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SEP 2 6 1990 <br />BOOK 81 PAGE 543 <br />forward. Basically, it is the interveners' position that they <br />have an independent right to a hearing regardless of a 2 -party <br />settlement between the County and the State. Attorney Collins <br />felt that if they are given the opportunity to participate in the <br />settlement by making their own proposals, they probably would be <br />willing to work through the amendment process. There have been <br />cases where counties have gone into settlement agreements with <br />the State, and the recommended order of the intervener went to <br />the Governor and Cabinet, who kicked it back saying that they <br />couldn't consider it*in isolation. He felt, in all fairness, <br />that it is easier to let the interveners participate in the <br />settlement process. The only thing we want to be careful about <br />is not to add or delete anything from the negotiated compliance <br />agreement because we don't want to jeopardize our ability to <br />settle it from our standpoint. We could certainly send along <br />their proposals at the transmittal hearing and get the DCA's <br />reaction independently of the compliance agreement. <br />Commissioner Scurlock understood from 'the conference call <br />with the DCA earlier today that if the Board doesn't approve the <br />compliance agreement as it is proposed tonight, we definitely <br />would be going ahead with an administrative hearing. <br />Director Keating confirmed that would be the case, and <br />Chairman Eggert felt they made it very clear that if we don't <br />approve this tonight, we could go back to square one and argue <br />the points we have already won. <br />Attorney Collins emphasized that there is nothing wrong with <br />going into an administrative hearing and arguing our case, but <br />there are drawbacks. Charlotte County, which is very similar to <br />our county with respect to many of the same issues, particularly <br />urban sprawl, made many of the same arguments and they lost that <br />hearing. The recommended order pretty much rejected all of the <br />county's arguments, and they had some excellent outside attorneys <br />intervening in that case as well. There is a lot of downside if <br />14 <br />_ M <br />