MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

July 2, 1998

The Board of County Commissioners of Brevard County, Florida, met in emergency session on July 2, 1998, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Helen Voltz.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

County Attorney Scott Knox advised of a proposed letter to the parents of Peter Castaneda, the boy who had an unfortunate tragic accident in a swimming pool.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the Chairman to send a letter to Pedro Castaneda and Sirisri Rutirasiri, extending heartfelt sympathies and condolences for the loss of their son Peter, and offering to assist with funeral and related expenses. Motion carried and ordered unanimously.

Commissioner O?Brien advised merchants and citizens of Merritt Island and County employees joined his office in donating liquids and cash for fire fighters in North Brevard; and they collected over three tons of Sunny Delight, water and other things and sent them to the Red Cross with the money. He particularly thanked K-Mart and Albertson?s on Merritt Island; and noted Albertson?s has a bin to collect food and water if anyone wishes to donate.

Commissioner Cook thanked the Commissioners for meeting on such short notice.

Chairman Voltz advised there are massive amounts of liquids for the fire fighters and incredible community support for them; and everyone needs to keep them in their prayers.

Commissioner Cook advised he contacted the County Attorney to draft an ordinance to prohibit fireworks in its entirety during this emergency situation; and even though originally the Board allowed fireworks over water, the situation is such that even that would pose an undue risk to the community. DISCUSSION, RE: FIREWORKS DISPLAYS (CONTINUED)

City Manager Jackie Burns, City of Indian Harbour Beach, advised the City Council sent a memo reiterating that it discussed the situation and felt the fireworks over water should be allowed, such as the one Melbourne puts on. She stated she checked with the Mayor again today, who is also the fire chief, and he feels it should be permitted to go on unless the Board felt differently. She stated he has been supporting the County with the fires around the clock; their volunteers have been in North Brevard day and night; so they truly care, but want the Board to know how they felt in support of the City of Melbourne if it wished to continue its efforts.

City Manager Jim McKnight, City of Rockledge, advised the big issue is not safety, but support of the efforts that have been going on countywide; their fire fighters were also in North Brevard around the clock; their fire chief was incident commander last night; and it would be a slap in the face to go ahead with the fireworks with everything that has happened to people in North Brevard. He stated the City?s position is to support whatever the Board wants to do.

Chairman Voltz stated what she saw today was a tremendous and devastating fire; one spark could cause fires in other areas; so it is a matter of safety, and for the benefit of all the fire fighters who have been fighting fires for over a month. She stated the Board needs to show its support for them and let them know it is trying to prevent as many fires as it can; and if it takes banning fireworks, then that is what it has to do.

Commissioner Scarborough advised the Port St. John and Titusville Jaycees voluntarily canceled their fireworks displays, as it could divert some resources; and they understand the bigger concern. Chairman Voltz stated the Palm Bay Jaycees and the Marlins canceled also. Commissioner Cook stated the County made a decision that it could not spare resources to have fire trucks standing by at fireworks displays.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Emergency Ordinance amending Emergency Ordinance No. 98-34E, prohibiting sale, use, discharge of fireworks and public fireworks displays during state of emergency; providing for enforcement; providing for penalties; providing for conflicting provisions; providing for severability; and providing an effective date; and approve the Emergency Order.

Commissioner O?Brien inquired if municipalities are allowed to opt out; with County Attorney Scott Knox responding they can between now and Saturday. Commissioner O?Brien advised the City of Cocoa Beach has its fireworks on a barge out at sea; they may feel differently than the Board does; but it is important to show unity with the community, fire fighters, and volunteers from different states, counties and cities. He stated fire fighters and fire trucks would need to be in any city that has fireworks displays instead of putting out fires in South or North Brevard; however, he wanted to make sure the cities have the opportunity to opt out.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously. (See pages for Emergency Ordinance No. 98-35E and Emergency Order.)

DISCUSSION, RE: FIRE FIGHTING EFFORTS (CONTINUED)

County Manager Tom Jenkins advised Public Safety Director Jack Parker will give the Board a report on the fire fighting efforts.

