The Board of County Commissioners of Brevard County, Florida, met in special session on November 30, 2000, at 9:00 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Sue Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, Assistant County Manager Stephen Peffer, and *Assistant County Attorney Eden Bentley. Absent was: *County Attorney Scott Knox.

PERMISSION TO RESCHEDULE, RE: WORKSHOPS

Assistant County Manager Stephen Peffer stated the Board has a workshop scheduled on December 14, 2000, at 1:00 p.m. on the courthouse options; and requested the Board reschedule it to January 11, 2001, at 9:00 a.m.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to reschedule the December 14, 2000 Courthouse Options workshop to January 11, 2001, at 9:00 a.m. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to reschedule the November 30, 2000 Hungry and Homeless workshop to January 11, 2001. Motion carried and ordered unanimously.

WORKSHOP WITH LEGISLATIVE DELEGATION
Chairman Carlson stated at the Legislative Delegation meeting, the delegates supported having a workshop in January, 2001, before the session starts; and requested staff work on scheduling a workshop in January, 2001 with the Legislative Delegation.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to schedule a workshop in January, 2001 with the Legislative Delegation. Motion carried and ordered unanimously.

DISCUSSION, RE: SCRUB JAYS
Chairman Carlson stated the topics of today's workshop include scrub jay and its habitat, and how Brevard County can do something to hopefully preserve it, and the Community Based Organization (CBO)/Community Development Block Grant (CDBG) to determine if the County is going to consolidate the boards or keep them separate.

DISCUSSION, RE: SCRUB JAYS
Assistant County Manager Stephen Peffer stated in April, 1999, the Board requested Office of Natural Resources Management (ONRM) prepare a report on the current status of scrub jays in Brevard County; the completed report was sent to each Board member in September, 1999; the Board requested a workshop to discuss the report; and such request has brought forward today's workshop. He advised staff has updated the 1999 report with current data; a copy of the updated report has been provided to each Commissioner; the report is also available on ONRM website included on the County's homepage; and while the report focuses on the scrub jay, it also considers issues related to the present status of scrub habitat in Brevard County and Florida, as the two issues cannot be separated. He stated the decline in population of scrub jays is directly linked to the impacts to scrub habitat, such as its elimination, development, deterioration, over-growth, and fragmentation; by 1991, nearly 80% of non-federally owned scrub habitat in Brevard County was gone; the scrub jay population declined 87% from its levels in 1940; and current research indicates that since 1993, when the scrub jay population was studied during preparation of the Scrub Habitat Conservation Development Plan (SHCDP), the population has declined by an additional 50%. Mr. Peffer stated much of this most recent loss is due to the transition of open scrub to a more forested habitat, one which is not used or suitable for scrub jays; the survival of scrub jays depends not only on conservation of the habitat, but its proper management; the past and present status of the scrub jay in Brevard County is well documented in a report prepared by Brian Toland and other staff members; and while it appears obvious that the future survival of the scrub jay and other scrub-dependent species in Brevard County requires scrub preservation and management, it is also well known that achieving this goal will be difficult, controversial, and expensive. He noted while some members of the community may object to spending time, effort, and money on protecting a single bird species, it is important to recognize that the real issues relate to maintaining what little is left of Brevard's oldest natural upland habitat; among the contribution scrub makes to the quality of life for providing the best recharge of local aquifers, properly maintaining scrub can also provide a protection against wildfires in the urban/rural interface; and Section 3 of the report discusses a number of mechanisms and methodologies governments can consider to conserve and manage lands. Mr. Peffer advised Mr. Toland will provide a presentation of the report which the Board currently has; and Ann Birch will discuss some of the things staff has done over the last several years to protect and conserve scrub habitat. He introduced David Brinenger, who was instrumental in bringing together a lot of the data that is in the report; and Don Zato and Miles Myer, from U. S. Fish and Wildlife Service.

*County Attorney Scott Knox's presence was noted at this time and Assistant County Attorney Eden Bentley's absence was noted.

