05/22/2018 (2) - Laserfiche WebLink

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Whereas, the County leased large track vehicles and other specialized equipment to conduct the work using its own employees and hired extra employees to further the progress of the work; and Whereas, the County had to secure natural vegetation that would stabilize the newly constructed beach berms and to procure contractors to install the vegetation; and Whereas, the pursuit of this unprecedented community effort required intergovernmental coordination among Flagler's municipalities and the State, and the full cooperation of the beachfront residents and businesses, as well as support from citizens and businesses generally; and Whereas, the enormity of the permitting hurdles, the engineering and procurement challenges, and the need to construct an integrated project without gaps or openings along the coastline placed the project outside of the capability of any private owner or association of owners; and Whereas, beachfront property owners substantially supported the project and wanted the County to master plan and perform the work; and Whereas, Flagler County's general public and taxpayers supported the expenditure of public funds and resources to perform the project because it would provide a beach that the public could continue to use for recreational purposes; and Whereas, Flagler County pursued the project and applied its public resources to the entirety of the beach, from County line to County line, on the basis that the work would primarily benefit the public by restoring the beach for their recreational use; and Whereas, some of the properties that received the benefits of the project were privately owned parcels extending onto the dry sandy portion of the beach; and Whereas, it was never the intention of the County or its citizens to confer a primary private benefit though its public investments without the ability to continue the public's customary right to use the beaches for recreation and enjoyment; and Whereas, the passage of Florida Chapter 2018-94 creates severe hurdles to Flagler County's ability to apply public resources presently and in the future to that portion of its. beaches which are private property; and Whereas, the County's intent in recognizing the customary use of the beaches within the County is not only to preserve the status quo in regards to public access and use, but also to ensure the present and future ability to expend public resources on beachfront property that may be privately owned by deed or other instrument from the Page 3 of 11 200