Public Safety Director Jack Parker advised they are experiencing tremendously large brush fires in North Brevard; currently, the estimate is about 40,000 acres; and it has stretched from SR 46 north to the County line, and crossed I-95 and U.S. 1 in several locations. He stated it is a huge moving wall of fire that is very difficult to contain; they have lost as many as 30 and possibly 50 structures; and they are in the process of doing damage assessment, although their primary responsibility is frontline fire fighting and trying to save as many homes as they can. He stated fire fighters saved homes that did not seem possible to save; the California and Texas fire fighters said they have not seen fires like this; and the commitment of the fire fighters is outstanding. He stated the fires are far from over; there are several threats; but their primary concern is south of SR 46, as fires have been spotted in that area and fire fighters are extinguishing those hot spots effectively. He stated if the fire front starts to approach SR 46, they may not be able to hold it at that location; and they hope the wind will help them and push the fires in another direction so it does not cross SR 46 because that would mean they would have to possibly evacuate areas south of SR 46. Mr. Parker advised fire fighters have experienced multiple injuries; there are approximately ten fire fighters who have been burned; others experienced heat exhaustion; but most are in stable condition and will be or have been released from the hospital. He noted there was a deputy sheriff seriously injured by a motorist while trying to prevent the man from entering a dangerous area; and there was a Florida Highway Patrol trooper who was also injured in that incident.

Mr. Jenkins advised other information that may be of interest to the public is the way the fire fighting responsibilities are divided; the State Division of Forestry is the primary agency fighting the wild fires and trying to keep them under containment; in addition to having forest fire fighters here, the Division also has three to four planes dropping water and chemicals to control the fires; and what has made their challenge so great has been the change in wind conditions which has made it extremely difficult to fight the fires. He stated the County?s fire personnel and all the support they received from municipalities in Brevard County has been tremendous; cities, counties, and other states are focusing on saving structures and concentrating on saving houses and businesses; and the fact that they have been able to accomplish as much as they have has been very impressive. Mr. Jenkins advised in order to supplement the fire fighting crews, the County brought out Mosquito Control spray tanks which are small trucks with small tanks that are able to roam the neighborhoods and spot sparks and small fires and put them out because they can go into areas where the big fire trucks cannot go. He stated Parks and Recreation has a number of small vehicles with tanks and sent them up as well; and Road and Bridge and Central Fleet personnel are up there in full support, providing a number of functions. He stated employees are also working to man the Emergency Operations Center; they have been overwhelmed with phone calls from the public; and they are trying to increase the number of telephones to accept all those calls. He stated the airplanes have been a key part of the process; he has been extremely impressed with the support the County received from all Brevard?s municipalities, surrounding counties, State of Florida, and other states; and it is an impressive display of cooperation and support.

DISCUSSION, RE: FIRE FIGHTING EFFORTS (CONTINUED)

Chairman Voltz stated from what she could tell, they had to stand and watch because they could not physically put it out since it was so huge. She thanked everyone for the job they are doing. She stated the meeting is live on radio and will be televised at 9:00 p.m. on Channel 68 or 21 tonight.

Mr. Jenkins inquired if the Board wants to review the questions that were timely asked; with Commissioner Scarborough responding people watching may not know the answers, and it may be helpful to provide that information.

Mr. Parker read the questions and responses from his memorandum of July 2, 1998, as follows:

(1) Question: According to the television there is a large camp set up in Volusia by the U.S. Forest Service feeding the fire fighters that are here from all over the country. At the same time, they were interviewing the mother of a Brevard County fire fighter who was making an appeal for food for our fire fighters. Why?

Response: All donations of food and drinks are being accepted at all County fire stations throughout the County. The American Red Cross has played an important role in ensuring an adequate amount of food and drink is available for this operation. Fire command personnel coordinate relieving their personnel for rehab and ensure food and drinks are delivered to their specific locations as needed. Currently, there is a large supply of food and drinks on hand. However, any donations are very appreciated as there is concern the Red Cross could possibly expend all of their resources on such a large scale incident.

(2) Question: There are a number of residents at the Handy Way Food Store. Can a kitchen and restroom be set up for their needs?

Response: There have been shelters set up with restrooms, sleeping areas, food, and drink. We do not want to encourage residents to remain in areas adjacent to the evacuation area due to health and safety concerns.

(3) Question: There also were pictures of National Guard vehicles assisting in fighting the fires in Volusia County. Are we receiving any assistance from the National Guard?

