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M - M <br />Chairman Macht asked who would be defending the permit, and <br />County Attorney Vitunac explained the challenge process and advised <br />that his office would defend the County as the permit holder. <br />Commissioner Adams felt that we would be well-advised to seek <br />counsel with experience in these hearings. <br />Public Works Director Jim Davis recounted the County's <br />successful defense in 1990 of the Boulevard Phase III 120 hearing. <br />During that 6 -month process, the DER's legal counsel worked with <br />the County's legal counsel and expert testimony was also involved. <br />Commissioner Bird felt that they had asked Commissioner Adams <br />and staff to do a job and, as far as he was concerned they couldn't <br />have done it better. The amount of energy, effort, and persistence <br />was phenomenal. However, in spite of their excellent efforts, he <br />felt there are some real questions whether or not the PEP reef has <br />the odds behind it to do what we want to maintain and, perhaps, <br />enhance our beach. He would like to continue to pursue the permits <br />and defend ourselves at the 120 hearing, but if we're buying <br />ourselves additional time, he wanted to have some other options <br />explored. He remained unconvinced, based on expert testimony, lab <br />tests, etc., that the PEP reef was a proven procedure for <br />protecting or enhancing the beach. With the expense involved, he <br />would not be satisfied to merely maintain the present beach. He <br />believed that people wanted to see the beach restored, but added <br />that additional beach was needed for protection, recreational and <br />tourist benefits, and a multitude of other reasons. As unpopular <br />as it is, the most proven method to enhance the beach has been <br />sand -pumping. He knew it has been considered before, but pointed <br />out that it is still a viable option. He suggested going back to <br />the State and the Federal governments to see what other options are <br />available in restoring the beach, find out if they would permit <br />such a thing, and determine if there any State or Federal funds <br />still available for such a project. He also believed something <br />needed to be done about the sand being stopped by the north jetty <br />on the Sebastian Inlet. <br />Commissioner Bird wanted to see Commissioner Adams or someone <br />pursue some other options in addition to the PEP reef. Even though <br />our conditions are not exactly the same as Palm Beach, their <br />experience should raise a red flag before we spend the kind of <br />money necessary on an experimental PEP reef project. <br />Commissioner Adams responded to Commissioner Bird's remarks <br />and suggested there was a misconception that perhaps the committee <br />has had their head in the sand. Half a million dollars has been <br />49 <br />May 23, 1995 <br />Boa P 4U <br />