Brian Toland, ONRM, stated he will be highlighting and emphasizing some of the changes in the status of scrub jay populations and scrub habitat resources in Brevard County; he cannot emphasize enough the uniqueness of scrub habitat in the State of Florida, United States, and North America globally; scrub habitat is historically one of the oldest known upland habitats in Florida; and all of the scrub natural communities are associated with relic sand dunes that are the result of historical sea level fluctuation. He noted the characteristic that makes them unique is that they are composed of extremely well-drained sterile sandy soils; because of their degree of isolation over the years, sand dune ridges are the habitat of animals and plants that are found nowhere but in scrub; and they are referred to as endemic species. He stated the Florida Natural Areas Inventory lists scrub in Florida as both globally and State-imperiled; because of its well-drained characteristic, scrub has been a favorite substrate for human development activities; as a result, the Statewide estimates range from 70 to 85% permanent loss of habitat to both residential/commercial development and, in some parts of Florida, expanse of agricultural conversion; and a lot of the endemic plants are dwarfed as an adaptation to the relatively hostile environmental conditions associated with scrub. Mr. Toland stated a lot of the animal endemics are rather diminutive and furtive; the Florida scrub jay is the only species of bird that is completely restricted to the State of Florida; it is an ecological indicator and is completely dependent upon scrub habitats; and it is something of a habitat specialist. He noted because of that and its conspicuous behavior, scrub jays are easily studied; they are relatively conspicuous compared to the more furtive and diminutive endemic plants and animals; that makes them a good ecological barometer for the relative health of scrub ecosystems; and because they are closely tied to scrub habitats, they have mirrored the decline of scrub habitat, and estimates currently are that there are no more than 15% of the pre-settlement populations of scrub jays in the State of Florida. He noted in Brevard County, the scrub ecosystem is important, not only for Florida scrub jays, but for a host of other species that are listed as either endangered or threatened by federal and State government; the County has at least 34 species of plants and animals listed that are dependent upon scrub habitats; the bio-diversity in scrub habitats is also fairly high; and the County has documented at least 136 species of vertebrates that although they are not habitat specialists or endemics, they utilize scrub to a great degree. He stated at least 75 birds, 22 mammals, 30 reptiles, and nine amphibians are known, including a host of plant species; the biodiversity is relatively high in oak scrub and scrubby pine flatwoods; there are a lot of benefits scrub provides to humans as well; and they are a well-drained nature, and the soil nature is extremely affective in recharging groundwater. Mr. Toland stated scrub that is in a highly suitable condition has a mosaic of open sandy spaces that are devoid of vegetation; these provide a natural fire break; most natural scrub fires are relatively cool; and there are rarely catastrophic fires associated with scrub that burn at regular intervals. He noted oak scrub often depends on adjacent pine flatwoods to ignite it; there are also other benefits associated with both flood and wind erosion protection; of all the natural communities in Brevard County, oak scrub habitat is one of the few that is high and dry, and is never inundated at any time of the year; and it is accessible to people year around for passive recreation. He stated because of its uniqueness and biodiversity, it is also a great area for scientists and ecological research; the relatively low structural characteristics of the vegetation make it easy for the normal observational activities associated with eco-tourism; it is an easy habitat to observe animals and get around in; and it would make it extremely attractive for eco-tourism. He noted the preservation of open areas that allow access by human population increases the quality of life in Brevard County; because of its high and dry nature, and attractiveness to development, there has been roughly 70% of all scrub in Brevard County permanently converted to commercial and residential development in about a 50-year period, from the 1940's through 1991; and it is an average loss of about 5,000 acres per decade. Mr. Toland stated in 1991, scrub oak and scrubby pine flatwoods coastal strand were mapped; there are about 10,656 acres mapped, which is nearly 80% of the pre-settlement scrub permanently lost in Brevard County; the more the human population of Brevard County grows, the more effective the suppression of fires becomes; and it results in more acres of overgrown scrub which have a declining suitability to most scrub endemic animals and plants. He noted the County cannot overemphasize the importance of habitat suitability, especially in the decade of the 90's; the importance of habitat loss has probably been reduced in the last 10 years; but this more insidious process of over-growth due to fire suppression has become probably the most important limiting factor to scrub species. He showed a graph depicting unburned scrub that becomes unsuitable for scrub species and scrub jays; stated it indicates the probability of extinction for a population of scrub jays inhabiting overgrown scrub is virtually 100%; it does not matter what the population size is; and in optimal well-managed scrub that has its normal fire frequency, if there is a large enough population of scrub jays, the probability of going extinct is almost zero. Mr. Toland stated sub-optimal scrub needs to be managed, but is still occupied by scrub jays which are still persisting; there is still a fairly high probability of extinction, even with larger populations of scrub jays; the most important thing Brevard County is dealing with right now is the fire suppression leading to unsuitable habitat conditions; and it generally means that the scrub oak habitat succeeds into either xeric oak, which is a dry oak hammock, or forested sand pine scrub. He noted in Brevard County, the majority of the remaining 20% of scrub habitat is in the overgrown condition; once scrub habitats remain unburned for as long as 20 years, they become sub-optimal; the scrub jay population starts to decline; and they are unable to produce enough young to balance the mortality of the adults. He advised fragmentation is another insidious process because it may be camouflaged by the fact that there are still large patches of scrub remaining in certain areas of Brevard County; however, because of their fragmentation, there are a lot of negative impacts that start to affect scrub jays in a subtle way; the fragmentation can increase the effects of edge, which is increasing the exposure of scrub jays or the interface of scrub jay habitat with human infrastructure which increases the invasion of exotic or weedy species; and it also increases the efficiency of domestic predators and pets as predators on scrub jays and scrub jay nests. Mr. Toland noted it also increases the effects of road mortality; in the fragmented landscape, there are a lot of scrub jay territories; scrub jay populations are having to deal with fairly busy roads that bisect territories; and in order for the scrub jays to make full use of their territory, they are having to fly back and forth across fairly busy avenues. He advised one of the most important negative impacts of fragmentation is as the patches of scrub become smaller and greater distances apart, there is the probability of ending up with genetic isolation, and some of the effects of in-breeding become exponentially higher. He advised in 1991, a study showed that 37% of Brevard County's scrub was already fragmented into small patches 25 acres or smaller; now it is probably over 50%; the long-term decline of scrub jays has continued since the 1993 Statewide Census occurred; and Brevard County has estimated a 50% decline of scrub jays on the Mainland since 1993, which compares closely to some of the long-term studies in other areas, especially along the Atlantic Coastal Ridge in Indian River and Palm Beach Counties. He stated the scrub jays are facing a lot of the same negative impacts, including rampant development, fire suppression, and fragmentation; the County has less of an idea of the absolute numbers and declines of scrub jays on federal properties, including Merritt Island and Cape Canaveral; the long-term studies that have been taking place there suggest that scrub jays are declining around 50% per decade; and it is predominantly because of scrub overgrowth and lack of burning due to NASA's narrow launch windows and constraints on finding the opportunity to do burns, as well as the expansive nature of Merritt Island and the unique characteristics of undulating scrub ridges with wetland swales, which make it a more difficult system to access, study, and inventory. Mr. Toland stated in areas that have been studied long-term, there is documentation of a fairly steep decline; conservation of Florida scrub jays is dependent upon adequate acquisition, protection, and management of scrub habitats; the most important single management tool is prescribed fire; because the scrub has become so overgrown in Brevard County, a lot of it is difficult to burn unless it receives some mechanical renovation, either logging or chopping prior to burning; and all of the scrub and scrub jay populations along the Atlantic Coastal Ridge are ultimately dependent upon the burn frequency that simulates the natural fire frequency in scrub. He noted along the Atlantic Coastal Ridge it is approximately every eight to 12 years; in Brevard County presently there are about 1,620 acres of scrub jay habitat that is in the public domain; most of it has been acquired by the Environmentally Endangered Lands (EELs) Program; and it is about 15% of the scrub jay habitat acres that were mapped in 1991. He stated in the early to mid- 90's, the SHCDP did some extensive biological analysis and assessment of scrub jays and scrub habitat in Brevard County; the ultimate recommendation was conserving a little over 10,000 acres of scrub jay habitat, either occupied or restorable; the 10,000 acres, if it were managed properly, could support approximately 400 breeding pairs of Florida scrub jays; and studies out of Archibald and reports from long-term studies on the Lake Wales Ridge have identified 400 breeding pairs as a core population, with the highest probability of long-term survival of the remaining population sizes in Brevard County. Mr. Toland advised there are only a few places in the State of Florida that can achieve 400 breeding pairs that are physically contiguous and contiguous habitat; it is probably not going to be possible in Brevard County; however, the County can use conservation of meta-populations and still achieve similar long-term viability of scrub jay populations; and meta-populations are smaller populations that are not necessarily physically or geographically contiguous, but they are demographically interrelated, which means there is still genetic exchange through dispersal of scrub jays from one smaller subpopulation to another. He noted he has identified four general areas in Brevard County where it still has the potential to manage and conserve those types of meta-populations; probably the most impressive one is the South County Florida Scrub Jay meta-populations; in this area, which is approximately from Palm Bay down to the Indian River County line and C-54 Canal, there is the occurrence of concentrations of scrub jay territories; and through acquisition, primarily through the EELs Program and adequate management, there is habitat and potential habitat to conserve for long-term at least 120 breeding pairs. He stated some of the new information staff is getting indicates it could be significantly higher than that; the nice thing about South Brevard County is that scrub ecosystems and scrub jay populations are demographically connected to those in Indian River County; when considering the entire meta-population of both northern Indian River County and South Brevard County, there is the potential for the fourth largest population in the State of Florida; and the second area is identified from Viera down the Wickham Road corridor to Wickham Park. Mr. Toland stated in this area, Brevard County has protected an area that has the potential to conserve at least 25 territories of scrub jays; Wickham Park has the potential to conserve another five or six territories at least; the concern of staff is what is in between; and the Wickham Road corridor currently is contiguous with scrub jay territories; however, all of them are vulnerable and development is imminent throughout the entire corridor. He noted the next area to the north is the North and South Grissom Parkway area; it includes TiCo Airport and industrial areas, as well as the Enchanted Forest and EELs proposed acquisitions; such area could easily, through proper management and acquisition, have a long-term meta-population of at least 50 breeding pairs of scrub jays; and the North County area is comprised of Buck Lake. He stated it includes South Lake, Fox Lake, and Seminole Ranch; and if all the area was conserved and some of the management that EELs has already initiated in the Buck Lake area is continued, there could easily be 30 to 40 scrub jay territories. Mr. Toland stated in some of the more recent information staff is receiving regarding Seminole Ranch, there could be more than 50 breeding pairs.