Response: Currently the Orlando District (four counties including Brevard) are utilizing National Guardsmen to assist them when necessary (transporting personnel, equipment, etc.). Governor Lawton Chiles advised that 60 more National Guardsmen will be coming into Brevard County on this date. Several of them are certified mechanics and will greatly assist our operation by keeping our trucks operational. We are not in a position to use them as fire fighters due to their lack of fire fighter training. We will, however, fully utilize their troops for logistical and maintenance support. The Federal Overhead Team (for the federal fire fighters) actually have a liaison in place to deal with the National Guard. Our requests will be made through Emergency Management, if necessary.

(4) Question: When will people be allowed back into their homes? Who makes that decision?

DISCUSSION, RE: FIRE FIGHTING EFFORTS (CONTINUED)

Response: The Fire Chief, Sheriff, Public Safety Director, and Emergency Management Director will consult with one another prior to lifting the evacuation order. Once it is determined that a specific area is safe for residents to return, the Director of Emergency Management will initiate the order.

(5) Question: Is a critique scheduled when the crisis is over? (Lessons learned.)

Response: Following the fire incident(s), command personnel will participate in a critique/debriefing of the entire incident. We will attempt to accomplish this critique as quickly as possible so the "lessons learned" can benefit future operations. Currently, the Fire Operations Center is conducting a daily briefing with available command to discuss problems encountered during the previous shift so that corrections could be made.

(6) Question: Are we identifying the homes which have been lost and working with owners to find them permanent shelter and government aid to rebuild? The high school shelter is only temporary.

Response: Currently our main concern is fighting the actual fire. When the areas which have experienced damage are deemed safe, Emergency Management officials will coordinate the appropriate personnel to perform damage assessments. BCSO is providing what information they can to residents standing by outside of the evacuation area. In addition, we will be placing a "status board" at the Astronaut High School shelter so that persons could be advised of any pertinent information regarding their homes as it is determined. Emergency Management officials can provide more detailed information regarding FEMA assistance and other governmental aid.

(7) Question: When will power be restored? The fire skipped over many homes but took out the power lines.

Response: Many of the power poles have been completely destroyed and will take some time to repair. We have received reports that Florida Power & Light Company replaced power poles in Volusia County which still had some fire threat. As a result fire reappeared and destroyed the newly installed poles and lines. Florida Power & Light Company repair personnel will begin returning electrical power as soon as they feel the threat of additional damage has passed. Florida Power & Light Company officials advised they will not be in a position to estimate repair times until they are fully aware of the extent of the damage.

Mr. Parker advised, as an update, Chief Boykin and he were driving through the area and Florida Power & Light Company was there putting in new power poles and lines.

Chief Boykin advised they had to call in a chopper drop to free up the Florida Power & Light Company power truck because personnel were trapped in the cab and fire was surrounding them.

(8) Question: What will FEMA be providing?

DISCUSSION, RE: FIRE FIGHTING EFFORTS (CONTINUED)

Response: Bob Lay, Director of Emergency Management, will be providing an answer to this concern.

Emergency Management Director Bob Lay advised FEMA is providing a lot of things, including funding for the aircraft, federal forestry, National Guard, the Fire Suppression Grant, and a community outreach team that will be going out in the morning to shelters talking to people and explaining the FEMA programs and things they are eligible for through FEMA, the Red Cross, and County and State programs that are currently in existence. He stated they will also be preparing flyers to get out to residents; and the damage assessment team from FEMA, State and County, and Small Business Administration will go into the areas as well. He stated the figures that come back are essential because they drive the leverage for the Presidential Declaration that includes individual assistance. He noted the Governor asked the President to include Brevard County in the individual assistance for the disaster, but he has not heard the results of that yet; and if that does happen, it would mean individuals who do not have insurance and those who have unmet needs that their insurance does not cover, will be eligible for individual assistance under that program.

Commissioner Scarborough thanked the Commissioners for their concerns; stated the people in North Brevard need to know it is a County issue; and he would like to invite the Vice President to the area to see the problems that are occurring.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to send a letter to Vice President Gore, inviting him to come to Brevard County to see the problems that are occurring. Motion carried and ordered unanimously.

Commissioner Scarborough advised people are asking what is happening on their streets and if their homes are still standing; and inquired if there is a way to have Road and Bridge go into the areas

and tell the people if their homes are okay, or share that information with the news media. Chairman Voltz advised the problem is their homes may be okay for now, but 20 minutes later it may be gone. Commissioner Scarborough inquired if they could say certain streets are untouched, some are 50% damaged, etc. to give the people some information.

