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Commissioner Solari applauded the County Attorney's presentation to the City, and felt <br />that the proposed agreement with the "whereas" clauses will be fine. He did, however, want <br />staff to discuss the proposed agreement with South Beach residents before the Board takes its <br />final vote. <br />Vice Chairman Davis noted that the main consideration is to lock in the County's utility <br />rates for those residents of the unincorporated County who currently pay City rates. He also <br />commended the entire County Attorney's office on their work. <br />Chairman O'Bryan requested an additional "whereas" clause stating that regardless of <br />who owns it, some of the utility equipment sits in County -owned right-of-way. <br />Following discussion on Chairman O'Bryan's suggestion to change the franchise term in <br />the proposed agreement from 15 to10 years, it was the Board consensus to leave the term at <br />fifteen years. <br />ON MOTION by Commissioner Solari, SECONDED by <br />Commissioner Flescher, the Board unanimously directed <br />the County Attorney to discuss with South Beach <br />residents, the proposed water, wastewater, and reuse water <br />franchise agreement with the City of Vero Beach (the <br />City) before negotiating a franchise agreement with the <br />City that is similar to the water, wastewater, and reuse <br />water franchise agreement between the City and the Town <br />of Indian River Shores, with the caveat that Indian River <br />County's franchise agreement with the City should include <br />"whereas" clauses: (1) that certain equipment is situated in <br />County -owned right-of-way; and (2) that acknowledges <br />that neither party is waiving its rights to their respective <br />positions with regards to ownership of the utility facilities <br />February 11, 2014 15 <br />