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r BOOK 97 PAV 660' the attorney for Hawk's Nest Golf Course. In view of the conflicting interpretations of the Developer's Agreement ( Exhibit "All), the Commission felt that judicial resolution of this question would be the best course of action. A Complaint for Declaratory Judgment was filed by the County_ with -Hawk's Nest Golf Golf Club, Inc. and Vero Sand Pines named as defendants- Both of the defendants filed counterclaims against the County. The matter was called up before Judge Makemsom on a motion for summary judgment and an order was issued (copy attached as Exhibit E) . The complaint as to Vero Sand Pines and the Vero Sand Pines counterclaim were dismissed by stipulation of the parties so that the subject matter could be determined in accordance with the Courts order (Exhibit E) . The counterclaim of Hawk's Nest is still outstanding but it is not material to the determination of need required by the Court's order. Discussion: The Court's order states in pertinent part as follows: The court holds that the Developer's Agreement dated October 2, 1985, between INDIAN RIVER COUNTY and VERO SAND PINES obligates INDIAN RIVER COUNTY to determine if a need for Storm Grove Road exists; and to notice HAWK'S NEST GOLF CLUB, INC. to begin construction of Storm Grove Road, if such need is determined to exist. The Developer's Agreement does not give Defendant, VERO SAND PINES, the right to determine that a need exists for the construction of Storm Grove Road and that notice is to be given to HAWK'S NEST GOLF CLUB, INC. to begin construction of Storm Grove Road. It appears that the next appropriate step for the Board of County Commissioners is to marshal all the facts and then "determine if a need for Storm Grove Road exists" at this time. This determination by the Board of County Commissioners will be legislative in nature so that the ex parte prohibitions of Snyder will not apply. Further, the word "need" is not defined nor are there any criteria established to be used to determine "need". It is this aspect of the matter which makes the Board of County Commissioners' procedures and decision legislative in nature as opposed to quasi-judicial proceedings which must be decided after public hearing on the basis of the weight of the evidence and testimony presented. Thus, there is no requirement that the Board's determination be made after a public hearing. It is important, however, that the Board have all the facts before it so that an informed decision may be made. To this end, the procedure set forth below is suggested in the interest of orderly administration. It should be noted that if a need for the construction of Storm Grove Road is found by the Board of County Commissioners then the obligation to construct the road would be Hawk's Nest under the Developer's Agreement. If no need is found, at this times then, if there is a change of circumstances, the Board could again address the question of need or in accordance with the Developer's Agreement the "County shall annually, from the date of this agreement, review the County's needs to determine whether or not construction shall be noticed. " March 19, 1996 120 I