The Board of County Commissioners of Brevard County, Florida, met in special/workshop session on April 27, 2000, at 9:05 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, Assistant County Manager Stephen Peffer, and County Attorney Scott Knox. Absent was: *Commissioner Helen Voltz.

DISCUSSION, RE: MANATEE PROTECTION

Chairman Higgs stated the workshop is to discuss what action the Board wishes to take concerning the Manatee Protection Plan; and advised Commissioner Voltz will be joining the meeting later.

Assistant County Manager Steve Peffer stated as the Board is aware, it received a letter from the Florida Fish and Wildlife Conservation Commission indicating that there are more productive pursuits for the State and County than trying to come up with a mutually agreed upon manatee protection plan and specifying certain areas that the County could focus on that would have benefits for manatee protection; the manatee protection plan was divided into five separate areas focusing on different aspects of manatee protection; and one of the things that may be productive for the Board to do would be to look at the areas one at a time and provide some discussion and guidance as to what the County can do in each of those areas. He stated although the County is not working hand-in-hand with the State, there are a number of areas where it can have some input and effect; and staff is looking for Board direction in those areas. He advised of backup material provided for the meeting including information on marinas, location of habitat features, maps, and economic impact statements as well as a discussion outline. He stated there are a wide variety of approaches the County could take; he is not trying to indicate that the options and areas indicated are exhaustive or all inclusive; but they are offered as a means of stimulating conversation and providing framework for the conversation. He suggested the Board could go through the area and discuss the County's role, and provide guidance as to how the Board sees that working out.

Chairman Higgs inquired how the Board wishes to proceed; with consensus reached to go item by item.

HABITAT PROTECTION

Mr. Peffer stated during the development of the plan, the County felt that the best thing it could do would be to work with the Comprehensive Conservation and Management Plan (CCMP) developed by the Indian River Lagoon Program which involved the planning effort of federal agencies, State agencies, the County and citizens. He stated anything that would have a positive effect on the Lagoon would have a positive effect on manatees; and the County has embraced the strategies in the CCMP. He stated in terms of habitat protection, the Board could look at the implementation strategies in the CCMP and provide prioritization according to the way they would benefit manatees; another alternative would be to not focus on manatees but to focus on additional areas in the CCMP that will benefit the Lagoon, which would have an ancillary benefit to manatees; or it could take no further action, maintaining the status quo. He advised the Board has implemented a number of the action plans in the CCMP without reference to the manatee protection plan; and staff is looking for Board direction.

Commissioner Carlson inquired if the Board went with the first alternative to prioritize and fund the CCMP with the greatest benefits to manatees, how would that alter what the County is doing now. Mr. Peffer responded the Board has never given any done step-by-step prioritization, but it has implemented those through County programs such as Stormwater Improvement and the EELS Program; and any prioritization with any focus other than the way the Board has proceeded would be a new process. Commissioner Carlson stated the focus has been water quality; with Mr. Peffer responding water quality and habitat protection.

Chairman Higgs stated there has not always been an interaction between the projects in the stormwater program with specific Natural Resources staff in terms of habitat protection or manatees. She stated since Hurricane Erin, the Board has also recognized and focused on the water quantity problems; so it would be a shift of priorities in terms of taking care of water quality problems.

Commissioner Carlson inquired how to integrate habitat criteria into prioritizing the CCMP. Mr. Peffer responded one of the items he provided to the Board was a list of tasks that were contained within the manatee protection plan; during the time when Commissioner O'Brien and Mr. Arnold were negotiating the plan, Commissioner O'Brien asked him to help identify what the real implementation of the manatee plan was; and the list shows the things the State could do, the things the County could do, the things the federal government could do, and things that could be done together. He stated the tasks were specifically referenced in the manatee protection plan; and the Board would need to go through those and focus on the ones that relate to the CCMP and would be more of a benefit to manatees. He stated implementation would also require the Board to go to the next step of funding because at this time there are no dedicated funds other than the programs that are already in place. He stated the change would be to focus on the strategies that were referenced in the task list and decide which are most beneficial; and noted they cover the same areas that are covered in the manatee protection plan.

Commissioner O'Brien inquired if the Board is specifically talking about habitat protection at this time. Mr. Peffer stated the CCMP is primarily a habitat protection document. Commissioner O'Brien read aloud from page 1 of the executive summary of February 12, 1999 concerning point source discharges; and inquired if they are limited only to sewer plants, or is it necessary to look at other sources of discharge that may be influencing the water quality in the river. Commissioner Carlson inquired if Commissioner O'Brien means non-point sources; with Commissioner O'Brien responding no, but there are no further statements about other point source discharge. Mr. Peffer stated during the development of the manatee protection plan, the Board wanted to advise the State of what the County was doing; and the comments included are to advise of the things the County was undertaking, but was not intended to imply this was the only thing to be said about the issue. Commissioner O'Brien stated it has not been updated to include other sources than the County. Mr. Peffer advised they were taken from a summary that he prepared that was integrated into the plan at the request of the Board; it goes back to 1997; and there has not been any change to the plan document since that time.

Commissioner Scarborough inquired if someone wanted to come in near the Lagoon today and put in a septic tank, is that permittable; with Mr. Peffer responding septic tanks are not specifically addressed. Commissioner Scarborough stated there is point and non-point pollution; and all kinds of activities have an adverse impact on the Lagoon; but there are things which are in the Board's control. He inquired if things beyond what have been addressed need to be addressed.

Chairman Higgs stated in the CCMP there are five different point source discharges that need to be addressed including the sewer issue, preventing exemption to the Indian River Lagoon Act, and reducing or eliminating industrial discharge, which has a much wider range than just sewer discharge.

Commissioner Scarborough stated reading the material, everything seems copacetic; but the County may be in the process of allowing things to occur in the permitting process which actually add to the problem. Mr. Peffer stated Commissioner Scarborough is right; there are more things that could be done; and the list was not intended to indicate that the Board is done with this. He stated there are a number of approaches that County government can take that do not specifically require expenditure of funds which might be regulatory or cooperative in nature or may be a matter of an educational program. Commissioner Scarborough stated if he is permitting something along the Lagoon with septic tanks, someone is going to say they do not care what rules the County has because the rules are not hitting the issue.

Chairman Higgs stated septic tanks are a separate item that is under investigation, but if the Board goes with the CCMP as the guiding document, then there are a number of things that it can do within that to address habitat issues. She stated if the Board implements the CCMP, then it has addressed some of Commissioner O'Brien's concerns in regard to industrial or other types of point source discharge. Commissioner O'Brien stated the Board has to find a comprehensive look at the entire County as to what industrial discharges are occurring into the Indian River Lagoon; the public is concerned about the quality of the rivers; and the Board should develop a plan to do something about it. He stated, for example, OUC has warm water discharge; with Chairman Higgs noting FP&L does also. Commissioner O'Brien stated he was just using it as an example; OUC's water may be cleaner than drinking water; but if the water did have some kind of pollutant, OUC is still exempted because its point source discharge is only a thousand pounds per year. He inquired what can the County do to convince higher bodies that such exemptions should not be allowed along the Indian River Lagoon; and stated millions of dollars are being spent to clean up the Indian River Lagoon, but there are still exemptions.

Chairman Higgs stated the issue of point source pollution gets even more difficult when industrial waste is the product coming out of a reverse osmosis municipal water system; but that does not mean the County should not tackle the problem; and there should be a strategy to solve the problem.

