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APR 11 1989 800K 76 PAGE 551 7 would be directly to the Circuit Court. If the County Commission wishes the appeal to come to them as a secondary appeal, they have the ability to do that. Commissioner Scurlock preferred to have the appeal come to the County Commission first, and Commissioner Eggert agreed. Commissioner Scurlock wanted to have it go before an elected body, not to some judge that we don't vote for. Attorney Collins advised in that case we would just revise the Code, Section 18-27 Variances. Commissioner Bowman pointed out that throughout this whole document reference is made to the Pelican Island National Wildlife Refuge as though they have some magical power. Actually, the document should cite the U.S. Department of Interior. Commissioner Wheeler suggested a wording change in the last paragraph on page 12 of the plan by inserting "allow". "A finding will be made that the realignment will not adversely affect the historic character of Jungle Trail as a whole. County planning staff shall coordinate with the Indian River County Historical Society, the Florida Native Plant Society, and the State Bureau of Historical Preservation, and report to the applicable reviewing commission, and shall allow them to provide information for the finding determination.." Commissioner Bird didn't know if such a decision would have to be made today, but asked if we still have the ability to work towards stabilizing the shoreline on the southern portion of the trail. Director Keating advised that the management plan specifically states that the County will reserve the legal means to do stabilization, and specifies that wherever an applicant makes an improvement, the County will require shoreline stabilization. He noted that we are doing that right now in our review of the Moon River development and some of their proposals for improvements out there. Commissioner Bowman wished to see the County Attorney's office research the matter of whether a county can pass an 35