7/13/1993 - Laserfiche WebLink

Home Browse Search

TO: T Br ZC;rsioners tZ c Zo� FROM: C4ha y Attorney DATE: July 12, 1993 SUBJECT: City of Vero Beach Electrical Distribution Lines At the July 7th Board of County Commissioners' meeting the Board directed the County Attorney's Office to write two letters -- one to the City of Vero Beach requesting that the City delay Installation of Its power poles until a public hearing had been held at which the concerns of the neighboring residents could be answered, and the second to the Indian River Farms Water Control District asking that their rights-of-way not be used for pole easements. The Board also directed me to investigate the possibility of filing for an injunction against the City from continuing construction on the pole lines. Before either of the two letters was written events possibly overtook the intent of the letters. In the first case, Vero Beach has scheduled a workshop for July 21, 1993 at 1:00 In Council Chambers (although construction on the lines will not stop), and in the second case because the Water Control District held a hearing at which the Board directed Its staff to consider not renewing the license It had given to the City at*the expiration of the 1 -year term. In this memo, I would like to explain the legal authority of the County on the Injunction issue and then got new direction from the Board on writing the letters. There are possibly four areas In which a county may have some legal authority to Involve Itself In the power pole sites. The first is as enforcer of any laws or statutes In existence relating to power pole siting, the second is as a party to a contract (such as an easement) , the third is as an agency with the power to protect the public health, safety and welfare from unreasonable actions amounting to a nuisance or tortuous Interference with property, and the fourth is as a contiguous property owner. Concerning the first area, I have been unable to find any statute or law which the City of Vero Beach has violated - The law provides ample authority for electrical utilities to use rights-of-way for power poles. Regarding the second Issue, the only contract to which the County is a party is an easement for the power line which was given by. the County over the * County's old landfill on First Street, S.W., and the City has violated no term of that easement (see Attachment 1). The third area, public health, might have offered more room for County involvement If the State of Florida had not pre-empted the field regarding' electromagnetic field regulation entirely to the Department of Environmental Protection (see Attachment 2). The range now left for county Involvement allows counties to adopt reasonable rules and regulations to protect the public health., safety and welfare from use of counties' rights-of-way on matters pertaining to non -EMF concerns only. The County has adopted no such regulations yet. The fourth area applies only If the County owns property along the line route and only If the County can claim Inverse condemnation. I have found no property which the County owns. - CONCLUSION: The result of this analysis Is that Indian Rive action against Vero Beach regarding the power prohibited from adopting regulations dealing with 50 L.J U L, 13 1993 r County has no cause of pole siting and is legally electromagnetic radiation. BOOK 8 9 N� I')' E1070