the ravages of Hurricane Frances; neighbors assisted neighbors, volunteers with the American Red Cross, Salvation Army, VOAD, and many others offered food, shelter, and compassion; and it continues to this day. He noted in the midst of devastation, two women stood out; and as representatives for the entire population, the Board honors Shalene Sapp and Greta Fletcher. He read aloud a resolution commending Shalene Sapp and Greta Fletcher for their dedication during Hurricane Frances.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution commending Shalene Sapp and Greta Fletcher for their dedication and compassion during Hurricane Frances. Motion carried and ordered unanimously.

Chair Higgs expressed appreciation to Ms. Sapp and Ms. Fletcher for their efforts; stated there are lots of people who have given unselfishly; and they are two fine people that the Board was able to recognize.

Shalene Sapp stated she and Ms. Fletcher would do it again; and thanked the Board for the Resolution.

Commissioner Pritchard presented the Resolution to Ms. Sapp and Ms. Fletcher.

RESOLUTION, RE: PROCLAIMING CONSTITUTION WEEK

Chair Higgs read aloud a resolution proclaiming September 17 through 23, 2004 as Constitution Week.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution proclaiming September 17 through 23, 2004 as Constitution Week and encouraging citizens to reaffirm the ideals the framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. Motion carried and ordered unanimously.

Jean Roache, President of Space Coast Regents Council, stated as a member of the Daughters of the American Revolution (DAR), the Council has direct lineage from family members who served the country as patriots from 1776 to 1782; it is proud of its heritage and lineal decent; and that is why it is a protector and proclaimer of the Constitution and what is contained therein. She expressed appreciation to the Board for the Resolution; and on behalf of the Council and its members which are made up of the five DAR Chapters of Brevard County, presented the Board with a medal that was struck by the Sons of the Revolution to honor the Columbia disaster.

Chair Higgs presented the Resolution to Jean Roache.

REPORT, RE: HURRICANE IMPACTS ON ECONOMIC DEVELOPMENT

Chair Higgs stated she requested Lynda Weatherman of the EDC to report to the Board briefly on the actions the EDC has taken in the recovery from the hurricanes; and the Board has talked about the physical recovery, but the fiscal recovery is also very important.

EDC Director Lynda Weatherman stated it has been a couple of weeks since Hurricane Frances; it is so refreshing and comforting to see so many people involved in Brevard County to get it back on its feet; there are programs that have been discussed, developed, designed, implemented, and executed in a matter of days; and it is because there are a lot of people that are involved and focusing on getting the business community off the ground. She noted the organizations are public, private, and non-profit; they have been so focused; if she had to give the name of a book it would be, “The Aftermath of Frances, Hope, Hard Work, and Restoration”; and the EDC, as a partner with the County in the community, has been working very hard in the aftermath of Hurricane Frances to focus primarily on the business community. She stated there are a couple of items coming up, including an Emergency Bridge Loan Funding Program that was recently released on Thursday; she will be talking to the business community; there will be an important workshop on Friday; and there will be an update on what is being done and information to the business community and population in general on important dates that are coming up. Ms. Weatherman noted on September 9, 2004 the EDC had a conference call, along with area-impacted County EDO’s and Governor Bush, talking about how the EDC is going to respond as an economic development agency collectively and what it can do regarding demands on the business community; the focus was restoration of power and particularly availability of emergency bridge loan funding; and at that time, all the funds were used from Hurricane Charley, but no one anticipated another hurricane. She stated part of EDC’s responsibility was to get with Legislators immediately to get them to formally ask for emergency bridge loan funding, which was done on September 10, 2004; the EDC has direct contact with major employers, including KSC, Harris Corporation, Northrop Grumman, and DRS Optronics to discuss what things EDC might be able to do in response to the conditions the companies are in; it conducted an outreach to all Brevard County manufacturers and high-tech businesses to assess the damage, loss of revenue, and employee layoffs; and it was critical for EDC to make the case and being able to get the emergency bridge loan funding, plus it has a handle on any future grants that might become available, and assessing the fiscal impact in the County. She noted the EDC did an outreach with the Chambers of Commerce again to go beyond the manufacturing world to make it eclectic and reach out to all businesses in the community; it is coordinating with the Brevard Workforce Development Board for unemployment assistance, workforce assistance to displaced workers, and companies in need of additional employers; the Job Link announced it is processing 600 claims a day; and it shows the amount of people that are taking advantage of the opportunity of the emergency unemployment insurance, which does not get charged against the employer. Ms. Weatherman stated the critical thing is to have that important information; it is a great program; and it is necessary to make sure individuals get to the right person at the right market. She noted EDC frequently coordinates with FP&L Company to make sure it restores power to manufactured and high-tech businesses, and resumes production as soon as possible; it is working with local manufacturers and high-tech industries to identify temporary facilities and replace those that were damaged; it is working with its consultant, Madison Government Affairs, to further investigate availability of additional infrastructure funds that might become available; and it met with Congressman Weldon to discuss what things can be done. She stated the EDC has continued assessing Brevard County’s manufacturing high-tech businesses for further damages; its web page includes the impact assessment survey; and so far it has received 62 responses. She noted 14 businesses indicated they have minor to no impact to business operations; 11 businesses responded they had some loss of job impacts, although they look to be temporary, primarily due to power outages; 27 businesses responded they had some infrastructure damage, ranging from $1,000 to $500,000; and 33 businesses indicated they will suffer loss in revenue due to Hurricane Frances, ranging from $2,500 to $1.2 million. Ms. Weatherman noted on September 9, 2004, the EDC had its workforce advisor meet with over 30 companies; he is still doing it on a continual basis; he asks companies if there is anything the EDC can do for them; and a lot of information coming back is the loss of revenue due to power outages, maybe having to layoff employees, adding more people, or doing double shifts. She stated it has been critical for the EDC to have its staff on the street visiting companies on a one-on-one basis, even if it was nothing more than a warm handshake and they could talk about what they went through; the EDC hosted a conference call with the Chambers of Commerce to make sure they coordinate efforts, are not redundant, and make the best of the situation; the emergency bridge loan funds just became available on Thursday; and the EDC was appointed by the Governor’s Office as the Logistical Coordinator of the funds. She noted the loans are in the amounts of $1,000 to 25,000; the terms are 90 to 100 days; the loans will be interest-free for companies of 100 employees or more if they suffered capital damage or loss of inventory; and the EDC is working with local banks. She stated if companies are interested in going for an emergency bridge loan fund, Martin, St. Lucie, Indian River, and Brevard Counties have $6 million to share; it is a queuing system; and the quicker the County gets in line and gets the funds out, the quicker the EDC can help the employees. Ms. Weatherman stated there are emergency loan fund applications at the EDC, Chambers of Commerce, every city, the County, other organization, and the EDC’s web page, spacecoastedc.org; businesses can go to their banks; the EDC is working directly with them; and a Loan Application Committee will be in existence until the money is gone. She noted $300,000 of the funding has already been absorbed; if businesses are interested, they need to get to their banks immediately; the banks are very familiar with what is going on; and if not, the banks can call the EDC directly and it can work hand-in-hand with the businesses. She stated the Small Business Disastrous Assistance Workshop will be in coordination with the Small Business Development Center, Cocoa Beach Area Chamber, Melbourne Area Chamber, Greater Palm Bay Area Chamber, and Titusville Area Chamber of Commerce; such Workshop will be held on September 24, 2004, from 8:30 a.m. to 10:00 a.m. at Brevard Community College Cocoa Campus; and expressed appreciation to Tom Gamble, who has waived many of the fees that normally would incur in having such a function. She noted the U.S. Small Business Administration will be in attendance talking about not only emergency bridge loans, but all the long-term loans that are available that companies might take advantage of; Enterprise Florida and the EDC will be there talking about the bridge loan funding; the Florida Agency Workforce Development, along with Brevard Workforce Development Board, will be talking about specialized unemployment compensation; and Small Business Development Center and SCORE will also be in attendance. Ms. Weatherman stated the EDC will have all the information in the newspaper tomorrow.

Commissioner Colon inquired what is the phone number to call for those businesses interested in loans. Ms. Weatherman responded EDC’s phone number is 638-2000 for information on the emergency bridge loan funding; and businesses can download the application on EDC’s webpage, fill it out, and go to their banks.

Commissioner Pritchard inquired does the bridge loan cover residential rental property; with Ms. Weatherman responding no, it is strictly commercial business, capital damage, and inventory if it is food.

DISCUSSION, RE: MOSQUITO ABATEMENT SERVICES

Commissioner Carlson inquired is Chair Higgs going to discuss Massey Services; with Chair Higgs responding no. Commissioner Carlson stated a letter was written to the Chair regarding mosquito abatement services; she does not know if the County Manager wants to discuss the issue of services provided free of charge through Massey Services; she does not know all of the details, but they are offering services to counties impacted; and the letter was copied to Jim Hunt.

County Manager Tom Jenkins stated he just saw the letter late this afternoon; he sent it to staff to process, review, and find out the particulars; and it would be localized mosquito control services at residences as opposed to neighborhood spraying.

CONDOLENCES, RE: ELAINE McCLUNG

Commissioner Colon stated the County lost Elaine McClung on September 19, 2004; she was someone who had given so much to the community, especially with Pet Rescue; she had been battling cancer; and now she is with her maker. She noted prayers are with her husband Bill, son Chip, and daughter Kathy; and her mission and dreams will continue here because there are a lot of folks who are committed to animals in Brevard County.

DISCUSSION, RE: APPRECIATION FOR HURRICANE RELIEF EFFORTS

Commissioner Colon stated one of the things that kept everyone going was their strong faith; and thanked emergency operations personnel, first responders, volunteers, power crews, and the thousands of folks who have worked around the clock. She noted Brevard Community College Palm Bay campus was kind enough to let FEMA have a community town meeting where a lot of information was given; if someone who is struggling and needs to protect his or her roof, he or she can call Army Corps of Engineers at 1-888-766-3258; it is able to put up roof tarps; and there are two disaster recovery centers in Brevard County-the Job Link on Babcock Street, from 8:00 a.m. to 8:00 p.m. seven days a week, and the Goodings Shopping Center in Indian Harbour Beach, from 8:00 a.m. to 8:00 p.m. seven days a week. She noted a lot of call centers for FEMA are in Texas and a lot of places; one tip is to call very early in the morning or very late at night in order to get through; the different agencies at recovery centers include the Crisis Council for those who are having emotional problems and distress, Small Business Administration for those small businesses that need to get on their feet, Florida State Department Elder Affairs, Florida State Department of Financial Services for those people having problems with insurance companies, Department of Veterans Affairs, IRS, Social Security Administration, FEMA, Army Corps of Engineers, and Unemployment Compensation. Commissioner Colon stated it is important that folks go there prepared; they need to come with all the information that is crucial regarding their properties; there is aid for people for temporary employment; and each municipality is unique in terms of waiving of permits. She noted the County is encouraging people to call their municipalities; the unincorporated areas of the County are different from Melbourne, Indian Harbour Beach, etc.; folks at the recovery centers are from all over the country; and there are about 25 of them. She stated the County wants to make sure this information is constantly put on SCGTV so the citizens have it; and it is better for people to show up in person and fill out the information rather than calling on the phone.

CHANGE ORDER NO. 4 WITH SANTA CRUZ CONSTRUCTION, INC., RE: RIVERWALK, A
FAMILY PARK PROJECT

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Change Order No. 4 with Santa Cruz Construction, Inc., for Phase 2 Improvements at Riverwalk, A Family Park, in the amount of $74,442. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION, RE: FEDERAL TRANSIT ADMINISTRATION
GRANT

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution and approve Grant Application to the Federal Transit Administration for $263,160; and authorize the Chair to execute follow-up Grant Agreement, contingent upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: REIMBURSEMENT OF
COSTS TO RELOCATE UTILITY LINES AT VETERANS’ MEMORIAL PIER

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Florida Power & Light Company agreeing to reimburse it for any relocation costs associated with its underground utility lines located west of Max Brewer Causeway Bridge in the vicinity of Veterans’ Memorial Pier if future revision of the Causeway Bridge requires the lines to be relocated a second time. Motion carried and ordered unanimously.

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

Budget Director Dennis Rogero advised the FY 2004-2005 aggregate rolled back rate is 6.7572 mills; and the FY 2004-2005 aggregate tentative millage rate is 6.9598 mills, which represents a 5.98% reduction from the FY 2003-2004 aggregate millage rate, and a 3% increase over the FY 2004-2005 aggregate rolled back rate.

PUBLIC HEARING, RE: FY 2004-2005 TENTATIVE COUNTY BUDGET

Chair Higgs called for the public hearing to consider the FY 2004-2005 Tentative County Budget.

Bea Polk stated the Property Appraiser makes $128,578 and is not even present for the people to ask questions about his budget; she does not know what has happened to America, but it is lacking; she wants to know what the County is giving to the Property Appraiser for his budget; and inquired is it $6,740,200.22 or $8,686,989, which the Property Appraiser submitted to DOR. She noted every year she fusses because DOR approves a budget that it does not pay; the taxpayers pay it; no one here cares what happens; and Tallahassee does not care either. She inquired is there any way that someone can go through the budgets and explain to the public the salaries and things that go on. She stated for one office, one director makes over $55,000; one manager makes $33,000 and only has two people working for him; in management, taxpayers pay a lot in retirements; another director makes $73,528; and another manager makes nearly $59,000 with only two people working for him. She inquired if the Board owned a business, would it operate this way; stated it would go broke because it would not have the money that the taxpayers give it; and inquired how much did the Property Appraiser’s budget increase from last year and does it include the salaries. Ms. Polk stated the worksheet indicates a 0% increase, yet it is $8,686,989; the State says the Board is responsible for the Property Appraiser’s budget; the State approves such budget; and the Board can do something about it, but it tells her it cannot do anything. She noted it indicated it tried to do something one year; however, the Board has never objected to the Property Appraiser’s budget; there is no record in Tallahassee; and last year she brought the Board information on which counties objected to property appraisers’ budget, but Brevard County was not one of them. She inquired when is the Board going to review the Constitutional Officers’ budgets; stated they are paid by the taxpayers; the Board approves the budgets; and it is responsible for it, not DOR. She inquired why should DOR care; stated it does not come out of its pocket; it comes out of Brevard taxpayers’ pockets; and a man making $128,578 does not even appear at tonight’s budget hearing. She noted last year the Board requested the Property Appraiser attend a budget hearing, but he refused; he is paid by the taxpayers; his assistant makes $108,291; and inquired when is the Board going to review the budget. She stated no one cares what happens to the taxpayers; and it is one of the Board’s responsibilities.