*Commissioner Voltz' presence was noted at this time.

Commissioner O'Brien stated he agrees; where he and Chairman Higgs disagree is that he does not necessarily feel it has to be in the manatee protection plan because it is already in the CCMP; and suggested implementing that plan. He stated habitat protection, if the river is looked at as a global body, not only accomplishes something for the manatees but for the white egrets and all the other endangered critters on the shoreline.

Chairman Higgs stated the difference would be that the County's Comprehensive Plan details that there will be model management plans for endangered and threatened species; and it is very specific.

Commissioner Carlson stated the Board is just talking about creating a strategy that takes all the tools it already has and puts them in line so the Board knows it is going to be attacking the problem. Commissioner Scarborough stated the Board would like to combine a and b; it wants the whole plan, but it wants to understand the specifics of the plan that could be augmented for the manatee; and it can go through the book and highlight without creating a separate plan, and it can be a totally integrated function of the plan.

Mr. Peffer stated that is very helpful; it is what staff is asking for now; and it can highlight those areas that would have the best benefit to manatees in addition to those that might have other benefits when it looks at the CCMP strategies.

Commissioner Carlson stated the items listed are not necessarily referenced to the highest priority being protection of manatees; they are what the Board has done under this; and it would be nice when the Board is going through the CCMP to highlight the points being done to protect manatees and the points the County needs to start concentrating on. Mr. Peffer stated that kind of guidance would be something staff would bring back later and point out those aspects of the CCMP that the Board might wish to address which would be positive for the manatees.

Chairman Higgs inquired if a motion is necessary to direct staff to proceed to bring back those items in terms of habitat protection and priorities that are both beneficial to the Lagoon and manatees; with Commissioner O'Brien advising he would like to do that, but when it comes back, it should be very specific. He stated if the Board is talking about point source discharges, it should get a list of where the discharges are. Commissioner Carlson inquired if staff has access to that data of which companies are exempt and which are not; with Mr. Peffer responding yes. Commissioner O'Brien stated the Board has tried every effort over the years to stop duplicating everything it does; and he cannot find a good reason to have habitat protection redefined in the manatee protection plan when it is already in the CCMP. Commissioner Carlson stated the Board needs to look at a strategy; and it does not have to be a plan. Commissioner O'Brien stated he is not anti-manatee; he is just saying there is no need for two separate plans; and recommended working on the plan it has which also addresses other species. Commissioner Carlson stated there are a lot of other endangered species; that is why the Board is looking at critical habitat; and the Board might want to consider species protection strategy, and doing it all in one document. Chairman Higgs stated Commissioner O'Brien wants to avoid calling it a plan, but the Board needs to have a strategy.

Discussion ensued on calling the strategy a plan, the Indian River Lagoon CCMP, instituting existing plans, rewriting another plan when there are more than one on hand, model strategies to address endangered and threatened species, failure to have a plan still being a plan, referring to the CCMP as a strategy as it refers to manatee protection as part of a manatee protection plan, and not duplicating.

Commissioner O'Brien suggested, "Brevard County is currently pursuing or has pursued the following activities which implement action plans developed as part of the Indian River Lagoon, National Estuary Program, and Comprehensive Conservation and Management Plan." Commissioner Carlson explained how the CCMP could be referred to in the plan. Commissioner Scarborough commented on the Florida Statutes integrating things into one big law; and stated he does not see a problem in saying these are the manatee elements within the plan, and the Board will be able to change them and augment them, and they will become part of the way we live. Commissioner Carlson stated there may be a plan that is ten pages long that only says what the County is doing; but the land development regulations may discuss habitat criteria for various zoning areas; and the Board can say that habitat protection criteria are included in the LDR's. She stated in that way it is incorporated in what the County does on a daily basis; and that gives it more credibility than having a two-inch thick document outlining what needs to be done, but not doing anything with it. Commissioner Scarborough stated his biggest concern is whether the Board goes to the plans frequently enough and asks the hard questions; and if there are beautiful plans but the County is not looking at them, they are just window dressing. Commissioner Carlson stated it needs to be an action plan.

Discussion ensued on the Citrus County plan, implementation plans versus data and analysis plans, and what the Board wants to prioritize.

Commissioner Scarborough proposed the CCMP be analyzed as to what is already there and suggestions made as to how it needs to be changed and augmented; and stated it has to be discussed in the holistic sense, not just for the manatee, but where there are things that should be done to bring it into effect, rather than it being a plan on the shelf. Commissioner Carlson stated it would be how to integrate and implement.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct staff to analyze the Indian River Lagoon CCMP and make suggestions on what needs to be changed or augmented to bring it into effect.

Commissioner Scarborough stated Mr. Peffer would have three things to do, look to see where the manatees are, see if the plan has to be changed to further discuss the manatee issue, and determine if there are things that need to be done over the whole plan to further implement it. Mr. Peffer stated the Board and staff have never looked through the CCMP and done a prioritization. Commissioner Scarborough stated that needs to be done because otherwise it is just playing with words; and the Board has volumes of words it can play with, but if the Lagoon is still a mess after the words are said, the Board has failed doubly because it recognized the problem and did nothing about it. Mr. Peffer stated what he is hearing is that staff should look at the whole thing, point out those features that might have the best manatee benefits, and bring those back to do a prioritization. Commissioner Scarborough stated it is a threefold action. Mr. Peffer stated it will include what is already being done. Commissioner Voltz commented on the need for action. Commissioner Carlson requested more detailed information on items such as point source regarding exemptions or laws that allow exemptions so the Board can look at it legislatively. Commissioner O'Brien stated he wants to know specifically who is exempted and why. Commissioner Carlson stated she wants to know the law that exempts them because that is what they are going to be attacking. Commissioner O'Brien commented on the need to go to Tallahassee to fight it out next session. Chairman Higgs inquired if the Board is talking about exemptions to speed zones as well; with Commissioner Carlson indicating it is not. Section Supervisor Conrad White inquired if the Board wants staff to include the funding requirements; with the Board consensus being to include funding requirements, sources, and what is currently being funded by the County or other entities. Chairman Higgs inquired how long a period before the Board could get the information; with Mr. Peffer responding he would like at least two or three months to bring it back in a comprehensive form.

Discussion ensued on time period to come back to the Board, need for information before budget process, less complete information in shorter timeframe, looking at the issues holistically, and compiling and integrating information.

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

BOAT FACILITY SITING

Mr. Peffer stated marinas, boat ramps, etc. require State permitting; and the County's role could be simplified to look at the upland types of land uses it deals with concerning zoning and other land use decisions. He stated the Board could also consider looking beyond the mean high water line, and integrating into that decision-making process some of the habitat features that are in the draft manatee protection plan; and suggested ways it could be done. He stated in regard to marinas and marina siting, there are habitat features such as depth and sea grasses that need to be considered; the State will also do that; and inquired if the Board wants to consider that as well in its decision-making process. He stated the Board could take a role where it would direct staff to use the MPP guidelines in its analysis that is provided to the Board and the State when a marina CUP comes before it. He stated as Commissioner Scarborough pointed out at the last workshop, there are not many places where there are likely to ever be marinas in the County; and maps that were part of the planning study which show that have been included in the packages. He stated the reality is marina siting is not going to be a major item for the Board to be worried about; but if there are basic guidelines on how to approach those decisions, then everyone will be on the same page; and inquired whether the Board wishes staff to do the analysis based on the MPP or some other criteria or do no analysis and let the State worry about it.

