The Board of County Commissioners of Brevard County, Florida, met in special/workshop session on March 25, 1997, in the Government Center Commission Room, Building C, 2725 Judge Fran Jamison Way, Melbourne, Florida to discuss the Manatee Protection Plan. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, Assistant County Manager Stephen Peffer, and County Attorney Scott Knox.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Assistant County Manager Stephen Peffer advised the workshop is to finalize a draft Manatee Protection Plan (MPP), and receive direction from the Board on what the plan should look like in final form for one more meeting prior to sending it to Department of Environmental Protection. He stated since the Board meeting on the plan in May, 1996, Commissioner Cook met with Department of Environmental Protection Secretary Virginia Wetherell to discuss changes to the plan and received written correspondence; and staff requested input from the municipalities to participate in forming the plan. He stated the Board has that information; and staff would like to finalize the draft and schedule one more meeting before sending it to the State.

Manatee Protection Plan Coordinator Sandra Clinger commented on the history of the MPP development guided by the Coastal Management Element of the Comprehensive Plan, the Governor's direction, formation of committees with members from different interest groups, meetings that were open to the public; and the remaining process prior to implementation of the MPP.

Gregory Bean, Chelsea Maxwell, Christopher Straehla, Tom Mason, Frank Mohme, Robert White, Kim Johnson, Jerol Gardner, Patty Reed, Patti Thompson, Karl Eichhorn, Mary Todd, Pat Poole, Johna Holloway, Issac Baldizon, Wes Hoaglund, Brigitte Fontenot, Dan Griffin, Christine Ambrose, Kenny Boyd, Harry Fuller, George Reynolds, Jeff Pira, Chuck Frazier, Betty Christensen, Doug Jaren, Bob Riley, and Ron Pritchard, addressed the Board for or against the MPP. They cited various reasons, such as over-population of manatees, increase awareness through education, speed zones being detrimental, destruction of seagrasses, inconsistency of counts, Department of Environmental Protection influence on preparation of the Plan, boaters unfairly blamed for injuries to manatees, law enforcement, violation of Florida Statute 370.12(j), public safety does not infringe on personal rights, State taking over the writing of the Plan, weak proposal, misinformation, runoff from human development causing pollution in the Indian River lagoon, providing protection for manatees, education volunteer coordinator, habitat protection, increase in boat licenses to pay for enforcement of regulations, more marine patrol officers, acceptance of the original Plan, evaluation of the Plan every two years, slow speed zones in the Barge Canal, against regulated zones, red tide killing more manatees than watercrafts, defending constituents from over regulation, property values, animals regulating themselves, polarization, mangroves, habitat replanting, balance what exists with other parts of nature, and protection from over-zealous an Board.

The meeting recessed at 3:51 p.m. and reconvened at 4:07 p.m.

Mr. Peffer advised one consistent concern was the speed zones; and the draft plan changed some of the existing speed zones which will result in an overall reduction. Commissioner Cook stated there were certain speed zones that were enlarged; with Mr. Peffer responding yes, but overall there will be a net reduction over what exists today.

Commissioner Scarborough stated there were a number of things said that seem to be in dispute, such as the increase in the number of manatees; and inquired if staff could respond to that.

Ms. Clinger advised the synoptic survey is a statewide manatee census flown during the passage of a cold front; manatee populations produced from those counts rose from 1,268 in 1991 to over 2,600 in 1996; however, Dr. Bruce Ackerman pointed out the surveys are not meaningful for comparison between years or surveys because of the built-in environmental factors such as air and water temperatures, wind, water clarity, etc.; and weather conditions will never be optimal throughout the State; therefore, the surveys are not meaningful for population trend analysis. She stated it does not change the fact that mortality from human-related causes are still increasing and the threat may be greater than the population can withstand. Ms. Clinger advised in the 1991 synoptic surveys there were 1,200 manatees; in 1996, there were 2,600 manatees; but that does not mean the population doubled in five years because of the variability in conditions. She stated likewise, the difference between 2,600 in 1996 and 1,700 in February, 1997, does not mean the population decreased by nearly 1,000 manatees. She noted a cold front did not pass all the way down the State, and manatees remained widely distributed; however, there are two areas, Crystal River and Blue Spring, where manatee populations are believed to have increased; and both areas have had manatee protection measures in place for a long time and have very clear water. Ms. Clinger advised the best indication of manatee population trend analysis is through computer simulation and modeling; one model indicated the population may be stabilizing, but also indicated a slight increase in adult mortality, which leads to the shortest time to extinction; however, a 10% decrease in adult mortality would increase the population survivability. She stated most adult manatees die as a result of human-related factors; the Reed study suggested potential for growth on the Atlantic Coast is low because even though the population and reproductive rates are similar to the Gulf Coast, human-related deaths on the Atlantic Coast have more than doubled that of the Gulf Coast; and that means adult survival is lower in Brevard County. She stated for the population to increase, adult survival must be relatively high because that is the reproductive part of the population.

