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7. E. VALENTINE V. INDIAN RIVER COUNTY ' CODE ENFORCEMENT BOARD CASE Now 2001410077 • CIRCUIT COURT CASE NO. 2001 - 01 $ 0- CA -20 - CLIFFORD M. MILLER9 OUTSIDE COUNSEL The Board reviewed a Memorandum of May 8 , 2001 : Paul G. Bangel, County Attomcy' 'Board Cernfied, City, County and Local Government Law William G. Collins II, Deputy CounyAttorney" May 8 , 2001 MEMORANDUM To : Board of County Commissioners From : Paul G . Bangel , County Attorney64SI S j I Re : Valentine v. Indian River County, Code Enforcement Board Case No . 2001010077 ; Circuit Court Case No . 2001 -0180-CA-20 Recommendation : It is recommended that the Board of County Commissioners authorize the engagement of Clifford M . Miller, Esq . , as outside counsel to represent the County in the above-referenced code enforcement appeal , at a flat fee of $ 1 , 000 or, if the case is disposed of by the Code Enforcement Board without a decision on the merits by the circuit court, at a rate of $ 75 per hour, plus expenses in either event . Discussion : The respondent in the above- referenced code enforcement case appealed the decision of the Code Enforcement Board . Inasmuch as the County Attorney ' s Office represents the Code Enforcement Board this Office cannot ethically handle the appeal on behalf of the County staff. Indeed , Section 162 . 05 ( 5 ) , Florida Statutes (2000 ) , prohibits a local governing body attorney from representing both a code enforcement board and staff who present cases to the code enforcement board . I have spoken with several local attorneys , and hourly fees range from $ 140 to $ 175 . One attorney would have agreed to a cap of $ 2 , 500 without oral argument and $ 3 , 000 with oral argument. While Mr. Miller also suggested a result-based fee as an option , I would prefer a $ 1 , 000 flat fee . Attached is a copy of Mr. Miller' s resume . MAY 155 2001r, KI I � P � fi 8 - 20 -