Assistant County Manager Stockton Whitten stated the $8.6 million is the Property Appraiser’s DOR-approved budget for FY 2004-2005; and the Board pays $6.74 million of the $8.6 million.

Chair Higgs inquired does the $6.74 million include any salary increases; with Mr. Whitten responding no. Mr. Whitten stated those will be transferred as they are approved by the DOR. Chair Higgs noted there could be an increase in the budget that is not represented in the budget shown today. Mr. Whitten responded that is correct.

Commissioner Carlson requested clarification on what this Board has done and previous Commissions have done in terms of querying the Property Appraiser on various issues regarding his budget.

County Manager Tom Jenkins responded the process is the Property Appraiser submits his budget to the FDOR; it reviews it, basically approves it, and sends it to the Board; if the Board takes exception to such budget then it has the right to appeal it to the Florida Administrative organization which, in essence, is the Florida Cabinet; and the Property Appraiser’s budget, except for the salary increases, which are not there, was not increased this year. Mr. Whitten noted that is correct; and the General Fund transfer is a 0% increase.

Chair Higgs inquired how much will the salaries be when they are put into the budget; with Mr. Jenkins responding the same as everybody else is getting. Chair Higgs inquired what will it show as an increase; with Mr. Whitten responding he does not think it will be 1% of the budget.

Kristin Bakke, representing Leadership Brevard, stated the Organization spoke to the Board not too long ago about Brevard Tomorrow and its need for the Board’s continued financial support; it acknowledges the Board’s commitment of July 22, 2004 to continue funding and thanks it for that; Brevard Tomorrow is about possibilities; and it has listened to the Board’s suggestions about communications and inclusiveness. She noted one strategy has been to craft an agreement with Brighthouse Networks to air 100 public service announcements per month about Brevard Tomorrow; the first in the series is complete, thanks to its partners, Nicodemus Communications Group, and A Cut Above Video Services; and Leadership Brevard would like to preview it with the Board tonight, with technical assistance from SCGTV staff. A video presentation of Brevard Tomorrow was made to the Board and public. She stated the County will start seeing the PSA’s on a regular basis this fall; there are a number of other community leaders, in addition to Lieutenant Governor Toni Jennings, who are a part of the public awareness series; and she would like to share a couple of quotes with the Board from a few of them. Ms. Bakke stated when asked to comment on the potential of Brevard Tomorrow, Mike Coleman said, “I think Brevard Tomorrow can be an outstanding catalyst for the growth and development of this community, growth and development in a way that pleases its citizens, its socioeconomic structure, provides a healthy environment for not only businesses to grow, but the entire educational aspect to the County. It’s an opportunity to develop the assets, both human and physical of this community.” She noted Howard Lance, who is the CEO of Harris Corporation, said “Brevard Tomorrow is critical to the future of our County. It is a collaboration of local government, the community, involved individuals, and small and large businesses coming together to create a shared vision. Brevard Tomorrow has tremendous potential for all the residents who live here.” She stated Rodney Ketchum, Business Leader and Port Commissioner, said “The real value of Brevard Tomorrow is to pull people together. It is going to be a long and tedious job, but it can be done and this group has the enthusiasm and commitment to get it done.” Ms. Bakke stated the challenges facing the community have been a little more daunting thanks to the natural disasters of Hurricanes Charley and Frances; however, now is not the time to reduce support of an initiative that has the goal of bringing the community together to make changes for long-term impact; a plan for success is in place and Leadership Brevard needs the Board’s continued commitment of resources to make the vision a reality; and on behalf of its Board of Directors and its Chairman Suzanne Sparling, thanked the Board for its continued consideration.

Dr. Thomas Gamble, representing Brevard Community College (BCC), stated BCC supports Brevard Tomorrow; it is a project that began several years ago; what has impressed him the most about it is the inclusiveness of the involvement across the entire County in this effort that looks at the future; and even though emergencies have come up during the hurricane season, they come up every year. He noted Brevard Tomorrow is about the future of Brevard County; if it does not grab a hold of the future and plan it, it is going to just happen; the County can look at other communities around the State that let it just happen; and now is the time to support this effort. He stated it is a very small portion of the total budget; and urged the Board to recognize the involvement of the community and the effort, and to continue its support of Brevard Tomorrow so the County has a future.

Chair Higgs thanked Dr. Gamble for serving the community with BCC as one of the shelters. Dr. Gamble stated BCC was glad to be there.

Commissioner Carlson stated it is indicative the way the County responded to the emergencies how important it is that it cannot just let things happen; they have to be well planned; from the Brevard Tomorrow perspective, the County cannot afford to just let things happen and needs to plan for the future; and the Emergency Management Office was well equipped to plan. She noted she appreciates Dr. Gamble and Ms. Bakke being here this evening; Brevard Tomorrow is definitely the County’s future; it cannot say it cannot fund something that incidental at this point in time and with a very large budget; and it needs to go forward and continue progressing as it has. She stated she appreciates everyone who has been involved in the process; and they have done a great job.

Geo Ropert, representing Leadership Brevard, stated he has been on the Leadership Brevard Board since the inception of Brevard Tomorrow and has watched it grow; it took much deliberation by the community leaders and those members who sit on the Board of Leadership Brevard; and such Board decided to support Brevard Tomorrow because there is so much that needs to be done to make sure the County’s preferred future is secure. He noted it was an unprecedented move by Leadership Brevard to take on a role such as Brevard Tomorrow, but it has done a very good job with it; Brevard Tomorrow itself has done a very good job in starting to focus the whole community toward what it is looking at and what everyone agrees is the best for the County; he has watched Brevard Tomorrow grow; and it is starting to see the results of the workshops. He stated with public service announcements it is going to do a great deal to increase awareness of the average citizens so they can believe a little bit more about what Brevard Tomorrow is doing; events of the recent past have made everyone aware of the need to have services centralized, being able to communicate to each other from one end of the County to the other, to get rid of those geographical separations, and to work more as one single community; if there is a sustainable hit to particular business sectors, there needs to be a workforce, working organizations, and businesses that can absorb that; and if there is a hit on tourism, there needs to be something else to back it up and other businesses in the economy. Mr. Ropert stated there needs to be the government infrastructure that can attend to the populous and the natural resources that can adapt to the environmental changes that happen during a storm of this magnitude; the community needs to continue to work together on all these efforts; and the Board’s continued support of Brevard Tomorrow is going to insure that.

Kay Burk, representing Brevard Cultural Alliance (BCA), expressed appreciation to the Board for its past support and urged its continued support for the arts and cultural community; stated it has been a difficult time for everyone; part of people’s quality of life depends on a healthy arts and cultural community; and it too has been wounded in the recent storms. She requested the Board’s continued assistance in funding the BCA as presented in the budget; stated the BCA was contacted today by the Florida Department of State and offered a guide to help it hopefully access national endowment for the arts through a hurricane recovery guide, which will be helpful to the arts and cultural groups and maybe even the BCA in accessing resources to help groups that qualify; BCA will make every effort to utilize the guide in every way it can to help cultural groups; and it is a time for everyone to pull together during this difficult time with the hurricanes.

The meeting recessed at 7:17 p.m. and reconvened at 7:29 p.m.

PUBLIC HEARING, RE: APPROVAL OF EACH MILLAGE AND ANNOUNCEMENT OF
RECOMPUTED AGGREGATE MILLAGE FOR FY 2004-2005

Chair Higgs called for the public hearing on the tentative millages and budgets for FY 2004-2005.

Commissioner Scarborough stated the Board received a written report at its request at the workshop on health insurance; and staff has a powerpoint presentation for the Board.

Human Resources Director Frank Abbate stated he was asked to prepare a brief powerpoint presentation addressing options before the Board relating to group health insurance funding alternatives; the options presented tonight have been developed based on input provided by Board members at the previous group health insurance workshop; he will be addressing two options relating to employee retiree premium strategies; and requested the Board consider adopting either the Employee Benefits and Insurance Advisory Committee’s proposal or the revision to the proposal sent out August 30, 2004 as option 1. He noted staff will be presenting a separate option that would provide a salary adjustment to lower paid employees; the intent of the option would be to offset premium increases for lower paid employees in either of the two premium strategies being presented; staff is requesting the Board consider whether or not it wishes to include the salary adjusted option in combination with either of the premium strategies being presented; and the Employee Benefits and Insurance Advisory Committee’s recommendation is the first premium strategy staff will be highlighting. He stated as initially proposed in the County Manager’s tentative budget, this strategy establishes a projected group health insurance employer increase at $1.8 million; and that recommendation also provides for approximately a $1 million increase in employee/retiree premium contributions and a $759,000 increase in employee/retiree out-of-pocket expenses.

Mr. Abbate noted out-of-pocket expenses include front-end costs paid by plan members, such as hospital, in-patient, co-payment increases, specialist visit co-payment increases, and out-patient co-payment increases; the second employee/retiree premium strategy prepared for the Board’s consideration is identified as option 1; this premium strategy reduces premium increases so that no increase for employees with multiple dependents exceeds the COLA increase for lower paid employees; and the most significant impact of this premium strategy is that it reduces retiree premium increases so that no premium increase exceeds the average FRS COLA increase of $288.00. He stated the estimated additional ad valorem impact of adopting this strategy is $160,000; and the next slide compares the annual impact between the Board adopting the Employee Benefits and Insurance Advisory Committee’s recommendation and the alternative premium option 1 strategy that was just outlined. He stated the final option being presented to the Board this evening is identified as option 2; option 2 would provide a $208.00 salary adjustment to lower paid employees, those under $30,000, to cover the $180.00 per year premium increase that all employees are receiving; and the ad valorem impact of this option is $121,827. He stated the next slide provides an annual impact analysis of option 2; the annual fiscal impact to employees ranges from $180.00 to $509.00 annually; and if Option 2 is adopted, along with the Committee’s recommendation, the annual fiscal impact to employees would range from a net gain of $28.00 to an additional cost of $301.00. Mr. Abbate stated the annual fiscal impact to employees, if the Board adopts option 1, ranges from $180.00 to $216.00; if the option 2 salary adjustment is adopted along with option 1 premium strategy, the annual fiscal impact to lower paid employees, those earning under $30,000, would range from a net gain of $28.00 to an additional cost of $8.00; employees earning over $30,000 would see increases ranging from $180.00 to $216.00 under option 1; and his Office was asked to present additional information relating to employees’ salaries and Brevard County household income data that was previously presented. Mr. Abbate noted in presenting this information, it is important to point out that comparing household incomes with employees’ salaries is not a valid comparison; comparing median household incomes to mean or average employees’ salaries is a less valid comparison; for Brevard County, the 2003 mean average household income was $51,704; the 2003 median household income was $41,087; for Board employees, the 2004 mean or average employee salary is $31,017; and the 2004 median employee salary for all employees is $29,391. Mr. Abbate stated for retirees, the mean or average FRS benefit is $9,598 annually; the median FRS benefit is $7,226; the average FRS health insurance subsidy is an additional $900.00 per year; and staff does not have figures on what retiree’s social security or other incomes might be.

Commissioner Pritchard inquired is Mr. Abbate talking about retirees under age 65 or over age 65; with Mr. Abbate responding a combination of all County retirees over and under age 65. Commissioner Pritchard inquired does staff find that the over age 65 makes considerably less money than the under age 65; with Mr. Abbate responding he would have to break it out by the two groups; and the information he has now is in aggregate form. Commissioner Pritchard inquired do retirees receive a COLA; with Mr. Abbate responding yes, 3% a year, which is the $288.00 average based on 15 years and the Countywide average for retiree FRS pension benefits. Commissioner Pritchard noted it is 3% to all retirees. Mr. Abbate stated whatever their benefit is, it is 3% of that amount.

Commissioner Scarborough stated the County is looking in some categories of increases in premiums that would reduce the amount of revenue to the employee by one-third. Mr. Abbate noted that is correct with a number of the alternatives, including those employees that have multiple dependents; and it could increase by over $3,000. Commissioner Scarborough stated that was one of the reasons why the Board asked for the report to see how it could be impacting people; the radio or television mentioned nationally how retirees are going to be impacted by changes in the federal law dealing with Medicare; and inquired does staff have any information on those impacts and how there is going to be a diminishment of all retirees level of income because of actions at the federal level. Mr. Abbate responded he read an article about that this morning, but he does not have specific information on it at this time. Commissioner Scarborough stated if certain trends come back in, such as inflation, these people are locked in; there will be County employees who are in very dire straits; and he is concerned about it.

Commissioner Pritchard stated the recommendation made by the Employee Benefits and Insurance Advisory Committee was going to save the County approximately $1 million. Mr. Abbate responded the County anticipated additional costs to the Group Health Insurance Plan of 12%; it would have been approximately $3.6 million; the Committee’s recommendation split half of that cost; and $1.76 million would be borne by employees, retirees, and dependents. He stated $1 million of that would be increases to premiums; and the other $759,000 would be in a cost shift of expenses on the front end in terms of additional co-payments.

Commissioner Pritchard inquired is the cost shift primarily for the retired employees; with Mr. Abbate responding no. Mr. Abbate stated the cost shift is primarily to HMO participants; and most retirees are not HMO participants, but PPO participants. He inquired if the County were to adopt the Committee’s recommendation, but do some shifting so that it did not impact the employee to this degree, is he then looking at option 1; with Mr. Abbate responding yes. Commissioner Pritchard stated his concern is whether or not County employees are paid at a level commensurate with the rest of the private sector, if they are in the 75th percentile, or wherever they may lie; and the numbers staff shows here differ from other numbers he has seen. Mr. Abbate stated the numbers he has shown are not comparisons with other employers; they were household median and mean numbers; he does not believe it is a real valid comparison; and they were offered because additional information was previously provided to the Board, and staff wanted to make sure it had the average and median numbers. Commissioner Pritchard stated the mean or median numbers the Board had seen for Countywide employment was slightly skewed by the other charts he had seen; he wants to have a workshop in October 2004; but what the Board is going to have to do tonight it will live with for next year; and as part of the workshop in October 2004, the data can be accurately reflected so the Board knows what its employees are paid and compares it to the private sector on a like basis. He noted he wants to find out why the County has folks gravitate to it for employment and what it is doing in terms of providing them with adequate compensation.

