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Page 2 BCC Public Hearing October 2, 2018 1. The specific parcels of property, or the specific portions thereof, upon which a customary use affirmation is sought; 2. The detailed, specific, and individual use or uses of the parcels of property to which a customary use affirmation is sought; and 3. Each source of evidence that the governmental entity would rely upon to prove a recreational customary use has been ancient, reasonable, without interruption, and free from dispute. The governmental entity is required to provide notice of the public hearing no later than 30 days before the public meeting through certified mail, publication in a newspaper of general circulation in the area where the parcels of property are located, and posting on the governmental entity's website. In addition to conducting the public hearing, the statute also requires that the governmental entity file a Complaint for Declaration of Recreational Customary Use in circuit court in the county in which the properties subject to the notice of intent are located. The governmental entity must file the complaint within 60 days. The governmental entity is required to provide notice of the filing of the complaint in the same manner as was required for the public hearing. Under the statute, the court proceeding is de novo. The court will determine whether the evidence presented demonstrates that the recreational customary use for the use or uses identified in the notice of intent have been ancient, reasonable, without interruption, and free from dispute. There is no presumption in favor of the governmental entity. Since the creation of section 163.035, Florida Statutes, the County has received a complaint from various citizens that an individual who owns a parcel of real property in the Summerplace development has erected a barrier on the beach to prevent public access. In an effort to affirm the existence of a recreational customary use in the area in and around the barrier, Indian River County is holding this public hearing. This public hearing was properly noticed to the public and all interested parties. The following evidence supports Indian River County's position that the area in question should be open and unrestricted to the general public for usual recreational activities: various pictures of from citizens of Indian River County of individuals on the beach in the area at issue; • an advertisement for Summerplace Homes from the 1960's that clearly states all property owners have equal access to the beach in front of Summerplace and the beach is owned by members of Summerplace Improvement Association; • testimony of James Gray, former Coastal Engineer and current Natural Resources Manager for Indian River County, who visits the area at issue once a month and regularly observes people on the beach collecting shells, sunbathing, surfing, exercising, etc.; • testimony from Kendra Cope, Coastal Environmental Specialist for Indian River County, who visits the area at issue approximately six times a year and observes people collecting shells, sunbathing, exercising, cleaning the beach, surfing/skim boarding, etc.; and • email correspondence received from the public about their personal recreational use and enjoyment in the area at issue. C: I Users VegistarUppDota1ocaATemp1BCL Technologies leasyPDF81@BCL@ECOC7E9DI@BCL@ECOC7E9D.doc 196