Commissioner Scarborough stated it was said the number of deaths in Brevard County went from 6 to 15 in one year, but a speaker said watercraft-related deaths have been half; with Ms. Clinger responding what the speaker said was to divide the number of watercrafts by the population in a given area; but that is extremely difficult with a population that is widely migratory and not static. She noted Brevard County does not have a static population of manatees; and any evaluation would only be accurate for that moment. She stated watercraft-related mortality went from 6 in 1995 to 14 in 1996.

Commissioner Voltz inquired if nobody really knows how many manatees are out there, how can the Board alter the plan to say they are an endangered species; with Ms. Clinger responding there is a variety of criteria used to assess population; nobody knows exactly how many manatees there are DISCUSSION, RE: MANATEE PROTECTION PLAN (CONTINUED)

in the State because survey conditions are difficult; they are aquatic species and live in a murky environment; so it is hard to get an accurate count. She stated the number changes on a daily basis; however, the U.S. Fish and Wildlife Service uses a set of criteria for listing and down-listing of species. She stated she does not know all of the aspects that are considered, but they include if manatee abundance, manatee mortality, and manatee habitat are increasing, decreasing, or stable. She noted those are three issues they have to address before considering a species for listing or down-listing. Ms. Clinger stated there are probably questions they do not have all the data for; but using the best available data they have is the best way to proceed. She stated the manatee is a listed species under the Endangered Species Act; but she is not sure anyone would ever be able to know exactly how many manatees there are in a widely migratory wild population.

Commissioner Cook inquired if the slight decrease in the number of acres regulated include the no entry zones, the 88 acres of the Florida Power & Light Company power plant, .5 acre of Orlando Utilities Company, and 396 acres at Canaveral sewer area; with Ms. Clinger responding no, because those areas are regulated under existing regulations; and the total area of the water regulated has decreased, but within those areas already regulated there have been changes which were not included. Commissioner Cook stated it is actually a higher level of regulation; and inquired if the 396 acres, Florida Power & Light Company plant area, and Orlando Utilities Company area increase the level being regulated; with Ms. Clinger responding it also deletes the reduced speed regulation on the north end of Sykes Creek, the ski area at Cocoa Beach, and other areas. Commissioner Cook stated there may be a slight decrease, but in those areas it is increasing the level of regulation to no entry which is significant.

Commissioner Higgs inquired what would happen if the Board fails to adopt a plan, or the State does not like the plan it adopts; with Mr. Peffer responding the State would essentially regulate it. He stated the concern over manatees was first expressed by the Governor and Cabinet that identified Brevard County as a critical county to the survival of the manatee, and that something needed to be done in Brevard County and other counties, such as a comprehensive plan, to protect the manatees. Mr. Peffer advised they directed the State agency that there would be certain default conditions they would treat as regulatory decisions in Brevard County unless there was a plan developed for Brevard County. He stated the State regulates speed zones and would look at that as one area; and another area would be marina siting. He noted an example of a default condition is that the State would look at marina development as one boat slip per 100 feet of shoreline; and if that is the default, and the County does not submit a plan, the State would look at future marina permits in Brevard County using that guideline. He stated if a plan is adopted, there could be more potential for marina sites or boat slips than there would be in the default scenario. Mr. Peffer advised the content of the proposed plan looked at the Indian River in different zones and contemplated certain areas, where there are existing marinas and no environmental considerations, as having no restriction to adding boat slips if other conditions could be met; typically where there is an existing marina and all the environmental impacts have already been absorbed, that is a good place to do it; so in inviting the County to develop a plan, the State is giving it an opportunity to provide input on what it would like to see in Brevard County with regard to protection of manatees. He noted with the default scenario, the State would make those decisions; so by sending a plan to Department of Environmental Protection for its consideration, the County is enabling itself and its citizens to provide input; otherwise the State will make the decisions based on default criteria it developed. Mr. Peffer advised if the County does not send a plan to Department of Environmental Protection, the sky will not fall in; there will not be a violation of any laws; there is no Florida Statutes requirement for the plan; and there is no other consequence; but it is an opportunity to provide input.