Chair Higgs inquired what would be the cost for the 12 civilian positions at the jail that were not funded; with Assistant County Manager Stockton Whitten responding $181,000. Chair Higgs stated before the Board can set the General Fund millage or budgets, it needs to decide if it is going to recognize the revenue it will have from the FPL renegotiated franchise fee and how it wants to deal with it.

Commissioner Carlson stated it is her understanding that the County should be getting a franchise agreement with FPL by the end of the week.

County Manager Tom Jenkins stated Chair Higgs talked to FPL and the agreement will be ready sometime this week or early next week.

Commissioner Carlson stated it would be prudent to include both in the discussions since the Board has plenty of needs it could identify; and it would be better to identify them now than to have to go through this exercise again after-the-fact.

Commissioner Scarborough stated Steve Burdett talked to his office about his concerns regarding the numbers that would be generated through the new contract; and requested Mr. Burdett elaborate on it.

Finance Director Steve Burdett stated it develops some concern if the Board projects revenue on a contract that has not been executed yet. Commissioner Scarborough stated there are manners in which the Board can handle it in the way it proceeds; to some extent Mr. Jenkins has addressed it with monies that are there and monies that would be forthcoming; and he thought Mr. Burdett’s concern was that the County did not have any certainty as to the exact amount. Mr. Burdett noted that is a concern too; he has not seen what the assumptions are and how the $2.7 million or so was derived.

Mr. Jenkins stated that number was provided to the County by FPL. Commissioner Scarborough inquired does Mr. Jenkins feel fairly comfortable with the number. Mr. Jenkins responded FPL understands the current methodology probably better than anybody else; and it took the revised methodology and came up with that estimate. Commissioner Carlson stated the memo from Mr. Jenkins dated September 17, 2004 has it laid out as far as the specific items of interest, including the communication service tax, hurricane reserve, jail, employee health insurance, and a myriad of projects under FPL; if the Board can decide it is okay once the contract comes in and the $2.7 million for FPL franchise is accurate, then it should be able to solve those issues now versus having to come back; and if the number proves not to be accurate, the Board can handle it at that point. Commissioner Scarborough stated he had some concerns at the last meeting, but believes it can be handled and structured within the realm of there are funds that are contingent upon.

Chair Higgs stated she agrees with Commissioner Scarborough that the Board can move forward on it; it can proceed to talk about the allocations; she is concerned about the Traffic Shop that has emerged recently in moving from Merritt Island to the Central Mainland; and it has been in that location for years. She noted it cannot be achieved in moving it in the amount of time this year since nothing has been done; she wants to reallocate at least $181,000 of those funds to fulfill the request for personnel at the jail; the Board should hold the additional monies that were allocated on the project and use it toward other capital needs at the jail; and the project has not been discussed by the Board. She stated the County has no indication of what that is going to be; it is looking at a 15-year financing at $325,000; it is looking at $4.5 million or $5 million; and reiterated the project has not been discussed. Commissioner Scarborough inquired where is the $4.5 million or $5 million; with Chair Higgs responding it is 15-year financing at $235,000, which is a lot of money. Chair Higgs stated it cannot occur this year; and she would not want to see the Board move forward with it.

Commissioner Pritchard stated Mila Elementary School’s baseball fields cannot move forward until the buses are taken out of the School’s parking lot; initially it was proposed to move them onto the property at Fortenberry Road and Plumosa Avenue, which is a prime piece of real estate that should be on the tax roll; Mr. Jenkins has provided the analysis of what kind of money that could generate; and it is a vacant parcel and is not going to work. He noted the buses need to be moved from the School in order to construct the referendum projects; one of the alternatives is to relocate the buses from the School and Edgewood Junior/Senior High School to the Cone Road facility where Parks and Recreation, Road and Bridge, and the Traffic Signalization Shop are located; by moving the Shop, the County could move Road and Bridge to that facility; half of Road and Bridge’s territory could be used for school bus parking; and he has a meeting on Thursday with Dr. DiPatri and others to discuss the issues. He stated if the County does not move the Sign Shop, then the buses cannot be moved; if they cannot be moved, then the park cannot be built; and if the park cannot be built, then he is defrauding the voters who supported paying for the MSTU.

Chair Higgs suggested the buses be moved to the Fortenberry site. Commissioner Pritchard stated it is a valuable piece of property and needs to be on the tax roll; the $181,000 in additional funding is a phased-in project; the new Sheriff will have other plans and proposals; and the Board does not need to earmark everything based on current dollars. He noted a lot of this is going to be done with in-house money and through some innovative programs. Chair Higgs stated she does not believe that is going to occur; she knows the proposal that has been discussed by at least one of the leading candidates; he is going to have to have money; and there is no question about the staffing needs. She noted the Board needs to move forward; the County has a $500,000 piece of property that may or may not sell for that; it is going to ask for a $5 million expenditure because Commissioner Pritchard wants to sell that piece of property; and it is a whole separate entity. Commissioner Pritchard stated he agrees the Board needs to move forward, but it needs to move the buses to the appropriate location, not something that is interim; the relationship also deals with the School Board and what part of it that it is going to become involved with; and taking $181,000 is not really going to do much of anything for the jail funding and the Sheriff’s budget, which is at several hundred million dollars. Chair Higgs stated the $181,000 fulfills the staffing needs at the jail.

Clerk of Courts Scott Ellis inquired if the $325,000 is a recurring expense if the County does the commercial paper, and is it 15 years’ worth of debt. Chair Higgs responded the proposal says 15 years, $325,000 a year coming out of the revenues from FPL franchise fee.

Mr. Jenkins stated it would be a recurring funding source from FPL revenues; it would be based on utilizing commercial paper financing; the $325,000 may be on the high side; and there was a little bit of cushion built into the number to make sure it was adequately addressed. He noted based on current cost projections, he believes it will be a little bit less than that, particularly if the County uses commercial paper, which has a 3.5% average interest rate; but it is a recurring cost.

Commissioner Scarborough inquired is it recurring for 15 years; with Mr. Jenkins responding some amount and he believes it would be less than $325,000. Mr. Ellis inquired is it recurring 15 years at $1.5 million; with Mr. Jenkins responding no. Mr. Ellis stated dealing with the FPL fees, some of the expenses appear to be recurring and some are one-time expenditures; the problem may be that future commissioners may not like the way the Board has done the recurring expenditures; and it is a word of caution.

Chair Higgs stated the Board bonds things all the time that people may not like in the future. Mr. Ellis noted commercial paper is not a bond. Chair Higgs stated she understands that, but action is taken all the time that people in the future may not like; and that is what happens.

Chair Higgs stated the Board needs to decide if it is going to allocate the FPL and communication services tax.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve allocation of the FPL and communication services tax. Motion carried and ordered; Commissioners Pritchard and Colon voted nay.

Commissioner Scarborough stated Commissioner Pritchard has an interest in relocation of the Traffic Engineering Shop; Chair Higgs has an interest in the movement of more funds to fund the full civilian positions at the jail; and inquired are there other issues to come before the Board before it moves forward.

Commissioner Carlson stated she wanted to weigh in on the issue of moving Traffic Engineering and a general issue that she is not sure the County needs to allocate all of these dollars right this moment; it has $5.27 million if it looks at FPL and communication services tax; although she agrees Traffic Engineering probably needs to move so the Parks and Recreation issue can be dealt with, she also has concerns about the infrastructure needs at the jail; and she does not have a problem reserving the $181,000, but would like to reserve it so that once the County gets the Carter Goble study back and a Sheriff in, the Board can make a more accurate decision on what exactly it needs for the jail; and it is the top priority of the Board.

Commissioner Scarborough stated Melbourne is unique and is the corporate headquarters for Harris Corporation; the County has the opportunity to move with TRDA and do an incubator with the universities; he thought it was a good idea because a lot of things like this can lead to issues that the County cannot imagine; he talked to Frank Kenney; and the $200,000 is not a magic number. He inquired if there are some monies available, could the County put some monies to make a statement that it thinks the incubator in Melbourne is worthy of the Board’s support. Chair Higgs responded she is not going to vote for that tonight. Commissioner Scarborough stated there are some unique things in the County; and if it fails to put itself in the right posture, over time it will not find opportunities coming its way that could have.

Commissioner Carlson stated she noticed TRDA was not on the list, but did notice the EDC’s Space Industry Development Initiative. Commissioner Scarborough stated he has struggled with this for a long time; in the 1950’s and 1960’s, Brevard County was the fastest-growing County in the nation; in the late 1960’s it had the ending of the Apollo Program; and the Wall Street Journal had articles that Brevard County was the place to come because everything was in foreclosure. He noted when Senator Nelson was here a few weeks ago, he expressed some concern there may be a hiatus again; the hiatus was between the Apollo and the shuttle; there are questions as to the overall restructuring of NASA; and there is a lot of activity going on. He stated when Jim Kennedy was here, he gave the Board data on the magnitude of it; the comment he is getting is while it is very important that the County support BRAC and PAFB, dollar for dollar the elephant is KSC; that can have a profound impact; and all is not good on the horizon. He noted he cannot vote for a budget that does not include that.

Chair Higgs stated she will vote for the item, but she is not going to support additional funding for the incubator; in looking at the budget and allocations, she has tried to weigh what she thinks are the most important and not just certain things that tweak her interest, but to balance across-the-board; the Pineda Causeway is a big-ticket item, but the County needs to move forward; and she understands the concerns about employee health insurance and the need to repair roofs. She reiterated she has tried to balance the issues; she feels very strongly in regard to personnel at the jail; the item she has been talking about has not been properly discussed; and it is a $4.5 million or $5 million decision. She noted Commissioner Carlson points out the infrastructure needs that the County is going to see from the Carter Goble study; the County should not allocate those funds to that change at this point in time; it does not have to be done today and can go forward later; but for her to vote for the budget she wants the full number of personnel.

Commissioner Carlson stated during the process that was identified for the CST dollars, the County is only using nine months instead of 12 months; there are additional dollars that will become available that have not been analyzed at this point in time; she would like to see some money for TRDA to show that the Board’s interest is there; and it is critical. She noted the EDC has done an excellent job at trying to grow the economy and diversify it so that if NASA has a setback, the County has something else to fall back on.

Commissioner Scarborough stated the County cannot offset that as it is so mammoth; and it will profoundly change everything Brevard County is. Commissioner Carlson stated she understands that, but at least the County is putting some money into the EDC; and it is doing everything it can to develop new business. Commissioner Scarborough noted that is why he would like to see the incubator. Commissioner Carlson stated they all work hand-in-hand; she supports what Commissioner Scarborough is talking about; she saw the write-up from Lynda Weatherman, which described the initiative and made a lot of sense; and Commissioner Scarborough has had that issue on the table many times. She noted she also supports looking at some dollars for TRDA; and the Board probably needs to talk about some of the other things that are in the budget right now, which are new.

Chair Higgs stated the number the County is projecting for the hurricanes of 12% may be a bigger number than the $1.2 million; and it is another thing the Board needs to think about.

Commissioner Carlson stated there is $1.12 million coming out of the CST funds, there is $1.12 million; Mr. Jenkins indicated at the beginning of the meeting that it was around $2.4 million or $2.5 million; there is also a footnote that additional General Fund dollars from the Clerk’s budget reduction are also available for this need; and inquired is the reduction a one-time thing, and what is the County doing for the additional dollars.

Mr. Jenkins responded the net reduction is slightly over $400,000; and those monies are General Fund dollars that potentially could be available to offset some of the additional costs. He stated in terms of the hurricane costs, the County will charge back to the various Enterprise Funds and Special Revenue Funds as much as it can, but the costs will exceed their capacity; and the County may have to augment Special Revenue Funds, Enterprise Funds, etc. based on some of the expenses.

Commissioner Pritchard inquired what else is involved at the Traffic Engineering Shop, and the Supervisor of Election’s warehouse. Mr. Jenkins responded that was the original plan, but he decided not to go that route because the other option was less expensive and more expedient; the County would try to find a piece of property in the Lake Drive complex and simply relocate Traffic Engineering Shop to the I-95 and S.R. 520 corner so it would be closer to the geographic center, have better access, not have to evacuate during hurricanes, and is closer to the FDOT fiber optic system. Commissioner Pritchard stated it would be $325,000 per year with 15-year financing. Mr. Jenkins noted that is correct and the financing rate is about 3.5%; it is only an estimate; the number could be a little less than that; but it is going to be in the $300,000 range per year. Commissioner Pritchard stated it would give the County better utilization of the Cone Road property by moving resources around, as well as creating a central location for the bus depot; the School Board should be buying into this; there are two locations on Merritt Island, which could be placed on the tax roll at a much higher rate; and inquired what were the dollars staff had figured for the three-story professional office building in terms of tax return. Mr. Jenkins responded about $15,000 for the County and for the School Board too. Commissioner Pritchard stated there is also another parcel that the School Board uses across from Edgewood Junior/Senior High School; such parcel is being leased; if it becomes developed, which it should as it is behind a major shopping center, it would also most likely generate around $15,000; so there would be a $30,000 return; and the School Board should come forward with its part of this effort because the County is going to create a central facility for it. He inquired how much money has the County allocated for jail expansion between personnel and capital improvement. Chair Higgs responded the Board has not committed to anything other than the impact fee; it has not committed it, but said it would use the impact fee.

Mr. Jenkins stated if the Board goes with the proposal, including the additional positions he submitted in his outlined, it would be a total of 95 positions; there are 56 positions currently programmed into the budget; he added to it, for a total of 95 positions; and the Board has committed to building a 200-bed dormitory, using correctional impact fees. He noted it is waiting for the consultant study before going forward.