Ann Birch, Project Manager, advised the mission of the EEL Program is to preserve biological diversity; it helps the County meet its goals of the referendum in 1990, which is conservation of the natural resources and to provide passive recreation and environmental education opportunities; the EEL Selection and Management Committee sets out to identify areas for acquisition through the EEL Program; and it identified three major acquisition projects, including the North Indian River Lagoon, Maritime Hammock Initiative Conservation and Recreation Lands (CARL) Project, and the Coastal Scrub Ecosystem CARL Project. She stated the County has been able to successfully capitalize partner funds through CARL, Florida Communities Trust (FCT), and St. Johns River Water Management District (SJRWMD); they have all been excellent partners; and the County has spent less than 50% of the acquisition funds. She showed figures of what scrub is remaining to be acquired within what staff has identified in the Coastal Scrub Ecosystem CARL Project; it is in the bargain-shared project, which means the State and the County share 50-50 acquisition costs; there are almost 17,000 acres identified out of tax assessed value of $46 million; and in the Mega/Multi-parcel CARL Project of the Coastal

Scrub Ecosystem, which means the State is responsible for 100% of the acquisition, there is almost 10,000 acres identified at $34 million. Ms. Birch stated together there is about $81 million worth of land identified and 27,000 ? acres; if the County were to buy all that is remaining that it has identified, the potential EELs share would be $23 million and the State's share would be $57.5 million; the State is taking the bulk of the responsibility for acquisition; and the County has been able to leverage successfully State dollars on this.

Commissioner Higgs inquired has the State approved all of it; with Ms. Birch responding negatively. Ms. Birch advised this includes the new boundary amendment that she will bring to the Acquisition and Restoration Council in December, 2000 for approval; it is approximately 9,000 acres; staff has every indication that it will approve it; and some of it is in mega-multi and some is in bargain share. She stated there is $5 million available in funds currently for acquisition; remaining State reimbursements for properties the County has purchased that the State has committed to providing matching funds is nearly $5 million, for a total of about $10 million; $3 million is dedicated to the North Indian River Lagoon project area, which is part of the Blueways CARL Project, and properties that the Selection and Management Committee have identified in South County, which staff is presently negotiating with the owner; and there is about $7 million, which would double if the County were to receive 50% State funding. Ms. Birch advised the funding goes back into land acquisition which would be another $14 million; staff tried to calculate what it has acquired, what is still proposed, and what is actual scrub habitat; the County has about 1,000 acres of xeric oak scrubby flatwoods or restorable sand pines scrub; and there are about 3,400 acres that could be either restored or is existing scrub habitat. She noted the caveat is that this is 1990 mapping data; staff believes there is more scrub in these lands; and it is proceeding with habitat mapping of at least the acquired part of County lands so there is a more accurate figure of what is scrub on EEL lands. Ms. Birch stated SJRWMD has the bulk of the management responsibility for scrub; it is all in the Buck Lake Conservation area; it has the primary management responsibility of it and the County manages the scrub area which is approximately 350 acres; the U. S. Fish and Wildlife Service is managing the north Indian River Lagoon portion; and the County has about 3,500 acres it will be responsible for managing. She noted the management activities that have occurred to date on EEL lands include pine thinning; the County has been able to thin about 200 acres of pine in the Valkaria area; the pine creates an overstory that prohibits jay movement within scrub areas; the County has conducted about 95 acres of mechanical treatment throughout the scrub sanctuaries; and it has conducted prescribed fire on about 600 acres. She stated mother nature has helped out, including 500 acres within the areas; there has been exotic plant treatment of 90 acres; planned for FY 2000-2001 is to have prescribed burn put into approximately 800 additional acres, and mechanically treat about 90 acres; and the mechanical treatment is necessary as much of the scrub is overgrown, and prescribed burns do not cut the scrub oaks back.

