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Board of County Commissioners Meeting Minutes-Final October 2,2018 Award for the Fiscal Year 2017 Comprehensive Annual Finance Report(CAFR); and 2)the Outstanding Achievement Award for Popular Annual Financial Reporting PAFR)for the Fiscal Year 2017 PAFR. Mr. Smith mentioned that this is the 35th consecutive year that the County has earned the Excellence in Reporting Award on the CAFR, and the third successive year that the County has earned the Outstanding Financial Achievement Award for the PAFR(a new report). He thanked the Finance Director Elissa Nagy, Senior Accountant Raeanne Cone, StaffAccouintant Michelle King, and Finance and County Budget staff for their work on the reports,and recognized the positive working relationship between the County Administrator and Clerk's offices; County Attorney Dylan Reingold thanked Mr. Smith for helping to foster the great working relationship between County and Clerk of Court staff. Chairman O'Bryan commented favorably on the PAFR. 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. 18-2358 Notice of Intent to Affirm the Existence of a Recreational Customary Use on Private Property (Legislative). RecoinmendedAction: Staff recommends that the Indian River County Board of County Commissioners open the public hearing,take evidence as to the customary use of the beach, close the public hearing and adopt a formal notice of intent to affirm the existence of a recreational customary use in the area at issue. Staff also recommends that the Indian River County Board of County Commissioners direct the County Attorney's Office to file a Complaint for Declaration of Recreational Customary Use in circuit court, and direct the .. County Attorney's Office to notify all interested parties of the Complaint for Declaration.of Recreational Customary Use. Attachments: Staff Report Draft Formal Notice of Intent PROOF OF:PUBLICATION IS ON FILE.IN THE OFFICE OF THE CLERK TO THE BOARD County Attorney Dylan•Reingold provided background on the Customary.Use Doctrine,wherein the Florida courts recognize the public's right,through custom,to access dry sand areas of privately owned portions of a beach. Florida Statutes Section 163.035 establishes a process for a governmental entity to adopt a formal Notice of Intent to Affirm the Existence of a Recreational Customary Use(the Notice) on private property. If the Board decidesto adopt the Notice,the County must also file a Complaint for Declaration of Recreational Customary Use in Circuit Court. Indian River County Florida Page 10