7/6/1993 - Laserfiche WebLink

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M M M Robert Keating, Director of Community Development, advised that the County does have a 100 -ft. fall radius requirement for transmission towers, but doesn't regulate transmission lines. The reason for that is that a transmission tower is an improvement on a particular site and transmission lines are within rights-of-way. Commissioner Macht thought it was a matter of definition or of categories, but Commissioner Eggert felt that it was because we just plain didn't think about it. Chairman Bird asked if the DER gets involved in the siting of transmission distribution lines, and Commissioner Adams advised that they do for lines carrying over 230,000 volts and this line is 138,000 volts. She felt the overriding issue in this matter is that these people have been denied a voice. The people want to be heard and the City of Vero Beach has chosen to put them off for 60 days. The people desperately want to be heard, but have no vote in the City, and what the City has chosen to do in the siting -of this transmission line affects then greatly. Attorney Vitunac advised that State law says that utilities have the right to use rights-of-way subject to reasonable conditions stipulated by cities and counties. That doesn't speak to the type of construction of these structures in rights-of-way, and that would be new ground. He wasn't sure we have the power to do that, but we could look into it. Apparently, these poles are on right-of-way of the Indian River Farms Water Control District (IRFWCD) which is for the purpose of drainage. Attorney Collins understood that the water control district condemned this right-of-way for drainage purposes. once the Court enters an order of taking, they have fee simple title to that land to use for the purpose for which they condemned the property. However, they have the right to allow others to use their right-of- way for any purpose that isn't inconsistent with the use of the canal. Just as we have the power to stipulate conditions within our rights-of-way, such as requiring poles to be moved if we ever wanted to widen the road, they could do that also. We do not know whether or not they did that, however. Commissioner Macht wondered if Planning could look at this, but Director Keating explained that we don't look at lines at all. The only way we could look at it would be through pole distances and aesthetics, and the only way to control the aesthetics would be to require them to place the lines underground. Chairman Bird didn't know where you draw the line between what voltage is considered hazardous and what is not. Attorney Vitunac noted that the standards set in Sweden as to what is harmful are 50 times more severe than in this country. 17 L_� L - 6 1993 Bm 89 Pv;A73