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Mr. Hennessey explained that the process could continue even <br />if an appeal were filed. The County would not be prohibited from <br />proceeding with the PEP Reef. He recommended that the County go <br />forward with the project based on the favorable recommended order. <br />The project requires several other permits which are all in.place <br />with the exception of the U.S. Army Corps of Engineers permit. He <br />understood that permit will be forthcoming within a week. <br />Finally, Mr. Hennessey informed the Board that a request has <br />been made to the hearing officer to obtain the County's attorney <br />fees. Although the hearing officer had found that the petitioners <br />did not prove a single claim, she did not agree that they should be <br />punished by paying the County's attorney fees. He continued that <br />while that decision is definitive, it does not preclude the <br />County's rights to pursue the parties. <br />Chairman Adams asked that testimony, findings, claims and <br />rebuttal be summarized for the Commissioners who had not had the <br />opportunity to attend the proceedings. <br />Mr. Hennessey reviewed the extensive list of claims filed by <br />Michael Walthers and Adele Clemens and advised of testimony by the <br />County's and petitioner's expert witnesses. He thought the <br />negative bias of the petitioner's witnesses was quite clear. <br />Mr. Stephen Lewis advised that one of the things 'most <br />difficult to understand in these hearings is that the applicant has <br />the burden of proof to show that every requirement set out in the <br />statute and the rules is met in order to be entitled to receive the <br />permit. He reported that the hearing officer had made the <br />observation, based on both the physical modelling and the numerical <br />model, that the project had the potential for some benefit to <br />Indian River County's coastal system. He pointed out that Mr. <br />Jeremy Kraft was a very important/key witness for the County and <br />his testimony was critical. <br />Mr. Lewis advised of the procedures which now had to be <br />accomplished and his mission was to press the department to issue <br />the final order as quickly as possible. At that point, the County <br />would have every authorization necessary from the local, state, and <br />federal levels in order to proceed. <br />Commissioner Eggert asked if she understood correctly that the <br />...permit must be issued and that there would be no new conditions, <br />and Mr. Lewis explained and gave assurances that it would be highly <br />unusual if the department reversed its position. <br />Commissioner Bird asked the amount of the total legal fees, <br />and Mr. Lewis advised that the fees are over $100,000. He made it <br />clear that, because of all the allegations raised, the <br />28 <br />March 5, 1996 BOOK 97 Pn-L 452 <br />