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BOOK 94 FAV 841 <br />RECOIrIlWMATIONS AND FUNDING <br />County staff recommends the Board of County Commissioners sign the <br />agreement between Florida Department of Environmental Protection <br />and the Indian River County Board of County Commissioners in <br />reference to DEP Permit No. 312428049. No funding is required. <br />MOTION WAS MADE by Commissioner Adams, <br />SECONDED by Commissioner Eggert, to accept the <br />permit from the Florida Department of <br />Environmental Protection, Bureau of Wetland <br />Resource Management and enter into a long-term <br />agreement with the FDEP. (Alternate 1) <br />Under discussion, Chairman Macht advised that Alternate 2 <br />appealed to him; he thought a time limit ought to be negotiated as <br />he did not favor a long-term agreement with FDEP. He cited the <br />following sentence in the descriptions and conditions: "In the <br />event it is shown that the PEP reef has caused more than one and <br />one half acres of existing natural hard bottom to be covered by <br />sand." He remarked that, from his experience, the hard bottom in <br />that area was repeatedly covered by sand and he wondered who had <br />the ability to determine whether it was due to a storm or PEP reef. <br />He advocated negotiation to set a time certain to end Indian River <br />County's responsibility. <br />Coastal Engineer Don Donaldson said the only item that <br />addressed the length of time was paragraph 5 in the Agreement, <br />where it stated that we would agree to the provision as long as the <br />structure remained in place and we assumed that the structure would <br />be there for a very long time. He went on to explain the <br />monitoring program time frame and the DEP permit. He believed we <br />could ask that it be revised without it jeopardizing our time <br />parameters. Chairman Macht requested that be done: <br />Commissioner Adams AMENDED- her motion to <br />include negotiations to limit the time period, <br />and Commissioner Eggert ACCEPTED the amended <br />motion. <br />Chairman Macht surmised the motion was Alternate 2, but <br />Commissioner Adams pointed out that duration was the only subject <br />of negotiation. <br />20 <br />April 11, 1995 <br />