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BOOK 9 PACE 504 <br />construction and postpone the overall project. This action was due <br />to private roads in the subdivision requiring the acquisition of <br />easements over several properties from her lot to the existing <br />sewer line. <br />Ms. Barnes pursued the possibility of constructing a septic system <br />to allow home construction and did not succeed. The Barnes' have <br />exhausted all avenues to develop their property without sewer <br />service. Please reference the attached letter from the Barnes' <br />dated August 14, 1996, and letters from HRS dated September 19, <br />1995, and November 3, 1995. <br />As stated, to provide sewer service to the Barnes' property it is <br />necessary to acquire easements from four property owners. To date <br />they have been unable to acquire these easements. (See attached <br />letters of request.) The Barnes', are now requesting assistance <br />from the County to acquire the required easements and proceed with <br />a Developer's Agreement for construction. <br />ANALYSIS <br />As shown in previous Board submittals, the project had, and still <br />has support from the Florida Department of Environmental <br />Protection, the Department of Health and Rehabilitation Services <br />and the Indian River Lagoon Act. In order to move forward with <br />this project and assist in easement acquisition, the department <br />must have Board authorization to proceed, up to and including <br />condemnation action for the required easements. Should the Board <br />authorize proceeding in this manner, staff will bring a Developer's <br />Agreement back to the Board for approval and begin discussions with <br />the affected property owners. <br />RECOMMENDATION <br />The staff of the Department of Utility Services requests direction <br />from the Board of County Commissioners in this matter. <br />Utility Services Director Terry Pinto reviewed the awkward <br />situation for the Board and explained that the right-of-way and <br />streets surrounding Mrs. Barnes' lot are privately owned and the <br />County is unable to supply service because it has been unable to <br />obtain easements and rights-of-way. Mrs. Barnes has appealed to <br />the State for permission to install a septic tank and has been <br />denied. <br />Chairman Adams felt Mrs. Barnes has gone above and beyond what <br />should be required. There is a limit to what people should be <br />expected to do and common sense has gotten away from us. <br />Director Pinto explained that the County supported Mrs. <br />Barnes' application for installation of a septic tank which was <br />nevertheless denied. <br />Chairman Adams felt we should not be in discussions <br />contemplating eminent domain yet. She was reluctant to condemn <br />neighbors' properties to get a 2 foot easement when Mrs. Barnes <br />will have to live in that neighborhood. <br />County Attorney Vitunac believed the County would be <br />condemning only the right-of-way and would not be taking any <br />additional property. <br />Chairman Adams offered -the Board's assistance with another <br />appeal this afternoon and offered to talk to Senator Kurth and <br />Representative Sembler to see if the situation can be resolved <br />within 24 to 48 hours. <br />OCTOBER 22, 1996 36 <br />