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license fee of $50. per year has been required to be paid by the County. At this time, the <br />FECRR requests that the County execute one blanket agreement for all three pipe <br />crossings instead of having three individual agreements on record. In addition, the annual <br />license fee is increasing substantially between 1997 and 2000, for one crossing as much <br />as 700%. The total yearly fee for the three pipes will be $150 for 1997 and $725 in 2000 <br />and thereafter. <br />ALTERNATIVES AND ANALYSIS <br />As usual, the FECRR is very autonomous in requiring right-of-way users to execute <br />agreements such as the one attached. The alternatives are as follows: <br />Alternative No. 1 <br />Approve the agreement and authorize the Chairman's signature. <br />Alternative No. 2 <br />Do not approve the agreement and remove the two storm sewer pipes (one <br />under the 16P Street and one under 12"' Street) and traffic signal conduit at <br />Highland Drive. <br />RECOMMENDATIONS AND FUNDING <br />Staff recommends Alternative No. 1 whereby the agreement is approved. Funding to be <br />from Road and Bridge Division Fund 111-214. <br />Public Works Director Jim Davis- -advised the Board that the FEC <br />has the authority to charge local governments for use of their <br />rights-of-way. <br />After general discussion, Commissioner Adams felt the railroad <br />has as much responsibility and liability for the water flow as the <br />County and felt our arm is being twisted. The railroad is <br />evidently looking at these fees as a revenue source and there are <br />only 3 of these. Utilities will be bringing more agreements before <br />the Board. <br />Commissioner Ginn suggested that staff contact the railroad in <br />an effort to get them to see the mutual benefit to the agreements <br />and possibly lower their fees. <br />ON NOTION by Commissioner Ginn, SECONDED by <br />Commissioner Adams, the Board -unanimously approved <br />deferring this -item for one week to allow staff an <br />opportunity to attempt to further negotiate with <br />Florida East Coast Railway. <br />SEAWALL LAWSUIT COAEMnK rS <br />County Attorney Charles Vitunac announced that during the last <br />week the DEP permit for the Millar and Somoza seawalls became <br />permanent which makes the County's emergency seawall permit null <br />and void. Therefore, the County has no need to defend the straight <br />line concept discussed in relation to the lawsuit filed by Clemens. <br />APRIL 159 1997 51 <br />