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BooK 95 PAGE,3- 32 <br />DEFENSE OF EXPECTED CHALLENGE ON MY REEF PERMIT <br />The Board reviewed the following memo dated 5/31/95: <br />TO: Board of County Commissioners <br />9ChFROMs es P. nac, Count Attorney <br />DATE: May 31, 1995 <br />RE: Defense of Expected PSP Roof Permit Challenge <br />The County has been given every indication by the permitting authorities <br />that all permits will be in hand in the near future for the construction <br />of the PEP reef . The County has also been informed by Mr. Frank zorc, <br />and perhaps others, that Chapter 120 rule challenges will be filed <br />against the County's permits seeking to invalidate them. <br />At the last meeting of the Board of County Commissioners Commissioner <br />Fran Adams suggested that the County forcefully defend any challenges to <br />the permitting process, and, in that regard, has suggested the hiring of <br />a Tallahassee law firm expert in the defense of Chapter 120 rule <br />challenges, Lewis, Langman & Walker. Attached to this memo is a letter <br />of engagement prepared by the firm's Tallahassee partner, R. Steve <br />Lewis. <br />I talked with Mr. Lewis by telephone and was made aware by him that he <br />was already quite familiar with our case and would very much like to <br />defend the County in this matter, if necessary. Mr. Lewis -indicated <br />over the phone that his hourly rate for governments is $150.00, and'that <br />he expected this matter to be in active litigation for some five months. <br />Requested Actions Request direction from the Board. <br />Don Donaldson, County coastal engineer, reported that as of <br />today the permit has not been issued, but we do expect it soon. <br />ON MOTION by Commissioner Eggert, SECONDED by <br />Commissioner Adams, the Board unanimously approved <br />the engagement of Lewis, Langman & Walker, P.A. to <br />defend expected challenges on the PEP reef permit <br />from the DEP. <br />CONFIRMATION OF ENGAGEMENT LETTER IS ON FILE <br />IN THE OFFICE OF THE CLERK TO THE BOARD <br />SURVEY OF OTHER FLORIDA COUNTIES REGARDING MILLAGE <br />COMPARISONS <br />Chairman Macht announced that in an effort to understand why <br />Indian River County has ranked in the top 3 counties these past <br />years, OMB Director Joe Baird has prepared a survey. <br />54 <br />June, 6 1995 <br />