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B.R. MISCELLANEOUS BUDGET AMENDMENT 003 <br />Vice Chairman Solari was uncertain of the value that the outside law firm of Shubin and <br />Bass, P.A., was currently contributing to the DiVosta/Waterway litigation process, which has <br />been ongoing for some time. He referred to fees already disbursed to the Shubin and Bass, P.A., <br />and questioned the appropriation of an additional $11,000 from the M.S.T.U. <br />Fund/Reserve/Reserve for Contingency fund for further legal expenses associated with the <br />subject attorney's handling of the DiVosta/Waterway lawsuit. <br />MOTION WAS MADE by Vice Chairman Solari, <br />SECONDED by Commissioner Wheeler, to approve <br />Miscellaneous Budget Amendment 003, except for Item 5, <br />the proposed $11,000 appropriation from the M.S.T.U. <br />Fund/Reserve/Reserve for Contingency fund to the <br />M.S.T. U. Fund/County Planning/Legal Services fund for <br />legal service expenses for Shubin and Bass, P.A., and to <br />direct the County Attorney to come back on January 12, <br />2010, with a recommendation on whether the Board <br />should continue retaining Shubin and Bass, P.A., for the <br />DiVosta/Waterway Village lawsuit. <br />County Attorney Collins provided a brief update on the DiVosta/Waterway litigation and <br />explained the function of Shubin and Bass, P.A., relative to the subject lawsuit. He pointed out <br />that Shubin and Bass was working on three other County cases which are close to being <br />finalized, and he did not want to remove them from those cases. <br />Commissioner Wheeler agreed with Attorney Collins that it was not the time to <br />discontinue the services of Shubin and Bass, P.A., as the DiVosta case needs to be brought to a <br />conclusion; however, he concurred with Vice Chairman Solari's Motion to approve the budget <br />12 <br />January 5, 2010 <br />