Commissioner Higgs inquired if the Board does not do a plan, can it anticipate the State imposing its marina siting and speed zone criteria; with Mr. Peffer responding yes. Commissioner Cook stated even if the Board does a plan, it would only be a recommendation to the State; under the Contract with Department of Environmental Protection the Board has to submit something; it made a commitment several years ago to do a plan; and inquired if the Board did not adopt a plan would it be in violation of the Contract; with County Attorney Scott Knox responding Department of Environmental Protection terminated the Contract. Commissioner Cook stated one major issue the Board had problems with was the paid education coordinator; the Board suggested a committee of volunteers; and when he met with Secretary Wetherell, the indication he received from her staff and her was that the State would handle that if the County did not fund it. He advised another issue was boating registration fees; part of the original draft was to increase those fees to hire more marine patrol officers; marine patrol is a State agency; and every year the Board asked the State for more marine patrol, but it refused. He stated the Board accepted the goals of the Indian River Lagoon Plan; the modeling shows the manatee population is stabilizing; the Board needs to make sure what it does will perpetuate that and not hurt it; and the main way is to protect and enhance the lagoon habitat rather than adding speed zones.

Commissioner Higgs stated the Board did not make a statement regarding the language in the original draft that said Brevard County shall adopt the NEP Comprehensive Conservation and Management Plan when finalized, but it is now including its implementation as the habitat protection recommendation of the manatee plan; that was not language the Board was willing to accept; however, it will go a long way to helping acceptance of the plan if the Board adopted that language. She stated regarding law enforcement, the money can be used for local law enforcement and not only marine patrol, if the Board is willing to institute increased boater registration fees; so that would resolve that issue. She stated regarding speed zones, there were some removed that are not acceptable; and the Board may never get to agreement on that. Commissioner Higgs advised she used "gutting" the plan when the Board went through it the first time and talked about using "should" instead of "shall"; and it was a particular reference to that point. She stated the Board can enhance the plan and make it acceptable to Department of Environmental Protection, but it needs to make decisions on where it wants to go.

Chairman O'Brien advised of manatee deaths by watercraft and total manatee deaths from 1989 through 1996; and stated if all the effort is focused on watercraft deaths, it would be put in the wrong place. He stated the Board needs funds for dredging and boat launching facilities; and requested a motion to ask Department of Environmental Protection to dredge and construct boat ramps so the ramp in Port St. John can be closed and a new facility opened in Manatee Hammock.

The Board discussed permits from the State, whether to suggest changes to the plan today or wait until the public hearing for input from the public, the final product, study of power plant areas, paid educator, volunteer committee, marine patrol, State fulfilling its responsibility with law enforcement and not put the burden on local boaters, live-aboards, exemption for commercial boats, manatees using canals for calving, and requesting funds from Department of Environmental Protection to dredge canals and construct bathroom facilities to ensure raw sewage does not pollute the river.

Commissioner Cook advised at the May 16, 1996 meeting, the Board made a motion that requested more information and justification on limiting the number of parking slips at designated marinas; and inquired why was it limited; with Mr. Peffer responding the intent was to parallel what is done at marinas to limit access of boats entering the lagoon. Commissioner Cook inquired about the motion requiring the County Attorney's review, and what is the liability with the Bird-Harris Act, etc.; with Mr. Knox responding the Bird-Harris Act is only applicable if the MPP is adopted as a regulatory plan. Mr. Knox stated it does not have an effect as a product of an agreement with Department of Environmental Protection for recommendations. Commissioner Cook inquired what was the response to the motion that directed staff to draft a letter to Department of Environmental Protection requesting additional information and supporting data for slow speed zones in areas where the depth of the water is less than three feet; and Ms. Clinger responded by reading from several reports primarily indicating manatees frequently use and feed in waters three feet or less, so it is more dangerous for them in those areas.