Commissioner Pritchard stated Chair Higgs talked about $181,000 needed to fund additional deputies; the Board has already made a significant contribution toward improvement of the jail facilities; Commander Futch has come up with innovative ideas as to what he would like to see done; and the new Sheriff will be doing the same. He noted he does not want to see something not happen because the County is making an over-commitment for $181,000, and it cannot do what needs to be done in terms of the parks referendum, proper allocation of County facilities, and restoring some property to the tax rolls to help pay for things the County tends to add back into the collective tax package, which keeps hammering on the citizenry every year; and it needs to come up with another revenue stream, which is to restore some properties to the tax roll. Chair Higgs stated Commissioner Pritchard is talking about a $15,000 revenue from property taxes on a building that might be built there against a $4.5 million expenditure; and $15,000 a year is going to take a long time to realize a breakeven point on that piece of property.

Commissioner Pritchard stated he has buses that need to go, parks that need to be built, and other things that need to be done. Chair Higgs noted there are other solutions. Commissioner Pritchard stated Chair Higgs is talking about trying to get 100 plus percent on a jail funding without even looking into what Carter Goble has to say or the new Sheriff. Chair Higgs noted that is not true.

Commissioner Carlson stated the Board needs to wait and see; it does not mean it is not going to allocate some dollars to the problems Commissioner Pritchard has; obviously, those are problems that need to be dealt with; but by waiting and seeing, and not making the decision tonight, helps the Board get more needed information to make a better decision. She noted there may be other more creative solutions that are not going to cost $5 million for this move; she would like to see more depth and analysis in what the County is doing with the money; that is the problem she is having with it today and needs more information; so she is not ready to vote for it.

Chair Higgs stated there are two separate issues; the Board has committed to a 250-bed facility, depending on the Carter Goble study; it knows it is going to have to do something in terms of space in the existing facility; there are two analyses, and one is two or three years old that said 60 beds were needed in the main jail, and it did not even deal with the other part. She noted the Board needs to allocate the full number of personnel to the overcrowded jail, then it needs to set aside financial arrangements so there is flexibility once the County gets the Carter Goble study and a new Sheriff; one of the candidates has said he wants to build a 500-bed dormitory; but the infrastructure also needs to be in place. She stated she believes General Revenue funds is going to be the only resource the County is going to have to pick from, so it should not commit the funds now.

Commissioner Scarborough stated Commissioner Pritchard needs to explain to the Board why $4.5 million is well spent; if one just reads what it says here about moving the Traffic Engineering Shop from Merritt Island to the Central Mainland, it does not jump out at him as something of a critical nature at that level of funding; and inquired why is it so critically important. He noted the expenditure of $4.5 million from General Revenue funds to make a park referendum work is a major commitment that the Board has not done before. Commissioner Pritchard stated it is more than that; it is a partnership with the School Board to create a facility for it that it desperately needs; the County does not know what the School Board is going to bring to the table; and he has a meeting on Thursday where he will find out more information from it and what it is willing to contribute so it has a single facility instead of two partial facilities. He noted in looking at correctional officer positions, there are a lot of positions that are vacant; and inquired when Commander Futch says he needs “x” number of correctional officers, is he talking about in addition to the vacant positions as the current correctional officers are having to work overtime to cover the positions that are vacant.

Commander Greg Futch responded no; and the officers are currently working mandatory overtime and have been for two years to cover the lack of positions that currently are not there.

Commissioner Pritchard stated the information he is looking at shows six correctional officers listed as vacant, but it shows they are funded. Commander Futch stated right now there are six current vacancies that are funded; there are a number of people being sworn in on Monday; those numbers fluctuate regularly through attrition; and the Sheriff’s Office hires and loses people fairly regularly.

Commissioner Carlson inquired does the Board want her to talk about the Pineda Extension or does it understand all of it. Chair Higgs stated she understands. Commissioner Scarborough stated he may not understand everything about it, but he has a commitment to see it happen; and if Commissioner Carlson has a way to make it happen, he can learn about it. He stated unlike $4.5 million to move the Shop, he understands and has sat through many tedious meetings on the Pineda Extension; and the Board needs to do something. Commissioner Carlson stated the only reason the County can get by on $1.5 million from the $2 million it did previously is if it goes for commercial paper; the interest rates are low; if the County can do it for a certain number of years, it can get the amount of money it needs to actually build the facility in a way that is the most effective and efficient; and the actual interchange itself has been a huge effort by DOT, The Viera Company, her office, and County staff to try to cobble together the money required for the interchange, which is set at $16 million. She noted it is a set price that DOT can guarantee; it requires that it needs to happen so it can coordinate with the widening of I-95; the rest of the Causeway extension runs about $20.9 million; and it is for a four-lane facility, which is the best, most efficient, effective way to build the facility from U.S. 1 to I-95. Commissioner Carlson stated there are funding ways; the only way the County can manage $1.5 million is to do commercial paper from the Florida Local Government Finance Commission; it has done that sort of thing before; and the current rate is 1.7%, which is very low, but the highest rate that it has ever gotten to in the last 13-year history of commercial paper is 3.4%, which is still lower than if the County bonded it. She noted if the Board is going to go with this, she would like to make a motion as well that it is able to go ahead with commercial paper.

Chair Higgs stated she does not know if the Board has that capacity tonight. Commissioner Carlson noted the capacity issue can be answered in regard to the identified revenue source that the debt can be paid out of.

Assistant County Manager Stockton Whitten stated he would envision it as a direct allocation or direct financing against the LOGT revenues; it would not be a part of the overall County capacity; and it would be a backing of the LOGT revenues.

Chair Higgs stated it all is a package that the Board has to talk about in specifics; and she is willing to support moving forward tonight, set it aside, and as soon as possible, bring back the full package. Commissioner Scarborough stated when getting into financing, it is a different issue; there are a lot of issues with financing that are unique; and there is bond counsel and all kinds of other opinions.

Commissioner Pritchard stated he is opposed to creating the type of revenue stream that is called being self-sufficient departments; it is not the way to go because it is taxing people twice; and the eagle fiasco, which was Sawgrass and the area of St. Andrews Boulevard, was called, “We Don’t Have An Eagle, But Let’s Protect It Act.” He noted to show the Board what the tax would have raised if the construction was allowed, there were 11 houses proposed to be built in this area where the Pineda Extension is going to be going nearby; the houses were going to be 5,000 plus square-foot houses at approximately $750,000 a piece; they would have generated, based on a 87% tax rate, about $85,000 a year; and they may come in next year or the year after because the developer has a lawsuit. He stated it is going to cost the County money; it is going to be paying for the lawsuit that the developer has filed; so it has lost out on $85,000 plus whatever the other costs are going to be for the lawsuit; and like the property on Fortenberry Road and other properties the County has, it needs to create a revenue stream that makes sense, and not keep going back to the people and hitting them with higher taxes. Commissioner Pritchard stated the Board needs to start realizing it cannot continue to fund government on the backs of people that are having enough trouble trying to get on with their own lives; it is a mistake the County makes; a lot of people seem to think it is broken and the only way to fix it is by money; and if it is broken or not working then there has to be another way to do it.

Commissioner Carlson stated the Pineda Extension issue has been on the books for almost 20 years and no action has been taken; over the last six and a half years, the County has been chiseling away at trying to get it done; it has been difficult; but right now it is faced with moratoriums that are going to be eminent on Wickham Road, south of Pineda Causeway, and Parkway Boulevard to Pineda Causeway sections soon. She noted within five years, The Viera Company has a chance not to fulfill its DRI because there is no capacity on North Wickham Road, and without the Pineda Extension, the capacity is not there; the capacity only helps North Wickham Road; the other issues are still there to be determined to find the dollars for them; so that is a need in the community that the County is going to have to face up to very soon. She stated some of the tools it has to face up to that are minimal; it is not getting them passed right now; and the Board is going to create a huge problem in businesses and other indirect aspects if it does not take corrective action now.

Commissioner Pritchard stated he agrees; and one can lay blame back maybe 15 years ago or longer than that when attempts were made to manage growth in a way that prevented the extension from being implemented when it should have been done for a lot less money. Commissioner Carlson inquired what about the Comprehensive Plan. Commissioner Pritchard responded those things should not have been written in the fashion they were because they make the County realize it does not have any other options; this has to be done; it is looking at a significant cost to make sure it is done; and if it does not plan ahead properly and make sure it is doing something that is going to be not only cost effective, but responsible, then it is going to pay for it later. He stated the County is paying later on this; and it should have paid for it a long time ago. Commissioner Carlson stated she agrees; every year the County postpones construction of facilities, such as the Pineda Extension, which costs 7 1/2% on construction dollars; and it is a lot of money went talking in the millions.

Chair Higgs stated before she came to the Board, she helped run a business; the last thing the Board needs to do is throw money at something; there are occasions where one has to spend money; there have been many occasions when the Board has not invested in something; and the less expensive solution would have been to invest then. She noted she does not think throwing money at every problem is the way to solve it; but in this case, the Board needs to allocate some monies to take care of some situations; and it needs to move forward.

Commissioner Scarborough inquired at this juncture, is it appropriate for him to make a motion dealing with the allocation of these funds or would it occur later in the meeting. Mr. Jenkins responded Commissioner Scarborough can do it any way he wants. Commissioner Scarborough stated since the discussion has taken place, he will go ahead and make the motion; and if the County added $181,000 to $328,701, it would end up with a figure of $409,701. Mr. Jenkins stated he may have done something wrong because 33 civilians are supposed to be $497,000.

Commissioner Carlson inquired does that mean that $328,000 does not cover completely the 28 additional civilians. Mr. Jenkins responded he thought it did when he did the calculations. Budget Director Dennis Rogero stated he has $497,000 for the original request of 33 civilians.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the memorandum dated September 17, 2004 from the County Manager to the Board concerning the Communication Services Tax and all the numbers included; change item of 21 additional out of 33 requested civilian positions at the jail and approve $497,000 instead of $328,701; and delete $325,000 regarding moving Traffic Engineering Shop from Merritt Island to Central Mainland.

Commissioner Scarborough stated the Board does not need to say how it allocates any excess funds at this moment as any excess funds automatically go to reserve; and it would allow the option to allocate.

Commissioner Colon stated she will not support the motion; monies in the past that are supposed to be going for roads have not been going there; in the last six years, the LOGT monies have been diverted and have been going to operations; and she has been saying it time and time again. She noted she hopes anybody who is voting in support of these funds make sure that the accountability is there; if the County is saying the dollars are going to roads, the citizens are expecting it and it should happen; it was approved many years ago and was a recommendation that was given to the Board at that time; and with transportation or any monies, the accountability must be demanded by the Board.

Chair Higgs called for a vote on the motion. Motion carried and ordered; Commissioners Pritchard and Colon voted nay.

The meeting recessed at 8:30 p.m. and reconvened at 8:53 p.m.

Chair Higgs advised staff will read into the record the millages and related budgets for each tax levy; and following the reading of the tax levies, she will entertain a motion for approval of the millages and related budgets.

General Fund

Budget staff advised the General Fund millage for FY 2003-2004 is 4.4344 mills; the tentative millage for FY 2004-2005 is 4.1278 mills; and the millage will generate $103,408,421 for a total budget of $196,074,179.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve the General Fund millage for FY 2004-2005 at 4.1278 mills, and the budget at $196,074,179.

Commissioner Pritchard stated there is a memorandum from Mr. Whitten dealing with the Clerk’s memorandum of accumulation of property taxes involving voter-approved park projects; with the amount of money that is in excess of the debt service, he is showing a potential decrease in property tax for District 2 of $26.11; and inquired if the Board were to adopt it as an option, taking the excess in debt service and returning it to the taxpayer, is it going to have an affect on the millage. Mr. Jenkins responded it will have an affect on that millage, not the General Fund millage; and those numbers will be adjusted when the Board gets to those.

Chair Higgs called for a vote on the motion. Motion carried and ordered; Commissioners Pritchard and Colon voted nay.

Free Public Library District

Budget staff advised the Free Public Library District millage for FY 2003-2004 is 0.7340 mill; the tentative millage for FY 2004-2005 is 0.6641 mill; and the millage will generate $16,725,776 for a total budget of $20,378,194.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Free Public Library District millage for FY 2004-2005 at 0.6641 mill, and the budget at $20,378,194. Motion carried and ordered unanimously.

Mosquito Control District

Budget staff advised the Mosquito Control District millage for FY 2003-2004 is 0.2109 mill; the tentative millage for FY 2004-2005 is 0.2313 mill; and the millage will generate $5,825,436 for a total budget of $6,699,838.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the Mosquito Control District millage for FY 2004-2005 at 0.2313 mill, and the budget at $6,699,838.

Fire Control MSTU

Budget staff advised the Fire Control MSTU millage for FY 2003-2004 is 2.2035 mills; the tentative millage for FY 2004-2005 is 2.2035 mills; and the millage will generate $25,851,300 for a total budget of $23,175,976.

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve the Fire Control MSTU millage for FY 2004-2005 at 2.2035 mills, and budget at $23,175,976. Motion carried and ordered unanimously.

Recreation District 1 MSTU

Budget staff advised the Recreation District 1 MSTU millage for FY 2003-2004 is 0.6843 mill; the tentative millage for FY 2004-2005 is 0.6473 mill; and the millage will generate $2,093,882 for a total budget of $7,312,711.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Recreation District 1 MSTU millage for FY 2004-2005 at 0.6473 mill, and budget at $7,312,711. Motion carried and ordered unanimously.

Recreation District 4

Budget staff advised the Recreation District 4 millage for FY 2003-2004 is 0.6207 mill; the tentative millage for FY 2004-2005 is 0.5918 mill; and the millage will generate $1,507,963 for a total budget of $5,553,784.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Scarborough, to approve the Recreation District 4 millage for FY 2004-2005 at 0.5918 mill, and budget at $5,553,784. Motion carried and ordered unanimously.

TICO Airport Authority

Budget staff advised the TICO Airport Authority millage for FY 2003-2004 is 0.0194 mill; the tentative millage for FY 2004-2005 is 0.0179 mill; and the millage will generate $191,432 for a total budget of $1,822,402.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the TICO Airport Authority millage for FY 2004-2005 at 0.0179 mill, and budget at $1,822,402. Motion carried and ordered unanimously.

