Laserfiche WebLink
administrative #120 hearing before the Florida D.E.R. on the <br />issuance of a permit to the County for the project. At this <br />point in time, our counsel is recommending that we not take <br />action on those two properties until after the initial hearing <br />date, which will be sometime in late April or early May. <br />Attorney Sechen explained that the County has applied for a <br />permit from the D.E.R. The D.E.R. has issued a notice of intent <br />to issue a permit to Indian River County. After the D.E.R. <br />issues a notice of intent to issue a permit, any affected party, <br />according to the Statute, has a right to appeal that issuance, <br />and they can file for a Chapter #120 administrative hearing <br />procedure in which they essentially challenge the Dept.'s right <br />and the necessity to issue such a permit. The Department of <br />Administration appoints a hearing examiner, who essentially is a <br />State employee out of Tallahassee, who comes down here to Indian <br />River County and hears testimony from the Dept., the protesting <br />parties, and the County. The hearing officer will then consider <br />the findings. Various legal documents will have to be submitted <br />'to the hearing officer, and the hearing officer will then issue a <br />proposed order. The proposed order will tell us pretty much <br />where we stand with the hearing officer. The parties then have <br />the ability to comment on that proposed order and have some other <br />say in that, and finally, it goes back to the Dept. itself, at <br />which time the head of the Dept., Mr. Twatchman, will make the <br />determination on whether or not he is going to issue the permit. <br />That process can be appealed directly to the District Court of <br />Appeals, and it is something that can be extended out if one <br />wants to do that. In conjunction with County Attorney Vitunac, <br />he did not feel it was their recommendation that we extend this <br />out forever. We will wait until the hearing officer makes a <br />ruling sometime in May, and then bring a recommendation back to <br />the Board on these parcels. Attorney Sechen wanted to make it <br />clear that the property owners initiated the action. We would <br />BOOK "Yo F�1GE 641 <br />MAR 1990 67 <br />