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12..13. WATER AND WASTEWATER SERVICE TO THE TOWN OF INDIAN RIVER <br />SHORES <br />Director of Utility Services Erik Olson recapped his memorandum of September 27, 2010 <br />to provide a status update on the water and wastewater franchise between the Town of Indian <br />River Shores (the Town) and the City of Vero Beach. He said the Franchise Agreement expires <br />in 2016, and that recently, Indian River Shores had sent to both the County and the City, a draft <br />Asset Purchase and Franchise Agreement for the provision of their water, wastewater, and reuse <br />water, with a response date of October 8, 2010, and a closing date of January 2011. He detailed <br />staff's concerns regarding the proposed Agreement, and questioned whether the County could <br />negotiate on the franchise while the existing Franchise Agreement between Indian River Shores <br />and the City of Vero Beach remains in effect. He recommended the Board direct staff to send <br />the draft letter (page 300 of the backup), advising Indian River Shores that the County would be <br />interested in discussing further the Town's proposal; however, is wary of interfering with the <br />City of Vero Beach's existing franchise rights. <br />A broad -ranging discussion ensued wherein Board members considered a variety of <br />factors associated with providing water and sewer service to the Town, and how best to respond <br />to the letter sent by GAI Consultants (on behalf of Indian River Shores), requesting that the <br />County let them know if it did not wish to enter into negotiations for the Asset Purchase and <br />Franchise Agreement with Indian River Shores. <br />County Attorney Alan Polackwich provided legal opinion that prior to the completion of <br />the existing Franchise Agreement, the County cannot sign the subject agreement without <br />interfering with the City of Vero Beach's right to continue with the existing franchise. He also <br />pointed out that the five-year deadline for notice of continuation or non -renewal of the Franchise <br />Agreement is not until November 2016; hence if they so desired, the Town of Indian River <br />Shores and the City of Vero Beach would have plenty of time for further negotiations. <br />29 <br />October 5, 2010 <br />