Mr. Toland stated there are a number of methods and strategies that need to be implemented to successfully protect and conserve the scrub ecosystem in Brevard County; acquisition is a high priority; cooperative agreements with entities and agencies that have scrub habitat on their lands could be established, including airports, golf courses, Florida East Coast Railroad (FECRR) right-of-ways, and Florida Power and Light (FP&L) Company; and conservation easements are another less than fee simple strategy. He noted the County may also need to consider regulatory alternatives, including habitat conservation plans, mitigation banks, impact fees, and local ordinances; it is going to require a multi-faceted approach; not only is it important to maintain the bio-diversity, scrub ecosystems, and all the unique plants and animals that occur in Brevard County, but it could also further the County mission and help it realize its vision which includes protecting and conserving natural resources; and it is a big way to improve and enhance the quality of life for Brevard County citizens.

Zada Albury Hunter pleaded for moderation in the Board's response to the scrub jay report; stated two years ago she learned there were Bills introduced into the State Legislature to change the State bird, from the mocking bird to the scrub jay; that is how she got interested in the scrub jay; and she worked against the Bills. She advised she is not a member of any organization or group; the Bills did not make it to the floor for votes last year or the year before; if they are introduced again this year, she will work against them; and she does not want to change the State bird and does not hate scrub jays. She noted when she asked environmental groups why they wanted to change the State bird she was told it was because it was on the threatened species list, and if it were the State bird they would be able to educate people about its needs; she is happy for them to educate the people about the needs of the scrub jay; but the answer she realized finally is that if the scrub jay were the State bird, it would be much easier for them to persuade the public and local, State and federal governments to provide additional money for more land and maintenance of habitat for the scrub jays. Ms. Hunter requested the Board not be misled by the fact that grants have been awarded for these projects; stated the money comes out of taxpayers' pockets one way or another; most of the money stays in the agencies that applied for the grants; and there are people present today who will be speaking to the Board about the needs of human beings in Brevard County. She stated she does not know how the County can justify spending millions of dollars more on land for a few birds when money is needed for schools, crime prevention, roads, and people; if the environmental groups are so concerned about preserving the scrub jay, let them buy the land themselves and maintain it; they have plenty of money for their own salaries, financing studies, lawsuits, lobbyists, and grant writers; she is concerned about the continual purchase of land for environmental uses and the money it will take to support this growing industry; and more tax dollars will be needed for maintaining the land.

Commissioner O'Brien commented he does not believe it is necessary for public speakers to give their addresses; and their name and what city they are from is sufficient. Commissioner Scarborough concurred with Commissioner O'Brien's statement.

Edwina Davis stated the mission for Brevard County is to do what is best for people, which includes all of its inhabitants; when she bought a house in Melbourne Beach there were scrub jays in her yard; as years went by, she did not see scrub jays anymore; and in 1994, she and a friend walked near the Canova scrub and saw a scrub jay, which she had not seen in about 20 years. She advised also in 1994, she attended a Board meeting on scrub conservation and development plan procedures; she was excited with the way The Nature Conservancy was trying to work with Brevard County to come up with a plan for preservation of lands so there would be a viable population of scrub jays in the County; the plan has not happened, but she has not given up hope and is optimistic that the Board is going to come up with a plan that will preserve a viable population of scrub jays in Brevard County; and on the beachside where she has lived, she no longer sees scrub jays. Ms. Davis stated management of habitat is utmost important; there needs to be preservation of lands; if the land is not properly managed, she does not see that the scrub jay has a chance to survive; and hopefully this time Brevard County will not only be proud of its plan, but proud that it is a leader and unique as it has habitats here that are not found anywhere else. She noted she is happy this is in the Board's hands and it is going to find a balanced approach that will be good for everyone.

Kim Zarillo advised of the value to humans of scrub habitat; humans need water quality and quantity through recharge; stated bio-diversity is a concept that is misunderstand; but future prescription drugs for humans may come from scrub habitat; research is slow and getting drugs to market is slow; and people may not know the possible benefits to humans if they let it be eliminated. She advised research has been done on pollinators for food supply on agricultural crops; it is found that during the year when food crops are not actively growing and flowering that pollinators use habitat on the outside of agricultural lands; and preserving land is important to humans in another way. She stated prescribed fire that is needed on managed scrub is important as it reduces the fire load for human habitats; homes are protected by reducing the fire load and possible threat to their property; many programs have been evolved and developed to help youth at risk and other areas of human population, including other young people, young adults and elderly people by bringing them in close proximity to nature; and experience with nature has helped them improve their lives. Ms. Zarillo requested the Board consider the items outlined, including cooperative agreements with other agencies, municipalities, and private organizations, mitigation banks, possible impacts, and if regulation is needed; stated the HCP plan may not have been put into effect, but the outline is there; it still holds great possibility; and she too is optimistic about the willingness of the Board to try to improve the quality of life for Brevard citizens.

Ron Pritchard inquired is the County talking about scrub jay population or managing development; stated they are two important issues as they are diametrically opposed in that one has become an emotional issue and the other is more concerned about quality of life; if the County is going to talk about managing the development of Brevard County, it only has to talk to people that lived in Fort Lauderdale; and he was one of those people who is now living in Brevard County and does not want see that type of environment here. He stated the focus should be more on managing and controlling development than talking about whether a species is threatened or endangered; when looking at figures such as 25 acres per breeding pair and he sees people stacked in condos and apartments, it does not hold a lot of weight with him; and if the County wants to talk about focusing on areas that, under proper planning and zoning, should be controlled for certain types of development, he can relate to that as it is a quality of life he can accept. Mr. Pritchard stated in 1998 it was about $92 million for the plan; it is about $80 million on total purchase price for the property; if the costs are going to be $80 million or $50 million, the County needs to make sure it is giving the actual costs of the program, which includes annualized maintenance, etc.; he does not believe the public is being treated fairly when they are told the costs; and he hopes what the County is talking about is managing growth and development. He requested the County put the facts and figures to a truism that the public can believe.

