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JUL 13 M3 BOOK 89 FA'F.107/ 11 If , however, the County owns any land located along the power line route 11 the County would have the same rights as any property owner to protect its Property against an unlawful taking. Thus, If the residents along this route have a cause of action for inverse condemnation, the County may have one too for any property It owns which is similarly affected. This must involve property other than the County landfIll since for the landfIll, the County granted the._r,-Ity an easement for exactly what has been constructed there. RECOMMENDATION: I recommend that the County Me no action against the City of Vero Beach since there appears to be no cause of action. For protection of County residents and the City residents from a similar occurrence in the future, however, the Board may wish to endorse proposed legislation recommended for support by the Treasure Coast Council of Local Governments which would require public hearings before any electric transmission or distribution system of approximately 68 kv or greater can be constructed, or consider non-ENF siting ordinances. Attorney Vitunac advised that the State has continually taken away the power of counties to regulate power lines. Under the most recent Court decision, the Florida Public service Commission was given total jurisdiction over deciding whether power lines, except lines within subdivisions, must be buried. Attorney Vitunac reported that Bruce Barkett, attorney for the affected property owners, concurs with his opinion that the forum for resolution of this problem is at the state level. Attorney Vitunac mentioned that Max Hamilton from the Fort Pierce Utilities Department was present at today's meeting to answer questions. Administrator Chandler gave a history of events leading up to the County granting a permanent easement to the City along the perimeter of the landfill transfer station. Commissioner Eggert commented that she had no idea that granting the City of Vero Beach an easement at the landfill transfer station involved the installation of high-voltage power lines. Discussion ensued concerning action the Board can take to give the County more authority over placement of power poles and transmission lines. Attorney Vitunac recommended that a committee be formed to research possible ordinances that could be adopted to protect the public from what falls in our rights-of-way. Administrator Chandler indicated that staff will research the possibility of changing County regulations to avoid problems such as this in the future. 51