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04/06/2021 (2)
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04/06/2021 (2)
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Board of County Commissioners Meeting Minutes - Final <br />April 6, 2021 <br />$235,410.00. Staff further recommends the Board approve the sample agreement <br />and authorize the Chairman to execute said agreement after review and approval of <br />both the agreement and required Public Construction Bond by the County Attorney <br />as to form and legal sufficiency, and the receipt and approval of required insurance <br />by the Risk Manager. <br />Attachments: Staff Report <br />Sample Agreement <br />Approved staffs recommendation <br />8.V. 21-0382 Town of Indian River Shores Utility Feasibility Study <br />Recommended Action: Staff recommends that the Board authorize County staff to cooperate with the Town <br />of Indian River Shores in their efforts to conduct the feasibility study. <br />Attachments: Staff Report <br />Arcadis Scope of Work for Feasibility Study <br />Letter from City of Vero Beach 032421 <br />Vice Chairman O'Bryan invited legal input from County Attorney Dylan Reingold <br />prior to a vote by the Commission. Attorney Reingold stated that County staff was <br />approached by the Town of Indian River Shores (the Town) to discuss the <br />possibility of the Town terminating a 2012 Franchise Agreement with the City of <br />Vero Beach (the City). He pointed out a notice provision in the contract that stated <br />the Town must notify the City in 2023, if they wished to explore a different source <br />for receiving water, wastewater, and reclaimed water utility services. Attorney <br />Reingold cited comparable situations which led him to believe it was not a problem <br />for the Town to move forward with the utility feasibility study. He also referred to <br />a letter dated March 24, 2021, from Vero Beach City Manager Monte Falls that <br />included an 1989 Territorial Agreement between the City and the County, and he <br />provided the reasoning behind his opinion that the County could serve the Town at <br />the end of the Town's 2012 Franchise Agreement with the City; he recommended <br />that the Board authorize County staff to cooperate with the Town in their efforts to <br />conduct the feasibility study. <br />Mayor Brian Foley, Town of Indian River Shores, explained that the Town was <br />interested in knowing the costs involved with disconnecting from City water and <br />connecting with the County. He stated that the Town's outside counsel, Holland & <br />Knight, would be providing a written opinion regarding the 1989 Territorial <br />Agreement between the City and the County. <br />City of Vero Beach Utilities Director Rob Bolton requested that the item be tabled <br />until Mr. Falls could be present to speak. <br />Indian River County Florida Page 10 <br />
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