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M. B. Adelson, Senior Assistant General Counsel with State of Florida Department of Environmental Protection, advised that Commissioner Adams had previously requested a change in the agreement which deleted the words "not to exceed $100,000" and when he brought that back to the FDEP they got very nervous about signing a blank check. They have reinserted those words along with giving good faith assurance that if the State is going to invest that kind of funding and effort in the study, they will not fall short of the finish line. The contract can certainly be amended based on a competent study proceeding in a reasonable way, if needed. They will continue to help. They have committed to do that in writing and would like to get the study started, see where it goes, and if it needs to be funded further, they will make every effort to do that. Commissioner Adams explained that, similar to the way the Commission sets its budget of putting a dollar amount, rather than a percentage, this was a "sticking point" in Tallahassee. In her discussion with Kirby Green, he offered to write a letter as Mr. Adelson had stated, that if the cost is more than $100,000 that an amendment would be done. She felt they had made a good faith effort to come to the table in order to bring this to closure. Chairman Macht thought this might be the dawn of a new relationship with the DEP which was more constructive than previously. He appreciated Mr. Adelson's efforts. He hoped this would be the hallmark of things to come. Mr. Adelson hoped it would be also. Commissioner Ginn took exception to wording in the agreement that the County had "improperly issued permits for temporary emergency armoring". She asked Mr. Adelson to define an IR -512 ATF, and he advised that it was the permit that was issued by the Department to the Summerplace folks. She then asked if that was a permanent permit because it said in the agreement that the Summerplace homeowners must provide a vulnerability study to the FDEP which provides areasonable assurance that the Summerplace petitioners are eligible to receive Department Permit IR -512 ATF. Mr. Adelson reminded her that Mr. Tomasello had stated (two meetings prior) that it was okay with the applicants would provide the vulnerability study. In order to qualify for the permit, the Statute requires eligible vulnerable structures to be permitted. This completes the eligibility so the contract can be confirmed. In response to Commissioner Ginn's further inquiry, he explained what the vulnerability study does and that the consultant who prepares the study will establish the vulnerability and, once established, then the Department issues the permit to protect that vulnerability. The Department anticipates confirming the permit MARCH 23, 1999 59 BOOK Ila PAGE /93