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LIAR 12 1991 800: FAGE time, the granting of permits for his clients' property by the DER, the lead agency, before the County acquired the property, is now on appeal in the First District Court of Appeal and with the appeal pending as to whether his clients' property is required and the extent to which it may be or may not be required, together with the permit issue, he thought it would take a fair amount of courage on the County's part to go in and start tearing up his client's property when the issue is still in the Courts. He thought that the timing is not going to be radically different in revisiting the lead permitting agency, namely, the DER, as in going through the judicial process. He asked what is there to lose except an hour or two in terms of discussing alternatives. Commissioner Scurlock commented that an hour or two is different than one or two years. Attorney O'Haire stated we will be in the Courts for one or two years. Assistant County Attorney Collins stated that discussion or negotiation can go on whether there is a Resolution to go with eminent domain or not. Whatever discussions Mr. O'Haire wants to have with any member of the Board would have to come back to the full Board and it would probably require Staff review to see what impact it would have on permits of whatever we already have. He doesn't think that we gain anything by delaying this Resolution today, other than if these negotiations should fall apart we've just lost that much time. Negotiations can go on while the order of taking is being filed by the Court Proceedings. They can always be settled. In fact, Mr. O'Haire has just suggested that even though another parcel is in the District Court of Appeal there's still potential for settlement. Attorney Collins urged the Board to go ahead today with the Resolution and, if they wish, begin these negotiations. Part of our problem is we have never had any written counterproposal to deal with or to give the Board recommendations. Commissioner Eggert asked how the status of the actual building of the road is affected by any or all of that. Director Davis replied it is affected in both Phase III and Phase IV of the project in that the Corps has requested that we merge the two phases together for the Corps' permit so we have one U.S. Army Corps of Engineers permit issued for both Phase III and Phase IV Boulevard Extension Project and it's been his understanding that perhaps the DER is not the lead agency. It appears that the Corps of Engineers takes a much more aggressive stance on some of the wetland mitigation opportunities, particularly the EPA. 18