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M M <br />whether Mr. Feldman should apply when the window of opportunity <br />opens twice a year for land use amendments. <br />Mr. Feldman preferred his position be considered before rather <br />than after because he worried that there would be a very serious <br />problem with the State of Florida considering it after the <br />adoption. He wanted to participate in the negotiation and <br />settlement process. <br />Commissioner Eggert pointed out that we had notice of this <br />change and notice of public hearings when we originally put the <br />agreement together, which was the perfect window for this to be <br />addressed and she asked if there was a reason he did not make his <br />request at that time. <br />Mr. Feldman stated he was not made aware of it through a <br />publication because he did not see the publication. When he did <br />obtain a copy and showed it to his attorney, his attorney felt he <br />would not have understood the impact that publication could have <br />had on this particular piece of property. Mr. Feldman also <br />commented that other citizens and residents of Indian River County <br />were of the same opinion. <br />County Attorney Vitunac advised that even though the applicant <br />missed all the earlier deadlines, if he had come to the meetings he <br />might have gotten relief as five or six other people had. Mr. <br />Vitunac asked, if Mr. Feldman today presented a case that could <br />convince the Board, would that be sent to DCA as the recommendation <br />of the Board, meaning we are not precluded from changes even at <br />this late date. <br />Mr. Keating said that is correct, the Board can make that <br />decision. <br />Attorney Vitunac continued by stating that if Mr. Feldman <br />makes a case, even though it would mess everything up, the Board <br />has the power today to do something with Mr. Feldman's case. <br />Commissioner Scurlock felt we are under a hammer to go with <br />the recommendation and any changes would cause the whole process to <br />start from step one. <br />Director Keating emphasized that we have entered into an <br />agreement with DCA to make the changes that we have worked out with <br />them and felt that, if we were to make another change, probably <br />everything would be back on the table. He was sure if DCA would <br />accept an amendment that is sent today, they certainly would accept <br />it if it is done in the next time frame; there would be absolutely <br />no difference in their decision-making philosophy. <br />Chairman Bird emphasized that the amendments that are coming <br />up have had hours and hours of dialogue between the applicant and <br />the Commission and staff, as well as staff research and so forth. <br />49 <br />BOOK <br />