Law Enforcement MSTU

Budget staff advised the Law Enforcement MSTU for FY 2003-2004 is 1.2097 mills; the tentative millage for FY 2004-2005 is 1.1076 mills; and the millage will generate $12,124,699 for a total budget of $13,616,619.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the Law Enforcement MSTU millage for FY 2004-2005 at 1.1076 mills, and budget at $13,616,619. Motion carried and ordered unanimously.

Road and Bridge District 1 MSTU

Budget staff advised the Road and Bridge District 1 MSTU for FY 2003-2004 is 0.7132 mill; the tentative millage for FY 2004-2005 is 0.6598 mill; and the millage will generate $1,240,166 for a total budget of $2,059,129.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Road and Bridge District 1 MSTU millage for FY 2004-2005 at 0.6598 mill, and budget at $2,059,129. Motion carried and ordered unanimously.

Road and Bridge District 2 MSTU

Budget staff advised the Road and Bridge District 2 MSTU for FY 2003-2004 is 0.3629 mill; the tentative millage for FY 2004-2005 is 0.3282 mill; and the millage will generate $1,901,000 for a total budget of $2,102,032.

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve the Road and Bridge District 2 MSTU millage for FY 2004-2005 at 0.3282 mill, and budget at $2,102,032. Motion carried and ordered unanimously.

Road and Bridge District 3 MSTU

Budget staff advised the Road and Bridge District 3 MSTU for FY 2003-2004 is 0.5573 mill; the tentative millage for FY 2004-2005 is 0.4576 mill; and the millage will generate $718,616 for a total budget of $1,251,066.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Road and Bridge District 3 MSTU millage for FY 2004-2005 at 0.4576 mill, and budget at $1,251,066. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU

Budget staff advised the Road and Bridge District 4 MSTU for FY 2003-2004 is 0.4453 mill; the tentative millage for FY 2004-2005 is 0.4053 mill; and the millage will generate $1,120,288 for a total budget of $1,793,599.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the Road and Bridge District 4 MSTU millage for FY 2004-2005 at 0.4053 mill, and budget at $1,793,599. Motion carried and ordered unanimously.

Road and Bridge District 5 MSTU

Budget staff advised the Road and Bridge District 5 MSTU for FY 2003-2004 is 0.6331 mill; the tentative millage for FY 2004-2005 is 0.5697 mill; and the millage will generate $658,477 for a total budget of $1,225,602.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to approve the Road and Bridge District 5 MSTU millage for FY 2004-2005 at 0.5697 mill, and budget at $1,225,602. Motion carried and ordered unanimously.

Road and Bridge District 4 North Beaches MSTU

Budget staff advised the Road and Bridge District 4 North Beaches MSTU for FY 2003-2004 is 0.5042 mill; the tentative millage for FY 2004-2005 is 0.4509 mill; and the millage will generate $198,111 for a total budget of $547,513.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the Road and Bridge District 4 North Beaches MSTU millage for FY 2004-2005 at 0.4509 mill, and budget at $547,513. Motion carried and ordered unanimously.

Road and Bridge District 4 South Merritt Island MSTU

Budget staff advised the Road and Bridge District 4 South Merritt Island MSTU millage for FY 2003-2004 is 0.1871 mill; the tentative millage for FY 2004-2005 is 0.1739 mill; and the millage will generate $20,573 for a total budget of $155,033.

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Road and Bridge District 4 South Merritt Island MSTU millage for FY 2004-2005 at 0.1739 mill, and budget at $155,033. Motion carried and ordered unanimously.

Merritt Island Recreation MSTU

Budget staff advised the Merritt Island Recreation MSTU millage for FY 2003-2004 is 0.0959 mill; the tentative millage for FY 2004-2005 is 0.0886; and the millage will generate $219,517.

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve the Merritt Island Recreation MSTU millage for FY 2004-2005 at 0.0886 mill, and budget at $219,517. Motion carried and ordered unanimously.

South Brevard Special Recreation District

Budget staff advised the South Brevard Special Recreation District millage for FY 2003-2004 is 0.0967 mill; the tentative millage for FY 2004-2005 is 0.1020 mill; and the millage will generate $1,450,308.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Carlson, to approve the South Brevard Special Recreation District millage for FY 2004-2005 at 0.1020 mill, and budget at $1,450,308. Motion carried and ordered unanimously.

Environmentally Endangered Lands

Mr. Whitten stated it has come to staff’s attention and confirmed by bond counsel that the County cannot utilize excess or surplus debt service millage revenue to make up any differences in construction increases for voted referendum capital projects; many of the construction cost estimates were made a number of years ago; construction costs have increased significantly; and the additional debt service revenue not dedicated to debt retirement was going to be used to absorb the increased costs. He noted the impact of a reduction or early retirement of debt will require Parks and Recreation to analyze the size and scale of the projects and utilize value engineering to every extent practical; and staff is hopeful that construction cost increase will stabilize so that projects are not further delayed.

Mr. Jenkins stated those relate to the parks construction. Mr. Whitten noted he is addressing it for EELS, Beach and Riverfront, and Parks and Recreation Special Districts and MSTU’s voted millages.

Commissioner Scarborough stated when EELS was passed, it was for operation and maintenance; there was a problem and then it was straightened out that it could be used for operation and maintenance; and now the County has gone back to where it cannot be used.

Mr. Jenkins stated staff has not said that; and the issue with EELS is that there is approximately $900,000 in surplus. Mr. Whitten stated the EELS debt service is not bonded out to its full capacity, so the $900,000 could be used to bond out that additional capacity. Mr. Jenkins advised the Board could either bond it, reduce the millage by that amount, or retire debt early. Commissioner Scarborough stated there are less options for parks and recreation. Mr. Jenkins stated the Board did not bond this one out to its maximum capacity. Commissioner Carlson noted Parks and Recreation bonded it out already. Mr. Jenkins stated the voters gave the County a certain level; it has not gone to that maximum level; so the Board could use it for three things--more bonds, early retirement of debt, or reduction of millage. Commissioner Scarborough inquired is operation and maintenance part of it; with Mr. Jenkins responding it is already included and being funded.

Commissioner Pritchard stated there is excess in EELS that could be used for three purposes. Mr. Jenkins noted that is correct. Commissioner Pritchard inquired what would the return be to the individual taxpayer. Mr. Jenkins inquired what would 1% reduction be; with Mr. Rogero responding about $1.6 or $1.7 million. Mr. Jenkins noted it would be about 1/2% reduction in taxes.

Commissioner Carlson stated she would like to see any excess that the County accrues be bonded for additional acquisition as it was the intent of the voters at the time it was passed.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve that any excess monies the County accrues for EELS be bonded for additional acquisitions. Motion carried and ordered; Commissioner Pritchard voted nay.

Budget staff advised the Environmentally Endangered Lands millage for FY 2003-2004 is 0.2500 mill; the tentative millage for FY 2004-2005 is 0.2500 mill; and the millage will generate $6,296,407 for a total budget of $19,949,450.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Environmentally Endangered Lands millage for FY 2004-2005 at 0.2500 mill, and budget at $19,949,450. Motion carried and ordered unanimously.

Beach and Riverfront Acquisition

Mr. Whitten advised the Beach and Riverfront options are to either reduce the millage rate or to retire debt early, which is approximately $1.5 million.

Finance Director Stephen Burdett stated next year is the last year of the debt payment.

Clerk of Courts Scott Ellis stated the Board cannot retire the debt early as Beach and Riverfront is coming to an end.

Mr. Whitten stated the last debt payment is in the 2005 Fiscal Year, and the surplus is $1.5 million.

Chair Higgs inquired could the surplus be used to buy additional access to the river; with Commissioner Carlson responding it depends on if it was all bonded out.

Mr. Jenkins inquired was it bonded to capacity. Mr. Burdett responded the Beach and Riverfront was approved at $30 million; and what was bonded out was $28,760,000. Mr. Whitten stated it expires next year, so the Board does not have the ability to do a bond issue. Commissioner Carlson noted the County could see if it needs another access point. Mr. Jenkins stated it does not; it has bonded at $28.7 million; it has a total of $30 million that is eligible, and $1.5 million is the surplus; and the County could not borrow $1.5 million as it has $1.5 million. Commissioner Carlson stated maybe there is something out there for $1.5 million. Mr. Burdett noted he does not know how many years the County has been using excess millage; and if it is to fit into the equation of $30 million, he does not know if the Board wants to consider it or not rather than go out and bond for $1,240,000. Mr. Jenkins stated it has to be used for debt service; the County has less than one year to go; it can only be spent for bond payments; and it would be borrowing $1.5 million to pay it back the same year. Commissioner Carlson inquired is there a surplus over and above the last debt service payment. Mr. Whitten responded there is a projected surplus of $1.5 million; if the County bonds it out, there will be issuance costs, etc. for a $1.5 million bond deal; and it would probably be over the cap or maximum if it was able to bond in such a short period of time.

Commissioner Pritchard inquired what would be the best use of this line item. Mr. Jenkins responded because it is the last year the County should reduce the millage. Mr. Whitten stated he believes it is the best use of the line item. Mr. Jenkins stated the problem is the County really has no flexibility.

Chair Higgs stated riverfront access is very expensive; the County has been trying to get South County access to the river; and inquired is staff seeing any way to be able to utilize the funds. Mr. Whitten responded the opinion was to utilize debt service revenues for debt; and to make a cash payment for acquisition is inconsistent with that opinion.

County Attorney Scott Knox stated he agrees with Mr. Whitten; and staff asked bond counsel about it as well. Chair Higgs noted so there is no way to use it for further acquisition. Attorney Knox stated that is correct since it expires this coming year.

Budget staff advised the Beach and Riverfront millage for FY 2003-2004 is 0.2085 mill; the tentative millage for FY 2004-2005 is 0.1300 mill; and the millage will generate $3,274,132 for a total budget of $4,148,675.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Beach and Riverfront millage for FY 2004-2005 at 0.1300 mill, and budget at $4,148,675. Motion carried and ordered unanimously.

Commissioner Pritchard inquired is this going to reflect in the overall property tax a slight reduction; with Mr. Rogero responding yes. Mr. Jenkins noted it will be approximately 1% of the aggregate.

Port St. John/Canaveral Groves Recreational Facilities MSTU

Budget staff advised the Port St. John/Canaveral Groves Recreational Facilities MSTU millage for FY 2003-2004 is 0.9000 mill; the tentative millage for FY 2004-2005 is 0.8417 mill; and the millage will generate $575,165 for a total budget of $1,496,672.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the Port St. John/Canaveral Groves Recreational Facilities MSTU millage for FY 2004-2005 at 0.8417 mill, and budget at $1,496,672. Motion carried and ordered unanimously.

North Brevard Special Recreation District

Mr. Whitten stated the Board’s options are to reduce debt, make an additional debt payment, or reduce the millage rate.

Commissioner Scarborough stated he would like to reduce the debt and keep the millage as is.

Commissioner Pritchard stated due to the hurricanes, damages, and deductibles that in many cases exceed the amount of damages, the people are getting caught one way or the other; he is more inclined to grant a little tax relief to the individual so he or she may be able to use some of that money to restore his or her property; and he realizes it is not a tremendous amount of money, but it is a good faith effort on the County’s part to recognize the community could probably use a few more dollars in its pocket to repair some of the damages caused by the hurricanes.

Commissioner Scarborough requested staff provide the amount of savings to a home valued at $100,000 with $25,000 homestead exemption, and how much less a person would pay in taxes. Commissioner Scarborough stated he has a Parks and Recreation Advisory Board and deals with it in terms of methodologies, what it does, and how it does things; it is premature on his part to go in that direction; Commissioner Pritchard may have a different relationship with his community; and whatever he wants to do in District 2 he will support.

Commissioner Colon expressed concern on the kind of impact it is going to cause such District in taking that route; and inquired where does the balance come in. She stated the County needs to be careful with it; and she is not willing to do it in her District.

Mr. Rogero stated for a $100,000 valuation home with a $25,000 homestead exemption, and no increase in valuation, it is a $13.65 reduction annually.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve that the monies are applied to debt reduction for the North Brevard Special Recreation District. Motion carried and ordered unanimously.

Budget staff advised the North Brevard Special Recreation District millage for FY 2003-2004 is 0.8000 mill; the tentative millage for FY 2004-2005 is 0.8000 mill; and the millage will generate $1,801,549 for a total budget of $2,106,435.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the North Brevard Special Recreation District millage for FY 2004-2005 at 0.8000 mill, and budget at $2,106,435. Motion carried and ordered unanimously.

Merritt Island Recreation MSTU

Commissioner Pritchard stated he is referring to the memo from Mr. Whitten with the subject of the Clerk’s memorandum pertaining to accumulation of property taxes involving voter-approved park projects; for District 2 it shows a decrease of $26.11 for unincorporated, and $11.46 for the Cities of Cape Canaveral, Cocoa Beach, and sections of Cocoa; and inquired are they the numbers that refer to this line item.

Mr. Rogero stated the numbers Commissioner Pritchard referenced include the line item, along with any other millage reductions.

Mr. Whitten stated they also include the reductions for EELS and Beach and Riverfront, so staff will have to do a calculation specifically on the Merritt Island Recreation MSTU.

Mr. Jenkins inquired is it safe to assume it would be similar to North Brevard Special Recreation District.

Mr. Rogero responded for a $100,000 home with a $25,000 homestead exemption and no increase in valuation, it is $16.48 annually for the reduction.

Commissioner Pritchard inquired what is the difference to the community, reducing debt or returning a little bit to the community; and what affect is it going to have on the debt, how much longer would the debt carry out, and is there any additional that would be attributed toward taking a one-year postponement on reducing debt. Mr. Jenkins responded the only benefit to keeping it for this year would be that next year, if the County wanted to raise its operating millage in Parks and Recreation, it would not be zero impact; but would lower expenses next year. Commissioner Pritchard stated one of the concerns he has about next year is that there has been a lot of property damage; people will probably be coming to the Property Appraiser and eventually maybe the Value Adjustment Board asking for a reduction in property tax based on the damage they have had for the two or three months out of this fiscal year, and who knows how many months out of next fiscal year; and inquired what the dollar amount might be and the affect it might have on the General Fund. Mr. Jenkins responded he does not think it can occur the coming year; it potentially could affect two years from now; and the property roll for the next fiscal year is already established generally.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve reduction in the millage for the Merritt Island Recreation MSTU. Motion carried and ordered unanimously.