Lillian Banks stated the figures are mind-boggling; it is interesting how Brevard County wants to spend taxpayers' money; the County recently managed to saddle the citizens of Brevard County, with the exception of the ones in Central County, with an initial tax burden of approximately $72 million, which they will be paying for the next 20 years; and a great share of it was to purchase land. She noted the County is back at the feeding trough wanting to take more land off the tax rolls for the noble cause of protecting a bird; the scrub jay plan of September, 1999, there were 10,656 acres of scrub jay habitat in public ownership, exclusive of federal property; the federal-owned property in Brevard and Volusia Counties is approximately 135,000 acres that has been under the habitat management for the past 10 years; and the plan wants to conserve another 10,285 acres on the Mainland to support 400 breeding pairs forever, which is 27 acres per pair at a cost of $300,000. Ms. Banks stated at the time of the report there was 44% of the Mainland in public hands; there is only 56% to go and the human species can perhaps live in the trees; the 2,500 additional acres proposed for acquisition must have connecting habitat corridors; biologists from Jacksonville, Florida, indicated the scrub jays cannot cross water; and the late 1700's, Audubon found the only scrub jays in Florida resided in the extreme southwest area. She inquired how did the rare species get to Brevard County and from the Mainland to Merritt Island; stated a HCP was attempted at one time and after six years and expenditures of $400,000 of federal grant money, the plan ended because the $92 million cost could not be funded; now there is the same kind of plan and same cost; and inquired how is it to be funded, through increased property taxes, creation of a new Municipal Service Taxing Unit (MSTU), sales tax, add-on tax, or grants. Ms. Banks stated the solution will pick the pockets of the taxpayers; Vice President Al Gore said, "We have one child out of every eight going hungry"; and inquired when do the children get considered. She noted the Citizens for Sound Economy (CSE) did a report two years ago where every household in the United States is paying $2,000 for environmental problems; she is paying another $131 for environmental reasons in Brevard County; with Parks and Recreation buying more land, she is going to pay another $100 next year; and her taxes have already increased $26 this year. She noted this is a lot of time spent telling her the County is going to spend $80 million of the taxpayers' money; she does not care where it comes from as it is out of her pocket; and it is disturbing.

Chairman Carlson stated there were three out of four referendums that passed; it was a choice and the citizens chose to tax themselves; therefore, it was not saddling any residents in that regard.

Mr. Toland clarified the 10,656 acres were mapped in Brevard County, but not in public ownership; and only 15% of it, which was 1,620 acres, was actually acquired.

Laurilee Thompson, representing Tourist Development Commission (TDC), stated she has the marketing plans for two municipalities in Brevard County; there are four Chambers recognized; 50% of them have based their marketing on promotion of natural assets; and the goal of the Palm Bay Visitors and Convention Bureau is promotion of nature and the natural beauty of South Brevard County, as well as the many attractions throughout Brevard County. She noted the objectives are to attract national and international visitors to the area to enjoy the scrub habitats, sea turtles, manatees, alligators, birds and fishing; they want to promote Turkey Creek Sanctuary, Margaret Hames Nature Center, Sebastian Inlet State Park, the natural beauty of the beaches, and other attractions of South Brevard, such as the Andretti Thrill Park; benefits would be an increased usage of the hotel accommodations, restaurants and attractions in the area; and in addition to helping maintain the quality of life in Brevard County, there is an economic benefit to preserving some of these areas. Ms. Thompson advised Brevard County has unique scrub habitats; and it has an opportunity to promote its assets, maintain its quality of life, and provide economic benefits to the community.

Commissioner Scarborough stated the argument continues to go back to whether the County is buying scrub jays at $300,000 a scrub jay; when Florida was founded, there were few people and they could dump anything in the Lagoon and catch many fish; but the problem is man has become his own worst enemy; the people are losing things they have taken for granted; and if there is no longer clean water or clean air, the people are going to lose things. He advised the scrub jay habitat is one of the prime recharge areas; in North Brevard there is a fault that prevents the Florida aquifer from flowing into the well fields that North Brevard draws from; it has to be recharged exclusively in sandy-type soil; and it is a cost as certain people own the land. He noted the County cannot seize people's property under the law in which it lives; there is a cost as citizens of Brevard County to preserve what it previously considered theirs for the taking, including clean air, clean water, and an environment it can live in; the people may find the scrub jay enjoyable, but like the canary in the mines that Conrad White reminded him of, if the canary dies, the people die shortly thereafter; and it is a human issue. He stated the quality of life is equated to property values because nobody will move here; people will also move from Brevard County because it will become what it does not want to be; and few people are moving to the south Bronx today.

Commissioner Higgs stated the County needs to preserve the quality of life that the citizens of Brevard County want; the urban jungle of concrete is not what people want; in order to do that there is a cost; there is no free lunch; and the County can say pay it now or pay it later. She noted if the Board makes some good decisions now, 20 and 30 years down the road it is not going to have to pay the exorbitant cost for clean water and clean air; if it moves forward today and makes a reasonable investment to preserve certain precious ecosystems, it will be much less expensive; the quality of life will be there for everybody; and there are things that can be done today. She stated land acquisition is critical; there are regulatory things the County can do that are directed in its Comprehensive Plan, including critical habitat ordinances; it can do different things concerning development that would move scrub preservation forward; and the costs could be shared by the end user if the County looks at some redevelopment principles and redevelopment of some land areas that may already be platted so that core areas can be preserved. Commissioner Higgs noted exterior areas that are adjacent to core areas can be redeveloped and sold; the money can be supplied for preservation; those are difficult sometimes to do, but in the long run, are cost-effective; and there are types of programs that could be used through EELs in which the County allows people to do a memorial gift to the programs so that preservation occurs and can generate private money for preservation of land. She stated if the County maximizes State and federal funds, and uses some regulatory and redevelopment, it can move forward in a cost-effective manner and achieve what it wants.

Commissioner O'Brien stated if the County looks at the concept of purchasing 10,000 acres of property in Brevard County, it also has to look at the overall cost which would be approximately $100 million; that is based upon $1,000 per acre and, in general, it goes for more than that; $3,000 per acre would be $300 million; and the mechanical clearing costs about $1,000 per acre to clear the underbrush and old scrub, which would be another $100,000 million. He inquired if the County has fire suppression causing these problems, what is it going to do to reduce the amount of fire suppression and allow some of the acreage to be burned; stated it may have to go to the land owners and request them to burn their land; the County is looking at a price tag that exceeds $400 million; and it is about $1,000 for every man, woman and child in Brevard County. He stated the maintenance bill never stops; the County needs to look at what will the acquisition and maintenance costs be for the citizens; the briefing book indicates Brevard County has the fourth largest population of scrub jays in the State, compared to Ocala National Forest and Lake Wales Ridge; and he finds some information contradictory. Commissioner O'Brien stated some information indicates Brevard County has half the population of all the scrub jays in the entire State; inquired how can the County have the fourth largest population of scrub jays and also half the population; and he worries about what the Board is being told.

