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6011Y "1G4 F'rGE 39 <br />Commissioner Eggert did not understand how this had occurred and wondered who <br />in the county was supposed to take the responsibility for asking exactly what the situation <br />was. She wondered why someone did not ask about the change in reference from Grand <br />Harbor/Hatala to Grand Harbor/Indian River Club. <br />Vice Chairman Macht asserted that you rely on an attorney to protect his client's best <br />interest. <br />Commissioner Eggert agreed but felt the County had some responsibility. <br />In response to Mrs. Hatala's question, Attorney Collins stated that the County could <br />say that the credits run with the land. <br />now. <br />Commissioner Ginn felt that was a secondary issue and should not be involved right <br />Mr. Hatala had concern about who would bear the expenses of a lawsuit. <br />It seemed to Attorney Collins that the County would not have the innocent party bear <br />the expense. <br />MOTION WAS MADE by Commissioner Ginn, SECONDED <br />BY Commissioner Adams to approve Alternative 2 (Allow the <br />traffic impact fee credits to Mr. Hatala and reimburse the trust <br />account for traffic impact fee district 4). <br />Director Davis explained that traffic impact credits usually are effectuated at the time <br />the development occurs. So, when the developer comes in to build and pull his building <br />permits, instead of paying cash for his impact fees, he has a credit on the books and he <br />simply draws from that credit. <br />The Chairman CALLED THE QUESTION and the motion <br />passed unanimously. <br />In response to Mrs. Hatala, Attorney Collins explained that the traffic impact fee <br />credits would run with the land to benefit the Hatalas or any successor. His office will send <br />a letter to that effect. <br />Attorney Collins stated that he would talk with Mr. Henderson. <br />March 17, 1998 <br />50 <br />