Budget staff advised the Merritt Island Recreation MSTU millage for FY 2003-2004 is 0.7041 mill; the tentative millage for FY 2004-2005 is 0.4844 mill; and the millage will generate $1,200,158 for a total budget of $1,986,641.

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Merritt Island Recreation MSTU millage for FY 2004-2005 at 0.4844 mill, and budget at $1,986,641. Motion carried and ordered unanimously.

South Brevard Special Recreation District

Mr. Whitten stated the two options are reduction of the millage rate or debt reduction.

Commissioner Colon stated she wants to go with the recommendation as there are a lot of projects; and she wants every penny of it to go to expedite the projects in the community based on the referendum.

Commissioner Pritchard stated Commissioner Colon cannot do that. Chair Higgs stated whatever is in excess would reduce the debt. Commissioner Colon noted that is correct.

Commissioner Carlson stated the County has already bonded out the maximum amount, so it cannot take the surplus and use it toward additional projects; but it can either retire debt or reduce the millage. Mr. Whitten noted that is correct.

Chair Higgs stated if the Board retires the debt, in the long run it saves people money; and inquired what would the millage be. Mr. Rogero responded if the Board retired the debt, the millage will remain the same.

Commissioner Colon stated South Brevard is not only her District. Chair Higgs and Commissioner Carlson suggested leaving the millage the way it is. Commissioner Colon noted that is fine. Commissioner Pritchard stated if the County leaves the millage alone, then the excess would be used to reduce the debt. Commissioner Carlson noted that is correct.

Budget staff advised the South Brevard Special Recreation District millage for FY 2003-2004 is 0.5033 mill; the tentative millage for FY 2004-2005 is 0.4980 mill; and the millage will generate $7,080,916 for a total budget of $11,859,951.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Scarborough, to approve the South Brevard Special Recreation District millage for FY 2004-2005 at 0.4980 mill, and budget at $11,859,951. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ADOPTING FINAL MILLAGES FOR FY 2004-2005

Chair Higgs called for the public hearing to consider a resolution adopting the final millages for FY 2004-2005.

Budget Director Dennis Rogero advised the FY 2004-2005 aggregate rolled back millage rate is 6.7572 mills; the FY 2004-2005 aggregate adopted rate is 6.9598 mills; the percentage change from the aggregate rolled back rate is a 3% increase; and the percentage change from the aggregate current rate is a 5.98% decrease. He read into the record the resolution adopting the final millages for FY 2004-2005.

There being no further comments heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution adopting final millages pursuant to Chapter 200, Florida Statutes, authorizing the Board of County Commissioners to adopt final
millages for Fiscal Year 2004-2005 and providing an effective date. Motion carried and ordered; Commissioners Pritchard and Colon voted nay.

PUBLIC HEARING, RE: RESOLUTION ADOPTING FINAL BUDGET FOR FY 2004-2005

Chair Higgs called for the public hearing to consider a resolution adopting the final budget for FY 2004-2005.

Commissioner Scarborough stated the Kiplinger letter deals with state and local taxes; two cities in each state were used, a small city and a larger city; state income tax, state property tax, sales tax, personal property, gas tax, etc. were considered; and the cities that were included in Florida were Jacksonville and Fort Myers. He noted they were rated number four and number six, meaning they were the least expensive; averaging both was about $3,500, which dealt with the average price of a home and taxes; there are places like Wyoming where the taxes are $21,000 and $22,000 for Casper and Cheyenne; and there is a great deal of discussion about saving money. He stated the Board labors very hard in trying to get the biggest bang for the buck possible, but he would submit to those persons who are concerned about taxes they pay that there are very few places outside of Wyoming that they can save money; and if one moves to Bridgeport, Connecticut, he or she could look to almost a four-fold increase in local and state taxes.

Commissioner Pritchard read the rest of taxes that people tend to pay, including accounts receivable tax, animal license tax, building permit tax, capital gains tax, commercial drivers’ license tax, cigarette tax, corporate income tax, communication service tax, court fines, federal income tax, federal unemployment tax, fishing license tax, food license tax, franchise fees tax, fuel permit tax, gasoline tax, hunting license tax, inheritance tax, inventory tax for IRS, impact fee tax, IRS penalties, liquor tax, local tax, luxury taxes, marriage license tax, Medicare tax, property tax, real estate tax, septic permit tax, service charge taxes, social security tax, road usage taxes, sales taxes, recreational vehicle tax, road toll booth taxes, school tax, state income tax, state unemployment tax, and telephone federal excise tax.

Chair Higgs stated County taxpayers do not pay state income tax. Commissioner Pritchard stated it is the only tax they do not pay; and other taxes include telephone federal universal service fee tax, telephone federal, state, and local surcharge taxes, telephone minimum usage surcharge tax, telephone recurring and non-recurring charges tax, telephone state and local tax, telephone usage charge tax, toll bridge taxes, toll tunnel taxes, traffic fines, traffic registration tax, utility taxes, vehicle license registration tax, vehicle sales tax, watercraft registration tax, well permit tax, worker compensation tax, and others he is sure he missed.

Budget Director Dennis Rogero read into the record the resolution adopting the final budget for FY 2004-2005 in the amount of $827,589,033.

There being no further comments heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution adopting a final budget pursuant to Chapter 200, Florida Statutes, authorizing the Board of County Commissioners to adopt the budget for Fiscal Year 2004-2005 and providing an effective date. Motion carried and ordered; Commissioners Pritchard and Colon voted nay.

PUBLIC HEARING, RE: RESOLUTIONS ADOPTING FINAL MILLAGES FOR FY 2004-2005
FOR DEPENDENT SPECIAL TAXING DISTRICTS

Chair Higgs called for the public hearing to consider resolutions adopting final millages for FY 2004-2005 for Brevard County Free Public Library District, Brevard Mosquito Control District, Recreation Special District #4 Operations and Maintenance, Titusville-Cocoa Airport Authority, South Brevard Recreation Special District, and North Brevard Recreation Special District.

Budget staff read resolutions containing the FY 2003-2004 and FY 2004-2005 millages, and the ad valorem revenues generated by the millages for dependent special taxing districts, as follows:

Brevard County Free Public Library District

FY 2003-2004 millage 0.7304 mill
FY 2004-2005 millage 0.6641 mill
Ad Valorem Revenue $16,725,776

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution adopting the Brevard County Free Public Library District final millage for FY 2004-2005 at 0.6641 mill. Motion carried and ordered unanimously.

Brevard Mosquito Control District

FY 2003-2004 millage 0.2109 mill
FY 2004-2005 millage 0.2313 mill
Ad Valorem Revenue $5,825,436

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution adopting the Brevard Mosquito Control District final millage for FY 2004-2005 at 0.2313 mill. Motion carried and ordered unanimously.

Brevard County Recreation Special District 4 Operations and Maintenance

FY 2003-2004 millage 0.6207 mill
FY 2004-2005 millage 0.5918 mill
Ad Valorem Revenue $1,507,963

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution adopting the Brevard County Recreation Special District 4 Operations and Maintenance final millage for FY 2004-2005 at 0.5918 mill. Motion carried and ordered unanimously.

Titusville-Cocoa Airport Authority

FY 2003-2004 millage 0.0194 mill
FY 2004-2005 millage 0.0179 mill
Ad Valorem Revenue $191,432

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution adopting the Titusville-Cocoa Airport Authority final millage for FY 2004-2005 at 0.0179 mill. Motion carried and ordered unanimously.

South Brevard Recreation Special District

FY 2003-2004 millage 0.6000 mill
FY 2004-2005 millage 0.6000 mill
Ad Valorem Revenue $8,531,224

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution adopting the South Brevard Recreation Special District final millage for FY 2004-2005 at 0.6000 mill. Motion carried and ordered unanimously.

North Brevard Recreation Special District

FY 2003-2004 millage 0.8000 mill
FY 2004-2005 millage 0.8000 mill
Ad Valorem Revenue $1,801,549

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution adopting the North Brevard Recreation Special District final millage for FY 2004-2005 at 0.8000 mill. Motion carried and ordered unanimously.

Chair Higgs called for the public hearing to consider resolutions adopting final budgets for FY 2004-2005 for dependent special taxing districts.

Brevard County Free Public Library District

Budget staff read aloud a resolution containing the final budget for Brevard County Free Public Library District at $20,378,194.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution adopting the final budget for FY 2004-2005 for the Brevard County Free Public Library District at $20,378,194. Motion carried and ordered unanimously.

Brevard County Mosquito Control District

Budget staff read aloud a resolution containing the final budget for Brevard County Mosquito Control District at $6,841,090.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution adopting the final budget for FY 2004-2005 for the Brevard County Mosquito Control District at $6,841,090. Motion carried and ordered unanimously.

Brevard County Recreation Special District 4 Operations and Maintenance

Budget staff read aloud a resolution containing the final budget for Brevard County Recreation Special District 4 Operations and Maintenance at $5,553,784.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution adopting the final budget for FY 2004-2005 for the Brevard County Recreation Special District 4 Operations and Maintenance at $5,553,784. Motion carried and ordered unanimously.

Titusville-Cocoa Airport Authority

Budget staff read aloud a resolution containing the final budget for Titusville-Cocoa Airport Authority at $1,822,402.

There being no objections, heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution adopting the final budget for FY 2004-2005 for the Titusville-Cocoa Airport Authority at $1,822,402. Motion carried and ordered unanimously.

South Brevard Recreation Special District

Budget staff read aloud a resolution containing the final budget for South Brevard Recreation Special District at $11,859,951.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution adopting the final budget for FY 2004-2005 for the South Brevard Recreation Special District at $11,859,951. Motion carried and ordered unanimously.

North Brevard Recreation Special District

Budget staff read aloud a resolution containing the final budget for North Brevard Recreation Special District at $2,106,435.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution adopting the final budget for FY 2004-2005 for the North Brevard Recreation Special District at $2,106,435. Motion carried and ordered unanimously.

Merritt Island Redevelopment Agency

Budget staff read aloud a resolution containing the final budget for Merritt Island Redevelopment Agency at $1,103,019.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution adopting the final budget for FY 2004-2005 for the Merritt Island Redevelopment Agency at $1,103,019. Motion carried and ordered unanimously.

Barefoot Bay Water and Sewer District

Budget staff read aloud a resolution containing the final budget for Barefoot Bay Water and Sewer District at $5,050,651.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution adopting the final budget for FY 2004-2005 for the Barefoot Bay Water and Sewer District at $5,050,651. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: EXECUTION OF TRIM COMPLIANCE FORMS

Chair Higgs called for the public hearing to consider execution of the TRIM compliance forms.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize the Assistant County Manager for Management Services to execute Department of Revenue Form DR-487, Certificate of Compliance with Florida Statutes 200.065 and 218.63; Form DR-420, Certificate of Taxable Value, Form DR-422, Certificate of Final Taxable Value, on behalf of the County; and to assemble all components of the TRIM Compliance Package and transmit same to the Department of Revenue. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: EMERGENCY ORDINANCE EXTENDING EFFECTIVE DATE OF
EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE

Chair Higgs called for the public hearing to consider an emergency ordinance extending the effective date of the Educational Facilities Impact Fee Ordinance.

Mary Wiegand stated she is a wife, mother, and stepmother of five children; for 12 years, her family came to the State of Florida to visit as tourists and helped support the State and its economy; it has always been their lifelong dream to move and retire to Florida, so 1½ years ago they left the State of Michigan and came to Florida to reside, and purchased a home here. She noted they plan to enjoy the rest of their lives retired in the City of Palm Bay; due to Hurricane Frances, they have very little of their home left; she is not sure if the Board is going to give some relief to homeowners to help restore their homes; and Commissioner Pritchard commented he is glad to give some money back to homeowners to help rebuild their homes. She stated she was told if the Board agrees on such proposal that it would be announced either through radio or television on September 26, 2004; and inquired when will the money be given, where, the time, who will receive it, and how will it be allocated.

Commissioner Scarborough stated the Board will be discussing disaster relief funds later, so Ms. Wiegand’s issues can be discussed at that time.

Franck Kaiser, representing Homebuilders and Contractors Association of Brevard, requested the Board support extension of the Educational Facilities Impact Fee Ordinance for many reasons; stated all the municipalities and County permitting departments have been deluged with a number of other permits, but have not allowed the processing of contracts or permits since the storms; and requested a 30-day extension for implementation of the educational facilities impact fee.

Commissioner Colon stated as soon as the Ordinance took effect, she and Assistant County Manager Peggy Busacca were getting questions; and inquired has Mr. Kaiser, Ms. Busacca, and the County been able to work out a lot of the issues and questions from the industry, and is there a comfort level at this point.

Mr. Kaiser responded they have not discussed the issues; there is a lot of confusion as to the implementation; they have talked to a number of people about it; but he has not interfaced with Ms. Busacca’s office. Commissioner Colon inquired could it happen soon as individuals do not want to wait until the deadline; stated one of the questions included what kind of paperwork was accepted to be considered a full application; and if Mr. Kaiser could provide information to the building industry, it would be appreciated. Mr. Kaiser stated he would be happy to do that; he believes builders understand what the requirements are, but the owner/builder does not; and anything the HBCA of Brevard can do to facilitate that it would be happy to do so.

Commissioner Pritchard stated Section 5 of the existing Ordinance and proposed ordinance talks about the issuance of a building permit; it needs to be changed to submittal of a building permit; if the County bases the effective date on the issuance of a building permit, if something happens in the last week and staff finds something that is going to hold it up, it would take it beyond the proposed October 24, 2004 date; the intent is to provide some relief; and he does not like having something like this that is controlled by the people that could benefit from extending the issue date beyond the deadline. He noted one of the things he is going to propose is that not only does the County do a 30-day extension, but it changes “issue” to “submittal”.