Commissioner O'Brien stated he has a copy of the Board's August 28, 1995 Minutes; Dr. Swain was present and stated, "If Kennedy Space Center (KSC) restores habitat, it is immediately occupied by jays from poor quality habitat on KSC. The KSC jays are looking for good quality restored habitat, the same as the rest of the jays." Commissioner O'Brien stated one of the questions was, "If the habitats on KSC and Cape Canaveral Air Force Station are restored, could they accommodate more jays?"; and Dr. Swain's response was that the cheapest mechanism is to restore adjacent habitat that birds can move into as they are extremely good at moving into quality habitat in the neighborhood. Commissioner O'Brien stated U. S. Fish and Wildlife was also at the meeting and indicated it was paying Merritt Island Wildlife Refuge to create better habitat; Dr. Swain stated, "The Refuge put a considerable effort into full habitat restoration. NASA funds a lot of the work on the Refuge and there is close correlation between those two on restoration activities." Commissioner O'Brien stated five years ago, KSC, NASA and Merritt Island Wildlife Refuge restored all kinds of land for the scrub jay habitat; five years later their population has decreased by more than 50%; and inquired does that mean all the effort they made to help save the scrub jay and restore habitat was a failure, ineffective, or not going to work; and therefore, what the County is talking about today also is not going to work. He noted no one has established yet what will work to protect and enhance the scrub jay; and the County keep plowing forward, but does not have the right mechanism to do it.

Mr. Peffer stated it would be more productive to get away from looking at the count of the scrub jay as the numbers can be confusing; out of the original scrub that was in Brevard County, there is about 20% of it left; and what needs to be the focus of the effort is not to talk about birds, but their habitat and what is the importance of that habitat to the human community, and does it have the value that the County believes it does have to support what it would take to save and preserve it. He noted another fact that Brevard County does not have a good handle on is the economic value of some of this; if it starts looking at the habitat that is left in terms of the economic return that is there, even if it is not measured, it begins to feel there is actually an offset to the dollars and costs it is talking about; whether it is $50 million, $80 million or $100 million, there is an economic return which is also measured in many millions of dollars, whether it is the number of beds that are for the tourists or the value of recharge, protection, and clean water and air; and the County needs to be looking at the land and not the bird.

Commissioner O'Brien stated he wants to make sure if the County moves forward and looks at acquiring acre after acre or whatever it has to do, that it is the right way to go; page 16 indicates since 1993, single family scrub vegetative lots cleared in Brevard County totaled 369 acres; it does not seem to be an extraordinary amount of acreage being cleared over six years; with that loss of acreage, the County has lost more than 51% of the scrub jay population; and inquired what is wrong with that parallel.

Mr. Toland stated the limiting factors and constraints that federal properties face at KSC and Merritt Island are quite dissimilar from what the County is dealing with on the Mainland; with NASA and Air Force activities, they have experienced a history of limited opportunities to conduct management of scrub; only in the last two years have they been able to effectively conduct site and species specific management activities and burns on the area; and they estimated that maybe 400 to 500 acres have been done each year for the last two years. He noted they may have proposed to do management that would benefit scrub ecosystems and scrub jays over the last several years, but have only effectively conducted these over the last couple of years; and it is difficult and inaccessible to get some of the heavy equipment that has to be in certain areas in order to set back and mechanically renovate the scrub so it can be subsequently burned. Commissioner O'Brien noted Dr. Swain was at the meeting five years ago and told the Board that KSC was restoring scrub jay habitat at that time; and County staff is insinuating it has only been done recently in the past year or two.

Commissioner Higgs stated what Dr. Swain was anticipating five years ago was a more aggressive plan at KSC; what Mr. Toland is explaining in terms of what has actually been done is fairly limited in restoration; in looking at the management of the Lake Wales Ridge population and what they have done there, the County sees a far more productive successful management arena than at KSC; and the County can go to those activities and what has gone on there to get a guide or model for what it might do in Brevard County. She noted the models coming from Lake Wales Ridge are showing success; and some of the areas where the County has been able to manage where the burns have occurred show a good success in some areas of Brevard County.

Commissioner Colon stated Commissioner O'Brien has every right to be concerned in discussing several issues that have to do with scrub jays; the Board gave staff direction to have a workshop about the birds; she does not want to hear about the scrub jays, but what it is going to do for the taxpayers and citizens she represents; and she believes the presentation should have been the direction on the quality of life of the community. She inquired about the maintenance Brevard County would have to do when developers come into the community and build high rises and apartment complexes, and the services taxpayers would have to pay, including emergency services and infrastructure; stated the County needs to look at the bigger picture; it is not just about scrub and scrub jays; and she is interested in the quality of life for the citizens of Brevard County. She stated the people did not move to Brevard County to have an urban jungle and cement city; that is what concerns her; the County should take advantage of grant money as another county will take it if Brevard County does not; and Brevard County's vision is to contribute, enhance, and insure its quality of life today and always. Commissioner Colon stated this is about managing growth; it all ties together in regard to economic development; and she is disappointed that all the County is talking about is the scrub jay. She advised the direction of the Board is to watch out for taxpayers' money and protect the quality of life; and that is what it should be discussing.

Chairman Carlson stated the County is looking for balance; it is time to look for solutions; and staff has outlined some solutions in the report.

The meeting recessed at 10:50 a.m. and reconvened at 11:05 a.m.

