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LAW OFFICES OF <br />O'HAIRE, QUINN, CANDLER & O'HAIRE <br />MICHAEL <br />IN <br />.O <br />D. OUINN <br />12131��s� <br />3111 CARDINAL DRIVE <br />RICHARD <br />RICHARD BI CAN^� <br />SEAN O�HAIRE <br />V <br />^� <br />VERO BEACH, FLORIDA 32963 <br />p. O. BOX 4375 <br />VERO BEACH. FLORIDA 32964 <br /><o <br />JUL 1995 <br />Zo <br />(407) 231-6900 <br />V7 <br />2 <br />FACSIMILE TRANSMISSIONS: <br />co <br />Q <br />July 7, 1995 <br />(407) 231- 9729 <br />Jim Davis, Public Works Director <br />Indian River County <br />1840 - 25th Street <br />Vero Beach, Florida 32960 <br />Re: Indian River Farms Water Control District/ Indian River <br />County/58th Avenue right-of-way <br />Dear Jim: <br />Following your meeting with the Board of Supervisors of the <br />Water Control District, the Board, after discussion, asked me to <br />write you memorializing concerns they feel need to be addressed, as <br />follows: <br />1. The biggest single potential for <br />problemsthe <br />District's making its right-of-way available forroadu elt to the <br />County is foreclosure in the future of the ability to increase <br />storage capacity for- retention of waters by the. District through <br />expansion of its lateral paralleling the roadway. This is not a <br />theoretical problem, but one which has been voiced as a potential <br />solution to what some agencies perceive is a problem with the <br />District's designed primary discharge into the Indian River. The <br />District would like formal and written assurances from the .County <br />that, in consideration of the District's making its canal right-of- <br />way available for 58th, Avenue construction and widening, the County <br />will bear the expense of acquiring an equivalent amount of land in <br />a suitable location if, and only if, the District -is pressured some <br />time in the future to expand its storage and water retention <br />capacity. <br />2. All vegetation removal, since it is such a controversial <br />subject, will be the County's sole decision and sole financial <br />responsibility. If questions are asked or complaints made, <br />inquiries will be referred to the County. <br />3. Following the controversy over the City of Vero -Beach's <br />location of the high voltage transmission line along Water Control <br />District right-of-way, the District adopted a policy requiring - <br />notice to all adjacent the <br />of third party use of District <br />- -- right-of-way and a public hearing on the subject. Since it is <br />anticipated that vegetation removal easterly of the District's <br />lateral, required by -expansion of the road, will provoke a lot -of <br />comment from the more -urban areas adjacent to the'proposed new <br />maintenance right-of-way and an opportunity for the public to be <br />heard and answered is essential. Inquiries will be referred to the <br />County as the responsible agency. <br />31 6DOK 95 <br />��If�� .�ll <br />AUGUST 1, 1995 <br />