Mr. Kaiser stated it would be appreciated; it is one of the issues that Mr. Armstrong wants to address because the person looking for the permit, whether it is an owner/builder or a builder, should not be penalized based on inability of staff to process permits in a reasonable amount of time.

Commissioner Pritchard stated Land Development is inundated with permit requests at this point; nothing ever seems to flow as smoothly as the County would like; there are going to be requests for additional information; and that is his point and it will be brought up again.

David Armstrong, representing Armstrong Custom Homes and the building industry, requested the Board’s understanding on the way the building departments have been inundated with repair permits and remodeling to get people’s houses back into a position so they can go back home and enjoy a night’s sleep; stated the way the Ordinance was written took a lot of builders off guard because it had always been written with the intent that when a building permit application went in, it was considered filed, and at that time it would work through the process; he submits his own permit applications and is at the Building Department quite often in Melbourne and Palm Bay; and many times there is something beyond control of the builders. Mr. Armstrong stated a plans examiner will review a plan, he or she has just been enlightened on a new Code, he or she will want it put into the plan, and a revision has to be made. He noted those things should not obstruct a builder from pursuing permits where he or she did not anticipate an additional fee of $4,500 nor would have to pass that on. He stated if a building permit application is in process and there is some additional information necessary, it should be understandable because it could go beyond whatever time limit was written. He stated when builders saw the proposal, it was taken very abruptly that it was designed to establish more revenue than was necessary; and the hurricanes caused an unnecessary burden. Mr. Armstrong requested the Board’s indulgence on the 30-day extension, and the permit date be the day an application is turned in and accepted in such a fashion that corrections can be made and builders are not having to cancel contracts on people who want to buy a home.

Commissioner Carlson stated the County has exempted about $9 million in impact fees; and inquired what is the process it has been using for the exemptions.

Planner Stephen Swanke responded the exemptions are based on people submitting bona fide contracts to the Land Development Division; it could be a contract to purchase a home or to have a home built on a lot; the estimate of $9 million prepared by Land Development was based on exemptions granted for the contract submittals; the Ordinance as currently adopted also exempts anyone that has a building permit issued by the effective date of the Ordinance; so those are the two conditions in which they would be exempted.

Chair Higgs inquired what would be the affect of changing the provision and making it when one submits the permit application versus when the building permit is issued, other than time.

Permitting and Enforcement Director Ed Washburn responded there would probably be some spec homebuilders who do not have contracts, and if they had a complete building permit package submitted it would take care of a lot of spec builders in some instances that had a plan in the process, but did not have a contract. Chair Higgs inquired the instance in which there might be a new code come into effect that Mr. Armstrong was talking about, if he had a contract with an individual to build a home, is the contract the qualifying criteria. Mr. Washburn noted in that case, but there might be a spec home that there is not a contract on, and there is a building permit in the system; and there is no way to exempt them.

Commissioner Pritchard inquired what if someone is an owner/builder. Mr. Washburn responded if the owner/builder can show that he or she has spent money to have the house plans drawn and to purchase trusses, he or she would be exempt. Commissioner Pritchard stated the concern would be someone who might want to build a spec home; and inquired is there any way that not changing “issue” to “submitted” is going to hurt someone other than the spec home builder. Mr. Washburn responded in most cases the County has been able to work with the builders; those builders that do not have a specific legal description of a lot they have purchased or that the house is going to be located on and they only have a contract, it has been difficult; staff has tried to work with those; but it may be another avenue where they might have a permit in the system; and it would probably exempt some additional permits, but he does not know that it would be a great number. He noted Mr. Armstrong raises an interesting point in that if the permit is submitted for review and it does not get out by the dawning date, then if it is a spec homebuilder, he or she may not be exempt. Chair Higgs stated the County has a way of taking care of the owner/builder; the spec home builder does not have a contract with somebody, so the profit margin or whatever is built into the new price would be calculated with the school impact fee included. Commissioner Pritchard expressed concern that someone is going to get hurt; and stated he is not overly concerned about the spec home builder as he is with someone else who is trying to have a home built, and the County finds it has created a wall somehow by not changing “issue” to “submitted”.

Mr. Armstrong stated a builder has a cost in the spec house the same as an owner/builder; the builder pays for the plans and production, and owns the property; the builder has to buy and carry the debt load of the property; so the spec home builder and the owner/builder have the same financial investment. He noted his concern in cases of both an owner/builder and a builder in general is there are so many times they go back to the Building Department with a post in front of the water heater because someone read the Code differently than another gentleman read it; someone will read into the Code that a door swings a different way for safety, so he or she has to go to the designer to get it drawn and the engineer to get it sealed; and those things take time. He stated Brevard County has put in those types of Codes with the application of the building permit; it was very unusual to see this particular document read with a drop dead date; it is out of the builders’ control when that permit is to be issued; and especially in light of the recent hurricanes, it is very much out of the builders’ control. Mr. Armstrong noted he believes the builders understand where the fees are coming from; they have acquiesced the situation that is going to happen; there are concerns and heartburn on both sides of the fence; but issuance of the building permit plus some relief on the deadline is interest of fair play.

Motion by Commissioner Pritchard, to adopt an Emergency Ordinance amending Ordinance No. 04-34 adopted by the Board of County Commissioners of Brevard County, Florida, on August 10, 2004; specifically amending Section 5, “Effective Date”, of Ordinance No. 04-34 to extend the effective date of Ordinance No. 04-34 from September 24, 2004 until October 24, 2004 and to extend the date by which a property owner must enter into a bona fide contract in which that owner has agreed to pay the cost of constructing or financing new improvements for which an educational facilities impact fee would have to be paid subsequent to the adoption of Ordinance No. 04-34 in order to be exempt from payment of the educational facilities impact fee from September 24, 2004 until October 24, 2004; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date and ratification.

Chair Higgs suggested the Board take separate motions on the item; and inquired has the Ordinance been advertised to allow other changes besides the 30-day extension.

County Attorney Scott Knox responded it was advertised for the time extension only. Chair Higgs noted the Board cannot make the other change.

Commissioner Colon inquired what problems is staff foreseeing. Assistant County Manager Peggy Busacca responded in the past staff has seen people bring in 200 or 300 sales; they would take the entire subdivision and say all the homes had been sold; they would put names on them of people that staff could not verify had actually purchased those lots; and to date, staff has reviewed over 1,200 single-family homes that have been exempt. She noted the County is expected to exempt by September 24, 2004, 2,098 building permits, including single-family and condominium units.

Commissioner Carlson inquired how many of those were contract for sale; with Mr. Swanke responding all of them. Commissioner Carlson inquired has staff rejected some that have been done that way; with Ms. Busacca responding yes. Ms. Busacca stated staff has asked Attorney Knox to review the contracts; in one instance one gentleman was building six condos, but he did not have contracts on any of them; he wanted to exempt them, so he brought that forward; and staff asked Attorney Knox to review it. She noted all 2,098 building permit applications have been carefully reviewed by staff.

Commissioner Colon inquired even though she understands where Mr. Armstrong is coming from, how does the County protect those kinds of applications coming through and what does it do; and stated it is not the builder’s fault if the County keeps rejecting something. She inquired what happens to protect the intention of what is being done; stated the County does not want 200 applications to come in that have no contracts, as it is people just trying to beat the system.

Ms. Busacca responded the County has hired temporary employees to answer the telephones; the more experienced staff reviews the contracts; they are working very diligently to do that; and recently the number of permit applications submitted have been reduced since the hurricanes. She noted there used to be 100 permit applications sitting in the Zoning Office; today there are eight applications; the backlog the County is accustomed to seeing is currently not there; and staff feels comfortable that it will have the majority of permit applications reviewed by the time the deadline arrives; however, there is no guarantee that they all will be reviewed. She stated staff is doing the best they can, but it will always be a challenge for them to be able to review every permit application that is submitted before the deadline. Commissioner Colon stated just because permit applications have been submitted and received by staff does not necessarily mean they have been approved; and the County is being pretty clear of letting folks know that so they do not have false expectations. Ms. Busacca noted that is correct; a lot of people are bringing in their contracts to guarantee that even as the building permit application goes through the process, the contract is still there as their vesting. Commissioner Colon stated the key thing is the contract. Ms. Busacca noted that is correct.

Commissioner Pritchard stated he handed out a letter he received, which talks about the process of what someone goes through when developing property; in this case it is a 17-acre site; in the planning of the project they submit a budget to the lender and receive a commitment for a construction loan. He noted it was done months ago; it is the process of doing something like this where there is a commitment from a lender for “x” amount of money; and now if the impact fee applies to the property, it means the budget will take a $391,000 hit, which is not part of the business plan.

Ms. Busacca stated the problem would be exacerbated if impact fees were collected at the building permit stage; but because they are being collected at the end of the process, staff finds that sometimes builders have actually accrued some money from down payments and that kind of thing when the sale occurs; and the impact fee accrues to the owner of the unit rather than the owner of the project. Commissioner Pritchard stated the owner of the unit has already signed a contract perhaps. Ms. Busacca noted he or she would be exempt from the school impact fee; and it would only be those units that had not been sold and which there was no owner to accrue for the benefit of the impact fee credit. Commissioner Pritchard stated there is going to be a bit of a surprise if those homes are not accepted. Ms. Busacca noted if there is no contract for sale, that is correct.

Commissioner Scarborough stated he could support the concept of the submission rather than the issuance if the ordinance did not have that language included; and the Ordinance reads, “This Ordinance shall not apply to any property if the County determines that the owner has as of October 24, 2004 entered into a bona fide contract”; the County is saying there is another month out there that contracts could be entered into; and after-the-fact, one can enter into a contract. He noted there is a month for people to get valid contracts; the only people who are really going to benefit by moving this around is spec builders; if the County wants to benefit spec builders who do not have contracts, it can do it; but spec builders are doing specifications without have contracts. He stated if they proceed in that scenario, it needs to be able to calculate in that it wants to spec a building with that impact fee as a part of what it plans to extract; there are many costs that move around the construction industry; the County has been substantially fair; and it needs to proceed with the 30-day extension due to all of the disruption that has occurred in the County and throughout the State. Commissioner Scarborough stated to say individuals have another month to get contracts and any contract they get preserves them in a posture of not having to pay school impact fees is sufficient for those people who are dealing in a real cost factor; once someone enters into a contract, he or she is bound to what he or she sells; the profit is measured; but if someone is doing specifications, he or she has not done that and if he or she is proceeding with specs, he or she is aware that the impact fee is there and he or she is going to have to include it in the sales price when the property is sold.

Motion by Commissioner Scarborough, to adopt an Emergency Ordinance amending Ordinance No. 04-34 adopted by the Board of County Commissioners of Brevard County, Florida, on August 10, 2004; specifically amending Section 5, “Effective Date”, of Ordinance No. 04-34 to extend the effective date of Ordinance No. 04-34 from September 24, 2004 until October 24, 2004 and to extend the date by which a property owner must enter into a bona fide contract in which that owner has agreed to pay the cost of constructing or financing new improvements for which an educational facilities impact fee would have to be paid subsequent to the adoption of Ordinance No. 04-34 in order to be exempt from payment of the educational facilities impact fee from September 24, 2004 until October 24, 2004; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date and ratification.

Commissioner Scarborough stated Chair Higgs raised the question earlier whether the Board could do anything more than that; and requested Attorney Knox advise on that issue.

Attorney Knox responded it is an emergency ordinance, so as long as there are four votes, it can do what it considers to be an emergency.

Commissioner Pritchard seconded the motion.

Chair Higgs stated when she agreed to at least hear the item, she was not necessarily committed to 30 days; clearly two weeks people have been impacted and she would support that; but there are four votes so the Board can go ahead.

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

ADOPTION, RE: CAPITAL IMPROVEMENTS PROGRAM FOR FY 2004-2005 THROUGH
FY 2008-2009

Commissioner Carlson stated since the Board okayed the money for the Pineda Extension, she wanted to include $13.7 million in the Capital Improvements Program (CIP) for five years.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve the Capital Improvements Program for Fiscal Years 2004-2005 through FY 2008-2009, to further the goals and objectives of the Comprehensive Plan and Policies of the Board; and include $13.7 million in the CIP for five years for the Pineda Extension. Motion carried and ordered unanimously.

PERMISSION TO ALLOCATE, RE: POST DISASTER SHIP FUNDING PERMISSIBLE
UNDER LOCAL HOUSING ASSISTANCE PLAN FOR 2003-2006

Mary Wiegand stated the Board has agreed to allocate some money for relief for homeowners to rebuild their houses; rumors are that it would be announced on radio or television and would be done on September 26, 2004; it would be on a first-come, first-served basis; and she does not have time to watch television or listen to the radio as she is calling many companies to find a place to live and get a roof fixed because her whole house is destroyed. She noted a lot of people are in the same position as herself; and inquired about the time and locations that the money will be distributed, and who will receive it. She stated there may be a lot of people who are going to take advantage of a first-come, first-served basis; her next door neighbors had little damage done to their house; and people like her, who really need the money, may not be able to receive it if it is on a first-come, first-served basis. She inquired will people have to show proof of damage or something to get the money; the City of Palm Bay does not allow one to live in his or her RV, but he or she can have an RV on the property; and inquired is the City at any point in time considering changing its decision.

Commissioner Colon stated Ms. Wiegand would need to contact the City of Palm Bay; and she can get Ms. Wiegand’s telephone number and make phone calls on her behalf.

Housing and Human Services Director Gay Williams stated there is a proposed plan that would provide information on the program guidelines and eligibility requirements; as to the advertisement, if the Board approves action tonight, staff has the application sites prepared; applications will be taken September 28, 2004 through October 2, 2004; and there are three locations, Brevard Community College in Cocoa, Brevard Community College in Melbourne, and Brevard Community College in Titusville. She noted the time is from 8:00 a.m. to 5:00 p.m.; applications will also be available, accepted, and processed at two additional locations, Brevard County Disaster Recovery Site located at Babcock Street at the Job Link in Palm Bay, and the old Goodings Supermarket Center in Indian Harbour Beach; from September 28, 2004 through October 2, 2004, people will be available from 8:00 a.m. to 8:00 p.m.; and they will be located throughout the County at various sites. She stated the other sites will provide the applications, answer any questions, and take the applications; and applications will also be accepted and processed at the Brevard County Government Center from September 28, 2004 through October 2, 2004, from 8:00 a.m. to 8:00 p.m.