Mr. Peffer stated the County needs to go beyond thinking strictly about scrub jays; scrub is a unique part of Brevard County; and if the County wants to deal with the issues that have come up today, it needs to look at what to do about the habitat; and the County has worked on the issue over many years and still has many years to continue. He noted the report includes a number of different options dealing with the preservation of scrub habitat in Brevard County, including acquisition, regulation, non-regulatory control, partnerships, and foundations; staff can bring back at a later date more refined opportunities according to the direction the Board would like to take; scrub is a threatened type of community and hardly has any regulations; and the County is trying to accommodate some form of dealing with it that is fair to the public and is also going to preserve something for the future of the citizens and the children. Mr. Peffer stated there are a number of different ways to go and it is what the Board believes is in the public's best interest that it needs to try to determine.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to endorse the efforts of EEL and staff to acquire property through the EEL Program and available State resources; authorize the Chairman to send a letter of support to the State for the amendment which will be considered on December 18, 2000; and authorize the Chairman or a designee to represent the Board at the hearing. Motion carried and ordered unanimously.

Chairman Carlson suggested the County review whether or not it could do something with the millage, such as increasing it, for possible dollars to go into a fund to assist in the scrub jay issue in a more holistic perspective. Ms. Birch responded what would help is to increase the funding level and staff level for acquisition; acquisition is a time-consuming labor intensive process; the crux of it is the landowner and whether or not the landowner wants to sell their property for the price the County can offer it for; and they are the missing link in this. She advised the program is only as good as the land the County can buy; the bottom line is whether it will be able to buy the land; other alternatives have to be looked at if the County cannot buy the land; and the U. S. Fish and Wildlife Service has a program called the Safe Harbor Agreement that allows private landowners to manage their land for species, so there are other mechanisms that staff is reviewing.

Chairman Carlson requested staff provide an analysis of what an additional half-mill on the EEL millage would generate. Ms. Birch advised the EEL Program acquires land for biological diversity; and if the County is looking for a single habitat focus, it needs to be identified. Mr. Peffer stated the quarter mill now generates approximately $4 million a year; and adding another quarter mill would be another $4 million a year. Mr. Peffer stated the County's Scrub Preservation Program is the EEL Program; it does not regulate scrub or have any development regulations which treat scrub differently from other upland habitats; the only additional consideration it gives are maps which identify scrub; and when the County knows development proposals are coming in for those areas that would impact them, it advises U. S. Fish and Wildlife Service of those activities, so it is a notification process. He stated the County also notifies the landowner that may have development proposal that they need to coordinate with the Wildlife Service as it may require permits for the activity; that is where the permitting occurs; the County does not have any special treatment other than that in Brevard County; and one does not need to get a scrub development permit from Brevard County.

Commissioner Higgs stated the County's Comprehensive Plan includes a directive to create a critical habitat ordinance; and inquired what is the status of it.

Section Supervisor Conrad White advised there have been a number of different dates associated with it, but the latest date is 2004 that the County will develop a critical habitat ordinance. Commissioner Higgs inquired what would be the time frame if the County focused only on the scrub ecosystem. Mr. Peffer responded a critical habitat ordinance would encompass a number of different things; the County would be identifying scrub as a significant area; it would identify appropriate development measures and techniques which would include conservation elements; and it could go beyond that as well. He noted it would be an evolutionary process as staff received the Board's guidance as to what it would like to see in it; it is also a public process and there would be public opportunity to participate; and as far as dealing with scrub as an issue, some of the things that have come up in discussions include incentives to property owners to manage their property. He stated the County needs to look at it in a comprehensive way, not just as regulatory, but rewards, acquisition, conservation and management it is undertaking now.

Commissioner O'Brien stated in 1995, Mr. O'Connell was here and responded that it is immaterial whether they are called critical habitat or not; legally the definition of critical habitat is it only applies to federal actions or federal lands and does not matter to private lands; scrub habitat is regulated; and if one has scrub habitat, they have to approach U. S. Fish and Wildlife Service to determine whether they have a mitigation requirement. He inquired does the County want to now make another law on top of the Wildlife Service's law to regulate land.

Commissioner Scarborough stated Brevard County is as much a part of the development community as anybody else; inquired if it recognizes a habitat that is critical, should it not in some way discipline itself, as much as the developer, in its thought process; and stated it is a logical step in the right direction.

Commissioner Higgs stated she does not believe the U. S. Fish and Wildlife Service's action should be the guiding principle for the Board; what the Wildlife Service does is a separate process; Brevard County is somewhat a part of it; but it should go back to how does it preserve the quality of life; and not worry about so much the regulatory focus of the Wildlife Service. Commissioner Scarborough stated the County can blame the developer, but the blame really belongs to the Board as it is the one who draws the line.

Commissioner O'Brien expressed concern that the Board would discuss doubling the EEL tax; and stated it should go to referendum in 2002 to see if the population of Brevard County wants to continue the EEL Program.

Commissioner Higgs stated the information was simply asked for and it would not be appropriate to say the Board is saying it is going to increase taxes.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to request staff provide a memo outlining the scope of a critical habitat ordinance and the implementation and implications. Motion carried and ordered unanimously.

Commissioner O'Brien stated the County should also look at quality of life issues; if it is going to control and manage growth, and look at the bigger picture in Brevard County, then today is the place to start with it because of preservation of some of the lands.

Chairman Carlson stated concerning the EELs issue, the opportunity presented itself in 1990 to take advantage of leveraging every taxpayers dollar by passing the referendum; 60% of the people indicated they wanted to do that; she does not know if it would pass again to increase the millage; and the reason she mentioned it is because she is trying to look at every taxpayers dollar and leverage it. She noted there is funding for habitat and funding for social issues; she is interested in seeing other opportunities; and she has read information about foundations and ways that other counties have created conservation foundations to stop taking dollars out of taxpayers' pockets. She stated she wants to know what is being done in the State of Florida concerning the creation of conservation foundations; the National Fish and Wildlife Foundation has a program; there are many opportunities to get money from sources other than the taxpayer's pocket; and there are organizations and other foundations that will give to a certain foundation. Chairman Carlson stated the Board should not limit its scope, which is why she is searching for other dollars; if there is a way the County can offset what it puts into the pot, the more the better; that is what the Board and everybody else is interested in; and in the same sense, the County is improving the quality of life.

Chairman Carlson requested staff provide additional information on how to potentially define a foundation for the County for conservation. Mr. White responded staff has a lot of that information available. Chairman Carlson further requested staff review how the County would do anything with the EELs Program in terms of the legal side of it; and how a foundation would be funded if the County decides it wants one.

