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Mr. Glynn advised that when permission was given to use the park for access, he did not realize the area could not be used to mobilize. He described the area, how the 8'-10' piles of sand were removed, that they had already contracted with Henry Fischer & Sons to replace the sand. It was necessary in order to bring in the 30! lengths of steel, which are almost impossible to lift over houses without danger. They are using the north 50' of the park which has not been used for some time. In addition, the contractor has agreed to landscape the entire area under Director Davis' direction. He stressed that Director Davis and staff has been extremely helpful on this difficult project. The State had declared Summerplace an emergency erosion district 1h years ago. He believed he has solved the problems with the State by working with them and doing what they have asked. The Division of Fish and Wildlife is continuously monitoring the site for turtles. He felt that the wall cannot be finished without using the space in the park. He predicted that with a half completed wall erosion will be 10 times as bad if a northeast storm comes. In response to Commissioner Bird's concerns about setting a precedent, Mr. Glynn advised the only other. possible alternative would be to try to go between houses, which is highly questionable because of electrical wires, septics, and all the other things involved. He felt that if the Board did not approve today, they probably would have to stop construction on the wall. Commissioner Tippin thought there may have been some poor communication in this matter, but he was not concerned about precedent because, hopefully, this situation would not be happening on a regular basis. He favored letting the seawall construction go forward and require mitigation when the project is finished. Mr. Glynn indicated they would be glad to comply with the mitigation. Chairman Adams thought there had been some misunderstanding of what was said and that there had been an effort to try to work it out early on, but perhaps the zest of the contractor to get the job done and ignoring the County's concern has created a problem. The worse thing has been the criticism for use of public property for a private purpose. The difficulty is the aggravation to want to do it for the next person. who has an equal or worse problem. She thought Director Davis had worked with them, but he is in an ominous position because this is not the only park that's being requested by contractors for access to the beach; there are others. She concurred that they should be allowed to finish the job, but she wanted it tightened up on what is being promised, because some 71 May 14, 1996 Boa 98 pw 76