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Hernando Today

Lawyer: Expedite Dredge Project

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By TONY MARRERO

Hernando Today

Published: January 4, 2009

BROOKSVILLE - To get the big dig going, the county has to bring in the big legal gun.

That's the assessment of County Administrator David Hamilton, who is recommending the county hire a Tallahassee attorney to deal with the legal issues that plague the Hernando Beach channel dredging project.

There is an "immediate and pressing need" to hire Richard Brightman, a specialist in environmental law at the firm Hopping Green & Sams, to fend off one legal challenge sparked by the dredge project, try to head off another potential legal battle and to make sure that $6 million in state funding remains intact, Hamilton told county commissioners in a memo Friday.

Brightman, a specialist in environmental law, also has the expertise to help the county decide between two sites under consideration to place the dredged material, called spoil, Hamilton said.

"Mr. Brightman is noted for his successful work, specifically in the field of dredging, and would lead our efforts at this last critical stage towards the objective of successfully completing the project," Hamilton wrote.

Hamilton is asking the commission to authorize a contract with Brightman's firm for services not to exceed $25,000.

The county is preparing for an administrative hearing slated for Jan. 28 requested by residents who oppose the county's first disposal site, a four-acre tract of land on Eagle Nest Drive owned by the Manuel family of Brooksville.

The Florida Department of Environmental Protection is poised to issue a permit for the site, but opponents say building a containment berm to store and dewater thousands of cubic yards of slurry - and leaving some of the material for the Manuels to use as fill dirt - would harm the environment and increase the chance of flooding in the area.

The county is working on a backup plan by trying to secure a permit to dump the spoil on county-own land adjacent to the former wastewater treatment plant on the east side of Shoal Line Boulevard north of Petit Lane.

The Manuels, however, are now hinting at legal action if the county abandons the deal.

The family has hired high-powered Tallahassee attorney Jake Varn. Cliff Manuel, in a Dec. 9 letter to Hamilton put a number on the "damages" the company would suffer if the county tries to get out of the contract.

"Should the county breach its current agreement with Manuel LLC, (the company) will incur damages of $300,000," Manuel wrote.

Brightman would help the county defend the DEP permit in the Jan. 28 hearing if he feels that's the best route, or work with the department to get a permit for the second spoil site "in a timely manner, and a manner that avoids a challenge from the owner of the first spoil site," Hamilton wrote.

If that fails, Brightman would "negotiate" with the Manuels "to avoid or minimize any liability for damages Hernando County may have" if the first spoil site is abandoned in favor of the second site.

Time is running out. The county must be ready to solicit bids for the project by March 29 in order to meet guidelines set by the state for the use of the $6 million.

Brightman was named part of the state's "legal elite" by Florida Trend magazine in 2006. He also was included in the 2007 edition of "Florida Super Lawyers" by Law & Politics Magazine. Varn was named in the 2008 edition.

Brightman declined to comment Friday because he hasn't been hired yet.

County Commissioner Dave Russell called Hamilton's plan "an interesting proposal." Though the idea of spending more money on the $9 million dredge project is not a pleasing one, Russell agreed that the county is running out of time. With lawmakers facing a massive budget shortfall, Hernando's dredge money could look ripe for the plucking.

"Perhaps it's time to pull out all the stops so we can have at least one of these two sites permitted," Russell said.

Russell recognized Brightman's name. Wade Hopping, a former Supreme Court justice and a co-founder of Brightman's firm, worked with Russell while he was in the legislature to create the small county dredging program with Hernando County's project in mind.

"Dave's certainly found the right one to go to," Russell said.

Reporter Tony Marrero can be reached at 352-544-5286 or lmarrero@hernandotoday.com.

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