Chairman O'Brien advised the limited survey data on manatee planning zones of the Mosquito Lagoon, Turnbull Basin, and Indian River, indicate the manatees prefer deeper areas of three to four feet that provide escape routes from boat traffic and stay along the contour lines of those depths. He stated if manatees are in two feet of water, boaters would have to see them; most reports say they feed and eat in three and four feet of water; so he has problems with some of the things not addressed in the plan.

Commissioner Voltz stated she tried to read the plan and came up with so much contradiction that she could not get what the Board is supposed to do with it. She stated the survey information is ten years old; if Department of Environmental Protection wanted a good plan, it should provide more current information to the County; and inquired how can the Board decide on a plan with ten-year old information. She noted she has many questions, and today's workshop raised more questions. Commissioner Voltz advised the summary contains a list of different mortalities from June, 1974 to 1995; boating was first on the list, but was not the most important; the last cause was "no cause of death could be determined," but that had the most deaths; so there is a lot of confusion as to what is the truth. She inquired how the plan prepared by the committee got to Department of Environmental Protection before it got to the Board; with Mr. Peffer responding there was a staff member from Department of Environmental Protection on the committee; the meetings were to get information on what was needed in the plan, what were some of the areas the committee needed to address, etc.; so it was appropriate for that member to take the work product of the committee to the Agency for input; however, at that point it was seen as the County's draft, but the Board had not formalized or approved it. He stated it was always foreseen by the committee as its recommendation prepared for the Board, and not the County's plan; so what was received from Department of Environmental Protection, subsequent to the committee finishing its work, was a review of the committee's product by Department of Environmental Protection that was intended to be presented to the Board for consideration when it reviewed the plan and before it made its final decision, since in essence Department of Environmental Protection is a partner in this project. Commissioner Voltz inquired if what the Board has is a plan done by the committee that the Board did not see before it went to Department of Environmental Protection; with Mr. Peffer responding the Board did receive the plan after it was done by the committee, but when Department of Environmental Protection first saw the committee's draft of the plan, it did not have the benefit of the Board's review and comments. Commissioner Voltz stated Department of Environmental Protection said it was okay because the committee did it, but the Board did not do anything; if what Mr. Frohlich said is true, the Board cannot make changes to the plan; Secretary Wetherell said it cannot make decisions regarding the plan that the committee submitted; and she has a problem with that.

Commissioner Cook stated it created some confusion because the Department of Environmental Protection representative who sat on the committee felt it was a done deal when the committee came up with a plan; it may have been unintentional, but the Board was cut out of the loop; and he discussed with Secretary Wetherell that the Board did not review it and would have comments after hearing additional public input. Commissioner Voltz stated Department of Environmental Protection has done a plan already because the committee would listen to everything its representative said. Commissioner Cook stated he was speaking for Department of Environmental Protection and felt the committee was speaking for the Board, but how he got that idea he does not know because the plan never came to the Board and it had no chance to comment on it.

Commissioner Higgs stated the questions that are relevant today are what is the Board going to do with the plan; is it going to do anything; is it going to talk for a few more hours; is it going to make some decisions and say move forward on certain parts of it; or is it going to pass it on to the next hearing. She stated what Department of Environmental Protection will or will not do, or did or did not do, is not a critical issue; what the Board is going to do is before it today; is it happy with the recommendations passed by the Board in May, 1996; and if so, then it should get on with the plan or add those recommendations Commissioners O'Brien and Cook suggested.

Commissioner Scarborough stated he is frustrated with the process; there was public comment; the Board had a product it had to accept as Department of Environmental Protection wanted it to accept or it is no game; it had a contract and now it does not have a contract; and the Board wants to be involved, but it needs dialogue with Department of Environmental Protection to know how it should proceed, because if it does not want public comment and does not have flexibility to deal with issues, it is all for naught. He stated the Board has not had the public hearing yet, so it cannot take definitive action; this is a workshop, so it may not be proper to take motions; and inquired if the Board has deviated from the process.

