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Vice Chairman Neuberger recalled that Commissioner Lowther had wanted the matter to go before MANWAC, but Commissioner Lowther responded that he had read the MANWAC minutes and he no longer believed there was a need to delay action. In response to Chairman Ginn’s inquiry, no other Board member expressed a concern with proceeding with the presentation. Director Boling continued his presentation, reviewed the memorandum of June 2, 2004 in detail and displayed a location map (page 83 of the backup) and an aerial photograph of the marina while noting the existing boat slips and where additional slips would be placed. He reviewed the history of the Grand Harbor development order (D.O.) and changes made since it was issued. He explained the relationship between the cap on the number of boat slips and the fact that initially there was no manatee protection plan (M.P.P.). The only decision today concerned the number of boat slips and the request to remove the restriction to sailboats only from most of the slips. Staff was in the process of reviewing the site plan application. He presented in detail the criteria necessary to release the “sailboat only” restriction \[page 79 items a) through e)\], and specified that all the conditions have been met in order to change the development order by a resolution. The last two pages of the resolution set out seven (7) conditions which relate to such matters as construction standards, manatee protection specifications, education, investigations on some construction techniques, funding for marine enforcement overtime, a 10-year funding requirement for enforcement of manatee speed zones on the Lagoon, and a provision for two slips within the marina for law enforcement vessels. The Planning and Zoning Commission reviewed this request and recommended 5-2 to approve the requested change with the conditions outlined in staff’s report and for the Board to determine that this is not a substantial deviation. Of the 2 dissenting votes, one was a concern that through the long process some of the jurisdictional comments might be different. The other concern was about quality of the water in the Indian River Lagoon with more powerboat usage. He noted that the two tests for substantial deviation thresholds are not tripped by this request. Staff, the P& Z, the Treasure Coast Regional Planning Council, and the Department of Community Affairs have concluded that this is not a substantial deviation. He also reviewed staff’s two-fold recommendation as set forth in the memorandum. June 8, 2004 11