4/4/1995 - Laserfiche WebLink

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BOOK 94 F,tL, 772 Chairman Macht inquired what the County's position would be if it came to something like eminent domain, and Attorney Vitunac responded that when two public bodies, each with eminent domain, are in a dispute, they balance the public interest and the body with the higher public value would get the right to use the land. Commissioner Eggert inquired if the District has any long range plan that would give the County an idea of what to expect, and Mr. Gunter replied the District just doesn't know. The District is in the process of going through a consumptive use permit with St. Johns River Water Management District right now and was asked at a planning meeting about the possibility of increasing storage. Commissioner Tippin expressed his feeling that we need more cooperation between government boards and advised that he had learned a lot after the last meeting. He felt that both Boards need to instruct all applicable staff to communicate more and be sure all the facts are in so that the Boards can work closely together and not have these misunderstandings. Commissioner Bird felt that the Boards have had good relationships over the years and advised that the County's department heads feel the arrangement with the District is very advantageous and cost effective even if there is a risk we would have to relocate the cable. He pointed out that we run the same risk by putting in our own right-of-way; as long as the charges are fair, reasonable, and consistent, it is a savings to the County to retain the agreement and pay our fair share. MOTION WAS MADE by Commissioner Tippin, SECONDED by Commissioner Eggert, that the Board approve the Permit and Interlocal Agreement with Indian River Farms Water Control District, changing the 30 day notice provision to 120 days. Under discussion, Mr. Gunter reiterated that the District is not going to ask the County to move the cable unless the District is forced to do so by someone else. He reminded the Board that the County has all of Kings Highway on a District right-of-way from the main canal bridge just south of Oslo, pavement and all. The District's right-of-way runs'20 feet west of the center line and they do not charge the County for that. They are now running into - a problem as the DoT is widening the road and wants to put up APRIL 49 1995 24