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Bo x 95 fAu206 Chairman Macht asked staff's recommendation relative to Ms. Mitchell's suggestion, and Mr. Donaldson responded that the contract was not clear on the point, therefore, the contract would need to be amended just for clarity. He estimated the costs for a partial Notice to Proceed to include mobilization and fabrication would be $890,000. A 10%-12% increase for installation next year on the remaining portion of the project would ultimately add about 5% to the overall project total, instead of a 10%-12% increase if they decide to wait on the entire project until next year. Mr. Donaldson believed that the County Attorney might be able to give information about the 120 hearing process and how to proceed, and he recommended deferring until all appeals are over before issuing any Notice to Proceed. County Attorney Vitunac presented two scenarios: if we win the appeals, and if the appeals are successful. There would be a minimum of 30 days, probably longer, just to win the case, which becomes a factor affecting the installation opportunity this summer. If the appeals are successful against us and the permits are withdrawn permanently, the units would have been built and could not be put in place. He hasn't seen the challenges yet. They may be invalid or have some merit, and he could give no opinion of the odds. A decision to proceed or not was a "risk analysis" of how important it is to have them made this summer versus waiting. Chairman Macht asked if the appellants had standing to file, and County Attorney Vitunac said Frank Zorc was the only one he was aware of. He explained the law required an appellant to be a significantly affected party with the legal right and the right has to be one that was affected by this permit, within the same influence; thus, generally, beachfront owners within the area would have standing. He advised they would look heavily into the standing issue. Commissioner Adams suggested that in environmental concerns just about everybody has standing. Commissioner Bird asked staff what additional cost might be incurred if they did not issue the Notice to Proceed, but pursued the final permits, and went through the 120 hearing process. Mr. Donaldson was not sure of the legal expenses, but the cost to wait until next year would be approximately 10% more. He hoped the cost to reinvestigate the anomalies would be less than $5,000. 48 May 23, 1995