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Commissioner Eggert asked, if the Resolution was approved <br />today, can you or can you not go ahead and build the road with what <br />is going on in the Court. <br />Attorney Collins answered you can. He went on further to say <br />there was a hearing several weeks ago where one of the other <br />property owners, Mr. Hoffman, appealed to the Judge for a stay on <br />any proceedings with respect to the Boulevard while that was under <br />appeal. The stay was denied, primarily because of the case put <br />forth by the County on the need for the Boulevard. We fully intend <br />that, if we go out for construction bid on Phase III, that there <br />will be minimal disturbance to any of those lands under appeal <br />until we get a final determination from the District Court of <br />Appeals. <br />Commissioner Eggert wanted to clarify this is not a right-of- <br />way problem but rather a mitigation issue. <br />Attorney O'Haire responded that's exactly right. We are not <br />involved with right-of-way issues. <br />Chairman Bird asked if the Resolution passes and if we were to <br />agree to have another meeting with Mr. O'Haire and his clients, who <br />would be the proper cast of characters to have at that meeting and <br />Chairman Bird specifically asked Mr. O'Haire if his clients have a <br />specific alternative proposal to make that would be presented at <br />that meeting with -the right authority there to make decisions. <br />Attorney O'Haire advised that he can make the right people <br />from the property owner's perspective to be present at any meeting. <br />Chairman Bird asked who from the permitting agencies or <br />consultants would need to be there in order to make decisions. <br />Director Davis indicated that to resolve an alternate <br />mitigation plan, it would be necessary to include all permitting <br />agencies that participate in the Governor's Subcommittees on <br />Managing Marshes in addition to the Corps of Engineers' review <br />agencies. They all were originally involved to try to adopt a plan <br />that is amenable to them plus meets the objectives of the County. <br />Attorney O'Haire commented he has a problem because there are <br />twelve federal and state agencies and to have them all represented <br />not only would be physically impossible, it would be <br />counterproductive and he felt there is no point in his talking to <br />the Board anymore if that's the obstructive approach that's going <br />to be taken. <br />Chairman Bird noted that he would be happy to sit down and <br />meet with Mr. O'Haire but it wouldn't do any good to have his <br />planning people say the plan is fine because unless it is <br />approvable by the various permitting agencies and our engineers and <br />our staff, the Chairman's opinion would not be worth anything. <br />19 . <br />