Commissioner Voltz inquired how many marinas has the Board looked at in the past 5 to 10 years; with Mr. Peffer responding he is not aware of a commercial marina. Mr. White responded outside of the Barge Canal, he cannot recall any marinas but there have been some expansions. Commissioner O'Brien commented on Abbey Marina which had acquired a DRI to expand. Commissioner Voltz inquired if this would address expansions; and inquired why the Board is doing this if it only has one or two marinas every ten years. She stated the Board has spent hours on these things, and she is not sure it is worth it since the State is addressing the same issues. Mr. Peffer advised the State will address marina siting in the same type approach that has been suggested; and while there have been a few residential marinas, the Board is not seeing many commercial marinas.

Chairman Higgs stated in the Comprehensive Plan, under Objective 5, it talks very specifically about marinas, and the concern for locating or expanding marinas, the effect on water quality, and protecting biologically productive habitats; and noted it says "shall," not "should." She inquired if the Board needs, under the conditional use permit for a marina, to incorporate further the guidelines that are in the Comprehensive Plan; and stated a review is needed by the County Attorney to be sure that when a conditional use comes before the Board, the Comprehensive Plan requirements are incorporated in the conditions. Commissioner Voltz agreed that is logical. County Attorney Scott Knox stated the Comprehensive Plan is the guideline with which the Board has to be consistent when it issues any development order including a CUP; so to the extent that there are policies that set forth specific criteria to follow, those policies need to be a part of the analysis which is prepared and evaluated in deciding whether to grant or deny a CUP for that purpose. Chairman Higgs stated the Board has gotten into some difficulties with conditional use permits; and inquired if Mr. Knox is saying all the criteria that are outlined in the Comprehensive Plan can be incorporated in the analysis and decision-making process, even though those criteria may not be under the Zoning Code; with Mr. Knox responding yes, those criteria have to be incorporated. Commissioner Carlson inquired if on the marina sitings in the past, has the Board gone through a Comprehensive Plan compatibility test. Mr. Peffer noted that is beyond his area of expertise as those are reviewed by Land Development; but the County's approach looks more at upland compatibility such as adjacent land uses, and not beyond the waterline; with Chairman Higgs advising that is not true if you read the Plan. Mr. Peffer advised he was commenting on zoning practice. Commissioner Scarborough stated there is the requirement; but the question is whether the Board is provided the data to make the analysis. Mr. Peffer recommended as part of the land use decisions such as CUP's for marinas, the Board include the information that was developed as part of the MPP in an analysis of the site; stated for location "x" the Board will get all the information it is already getting about adjacent uses and compatible zoning situations, but it would also get an environmental analysis that would bring the MPP criteria to the Board for its decision.

Commissioner O'Brien stated the Fish and Wildlife Conservation Commission would also take an intense look at any application for a marina siting. Commissioner Carlson stated DEP relies on the County for that kind of data; and suggested a review by the State might be warranted prior to the Board going through the process, and if everything comes out okay, then the Board can consider it. Mr. Peffer inquired if they would have to have their State permit before they could apply for a CUP; with Commissioner Carlson responding affirmatively. Chairman Higgs stated it may be necessary to alter the Comprehensive Plan or the CUP's under marinas to say that someone will have first met the requirements of the other regulatory agencies. Commissioner Carlson inquired why should the County fight them; and if State agencies have specific reasons to deny a permit, it would be good to get that in the open, and the individual can fight with the State rather than with the County.

Commissioner Scarborough stated he agrees; the DEP and Fish and Wildlife Conservation Commission are charged with these tasks; and if someone meets all that, the County can concentrate on the upland issues. Chairman Higgs noted non-upland issues are also addressed in the Comprehensive Plan. Commissioner Scarborough stated he understands that; but if someone has a State agency permit, the issues dealing with water will have been fully studied by the time it gets to the Board; if the applicant comes to the Board first, the County may get shortchanged with the information; but if they are first permitted by the State, then the County will have the benefit of that analysis. Commissioner Carlson stated the State will come to the County for information; and the County can turn over the Comprehensive Plan or anything it wants and let the State make the decision. Commissioner O'Brien noted this is using common sense.

Chairman Higgs inquired if anything needs to be altered in the Zoning Code for CUP for a marina or in the Comprehensive Plan to say that the County will review only after an applicant gets whatever permits are necessary from DEP, St. Johns River Water Management District, or whoever it is. Mr. Knox advised the Board would have to do that; otherwise a proposed marina applicant might file an application and there would be nothing in the Code to say that the County was going to delay until it was considered by another agency, so he would ask for it to go forward.

Commissioner O'Brien advised of the contents of the letter from the Fish and Wildlife Conservation Commission; stated Fish and Wildlife Conservation Commission will provide recommendations for manatee protection; DEP will look at the whole picture; it then goes to the St. Johns River Water Management District which will look at the impacts; and by the time it gets to the Board, it is a pretty clean picture. He stated he does not mean the Board should do nothing, but does not think it should waste a lot of time if someone has been permitted by DEP and meets the requirements of the St. Johns River Water Management District because they have already accomplished a big hurdle to get that far.

Chairman Higgs stated she would support getting those reviews first, and directing the County Attorney to come back with recommendations to the Comprehensive Plan and/or Zoning Code to allow the Board to do that.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct the County Attorney to come back with recommendations to the Comprehensive Plan and/or the Zoning Code to allow the Board to review the CUP after the applicant obtains necessary State and federal permits. Motion carried and ordered unanimously.

Chairman Higgs stated the Comprehensive Plan talks about marina siting and modifying marinas in separate sections; and requested the Board direct the County Attorney to review Section 5.4 and the criteria as well as the issue of the CUP and the expansion to insure they are covered both for new marinas and significant expansions of existing marinas.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct the County Attorney to review Coastal Element, Policy 5.4, Criteria A through P, to clarify which criteria pertain to new marinas and which pertain to expansion of existing marinas to insure there is no ambiguity as to which criteria applies to each situation. Motion carried and ordered unanimously.

Chairman Higgs stated there are a couple of different policies within Section 5 of the Coastal Management Element, some talking about expansion of existing marinas and the others talking about siting; and she does not want there to be confusion as to what criteria apply. Commissioner Carlson inquired if Chairman Higgs wants that included in the CUP criteria; with Chairman Higgs responding she just wants a clarification. Commissioner Carlson inquired if the Board wants to talk further about the existing future land use as far as potential marinas. Mr. Peffer stated that is up to the Board to decide if it wants to do anything with that; but recommended the Board not do anything and let the market and habitat features direct that. Commissioner Carlson stated that is fine, and it should be left to the State; with Commissioner O'Brien agreeing it is market driven.