Chairman Voltz thanked Public Works Director Henry Minneboo, Chief Farmer, and other employees and volunteers for their efforts in saving a house in the Mims/Scottsmoor area.

Tom Best, Administrative Aide to Congressman Weldon, advised the Congressman is extremely concerned about what is occurring in North Brevard; he has been in close contact with various officials and agencies and visited with Messrs. Parker, Lay and Boykin; and he has been in touch with the Governor to make sure he is working with State and federal officials to get the support to mobilize additional fire resources needed to deal with this situation. He stated they were in the Scottsmoor area when the fire crossed I-95 and jumped U.S. 1 and saw firsthand how serious the situation is; TiCo Airport marshaled an aircraft and they got an aerial survey of the area; and the fire line was about 18 miles in length which gave a feel for the gravity of the situation. He stated Congressman Weldon is doing all he can to help; they understand one of the big needs is additional DISCUSSION, RE: FIRE FIGHTING EFFORTS (CONTINUED)

air attack resources; there is a super scooper in North Carolina that Congressman Weldon was able to identify, and worked with Corey Brown to get the super scooper here which is being used in this effort. He stated the Congressman will continue to monitor the situation closely and bring to bear anything he can to help with the situation.

Commissioner Cook expressed appreciation for the coordination that has taken place in this crisis; and thanked the municipalities, the State, Division of Forestry, and most of all the people on the ground, the fire fighters, volunteers, and County employees who have done an admirable job in support of the people at the scene and the families impacted by this tragedy.

Commissioner Higgs inquired if the EOC is fully staffed and if each division of responsibility is fully staffed at this point; with Mr. Lay responding yes. Commissioner Higgs advised of the procedures followed during Hurricane Erin; stated some people are recovering while the fire emergency is going on; and inquired if recovery and full manning of the stations are going on simultaneously; with Mr. Lay responding that is how it should be done, but they are still in the response phase. He stated community relations and outreach provide information to people who are displaced; but the fire is still out of control, so they are still in the response phase. Commissioner Higgs inquired if this situation will move or operate continuously out of the bunker; with Mr. Lay responding they will continue to operate from the EOC as they did with the tornadoes in February and March. Commissioner Higgs inquired how many people are in the shelters; with Mr. Lay responding there were 112 at Astronaut High School today and 14 were persons of special need; but they anticipate that number rising when people who are waiting to go back home realize they will not be able to do that. He stated Astronaut has the capacity for about 560 or more people and keeping persons of special needs at the same facility, and there are two backup shelters they can open if needed. He noted the Red Cross is providing cots to the shelters and fire fighters; Kennedy Middle School is housing over 250 federal fire fighters and feeding them; and the School Board is cooking and providing meals there for the U.S. Forestry Service people and providing services at Rockledge High School for fire fighters. Mr. Jenkins advised based on the size of the fire operation, they have set up two operations centers, the normal bunker operation, and a fire operation center in the Public Safety building.

Chairman Voltz advised citizens should be alerted that it is a very serious situation and even a sparkler could cause tremendous problems.

Commissioner Scarborough stated SR 46, SR 50, SR 520, and SR 528 are closed, and I-95 and U.S. 1 are closed in some areas, so Brevard County is becoming an island accessible only by sea. Chairman Voltz stated if something similar happened in the south end of the County, it would close Brevard County in. Mr. Jenkins advised Bill Nelson will be here tomorrow morning to inspect the damage, and Representative Randy Ball was up there today.

Commissioner O?Brien stated there will be a real need for a quick-paced emergency rebuilding effort, including the permitting and inspection processes for those devastated by the fire; and recommended staff work with other agencies to speed up the process.

DISCUSSION, RE: FIRE FIGHTING EFFORTS (CONTINUED)

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to direct the County Manager to work with staff and communicate with outside agencies in an effort to speed up the process for all parties concerned, and allow priority permitting and inspections for those families whose homes and facilities were destroyed by the fires.

Commissioner Higgs advised during the tornadoes in the South part of the County, a special building inspection and permitting section was stationed there, but they had difficulty getting electricity turned back on in the homes even though they were habitable, so those lessons were learned. She recommended staff set up a similar permitting section in the north area.

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

Upon motion and vote, the meeting adjourned at 6:23 p.m.

ATTEST: _______________________________

HELEN VOLTZ, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

________________________

SANDY CRAWFORD, CLERK

(S E A L)