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County with the drainage, as indicated in the memorandum of March 8, 1982. Commissioner Lyons noted that the cleaning would be minor, without the use of heavy machinery. Commissioner Wodtke stated that this fact should be in the agreement. The Chairman called for the question. It was voted on and carried unanimously. COMPLAINT OF FP&L POLES BY PROPERTY OWNERS Engineer Davis reviewed the memorandum dated March 8, 1982, as follows: TO: The fiono:able Mci-;ibers of the Board of County Commissioners THRU: David L. Greene, �Ssistant County Administrator FROM: Jx„es IV. Davis, P.F., Public .forks Director DATE: march s, 1932 - FILE: SUBJECT: Complaint Petition by SIV 21st Street Property Owners - F.P.& L. Poles REFERENCES: c... : V., " _ 11 s . This is in response to a complaint petition to the Board of County Commissioners dated Feb. 27, 1932 from Charles B. Smith, Sr., and other property owners on SIV 21st Street, Vero Beach Highlands. The complaint involves the location of Florida Power and Light Company transmission line poles at the front of the properties. It is recommended that the data herein presented be given formal consideration by the County Commission. DESCRIPTION AND CONDITIONS Florida Power & Light Company constructed a feeder line on the north side of SIV 21st Street from SIV 1st Avenue to Sunset Drive in the Vero Beach Highlands. They submitted a permit application to the County to do this work. The site was inspected by the Public Works Department and permit number 1644 was issued on June 5, 1931. FP & L considered five (5) alternatives before construction was begun. These alternatives can be found in a letter written to COMMi.SSioner IVodtke from Bob Conkle of Florida Power & Light (copy attached). According to Resolution Number 77-112 which is a franchise agreement between Indian River County and Florida Power & Light Company, Section 1 states, " that there is hereby granted to Florida Power & light Company (herein called the""Grantee") its successors and assigns, the non-execlusive right, privilege or franchise to construct, maintain, and operate in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public places throughout all the unincorporated areas of Indian River Coram)', Florida," which authorized Florida Power & Light to do this type of work. Furthermore, since the lines are feeder, the installation placed certain constraints not typical of service lines. MAR` 1, 71982 66 49