Commissioner Scarborough inquired if Chairman Higgs responded to the letter that triggered all this; with Chairman Higgs responding she had no authority with which to respond. Commissioner Scarborough stated the Board has the information which Mr. White put together about siting which was interesting; and Chairman Higgs may want to respond and advise of the Board's actions at this meeting and include Mr. White's materials. Chairman Higgs stated if at the end of the meeting, the Board wants her to respond with what the Board has done today, she would be happy to do that. Commissioner Scarborough stated it could come before the Board so everyone concurs with what was said; but there is an interesting product with what Mr. White has put together, and it would be good to share that information. Chairman Higgs stated she would be happy to incorporate that in a response, but will not respond on behalf of the Board without Board direction. Mr. Peffer stated Director Bradley Hartman, in his conversations after the letter, indicated a willingness to continue to work with the Board in any way it wished including having people available at future meetings, so the letter was intended to open a new door for proactive activity; and the Board's response could be cast in that light and be very helpful. Chairman Higgs stated there may be some suggestions in regard to habitat protection that would be useful.

BOAT SPEED ZONES

Mr. Peffer stated his recommendation is to move to the next topic.

Chairman Higgs stated the County puts up signs in regard to speed zones. Commissioner Carlson stated the Board should insure the signs for County speed zones are maintained and enforced. Mr. Peffer advised there are some areas where the County has established speed zones, so it has responsibility for the signage; and staff will renew its efforts to make sure the signs are properly placed. Chairman Higgs stated that is appropriate.

Commissioner Voltz inquired where would the money come from to do the signs; with Mr. Peffer advising staff will work on that.

Commissioner Carlson suggested touching base with those people who are policing to find out where the signs are down; and advised when she went on a tour, there were huge areas where they were gone which is not acceptable.

Chairman Higgs stated Parks and Recreation had responsibility for putting up a lot of the signs; and inquired if staff had funding from an outside source for some of those; with Parks and Recreation Director Charles Nelson responding the County got F.I.N.D. money to do channel markers in 1992, and it was completed in 1994; but now that service is provided by Public Works. Commissioner Carlson inquired if the money the County got in 1992 would cover the signs missing now, and can staff replace the signs that are gone. Mr. Nelson responded the Board also approved maintenance capabilities; $5,000 per year was set aside with replenishment based on how much maintenance was needed; and there should be ongoing maintenance money. He noted if there was a catastrophic situation where a lot of signs were lost during a hurricane, the County should be able to get a grant to replace them. Commissioner Carlson inquired if there is ongoing communication with policing agencies as to when signs go down, and is there a timeline to get them back up again; with Mr. Nelson responding typically the County is notified by the Coast Guard or Coast Guard Auxiliary that signs have been knocked down. Commissioner Carlson inquired if there is communication with other agencies such as the Sheriff; with Mr. Nelson responding they take it from a variety of sources, and even have boaters who call to say they have noticed a sign is down; but the one that carries the heaviest hammer is the Coast Guard. Commissioner Carlson inquired about signs that are sun-bleached so they cannot be read anymore; with Mr. Nelson responding those should be replaced if they have lost their reflectivity. Mr. Nelson advised there are some that are not the County's responsibility; and advised of other entities with responsibility for signs. Commissioner Carlson requested a list showing who is responsible for what signs in the areas signs are down or faded so the County can approach those particular agencies to get something to occur as part of the preventative side of this.

Commissioner O'Brien stated F.I.N.D. has been tagged by the State as being responsible for the signage; F.I.N.D. taxes the citizens of the County; and suggested entering into a contract with F.I.N.D. for reimbursement for the effort of replacing its signs on an ongoing basis. He stated the County should not be applying for grants; and F.I.N.D. should be paying the County for its services. Commissioner Carlson stated the County may give F.I.N.D. a bill at the end of the year. Mr. Nelson noted F.I.N.D. may argue with that position. Chairman Higgs stated she does not think F.I.N.D. works that way. Commissioner O'Brien stated the citizens are being taxed twice for the same thing; F.I.N.D.'s job is to put up manatee protection signs; but it tries to give the County $5,000 to do a $15,000 job, and that is not right. Commissioner Carlson inquired if F.I.N.D. is the authority on all signage on manatees; with Mr. Nelson responding in some cases the County had to place the signs because of the permitting conditions with the State; some may have been placed by local jurisdictions by choice rather than permitting requirement; there are a variety of ways that signs were put out there; the ones that F.I.N.D. is responsible for are very specific for some channels; and the difficulty is in identifying the signs and then identifying who had the original responsibility for their placement. Commissioner O'Brien suggested applying for a grant from F.I.N.D. to accomplish that study. Mr. Nelson stated if F.I.N.D. wants to assume the responsibility for all signage, it has not stepped forward at this point; with Commissioner Voltz advising it may never do that unless the County asks them to. Commissioner Scarborough suggested contacting everyone who has manatee signs to say the County will take over jurisdiction to maintain all the signs, but will send a bill for the cost.

Discussion ensued on coordination of efforts and cost savings.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Chairman to write to all agencies that post signs for manatee protection requesting the County be allowed to take over maintenance and coordination of the signs, contingent upon the willingness to reimburse the County for such action, and advising the agencies the cost will be less if the County maintains and coordinates signage than if the signs were done by multiple agencies.

Mr. White stated the County did a sign survey so has all the information, but it needs to be updated. Mr. Nelson inquired if this would be contingent upon F.I.N.D.'s willingness to do that, because it may not be willing to reimburse; with Commissioner Scarborough responding it is all tied together.

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

LAW ENFORCEMENT

Mr. Peffer stated the original draft from the Committee proposed a funding source for additional Marine Patrol officers which would come from boat licensing fees; the Board did not feel that was a justified expense; it was dropped at that time, and did not make it into the 1997 draft; but it is still an option that could be considered. He stated they have requested the State provide additional funding for Marine Patrol officers, but those requests have not been answered in a positive way; and overall there has been a decrease in the amount of time Marine Patrol officers can spend on the water because they have been assigned other duties. He stated the Board supported a grant for funding boats for the Sheriff; and that is an opportunity to provide more law enforcement on the water; options have been listed; and another option would be a licensing program.

Commissioner Carlson inquired if the Board has any authority to do any sort of boat licensing; with Mr. Knox responding his guess is that licensing is pre-empted by the State, but he will check on it. Mr. Peffer stated the County could become an advocate of that position and put that in the Legislative Package.

Commissioner Voltz requested Commissioner O'Brien's opinion, as a boater. Commissioner O'Brien responded the County cannot be the agency to create a licensing requirement; 40% of the boaters are not from the County; and the burden should not be put on the back of Brevard County residents. He stated the State has been looking at a licensing program.

Ron Pritchard, Citizens for Florida Waterways, stated there currently is a licensing program in effect in Florida; it will affect those operators up to the age of 21; and it is being phased in over an 8 to 10-year time period. He advised of a program provided by the State called Boat Smart.

Commissioner Carlson inquired if anyone is required to participate in Boat Smart; with Mr. Pritchard responding it is voluntary; and read from the Boat Smart booklet. He noted Citizens for Florida Waterways has not been an advocate one way or the other. Mr. Pritchard stated the Board is always talking about money and how to raise funds; boaters should not have to pay specifically for law enforcement; and if there is going to be law enforcement, it should be paid for by the community. He stated like education and libraries, law enforcement is for the betterment of the community, and should be paid for by the community. He stated one of the programs they have been discussing is to register all boats, including canoes and kayaks, charging a very minimal fee such as $1 or $2; boats that are not powered by motors are not required to be registered; and commented on a similar program in Michigan. Commissioner Carlson inquired how does the program work if all boats are registered; with Mr. Pritchard responding they get the additional funding for registering all boats, and there is a federal per capita reimbursement based on the number of boats registered in the state.

