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• • • 7.R. INDIAN RIVER COUNTY VS. LEGWENAND FAIRWAYS GOLF CLUB. INC. - CASE NOS. 2002 -0200 -CA -05 AND 97 -0273 -CA -05 (CONSOLIDATED),,CIRCUIT CURT, 19TH JUDICIAL CIRCUIT - DECISION NOT TO APPEAL Acting Chairman Macht made comment contesting the attorney's fees in the amount of $51,200.00 awarded by Judge Hawley as being a tremendous amount. Deputy County Attorney Collins said he filed a motion in opposition and argued that a reasonable attorney's fee based upon statutory factors would be $19,503.82. However an appeal would involve additional attorney's fees and court fees to the County and he recommended that no appeal be taken. ON MOTION by Acting Chairman Macht, SECONDED by Commissioner Adams, the Board unanimously (5-0) decided that no appeal be taken, as recommended by staff. 9. B.1. PUBLIC DISCUSSION ITEM - FRED N. BOHLER, JR. - DRAINAGE PROBLEMS AT HERON CA Y MOBILE HOME COMMUNITY Fred Bohler, 42 Calypso Cay, Heron Cay, recounted standing-water/stormwater drainage problems that have been on-going for more than a year at Heron Cay Mobile Home Community. Community Development Director Robert Keating and other staff were very helpful and had written the park owner explaining what needed to be done in order to get the drainage problems corrected. The park owner's attorney wrote back advising that the problem belongs to the individual homeowners. More correspondence has been sent and the situation has gone on too long. He had been waiting for Deputy County Attorney Collins to write the park owner asking that he abide by the conditions set out in Mr Keating's earlier letter. He was now appealing to the Board for action. Deputy County Attorney Collins concurred with Mr. Bohler's comments adding that although the park owner's attorney believed responsibility for the drainage was that of the unit DECEMBER 3, 2002 9 r. 1 •