Ms. Birch stated in talking with other local governments that have land acquisition programs, some of them have stated in their referendums that they are setting aside a portion or percentage of the millage that will be used for management and perpetuity; Brevard County needs to be careful how much as Miami-Dade is not setting aside enough; Pinellas County set up a foundation using a penny sales tax; and there are different mechanisms that have been used, so she has some information on the local government level.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to provide detailed information on creation of conservation foundations, including options for private donations, and the EELs millage.

Commissioner O'Brien requested the report include a paragraph listing those things the Board previously wanted to spend an additional one-cent sales tax on.

Commissioner Scarborough stated the best way for a sales tax to pass is to give the electorate the greatest amount of say so and how the monies would be spent; EELs, the jail, and roads would stand separately; and everybody could vote whatever element they want. Commissioner O'Brien stated he agrees with Commissioner Scarborough; the public likes to give their permission to the County to raise taxes or put taxation upon them; and previously, governments would raise taxes without approaching the public. Commissioner Higgs stated the sales tax must go to referendum.

Chairman Carlson advised there is a motion on the floor concerning detailed information on foundations and the EELs millage; and called for a vote on the motion. Motion carried and ordered unanimously.

Chairman Carlson stated the Board can have a separate report back concerning the sales tax; with Commissioner O'Brien responding it can be included in the same report. Commissioner Scarborough stated he has a problem with it as this is one element of a sales tax; and perhaps the County Manager can put the report together.

Commissioner Higgs requested staff provide an analysis of how the County could use redevelopment in some areas to preserve as a mitigation bank to develop mitigation, but allow development in some; and how the County would go about it in developing incentives and disincentives for private contributions to this effort.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to provide an analysis on incentives and disincentives in development and how redevelopment initiatives could be used to share the cost of preservation items. Motion carried and ordered unanimously.

Chairman Carlson stated the Board needs to establish a date to bring the issue back; and inquired should the reports be brought back in a workshop setting.

The Board reached consensus to direct staff to bring all reports back at a workshop in mid-February, 2001.

Commissioner Scarborough requested the County Manager provide a report on Natural Resources Management staffing needs. Chairman Carlson requested the report include what major issues staff is currently working on in terms of a priority list, and what staff is available to accomplish it. Commissioner Higgs requested the County Manager provide a report on what is being done on non-EELs land to implement the December 1 directive on managing land to preserve the natural resources. Commissioner O'Brien requested a list of impediments to performing prescribed burns.

Ms. Birch advised drought is one of the impediments; the drought is still on, but the County has received significant rainfall in certain parts; and staff is initiating a prescribed burn tomorrow in South County. Commissioner O'Brien inquired is there an impediment of doing a prescribed burn in North or Central County at the same time one is being done in South County. Ms. Birch responded manpower plays a part in it; with EELs land it is an impediment as there is one burn boss on board; the County looks to other agencies to assist it; and it uses Department of Forestry (DOF) and Brevard County Fire Rescue. She stated in order to do two burns in one day, more burn boss-level staff is needed for EELs, but is not available at this time. Commissioner O'Brien inquired can the County hire another burn boss for two days, such as the Dudas. Ms. Birch responded staff can look into it; The Nature Conservancy has been contracted to conduct prescribed burns, but it is in conjunction with County staff and other resources; and she will review the availability of it. Commissioner O'Brien stated the report is repetitive; it states that due to the lack of burn, the County is endangering its scrub lands for scrub jays; and the County needs to re-double its efforts to burn clear and make scrub land available as it will take two or three years before a scrub jay will enter the property. Ms. Birch stated prior to the 1998 wildfires, Brevard County Fire Rescue were not trained for wild land fires, but structural; they have been training their staff; prescribed fire takes someone who is knowledgeable in how wild land fire works; and when looking to other agencies, such as DOF or U. S. Fish and Wildlife Service, they typically have restrictions on where they can put their resources outside of their own agencies lands. She noted DOF will be on the County's burns as support, but it will not take the lead role as burn boss because of liability; it is the landowner that needs to take the liability; those are some of the obstacles staff has had; and it takes someone who knows wild land fire to conduct a prescribed burn. Commissioner O'Brien stated today's discussion indicates Brevard County is hitting a critical point; and unless it starts moving forward rapidly, it is going to lose more scrub properties. Ms. Birch stated she understands what Commissioner O'Brien is saying; when the County conducts a prescribed fire, it does it within a lot of different parameters, including wind direction, wind speed, and humidity; what occurs in South County may not occur in North County and be conducive to having two prescribed fires in one day; she does not know how rare it would be to have the parameters available in both areas and how much the County would be able to utilize two forces of people; and it is something staff can review. Commissioner O'Brien stated he would like to see the County have a schedule of prescribed burns of one every two weeks or one per week; and whatever it takes to get the program moving rapidly. Ms. Birch stated it needs mother nature as a cooperator; Brevard County has been aggressive in its burning; everybody was shut down due to the drought; and now that the drought is subsiding a little bit, the County has to wait for proper weather conditions in order to do it safely. She noted staff would love to be able to do prescribed burns every two weeks, but in reality, it does not due to the natural parameters of a prescribed burn.

Chairman Carlson requested a report on the status of scrub maintenance on NASA property, why it has not been occurring on a timely basis, and what the problems are. She noted it may help fuel the County's discussions for preserving what it has on the Mainland further; and if NASA cannot successfully do something there where it has the habitat, the County needs to take more aggressive action. Commissioner O'Brien stated in 1995, Dr. Swain advised, "NASA had already done a considerable effort into full habitat restoration. NASA funds a lot of work on the Refuge. There is close correlation between those two on restoration activities; and if the federal government removes any scrub property as part of the space operation, it does restoration. They have an extensive program for that; they are restoring severely overgrown scrub habitat; and are presently doing this. It is looking at restoring and looking at, in the future, restoring very disturbed habitat, not only overgrowth, but putting scrub communities in those." Commissioner O'Brien stated he was left with the impression that six years ago KSC was actively doing something; today he was told it started doing something two years ago; and he would like to know what was done.

Chairman Carlson stated the Board has given staff considerable directives; and she hopes it can bring back the issues in mid-February, 2001 in workshop setting to discuss what the opportunities are so the County can move forward.

Upon motion and vote, the meeting recessed at 11:53 a.m.

ATTEST:

SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)