Chairman Higgs stated yesterday she talked to Sandra Clinger about some funding that might be available from the Bureau of Protected Species in regard to law enforcement. Sandra Clinger stated the Florida Legislature set aside a pot of money for counties working on manatee protection planning; even though the County would not necessarily have the MPP as it was originally conceived, it could still petition the State for a portion of those funds; the County could show a concerted overall effort in a variety of areas to show it is moving forward; and there is no preclusion in the Statute that describes the money that a portion could not be used for law enforcement. She stated there is no reason why the County should not petition the State for a large portion of the money, based on the County's importance for manatees, for law enforcement, education and other activities the County may choose to move forward with. Commissioner Voltz inquired if that is in the form of a grant; with Ms. Clinger responding it is. Commissioner Carlson inquired how much is available; with Ms. Clinger responding the total is $240,000 per year for the State, but this year not all of the money was applied for, and approximately $50,000 is going back. Ms. Clinger stated as of July 1, 2000, there is $240,000 sitting there.

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

Discussion ensued on the funding, including request for money in letter to Mr. Hartman, funding for local law enforcement, and staff direction to be proactive in terms of grant.

Commissioner O'Brien advised of law enforcement responsibilities on Merritt Island; stated the State has continually reminded the County that the waters are State-owned; and the State's responsibility through the Marine Patrol is enforce the laws it implements, such as speed zones. He stated if the County does the State's job, it has less impetus to patrol; and commented on the number of boats in the Marine Patrol office parking lot. He commented on lack of enforcement, other tasks of the Marine Patrol, primary responsibility of the Marine Patrol, and enforcement by the Sheriff's Office. He stated if the County does the job for the Marine Patrol, it will never see the increase in the budget or the extra officers that the County needs because of the number of manatees. He recommended sending a strongly worded letter to the Fish and Wildlife Conservation Commission advising the Marine Patrol needs to start enforcing its laws. Commissioner Voltz stated the Board has done that before. Chairman Higgs stated the Board has sent many letters, but Ms. Clinger is saying the Board needs to ask the State to provide additional funding for law enforcement. Commissioner O'Brien suggested giving the money to the Fish and Wildlife Conservation Commission and asking for the necessary Marine Patrol officers.

Discussion ensued on grant money, increase in number of Marine Patrol officers, Bureau of Protected Species having the funding available, hiring additional Sheriff's deputies, local control, and what happens when the money runs out.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Chairman to write to the Fish and Wildlife Conservation Commission requesting, in lieu of sending a check, the money be used to fund additional Marine Patrol officers for Brevard County.

Discussion ensued on diverting the money to fund Marine Patrol officers.

Ms. Clinger advised the State cannot use that money; it can only be used by counties.

Commissioner O'Brien stated there is another way of doing this; the County could apply for the grant and receive the money; and the County could use General Fund money to fund an additional Marine Patrol officer in Titusville.

Motion restated by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize application for grant to Bureau of Protected Species for manatee protection as part of the letter the Chairman is sending.

Commissioner O'Brien stated if the funds are received and given to the Sheriff, the deputy and boat should have some identification that they are paid via these funds; and commented on doing the Marine Patrol's job.

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

Mr. Pritchard stated the idea of law enforcement is better served when it is locally controlled; he does not like the idea of bringing in the State officers because they do not have a buy-in to the local community such as the local officer would have; and local law enforcement will have more local concern and less attitude that they are here to fix something, but could be transferred to Tallahassee next week. He stated if money is coming in to fund law enforcement, it should fund local law enforcement.

Commissioner Carlson inquired if municipalities might request the funding from the Bureau of Protected Species or does the County want to make a statement that it is applying, and the municipalities should step back. Commissioner Scarborough stated he would be afraid of breaking this into too many pieces. Commissioner Carlson stated she does not want to be competing with cities on the river; with Commissioner Scarborough advising they are not creating a plan. Commissioner Carlson stated she would like to direct staff to find out about the federal matching and regulating all boats. Chairman Higgs stated registering all boats would be a State issue. Commissioner Carlson inquired how the State qualifies to get matching dollars; with Mr. Pritchard responding he does not know the specifics of the program, and is only aware that reimbursement is available.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct staff to get further information on how the State would qualify to get federal reimbursement, and how the funds would be funneled into the appropriate manatee protection.

Commissioner O'Brien inquired if a 14-foot or less boat is not required to register; with Mr. Pritchard responding anything without a motor.

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

Commissioner Scarborough stated when he goes to Orlando he goes on the Beeline and pays the tolls for use of the roads; but people bring their boats to the County waterways, which involves the County's Sheriff's Department and Parks and Recreation Department; and there is some degree of user accountability that is not being captured. He commented on the gas tax allowing people other than residents to pay the costs. Mr. Pritchard noted a lot of Brevard County people go west into Orange and Seminole Counties to fish in freshwater lakes; that is something they looked at a year and a half ago; when they started this, they considered having some kind of permitting to allow people from out-of-county to use the boat ramps; and it was determined it would cost more to have a staff person there to collect the money than the money they would bring in. Chairman Higgs inquired if anyone has investigated the use of gas tax for water transportation. She noted if she trailers her boat, she is putting it on the road and using gas, and when the boat is in the Lagoon, it is using gas for which she pays gas tax; and it should be an allowable cost. Commissioner O'Brien stated he is surprised that Tallahassee has not figured this out; if there is a demand for more Marine Patrol officers Statewide, and all boats are registered, the State can increase the fee.

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

Chairman Higgs stated it is apparently not an issue of needing more money; they have rebated various funds over the last few years; and yet they have not chosen to put money into this area. Commissioner O'Brien inquired why has the State not chosen to do this; with Chairman Higgs responding she does not know. Chairman Higgs requested information on the use of gas tax for water-related transportation issues. Commissioner Scarborough stated he does not question the legality, but there is not a surplus of gas tax. Chairman Higgs stated the County is using gas tax funds for pedestrian issues, etc. and it is not inappropriate to get the information. Commissioner O'Brien stated he would not want to go there. Mr. Peffer stated the question is whether it is even an option; with Chairman Higgs responding that is all she is asking.

EDUCATION

Mr. Peffer stated with regard to education, one of the handouts lists the tasks the County could undertake; education is a role the County could take a lead in; and the County is already doing some of the tasks. He stated recently the Board approved and received grant funds to do monofilament recycling and boating kiosk projects; and both are specifically listed on the task list. He stated these are areas where the County is close to the citizens; it has an opportunity to work with other agencies which are also providing manatee information; and it has the opportunity to reach out in a number of different ways. He stated staff is looking for some direction in that area; some of the tasks will require funding for materials and staff to accomplish them; but this is an area where Brevard County has an opportunity to provide a benefit for manatee protection through education.

Commissioner O'Brien stated item 5 says implement Comprehensive Plan Conservation Element Policy 10.8, criteria A through F; and he did not receive a copy of that.

Commissioner Carlson stated because the County has a Comprehensive Plan, there are certain assumptions that it will execute it with goals in mind; and inquired if that has been analyzed. She stated she is confused about why the Board would say to implement the Comprehensive Plan because if it has such plan, it should be implementing it.