Chairman O'Brien recommended each Commissioner make a list of changes or corrections he or she wants, and submit those one week prior to the public hearing. Commissioner Voltz stated she does not want to do that today because she wants to meet with staff and go through all of it to get answers to her questions.

Commissioner Cook stated Department of Environmental Protection was adamant about the Barge Canal speed zones; and explained the inconsistency of the speed zones, indicating it may present more danger to the manatees.

Commissioner Higgs read portions of the letter from Department of Environmental Protection dated June 21, 1996, as follows: "The Department felt that the draft MPP recommended by the ad hoc committee was a step towards a balanced approach to manatee protection. Because Brevard County leads the State in watercraft-caused manatee deaths, some believe that additional speed zones are the only answer; however, the ad hoc committee took the approach that speed zones should be balanced with innovative public education, effective habitat protection, and improved law enforcement. We support this holistic approach. Although we cannot support some of the recommended changes, since they will significantly decrease manatee protection and weaken the plan, we feel strongly that slow speed zones in places such as the Barge Canal is supported by the data. We understand your concern about the NEP management plan, but point out that the ad hoc committee chose this way as a way of addressing habitat protection. If you have an alternative approach to protecting habitat, we'd like to hear it. Without increasing law enforcement and innovative public education, the committee's approach no longer appears to be balanced." Commissioner Higgs stated Department of Environmental Protection gave the Board the option to have innovations to address the issues; and it should not assume it can get by without addressing those issues of habitat protection and law enforcement. She recommended the Board schedule a public hearing and each Commissioner submit proposed changes to the plan in writing so the Board can go through those amendments at the public hearing.

Motion by Commissioner Higgs, to schedule a public hearing to consider the Manatee Protection Plan; and each Commissioner present whatever amendments he or she wishes to make in writing, at least one week prior to the public hearing, so everybody will know what those changes are.

Commissioner Voltz inquired about a date; with Chairman O'Brien recommending the end of April.

Commissioner Scarborough seconded the motion for discussion. He stated his concern about putting his recommendations in writing and not being able to compromise if people who participate in the public hearing have better suggestions. Commissioner Higgs stated Department of Environmental Protection outlined critical issues for the Board; and unless it wants to address those in some other way, it is not going to have a plan; and those people who sat here all day deserve a decision on the plan. Commissioner Cook stated Department of Environmental Protection may only accept what it already negotiated, or it may accept some modifications; but if the Board makes modifications it does not accept, what will it do; with Commissioner Scarborough responding keep working on it; and Chairman O'Brien agreed.

Commissioner Cook stated all the speed zones in the river are still in place; there is manatee protection in Brevard County; and by not acting today, the Board is not taking anything away. He stated he will be happy to work towards a viable plan. Commissioner Scarborough stated the Board can do the best it can with the data it has, but in the end Department of Environmental Protection is charged with the responsibility to protect the manatee; it can tell the Board to take a hike at any time; and its involvement is because Department of Environmental Protection is willing to work with the County. Commissioner Higgs stated the Board has to make some decisions on what it wants in the plan; with Commissioner Scarborough responding it can do that at the public hearing.

Chairman O'Brien stated if the Board comes up with a plan that it has consensus on and that the public is happy with, he would be willing to go to 120 hearings to protect Brevard County from over regulation by the State since there is so little scientific data to back it up. Commissioner Higgs indicated that is contrary to trying to work with Department of Environmental Protection; with Chairman O'Brien responding what he meant was he wants to work with Department of Environmental Protection as much as possible, but sometimes it does not want to work with the County; a partnership is 50/50 and not 70/30; and the Board should have the same amount of say as Department does.

Commissioner Scarborough recommended April 29, 1997 for the public hearing, and there were not objections from the Board.

Chairman O'Brien advised motion is to advertise the public hearing for April 29, 1997, and Commissioners make lists on what they want changed, corrected, or added to the plan, and submit those in writing one week prior to the public hearing. He called for a vote on the motion. Motion carried and ordered unanimously.

APPROVAL, RE: LETTER TO REPRESENTATIVE BALL ON STONE LIBRARY

Chairman O'Brien distributed copies of a letter to Representative Randy Ball requesting funds for Stone Library and requesting it be named Dr. Martin Luther King, Jr. Library; and requested approval.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve letter to Representative Ball on Stone Library. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 5:24 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK