Laserfiche WebLink
Page 3 <br />BCC Public Hearing <br />October 2, 2018 <br />FINDING! <br />If the Board moves forward with the process of affirming the existence of a recreational customary use on <br />private property under section 163.035, Florida Statutes, in order to reduce costs, the County Attorney's <br />Office will handle the required litigation in-house. Funding is budgeted and available to cover expenses <br />such as recording fees in the General Fund/County Attorney/Recording Fees account. However, it may be <br />necessary for the County Attorney's Office to hire experts for such litigation. The County Attorney's <br />Office may need up to $30,000 for such experts. The funding for the litigation would come from General <br />Fund Reserves. <br />RECOMMENDATION: <br />Staff recommends that the Indian River County Board of County Commissioners open the public hearing, <br />take evidence as to the customary use of the beach, close the public hearing and adopt a formal notice of <br />intent to affirm the existence of a recreational customary use in the area at issue. Staff also recommends <br />that the Indian River County Board of County Commissioners direct the County Attorney's Office to file a <br />Complaint for Declaration of Recreational Customary Use in circuit court, and direct the County <br />Attorney's Office to notify all interested parties of the Complaint for Declaration of Recreational <br />Customary Use. <br />ATTACHMENT <br />Draft Formal Notice of Intent <br />APPROVED AGENDA ITEM FOR: OCTOBER 2.2018 <br />C: I Users VegistarWppDatalLocah Temp IBCL TechnologiesleasyPDF 81@BCL@ECOC7E9DI@BCL@ECOC7E9D.doc <br />197 <br />