Mr. Peffer stated staff could focus primarily on the Comprehensive Plan which has already been approved by the Board; but if it went further to be more specific to look at the manatee protection plan as providing guidance for education, that is a different, more detailed level. He stated there is an overlap between the two; but on one hand it is just focusing on the Comprehensive Plan aspects that are refined and specific while on the other hand, if they look toward the manatee protection plan as a whole and the education initiatives, then there are quite a few more. He stated the discussion is how broad and all encompassing the Board wants to make the education initiative.

Commissioner Carlson inquired under the criteria of Policy 10.8, which things is the County already doing, and do all marina operators have permanent manatee education displays. She stated she knows the County just got a grant and has a staff member who is working hard on the displays; and inquired if that is what the Comprehensive Plan is talking about or not. Mr. Peffer advised the displays that the Board has been talking about are for boat ramps, while the Comprehensive Plan requirement is for marinas; and he is not aware of anything being done with private marinas.

Commissioner O'Brien stated the first sentence under Policy 10.8 says, "Brevard County should complete a boating use survey"; and inquired if it has completed such survey. Mr. Peffer advised a boating use survey was done as part of the MPP development process. Commissioner Carlson noted it is a few years old.

Sandra Clinger advised in 1990 a boating activity study was completed, and in 1994 a marina study was completed. Mr. Peffer stated that is some of the data and information provided in the MPP itself. Commissioner O'Brien inquired what were the elements of the survey; with Ms. Clinger responding the survey was performed by Florida Institute of Technology under a grant from the State. Ms. Clinger explained how the survey was done over a one-year period; outlined questions that were asked; and stated the responses were collated into the study. Commissioner O'Brien noted that was ten years ago, and a lot can happen in ten years. Ms. Clinger admitted there are more people on the water. Chairman Higgs stated the Board should review the study before saying it needs to be redone as it may need to be done in another way. Commissioner O'Brien stated that is something the Board should look at; the survey may have noted that certain ramps have safety concern, and Parks and Recreation may have fixed the problems; and there may be other activities where there has been no action, and action should be taken. Chairman Higgs requested the study be sent to the Commissioners; with Mr. Peffer indicating he will do so.

Discussion ensued on the boating use survey, problems at boat ramps that have been fixed, and unresolved problems.

Chairman Higgs inquired about permanent manatee education displays at public launch facilities and private marinas; with Mr. Peffer responding they were surveyed in 1994, but that study needs to be redone as well.

Commissioner Carlson stated the Board wants a review of the boat survey by staff to show which problems have already been fixed and whether the Board should consider a new survey, and a review of the 1994 study to look at the detail and see if there have been any updates.

Chairman Higgs stated it says marina operators shall establish and maintain educational displays and the County shall establish and maintain a display at public boat launch facilities; and the Board needs to implement that part of the Comprehensive Plan; with Commissioner Carlson advising she agrees. Commissioner O'Brien stated the Board just did that in a smaller version as the kiosks have manatee protection information. Chairman Higgs stated it has been partially implemented, but it needs to be fully implemented. Commissioner Carlson suggested getting a recap on what the Board is actually doing to address those things in the Comprehensive Plan.

Commissioner O'Brien stated Policy 10.8 says, "Brevard County or other appropriate agencies shall develop a standardized information packet containing information regarding manatees and regulations to protect the manatees for distribution by the above mentioned parties"; and inquired if there is such packet. Commissioner Carlson stated there is a map. Mr. White advised the Indian River Lagoon Program produced a boater document. Commissioner O'Brien suggested that map should be on display. Commissioner Carlson stated it would be nice to see what has been done, and then fill in the blanks based on what the Conservation Element says.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to direct staff to review Conservation Element, Policy 10.8, and advise what has been done and what needs to be done for full implementation. Motion carried and ordered unanimously.

Chairman Higgs stated in the letter the Board is going to send to the Bureau of Protected Species, one of the issues could be getting additional funding for education and some of the activities; and inquired if that is the intent of the Board. Commissioner Carlson stated the Board should ask for whatever it can get.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the letter to the Bureau of Protected Species requesting funding for education activities. Motion carried and ordered unanimously.

Commissioner Carlson requested all actions that the Board established today come back in memorandum form to insure all points have been covered; and inquired if all actions are clear to staff.

Discussion ensued on clarification of motions.

Mr. Peffer suggested there are parts of the Manatee Protection Plan which take Policy 10.8 to a greater level of detail; if the Board desires, it can request funding to implement Policy 10.8 using the greater detail of the MPP; and those two efforts can be integrated to be more specific in terms of what is requested. Commissioner Carlson stated that would help in the grant process. Mr. Peffer advised how it would prioritize education implementation; with Commissioner Carlson advising that is fine and the best chance of getting additional dollars.

Commissioner Carlson inquired about the Board action on the boating use survey; with Mr. White responding his understanding was that staff would analyze the 1990 boating use study to determine which actions that were recommended have been carried out, and bring the analysis back to the Board. Commissioner Carlson inquired about the update of the 1994 study; with Mr. White responding the Board wants that survey redone to update it. Chairman Higgs stated the Board wants to know what was done and what needs to be done to fully implement that portion of the existing Comprehensive Plan. Mr. Peffer stated staff will report on what has happened since 1994.

Discussion ensued on when the issue should come back to the Board and budget-oriented items.

Mr. Peffer stated he will take as his priority bringing back the CCMP items because they may reflect on the budget; and depending on how successful they are, staff will then move on to bring the other items back in a timely manner.

Chairman Higgs stated the Board wants it to come back as soon as it can because of the budget significance. Commissioner Carlson stated if it all comes back in one package, then the Board can look at the other issues potentially; the CCMP and some other things may be budget oriented; but other things may not be in terms of any sort of action that would be taken. Mr. Peffer stated most have potential impact on the budget. Commissioner Carlson stated staff will bring back the ones that are glaringly important sooner than those that may take some time to incorporate; and as the Board has touched on all five areas, staff could bring back a synopsis of the five areas in one document so it will be a holistic perspective. Commissioner Voltz inquired if the Board wants it in the form of another workshop; with Commissioner Carlson responding that would be appropriate.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to put all manatee information in one package and bring it back at a workshop. Motion carried and ordered unanimously.

Commissioner O'Brien stated under law enforcement, he would like to ask how the State determines the number of Florida Marine Patrol officers at certain headquarters; whether it is based on population, number of registered voters or whim; and whether Brevard County has the appropriate share.

Commissioner Carlson requested staff provide a memorandum highlighting all the actions the Board has taken today, and provide copies to Mr. Pritchard and Ms. Clinger. Mr. Peffer stated he will work with the Clerk's Office to provide that.

Ron Pritchard stated he had an opportunity to bring some things to the Board's attention; and advised of an excerpt from a May, 2000 magazine that claims that boaters have been demonized by the government, and tax dollars have financed propaganda campaigns that directly blame boaters for the manatee population problems. He stated the article further claims, as a result, public money that could be used to help the manatee has gone toward intensified law enforcement on the water, and the manipulated public perception is that boats are evil and cannot coexist with manatees. He stated it is always easier to pick a scapegoat than it is to rectify a complicated situation; the focus of the article is primarily on the destruction of the manatee habitat; and it says that most of the deaths relate to the rape of the manatees' natural environment, which has affected the manatees' birth rate, caused starvation, and forced manatees to venture into waters they would normally avoid. He stated car collisions are the leading cause of mortality for the endangered Florida black bear and the Key deer, but cars are not demonized, so why should boaters be demonized. He stated the essence of the article deals with the power plants and warm water effluent, and the effect that it has on the manatee's natural migratory patterns and destruction to seagrasses. He suggested everyone stop blaming boats for the problem with manatee mortality; stated even though boating does cause some of the problem, it has been blown out of proportion in recent newspaper articles; and recreational boating is not the culprit. He noted a majority of the manatee mortality that is listed as watercraft collisions is caused by barges, tugs, and large oceangoing craft; explained how necropsy reports proves that; and commented on speed zones. He stated most boaters are careful, conscientious, and environmentally concerned.

