4/26/1994 - Laserfiche WebLink

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APR 2 61994 BOOK 92 WAGE 04 Utilities Director Terry Pinto advised that he is having a difficult time in trying to get people to talk to each other on this matter, which is delaying the major effluent line running from the South County plant. He suggested that the Board, on an emergency basis, meet with the I.R. Farms Water Control District Board to resolve this matter as quickly as possible. Staff made our plea to the Water Control District Board, but they are not issuing the permit. At this point, it goes to a different level. Chairman Tippin asked Marvin Carter to explain the Water Control District's position on this issue.. Marvin Carter explained that he could only present his firm's viewpoint because he is not an official representative of the Water Control District. He felt they need some reassurance because they have to maintain and protect the District's integrity to operate as a district for the purpose it was designed. He felt it is a legal issue more than anything else because of the liability. He agreed that representatives of each body should meet to see if we can come to some agreement on indemnification. Attorney Vitunac advised that indemnification is no longer acceptable by Florida law. Director Pinto's.point is that there will be some extra liability on the Water Control District by letting other -people use their rights-of-way, the same way that the County has extra liability when we- let other people use our rights - of -way. - However, part of the job of being a governmental agency is that you assume liability because it is in the public interest. In this case we have two public agencies with one right-of-way that serves the same people, the public. To protect their liability, the Water Control District is saying that nobody else is going to use this right-of-way. That harms the rest of the public which is everyone in this county. There really needs to be a risk sharing mechanism. We should go over our procedures to make sure we don't cause harm, but if we do, stipulate that one or the other will pay. That is the cost of doing business. The matter is beyond attorneys right now; it is a political decision. He and Attorney O'Haire understand the law exactly. There is no way to hold them blameless; they will have some liability. The only way to minimize liability would be to follow procedures correctly so that there won't.be any interruptions of utility services. 51