3/16/1999 - Laserfiche WebLink

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Jim Dyess, 2135 South Porpoise Point, asked how we could make an agreement that does not include the seawalls and hoped the Board is not acting too rashly. Commissioner Ginn asked counsel to review whether or not authority is being given to the federal government. She wanted to be sure no jurisdictional boundaries are changing when Fish & Wildlife has the HCP along our entire coastline. Commissioner Adams noted that it will be our HCP, only approved by Fish & Wildlife. County Attorney Vitunac explained that it has been alleged that the County is performing an illegal act under federal law by taking an endangered species. We will now be applying for a federal permit that allows us to do certain things which are enumerated in the HCP. Should we fail to comply with the HCP after it has been drafted, then we could be taken before a federal court and be found in violation of the agreement. However, the County still owns the beaches, the jurisdiction stays the same. Also, once the HCP has been drafted, if the County does not like it, there is no pressure to sign it. This is just the start of the application process. Commissioner Tippin felt he could vote for the agreements based on counsel's assurances. He believed that it is the past history of behavior on the part of the federal government that has everyone scared to death. A lot of good things have happened with DEP in the last year or so and he hoped more good things are yet to come. County Attorney Vitunac confirmed his earlier assurances and restated that the County will have a chance to back out of the agreement if it is not to their liking. THE CHARMAN CALLED THE QUESTION and the motion passed by a 4-1 vote (Commissioner Ginn opposed). COPIES OF INTERIM AGREEMENT AND MEMORANDUM OF AGREEMENT ARE ON FILE IN TBE OFFICE OF THE MARCH 16, 1999 CLERK TO THE BOARD -111-a BOOK 103 FAGS 2.6