Laserfiche WebLink
7,E. SEA TURTLE SURVIVAL LEAGUE 1 INDIAN RIVER COUNTY, ETAL - <br />PROPOSED SETTLEMENT AGREEMENT - (SUMMERPLACE SEAWALLS - <br />PARVUS, STRAND, TRIMARCHE, KING, SIMPSON, MCCOY) <br />The Board reviewed a Memorandum of July 22, 1998: <br />TO: Board of County Commissioners <br />FROM: Terrence P. O'Brien, Assistant County Attornev� <br />DATE: - July 22, 1998 <br />SUBJECT: Proposed Settlement Sea Turtle Survival League v IRC et al <br />The Plaintiff has offered a settlement of the subject law suit. A copy is attached. <br />Attorney Tomasello, who represents the property owners (Defendants along with <br />IRC) who installed the sea wall, would like the County to settle, but only if DEP and <br />Sea Turtle Survival League (STPL) agree to allow the sea walls to remain. <br />The proposed STPL settlement would have us agree that STPL is the prevailing <br />party" which would open up the County to pay their legal fees. In addition, it would, <br />like the Tomasello proposal, have the County agree to limit all future action with <br />regard to issuing permits. Staff feels that the County cannot contract away any of its <br />statutory rights and obligations. Further, the entire tenor of the STPL proposal is that <br />the Countv was at fault. <br />In view of the foregoing, it is recommended that the Commission reject both proposals <br />and authorize staff to convey this message to both attornevs. <br />For information purposes, a copy of the DEP denial of the after the fact permit for the <br />sea walls is attached. <br />August 4, 1998 <br />ON MOTION by Commissioner Adams, <br />SECONDED by Commissioner Ginn, the Board, by <br />a 4-0 vote (Commissioner Eggert being absent), <br />unanimously rejected the settlement proposals and <br />authorized staff to convey this information to both <br />attorneys, as recommended by staff. <br />-1 I - BOOK 106 PAGE 4cr- <br />