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a notification letter was all that was required in this case. Indian River County's Attorney disagreed with this conclusion, and a letter has been sent to AT&T requesting the information necessary for the formal approval process. The franchise holder will not change, but the new AT&T Comcast Corporation will become a new indirect parent company for the franchise holder. This resulting change in control will require approval by the Board of County Commissioners. Indian River County Ordinance 82-7 states that such approval may not be unreasonably withheld by the Commission and that a public hearing fee up to $500 may be charged. RECOMMENDATION: Based on the opinion of the County Attorney, staff recommends that the Board authorize the scheduling of a public hearing for the consideration of the request for transfer and control of the franchise for Cable TV service in Indian River County. The public hearing date will be set after Indian River County has received and reviewed the form 394 package from AT&T. Staff recommends not charging the S500 00 public hearing fee. ON MOTION by Commissioner Adams, SECONDED BY Commissioner Tippin, the Board unanimously authorized the scheduling of a public hearing for the consideration of the request for transfer and control of the franchise (combine AT&T and Comcast) for Cable TV services in Indian River County to be scheduled after the County has received and reviewed the Form 394 package from AT&T, and the County shall not charge the $500 public hearing fee, all as recommended in the memorandum. 11.G.1. GIFFORD AREA STORMWATER IMPROVEMENT PROJECT - CARTER ASSOCIATES, INC. - RELEASE OF RETAINAGE AND REQUEST FOR FINAL PAYMENT The Board reviewed a Memorandum of April 1, 2002: TO: James Chandler, County Administrator THROUGH: James W. Davis, P.E., Public Works Director FROM: W. Keith McCully, P.E., Esq., Stormwater Engineer jeet SUBJECT: APPROVAL OF RELEASE OF RETAINAGE FOR GIFFORD AREA STORMWATER IMPROVEMENT PROJECT April 9, 2002