Chair Higgs inquired how does one qualify for funds, which can be used to rebuild and repair his or her home. Ms. Williams responded there are two approaches that staff would be asking the Board to accept; one would be to provide assistance to people who have insurance, but need help with meeting their deductibles; assistance would be offered for people who are 50% of the median income and below; and they would be given up to $2,000 to help fill in the gap. She noted those individuals who are 51% to 80% of the median income would be offered a $1.00 for $1.00 grant match of those funds up to $2,000; the other strategy would then help provide repair and rehab assistance for those who might be in the community who do not have insurance; in order to access those funds they would have to make application to FEMA for repair assistance; and if there are not enough funds to cover the repair that is needed to return into an inhabitable place, the County would review it and match it up to $5,100. She stated if the funds that are needed exceed that amount, the County would go up to an additional $10,000; and the panel of predetermined people would determine and approve that amount.

Commissioner Carlson inquired what is the status on FEMA temporary shelters for those who cannot go back to their homes.

Assistant County Manager Don Lusk responded a meeting was held on Monday where all of the housing assistance folks were pulled together; but he does not have numbers for the Board on FEMA assistance. Commissioner Carlson stated there was discussion about how FEMA brings
in temporary housing facilities for homes that have been completely destroyed; and she thought staff would have a status report on it. Mr. Lusk stated he does not have a status report; it was discussed in the meeting he was in and out of on Monday; he does not believe FEMA is bringing in trailers at this juncture; but he will check into it and get back to the Board. Commissioner Carlson noted it might be helpful for Ms. Wiegand to know.

Assistant County Manager Peggy Busacca stated the only additional information she has is that FEMA has been in contact with the Valkaria Airport to see if it could be utilized as a staging area; staff has told FEMA it would be within the requirements of the Airport as staff understands them; but FEMA has not given a date or a certainty that will occur. Commissioner Carlson stated if staff can find out, it would be helpful for the community to know. Mr. Lusk stated staff is putting together a narrative of what is going to be available, what is not available, and a status; the meeting was held on Monday because staff was just as confused as the public was in terms of what is available and what is not; and staff will provide the information to the Board.

Commissioner Colon stated Ms. Williams mentioned the 50% of the median income; and inquired what are the amounts. She noted the County would not want to be wasting folks time if they do not qualify financially and they need to know ahead of time; the money is for those people who cannot afford it; and the County cannot give the money out to everybody. Ms. Williams stated 50% of the median income for one person would not exceed $19,150; 80% of the median income would not exceed $30,650 for one person; for a two-person family, 50% of the median income would not exceed $21,900; and 80% of the median income for two persons in a family would not exceed $35,000. She noted for three persons in a household, 50% of the median income would not exceed $24,600; 80% of the median income for three persons would be $39,400; for four persons in a household, 50% of the median income would not exceed $27,350; and for four persons with 80% of the median income, they would not exceed $43,750. She stated for five persons in a household, 50% of the median income would not exceed $29,550; and for 80% of the median income, the household income would not exceed $47,250.

Commissioner Scarborough stated there may be people in the community that while they have a home, insurance, etc., they may be falling short of being able to move back into their home; their house may be rendered uninhabitable; they are then vulnerable to somebody who could come by and buy the home from them; so there could be persons who will lose their homes. He noted the Board has done a great deal to see that it can have home ownership where it is available; but there are some gaps, even with FEMA and these other things; the SHIP funds are not general revenue dollars and are specifically for purposes like this; and the program is a good one.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to grant permission to allocate post disaster SHIP funding permissible under the Local Housing Assistance Plan for 2003-2006. Motion carried and ordered unanimously.

Ms. Williams requested the Board waive the formal bid requirements for contracts in excess of $5,000 during the post disaster strategy. She stated it would allow staff to get the dollars out into the community.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to waive the formal bid requirements for contracts in excess of $5,000 during the post disaster strategy. Motion carried and ordered unanimously.

County Manager Tom Jenkins complimented Ms. Williams for bringing the program forward.

EMERGENCY ORDER, RE: PLACEMENT OF NON-CONFORMING MOBILE HOMES

Assistant County Manager Peggy Busacca stated at the last meeting the Board asked for additional information about non-conforming mobile homes that had been destroyed; Rick Enos put together an analysis; based on the information provided by the Building Department, effective Monday, there were eight mobile homes, seven in Micco and one in Mims, that were in non-conforming mobile home parks; and it is possible that those would not be able to be replaced under the current Code. She noted that is the total of those that staff is aware of now; and the wind and rain just from today may show some other damages that people were not aware of, so there may be additional mobile homes.

Chair Higgs stated the question is whether the Board wants to waive its non-conforming status to potentially allow those mobile homes to be replaced and let people move forward; and it is possible that they will be able to move forward anyway with some adjustments in the parks. Ms. Busacca noted that is correct; the seven mobile homes staff identified in Micco Park are non-conforming by general side setback; there are other mobile homes in the Park that could be moved a little bit to result in 10 feet between mobile homes; and it could result in them having sufficient space to be replaced under the current Code. Chair Higgs expressed concern that the Board has established by Code a non-conforming status; and if it moves forward without giving maximum effort to bring those parks into conformance, it has negated all of that effort. She stated she is concerned about simply wiping it out at this point and adopting an order that would allow non-conforming to go forward without exhausting all possibilities of bringing the mobile home parks into conformance.

Commissioner Pritchard stated Ms. Busacca indicated the possibility exists for at least the damaged homes to be put into conformance by adjusting the location of other trailers. Ms. Busacca noted that is correct; the side setback is required to be 10 feet between homes; and in some instances, staff sees distance separations of up to 22 feet, which means it is possible theoretically to move a mobile home 12 feet closer to give a second mobile home additional side setbacks. Commissioner Pritchard inquired the mobile home that could be moved, can it be moved or is it rooted to the ground. Ms. Busacca responded there are some tie downs; she would estimate there are garages or other accessory structures, based on the footprint; and staff has not been on the ground so it cannot tell the Board how difficult it would be. Commissioner Pritchard stated if there are garages and slabs for driveways, etc. he does not see how a mobile home could be moved to accommodate a setback for another. Ms. Busacca stated she is not aware of whether they are on slabs or not.

Commissioner Carlson stated the other problem is maybe not being able to replace the destroyed mobile home with something comparable.

Commissioner Scarborough stated there may be someone living in one of the parks where the neighbor has nonconforming status; if the County tells him or her to move the mobile home, the individual may have lived there for many years and may be in his or her 70’s or 80’s; it would be awful disruptive; and the County is dealing with human beings and their homes. He noted it may seem real simple to say this is non-conforming; the County needs to take the human element here also; he does not know what is going to happen when it says it is going to redesign the park; and inquired how are they better off by having everybody move around, who is going to do the moving, who is going to pay for the moving, and if the mobile homes are not moved around, where does it leave things. He stated he would prefer to say Brevard County had a disaster; because of that it has to deal with it as a human issue; it will come back to the non-conformity and deal with those things in a timely manner as it progresses; but when there is a hurricane, there are people whose lives have been very badly disrupted; and the County is inflicting the pain on other people now. Commissioner Scarborough stated it does not know what is going to happen out there; and it needs to make it as simple as possible.

Commissioner Pritchard stated there are 120 sites at Micco Park; seven mobile homes are damaged; and he does not know what size the homes are. Commissioner Carlson stated the point is whether or not a trailer can fit in there; other Codes would have to be waived to fit the trailer in; and inquired how would it work as it would then be impeding on somebody else’s property.

Chair Higgs inquired has staff worked with the owners of the parks; with Ms. Busacca responding no, as the owners have not come forward. Chair Higgs inquired have they applied for permits; with Ms. Busacca responding not to her knowledge. Chair Higgs stated the County is preconceiving a problem that may not exist; and it is solving a problem before it knows it exists. Commissioner Scarborough stated he does not mind tabling the item; the County can make the solution much more complex than it needs to be; Commissioner Carlson is right, it may not work; but the County needs to talk to the owners. Commissioner Carlson stated she understands the human element and agrees with it; and she would be happy to table the item so the County can talk to folks.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to take no formal action to adopt an emergency order on replacement of non-conforming mobile homes during the recovery from Hurricane Frances, and table the item to September 28, 2004. Motion carried and ordered unanimously.

County Attorney Scott Knox advised the emergency period expires tomorrow.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to reconsider the motion to table the item. Motion carried and ordered unanimously.

Chair Higgs stated the Board can do an emergency change to the Ordinance if it gets four out of five votes. Attorney Knox stated the Board can change the Ordinance, but the item is to pass an order that says to ignore the Ordinance. Chair Higgs stated the Board could amend the Ordinance. Attorney Knox noted that is correct; and the amendment to the Ordinance would be a normal amendment. Commissioner Scarborough inquired can the Board do emergency amendments to ordinances; with Attorney Knox responding yes. Commissioner Scarborough stated there could be an amendment to the Ordinance at next Tuesday’s meeting.

Motion by Commissioner Scarborough, to take no formal action to adopt an emergency order on replacement of non-conforming mobile homes during the recovery from Hurricane Frances, and table the item to September 28, 2004 as an emergency ordinance, which requires four votes.

County Manager Tom Jenkins inquired is there a rush; with Commissioner Scarborough responding he does not know, but would prefer to have the item before the Board as soon as possible in case somebody is suffering.

Commissioner Carlson noted if someone was suffering, he or she would come forward sooner. Commissioner Pritchard inquired has anyone come forward; with Ms. Busacca responding no. Commissioner Pritchard suggested the Board wait.

Chair Higgs stated she supports handling the item next Tuesday. Commissioner Carlson inquired can staff pursue some of those folks and find out if there is any interest. Commissioner Scarborough stated he wants to table the item to see if there are real problems and what the extent of those problems are; and there are only eight people to talk to. Chair Higgs noted in the Micco situation, it is the owners of the park; they control the lots; and the people do not own the lots in the park.

Mr. Jenkins suggested the Board table the item to October 12, 2004. Commissioner Scarborough noted somebody brought the issue forward quickly because there was a problem. Ms. Busacca stated the item was brought forward because staff anticipated there would be more problems based on the amount of damage in Barefoot Bay.

Commissioner Scarborough recommended the Board not take any action tonight; stated if any problems arise, staff can schedule the item on the September 28, 2004 agenda; and if there are no problems, it can schedule the item on the October 12, 2004 agenda.

Commissioner Colon stated folks are not going to know until they actually go through the permitting process; and that is when reality is going to hit. Commissioner Carlson stated the County needs an idea from the individuals that own the parks about what the people are doing.

DISCUSSION, RE: MINOR STRUCTURES WITHIN COASTAL CONSTRUCTION ZONE

Chair Higgs stated she is bringing to the Board’s attention the issue of structures that are being built within the coastal construction zone; there is a staff report; and provided pictures to the Board that were sent to her. She stated not building in the coastal construction zone that the County has set aside is extremely important; those people who have protected their dune have sustained less damage; those who have maintained the native vegetation sustained less erosion; and those people who did not maintain native vegetation are in danger and jeopardy of losing not only their gazebos and viewing platforms, but their homes. She stated the County needs to encourage people not to build structures that damage the native vegetation; if someone builds a structure and cannot get the light, the native vegetation cannot grow; it is a matter of safety of someone’s home; and there are a lot of people who come to Florida and buy a house on the beach, but do not understand that letting St. Augustine grass grow over the dune is not the wisest thing to do. She suggested the Board exclude viewing platforms and gazebos within the coastal construction zone; stated all the other things can be built that are listed under the Ordinance, except those two things; one can get access, walkover, and steps; the Board remembers the very high viewing platform that was 20x20 and 35 feet high; and it would exclude that.

Commissioner Pritchard stated the picture appears to be a deck, not a viewing platform. Chair Higgs advised it is a deck. Commissioner Carlson noted there is nothing underneath it. Commissioner Pritchard stated that is because the deck prohibits the light as Chair Higgs mentioned. Chair Higgs stated she is suggesting a viewing platform and a deck; but there can be a walkover structure, an access ramp, a walkway, stairways, and boardwalks. Commissioner Pritchard stated with a viewing platform, he is thinking of the picture Chair Higgs brought that was 35 feet in the air; this house, unfortunately, has a great view as there is no roof; and this kind of damage is a shame. Chair Higgs stated everything the County can do to discourage people from disturbing the area in the coastal construction zone is a protection of property.

Motion by Commissioner Pritchard, seconded by Commissioner Higgs, to adopt an Emergency Ordinance of Brevard County, Florida enacted pursuant to Section 125.66(3), Florida Statutes, amending Chapter 62, Article XII, Code of Ordinances of Brevard County, Florida, relating to coastal setback and control lines, specifically amending Section 62-4201 definitions and rules of construction; providing for the interpretation of conflicting provisions; providing for severability; providing for area encompassed and an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 04-40E.)

APPROVAL, RE: PROPERTY INSURANCE PROGRAMS FOR FY 2004-2005

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve placement of the County’s property insurance coverage as recommended by Risk Management and proposed by Brown & Brown, the County’s authorized Broker, to be effective October 1, 2004. Motion carried and ordered unanimously.

PUBLIC COMMENT

Chair Higgs inquired if Norman Lowry is still present; stated he wanted to talk about yard waste; and the Board discussed the issue earlier.

Commissioner Scarborough stated Mr. Lowry lives on River Road north of Cocoa; and he referred to Mr. Lowry’s thoughts in his remarks earlier; so the Board is aware of Mr. Lowry’s concerns.

RECOGNITION, RE: COMMISSIONER TRUMAN SCARBOROUGH

Commissioner Colon congratulated Commissioner Truman Scarborough on his reelection; and expressed appreciation to him for being a public servant.

Upon motion and vote, the meeting adjourned at 10:44 p.m.

ATTEST: __________________________________
NANCY HIGGS, CHAIR
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

_______________________
SCOTT ELLIS, CLERK

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