Tom McGill stated the last time he talked to the Board he advised he was in the process of having an administrative hearing concerning his challenge of three speed zones in the Barge Canal and Sykes Creek area; his hearing was scheduled for April 24 and 25, 2000, but the State asked for an abeyance due to a ruling in the Second Judicial District that said when the Fish and Wildlife Conservation Commission acts for ruling on manatees, it is acting as a constitutional body, and thus the administrative procedure for 120 hearing does not apply; and the Judge granted a temporary abeyance. He stated during that time, the State appealed the ruling of the Judge, which stays the ruling; but the State said it should proceed with the hearing, and it is now scheduled for June 27, 28 and 29, 2000. He stated the Board gets a lot of misleading data; he has spent the last 18 months becoming knowledgeable on the subject matter, and reviewed 171 manatee necropsies with a veterinarian; and advised of misinformation that was given by U. S. Fish and Wildlife Service. He recommended the Board take a position of "show me" and requiring hard data. He stated the Board could become proactive by getting informed; suggested getting information from Dr. Edmund Gerstein of Florida Atlantic University in Boca Raton; and advised of Dr. Gerstein's development of a device to warn manatees of boats. He stated Dr. Gerstein is asking for a permit for field studies; and it would be great if the Board sponsored that, or at least listened to him; and it would be a win-win deal for everyone.

Ms. Clinger stated some of the previous speakers talked about manatees starving to death; there is no record of manatees starving from lack of available food stores; and the only times it shows in necropsy reports that manatees are malnourished is the result of cold stress because manatees do not eat when they are under hypothermia. She stated with regard to Dr. Gerstein's study, Dr. Gerstein admits that if he put his noise-emitting device on boats, manatees would have no idea what the noise meant until they had been hit by a boat; and inquired how that improves the situation if the manatee has to know the difference between the sound of regular boats and boats with the devices. She commented on noise pollution and effect on other species from emitting noise into an environment which already has a lot of noise in it. She stated she is pleased that the Board moved forward on a lot of items; the Save the Manatee Club would like to help the County in going for grant money, and is fully committed to the County getting as much money as possible. She stated with regard to law enforcement, the biggest bang for the buck is for the money to come to local law enforcement to be used for overtime pay; the Sheriff has four boats, but two officers to use them; so there are two boats that are sitting there a lot of the time; and if deputies could, for overtime pay, go out and use those boats to patrol the water, it would not be necessary to hire new staff; and the use of existing staff would be the most efficient use of the money. She stated boaters are not deliberately on the water running over manatees; and Save the Manatee Club does not focus just on boats, but also on human activities that have impacted manatees, including floodgates. She stated Save the Manatee Club is strongly supportive of the monofilament recycling program, and is assisting with that; and it is working with the Entanglement Task Force to look at other causes of human-related mortality such as crab traps and things such as that. She stated they also look at watercraft collisions because they are the major human-related cause of death for manatees; and they have to consider that in light of looking at the data. She encouraged the Board, whenever looking at the manatee data, to invite the experts, and call the people in the pathology lab to find out what is really going on in Brevard County. She stated the newspapers have reported this year is the worst year on record for mortality; and she is pleased the Board is moving forward to take real action. She commented on the number of watercraft mortalities this year, and advised of the need for action to curtail some of the problems for manatees.

Commissioner Carlson inquired how many mortalities have occurred in the Barge Canal from barges; with Ms. Clinger responding five, and one was crushed at the power plant a couple of years ago, but this year there were none that she knows of. Commissioner Carlson stated that it brings it full circle back to power plants and the issue of barges going through there; and a lot of the old mortality data indicates that the barges created a lot of problems, with crushing deaths and things like that.

Ms. Clinger stated when they originally started doing this in the early 1970's, it was thought that was what was causing the mortalities; but over time, as they collected more carcasses, they began to see things that led them to believe that is not the case. She stated, for example, if a manatee was found dead from an impact death, but had a mouthful of seagrass and was found on a very shallow seagrass bed, the likelihood that a barge did it was nil; and so there is a lot of evidence that leads them to make the determination today whether it was a barge crush. She stated an animal crushed along the bottom or against a bulkhead has almost every bone broken; but if it is crushed on the bottom of the Barge Canal, the animal will be abraded as it is rolled along under the barge; and if the lock crushes the manatee, it puts an imprint of the lock itself.

Discussion ensued on the relevance of having a trained scientist come to the Board to talk about manatees.

Chairman Higgs stated at this point the Board has the information it needs to move forward in certain areas, and has made motions to do so. Mr. White noted as part of the MPP process, a pathologist from the Florida Marine Research Institute made a long presentation on what caused the deaths and points of identification.

Mr. McGill stated Ms. Clinger provided a lot of data that is wrong; there are no pathologists at the Marine Research Institute; they are biologists; and explained the difference between biologists and pathologists. He stated there will be revelations that will come out of his hearing, but he will not talk about them now; however, there is evidence that approximately 60% of the massive crushings are caused by barges. He stated manatees do not roll under vessels; Ms. Clinger has no data to substantiate it; and he has technical data and witnesses who will demonstrate that there is a thing called the Bernoulli effect that is a physical phenomena that sucks the manatee into the side of the barge, and they get crushed on the side of the barge, not rolling under it. He recommended the Board get the facts.

Commissioner Carlson inquired if there is going to be a pathologist at Mr. McGill's hearing to speak to the issues; with Mr. McGill responding affirmatively.

Commissioner O'Brien stated a comment was made that this year is a record year for manatee mortality, which is true; but it is just as important to point out that the population of the manatee by statewide aerial counts shows that the population has grown tremendously since 1991 when the first survey was taken; and outlined the manatee population statistics.

Chairman Higgs commented on the population county, better survey techniques, and no conclusion that a better job is being done to preserve manatees. She stated the Board wants to move forward to protect manatees; there are things it can do; the public wants endangered and threatened species to be protected in Brevard County; and if there are things the County can do, it should do them. She stated the Board should not be talking about what kills manatees today, but what it can do to prevent the manatee from becoming extinct in the County.

Commissioner O'Brien stated he does not disagree; but he does not think the public wants to be faced with over-regulation or unnecessary regulations; and if there are going to be regulations in place, they should make sense, and be backed with real scientific data that is objectively read or determined.

Chairman Higgs stated there is not a person present who does not think they have read some reasonable data that has scientific validity, and that their decisions have been made based on the scientific data.

Commissioner O'Brien stated some decisions made on speed zones, for example, were made subjectively. Chairman Higgs noted the Board has not talked about that today; and suggested not going back over that territory.

