NEWS

Brevard commissioners pick lagoon sales tax advisory panel

Dave Berman
FLORIDA TODAY
Save Our Lagoon signs appeared this fall around the county in support of lagoon sales tax on the Nov. 8 ballot.

County commissioners on Tuesday filled out the lineup for the oversight committee that would monitor spending of money generated by a proposed sales tax targeted for cleanup of the Indian River Lagoon.

It took some tie-breakers to complete the list from among the 30 initial applicants. And Commissioner Trudie Infantini raised questions about the legality of the sales tax plan itself that Brevard County voters will decide on Nov. 8.

But county commissioners eventually unanimously approved four members and three alternates for the Save Our Indian River Lagoon Citizen Oversight Committee.

The panel of volunteers would begin its work if Brevard voters on Nov. 8 approve a half-cent-on-the-dollar special sales tax for the next 10 years that would raise a total of $340 million. The sales tax would cost the average household $61 a year.

On Oct. 10, the Space Coast League of Cities, a coalition of Brevard's 16 cities and towns, approved three members and four alternates for the lagoon oversight committee.

As part of the plan approved by county commissioners, the lagoon oversight committee will include seven members and seven alternates representing seven fields of expertise: science, technology, economics/finance, real estate, education/outreach, tourism and lagoon advocacy.

These are the County Commission appointees and their fields of expertise for the committee:

Members:

Real estate: Gene Artusa of Rockledge, a partner in Dealmaker Realty Inc., a commercial real estate company.

Science:  Lorraine Koss of Cocoa, former deputy director of the U.S. Water Alliance.

Technology: John Byron of Cocoa Beach, retired commanding officer for the Naval Ordnance Test Unit at Cape Canaveral.

Tourism: David Lane of Merritt Island, owner/operator of A1A Management LLC, a water sports and recreation business.

Alternates:

Economics/finance: Todd Swingle of Cocoa Beach, deputy director of utilities for Orange County Utilities.

Education/outreach: Stephen Fernez of Melbourne, a lieutenant with the Brevard County Sheriff's Office.

Lagoon advocacy: Terrence Casto of Indialantic, owner of Strategic Growth Consulting LLC, which provides market strategy and business development services.

The voting — in which commissioners were asked to rank their top three choices in each of the seven categories — was complicated by the fact that most of the 30 applicants checked off more than one of the seven fields of expertise on their application forms.

The previously selected Space Coast League of Cities' appointees were:

Members:

Economics/finance: Courtney Barker of Satellite Beach, the Satellite Beach city manager.

Education/outreach: Stephany Eley of West Melbourne, a teacher with Brevard Public Schools and West Melbourne City Council member.

Lagoon advocacy: John Windsor Jr. of Melbourne, professor emeritus for oceanography and environmental science at Florida Institute of Technology's Department of Ocean Engineering and Science.

Alternates:

Real estate: Danielle Bowden of Titusville, a Realtor with Real Living Mutter Real Estate Group.

Science: Charles Venuto of Merritt Island, director of environmental, health and safety for Delaware North Parks and Resorts at Kennedy Space Center Inc., which operates the KSC Visitor Complex.

Technology: Vinnie Taranto Jr. of Indialantic, founder and chief executive officer of Media-Over-Matter Production, a media production company; and vice president of Taranto Management Associates, which owns and manages beachside senior rental homes.

Tourism: Karen McLaughlin of Melbourne, owner and guide for Karen's Kayaks, an ecotourism company.

"We had a wonderful showing of applicants," Brevard County Natural Resources Management Department Director Virginia Barker told county commissioners, adding that they were "very qualified " and "very committed" to the job.

During Tuesday's County Commission meeting, Vice Chair Curt Smith questioned whether the County Commission could override any Space Coast League of Cities' recommendations for committee spots.

"I think these positions have to be beyond reproach," Smith said.

"I think these selections are extremely important," Smith said. "I think this issue is extremely important. The revival, resurrection of the lagoon is extremely important to me. This is an extremely important subject."

But Barker said, the way the ordinance is written, League of Cities' nominees could not be removed by the County Commission.

If voters approve, the sales tax is designed to pay for the "Save Our Lagoon Project Plan" devised by Brevard County's Natural Resources Management Department and outside consultants. The plan for restoring the lagoon within Brevard County includes such measures as muck removal, stormwater projects, upgrades to wastewater treatment facilities, septic system removal and upgrades, fertilizer management, oyster reef projects and public education.

In recent years, the lagoon has experienced algae blooms, brown tide, fish kills, and unexplained deaths of dolphins, manatees and pelicans.

Earlier in Tuesday's meeting, County Commissioner Trudie Infantini raised concerns about whether money from the lagoon sales tax could legally be used to remove muck from the lagoon.

"I don't believe that this tax is legally permissible," Infantini said, especially if bonding is used to finance the dredging work. "I really think there's a legal problem here that's going to end up being decided by the courts, should this lagoon tax pass. You guys, I don't think we should go forward with this tax as planned, until the legality has been resolved."

Commissioner Andy Anderson replied: "It's already on the ballot. You can't stop it now."

Anderson said, if someone wanted to challenge the legality of the tax, that person could file a lawsuit.

Brevard County Attorney Scott Knox said his view is that the use of the sales tax for muck removal is legal. And Knox said the county's bond counsel agrees.

Commissioners voted 4-1, with Infantini voting "no," to clarify that Jan. 1 would be the date the sales tax would begin to be collected if voters approve the measure on Nov. 8.

Contact Berman at 321-242-3649 or dberman@floridatoday.com. Follow him on Twitter @ByDaveBerman and on Facebook at facebook.com/dave.berman.54