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-�� <br />aooK � <br />OCT 101979 _ ,., cr, 6 8 6 <br />ATTORNEY-COLLINS INFORMED THE BOARD THAT THE COUNTY WAS <br />SERVED IN A LAWSUIT INVOLVING PRIMARILY SEWER SERVICE TO THE TOWN <br />OF INDIAN RIVER SHORES. THE TOWN HAS FILED AGAINST BOTH THE CITY <br />OF VERO BEACH AND THE COUNTY. THE ATTORNEY NOTED THAT THIS IS A <br />MANY FACETED LAWSUIT, AND AT SOME TIME MAY REQUIRE AN IN-DEPTH <br />DISCUSSION, BUT AT THIS TIME HE JUST WISHED TO HAVE AUTHORITY TO <br />DEFEND ON BEHALF OF THE COUNTY. <br />ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- <br />SIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS..TO <br />DEFEND THE COUNTY IN THE LAWSUIT FILED AGAINST THE COUNTY BY THE <br />TOWN OF INDIAN RIVER SHORES INVOLVING SEWER SERVICE. <br />THE CHAIRMAN ANNOUNCED THAT THE BOARD WOULD AT THIS TIME <br />CONSIDER THE MATTER INVOLVING THE ROADS IN MITCHELL SUBDIVISION. <br />HE NOTED WE HAD SOME DISCUSSION ABOUT THE ROAD ENTRANCE FROM THIS <br />DEVELOPMENT INTO COLONIAL TERRACE AT OUR LAST MEETING AND THE <br />ADMINISTRATOR`S OFFICE AND THE PLANNING STAFF WERE REQUESTED TO DO <br />SOME RESEARCH ON THE PRELIMINARY PLANS. <br />ASSISTANT ADMINISTRATOR NELSON REPORTED THAT HE AND PLAN- <br />NING <br />LANNING DIRECTOR REVER SEARCHED THE MINUTES AND EVERYTHING THEY COULD <br />FIND CONCERNING MITCHELL ESTATES. THEY KNOW THE PRELIMINARY SITE <br />PLAN WAS APPROVED BY THE BOARD, BUT CANNOT DETERMINE WHEN THE PLANS <br />WERE CHANGED TO INDICATE THE CUT THROUGH ON THE ROAD. THERE WAS <br />DISCUSSION IN THE MINUTES RELATING TO THE ROADS, BUT NOTHING THAT <br />INDICATES THAT THE BOARD EITHER APPROVED OR DISAPPROVED. THE SITE <br />PLAN WAS GIVEN TENTATIVE APPROVAL IN 1977 AND THERE WAS AN EXTENSION <br />OF THE PRELIMINARY PLAT IN APRIL OF 1979. <br />ATTORNEY SAM BLOCK CAME BEFORE THE BOARD REPRESENTING THE <br />OWNERS OF MITCHELL SUBDIVISION. HE INFORMED THOSE PRESENT THAT THE <br />DEVELOPERS HAVE NEVER WANTED TO CUT THROUGH THAT PROPERTY FROM THE <br />ONSET AND WOULD PREFER TO DO WHAT THE HOME OWNERS HAVE IN MIND. HE <br />UNDERSTOOD THERE ARE TWO PRELIMINARY PLATS, AND STATED THAT THEIR <br />ENGINEER, ED SCHMUCKER OF TOTAL DEVELOPMENT, WAS UNDER THE IMPRESSION <br />THAT THE COUNTY WANTED THIS ROAD CUT THROUGH. <br />_ 5M <br />