Commissioner Carlson commented on efforts to protect the endangered bald eagle; and stated the Board's goal could be to see how to move the manatee from endangered to threatened status. She stated she has not seen any data on what is a viable population; and inquired if there is some science out there that can give that number. Chairman Higgs stated that is available. Brian Toland stated there is a manatee recovery plan issued by the U.S. Fish and Wildlife Service; and the target is approximately 2,500. Ms. Clinger stated the recovery plan is presently being revised; they are establishing measurable criteria for how the species could be downlisted; and it is not a question of the number of manatees, but the reproductive rate and survivability. Commissioner Carlson stated it is an equation. Mr. White inquired if research from the University of Florida provided a break-off point for manatee population; with Ms. Clinger responding she does not recall. Commissioner Carlson stated it would be nice to have a goal to be able to sustain a viable population. Chairman Higgs noted that is what the recovery plan is. Commissioner Carlson stated if the County is doing all the preventative stuff and law enforcement, but still cannot get a viable population going, then there must be a problem in the equation. Commissioner O'Brien inquired what quantity of manatees constitutes a viable population; and stated there should be a goal. Chairman Higgs stated there are measurable criteria that are being put together through the recovery plan; and requested each Commissioner be provided with that because the data is important and available from a scientific group that is trying to establish measurable goals. Commissioner Voltz inquired if there is data that says how many manatee the County's waterways can handle; and stated they are large creatures which eat a lot, and the Board needs to be sure there are not more manatees in the waterways than can be sustained. Commissioner Carlson stated there has to be a balance, but it is up to the people who study it; if 2,500 is a viable population and the rest of the Lagoon can be supported by 2,500, then at least that is something for the Board to shoot for; and if it is not getting there, then something is not being done right and it needs to be re-addressed. Commissioner O'Brien stated he agrees. Commissioner Scarborough stated otherwise the Board will get reports that the species is gone, but more manatee brochures were distributed than the year before. Commissioner O'Brien stated the actions the Board took today about habitat are probably the most important facet for manatee recovery as a population; and reiterated his concerns about loss and degradation of habitat and boaters not being the largest killers of manatees. He stated if the County cleans up the water and makes the Indian River Lagoon a viable ecosystem, it will have done the right thing to protect the manatees. Chairman Higgs stated it is the right thing to do; and it is too bad the Board did not do it some years back, but instead took seven years to get here.

Mr. White advised the 2,500 is not a hard and fast figure, but just his recollection of what he read; and it was not a minimum viable population, but a point at which, if the population decreased beyond that, the sustainability would be in question.

Commissioner Carlson stated that is what she is talking about, how to sustain the population and what population size can be sustained.

Commissioner O'Brien stated he did not like Chairman Higgs' comment; it is wrong; and he made the motion to pass the plan a year ago, but Chairman Higgs voted against it.

Discussion ensued about the acceptability of the plan, slowing the plan down, lack of support for the CCMP in 1996, speed zones, and seven years of data and work.

DISCUSSION, RE: DEREGULATION OF POWER PLANTS

Commissioner Carlson stated she read an update from the Governor's Office concerning deregulation of power plants; Duke power plant went through the PSC to get an okay on the issue of need, and the ruling was it did not have the ability to make that determination; and inquired if Mr. Knox is keeping up with that. County Attorney Scott Knox responded he has not followed it.

Commissioner Scarborough stated the Board may need to get a staff report on this. Commissioner Carlson stated she received a dissertation on the legal issues of what is happening with Duke Power in New Smyrna. Commissioner Scarborough stated he received the same information; but it is nothing a person can just read and understand without talking to someone about it. Commissioner Carlson stated she wondered if there were any implications to the Oleander plant as a merchant plant; and she will make sure the other Commissioners get copies of the information.

Commissioner O'Brien inquired if the Board has already directed the Land Use staff to take a close look at what type of regulation the Board wants to cover future power plants in Brevard County.

Discussion ensued on regulation of power plants.

Commissioner Scarborough suggested getting a briefing on what is happening because it is a complex issue in a specialized area.

DISCUSSION, RE: MANATEES AND WARM WATER DISCHARGE FROM POWER PLANTS

Commissioner Carlson stated if at some point in time the FP&L power plant gets converted to natural gas and runs a combined cycle plant, it will still discharge warm water into the Lagoon; but there will not be a barge going through the Barge Canal; and that is the key to all the other stuff. She recommended focusing on cleaning up the environment for humans and manatees.

Commissioner Scarborough inquired if all of a sudden something is done to prevent the warm water discharge, how will the manatees know there is a need to head south or if there is a freeze, will the whole population be lost.

Commissioner O'Brien stated the warm water discharge also degrades the grasses, so first it destroys the habitat, then makes the manatees falsely stay in the County for the winter; if there is another freeze such as the one in 1989, many of the manatees will die because they cannot maintain the 68? they need; and there has to be a way to change that. He stated if a fence is put 50 feet out, and then next year moved to 75 feet out, then three or four off the back of the pack may start going south; and suggested trying to change the habitat man has created.

Commissioner Carlson inquired how the County could legally do that; with Commissioner O'Brien suggesting the County could go to the U.S. Fish and Wildlife Service to ask for a study or experiment on the warm water discharge to see if by moving animals a little further out every year, more would start going south, and eventually get to a point where they all go south.

Chairman Higgs stated someone has addressed that issue; and requested staff comment. Mr. White advised the U.S. Fish and Wildlife Service was talking about addressing that and how to make plans for the manatees once the power plants decrease the amount of water. Chairman Higgs inquired if there is something in writing; with Mr. White responding he does not know, but will research it. Commissioner Voltz inquired if there is federal legislation that says someone cannot create unnatural habitat for them. Brian Toland advised once critical habitat has been designated, then any activity that the U.S. Fish and Wildlife Service defines as adverse modification to that critical habitat, which could cause adverse effects directly or indirectly to manatees, will be reviewed and a biological opinion will be written. Commissioner Carlson stated the critical habitat includes the man-made portion. Chairman Higgs stated when the Board talks about the specifics under the point source issue, that would be something the Board may need to get.

Commissioner O'Brien reiterated his idea that a letter be written to U.S. Fish and Wildlife Service suggesting it do an experiment.

Commissioner Scarborough stated there are things that come out of this that do not make sense to him; if he was a manatee and wanted to move to the Miami area to get warmer, he would not wait until the freeze hits so the manatee must have some natural inclination to migrate; and commented on the effect of the warm water effluent and fences. He stated animals get used to certain routines and do not revert back easily; inquired how will it be communicated to the manatees that they need to move south for the winter; and noted if they do not move south, it could mean dead manatees if the fence is put up.

Discussion ensued on manatee migration, what will happen if FP&L shuts down, and fences.

Chairman Higgs stated the Board does not have the answer; the human activities have had long-term impacts; and the question is how to revert back to a more natural environment that would insure long-term survival for the manatee. Mr. Toland stated the radio tag manatee studies have indicated there is a lot of variation in relative manatee cold hardiness and their migratory habits, so some individuals are more able to tolerate colder temperatures; some individuals tend to winter around the artificial warm water effluent areas while others tend to migrate; and he is not sure the entire subpopulation that the Board is concerned about in the County can be characterized as all being affected the same by the proposed habitat modifications. Commissioner Carlson noted some manatees are lazier than others; with Commissioner Voltz noting some are bigger than others. Upon motion and vote, the meeting was adjourned at 11:42 a.m.

ATTEST:

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
( S E A L )