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<br />DATE: SEPTEMBER 21,1999
<br />TO: JAMES E. CHANDLER
<br />COUNTY ADMINISTRATOR
<br />FROM: DONALD R. HUBBS, P.E.
<br />DIRECTOR OF UTILES
<br />SUBJECT: LICENSE AGREEMENT
<br />SEA OAKS PROPERTY OWNER'S ASSOCIATION
<br />WASTEWATER TREATMENT PLANT SITE
<br />q ►
<br />In September of 1989, Indian River County Utilities entered into a purchase agreement
<br />with Sea Oaks Utilities, which conveyed, among other things, the wastewater treatment
<br />facility property adjacent to Sea Oaks subdivision. There was no property reverter in the
<br />agreement. At the same time, an irrigation agreement was entered into between the
<br />County and Sea Oaks Property Owner's Association (SOPOA), to provide reclaimed
<br />water for irrigation purposes from the wastewater facility. (See attached). In 1993, the
<br />Board of County Commissioners approved a master plan evaluation of the North Beach
<br />Wastewater Treatment Plant, to investigate alternatives for provision of wastewater
<br />treatment in the North Barrier island area. On May 10, 1994, the Board of County
<br />Commissioners reviewed the evaluation report regarding the North Beach Wastewater
<br />Treatment facility, and approved the option of providing for transmission of the North
<br />Beach sewer flows across the Indian River to the North County Wastewater Treatment
<br />Facility. In September of 1994, the Board of County Commissioners approved the design
<br />of the transmission facilities, and in July of 1996, the Board approved the construction of
<br />the regional repump facility and forcemain, fiom the beach to the mainland. In July of
<br />1997, the BCC approved the Sea Oaks Wastewater Treatment abandonment, and in
<br />October 1997, approved the commencement of a study to provide reclaimed water to the
<br />Barrier Island. On October 30, 1998, the Master Planning Consultant, Brown and
<br />Caldwell, presented, and the Board approved, reuse options for the barrier island from the
<br />unified reclaimed water supply system on the mainland, beginning with a segment to
<br />supply John's Island West golf course. In August of 1998, the BCC approved the
<br />temporary restart of the Sea Oaks Wastewater Treatment Plant, and on January 19, 1999,
<br />the Florida Department of Environmental Protection issued a renewed operations permit
<br />for Sea Oaks Wastewater Treatment Facility.
<br />The SOPOA had expressed an interest in any surplus County property, and on September
<br />27, 1997 addressed the attached letter to the County requesting such. On October 8a', the
<br />County responded by aclmowledging the Sea Oaks resident committee interest, (see
<br />attached), and on December 10, 1998, a meeting was held with County officials to
<br />discuss the limitations of such an arrangement. Throughout the Summer of 1999,
<br />County Staff has been working with the SOPOA to develop a License Agreement for the
<br />use of County property, and has exchanged a number of correspondences. (See attached).
<br />In addition, an environmental use evaluation has been performed by Roland DeBlois,
<br />Chief of Environmental Planning and Code Enforcement, and his opinion is attached. On
<br />Thursday, September 9, 1999, a final site visit was held with the Sea Oaks individuals
<br />who have agreed not to remove any mature vegetation except Brazilian Peppers, which
<br />will be completely and permanently removed from the entire wastewater treatment plant
<br />site. The SOPOA, although not in possession of an equity claim, is the only logical user
<br />of the property, and has expressed an avid interest in the property. The SOPOA has
<br />complied with the Utility concerns of separation, property set-aside for emergency
<br />October 19, 1999
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<br />BOOK � .rL pgE i
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