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FEB 20 1985, BOOK 99? 1 <br />Attorney Brandenburg explained that if developers pay their <br />impact fee and get approved and move on ahead without stating <br />that they are paying it under protest, it is gone forever; they <br />have given up their rights. The applicant has two choices; he <br />can withdraw his protest, state that he considers the requirement <br />legal, get the subdivision approved and move ahead with his <br />development, or he can delay final plat approval until this <br />matter is litigated. Attorney Brandenburg noted that if it <br />should be determined this requirement is illegal, it may well be <br />that we would require something else. <br />Commissioner Scurlock noted that -what we want is access to <br />the beach, and he felt we have given the developer flexibility by <br />saying that if this isn't the best access point, he can contrib- <br />ute the money for another access somewhere else. <br />Mr. Collins reiterated that he is just saying if this <br />ordinance should be proven illegal, he does not feel it would be <br />fair that he would not have a chance to recover. He, however, is <br />not in a negotiating stage, and so he will have to give up.his <br />rights. <br />Chairman Lyons informed Mr. Collins that the Commission will <br />be here until noon today , and he would like to see this <br />statement in writing. <br />Attorney Brandenburg clarified that the Commission would <br />like a letter from Mr. Collins stating that he withdraws his <br />protest. He pointed out that when the other developers come in <br />for plat approval, they will be given this same choice. <br />MOTION WAS MADE by Commissioner Scurlock, SECONDED <br />by Commissioner Bowman, that Final Plat Approval be <br />granted to The Sanderling Subdivision subject to the <br />County Attorney receiving an appropriate letter from <br />Mr. Collins withdrawing his protest. <br />Commissioner Wodtke stated that he was willing to take the <br />16 <br />a <br />