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Board of County Commissioners Meeting Minutes - Final May 10, 2022 Calcutta Drive under various ownership scenarios: two (2) docks were grandfathered; one (1) under indemnity certificate; and seventeen (17) with license agreements. He added that three (3) of the docks with license agreements were in disrepair, and he was currently communicating with two of the owners; there had been no response from the third owner. County Attorney Reingold pointed out that current agreements allowed the dock license to be transferred upon the sale of the home to the purchaser of the home. He suggested changing the transfer policy so that upon the home's sale, the license would be transferred to a homeowner on the wait list for dock space, thus opening opportunities to more residents. The County Attorney's Office also recommended the Board increase the annual license fee from $100 to $2,000 per year, and implement a one-time dock license transfer fee of $5,000 to help provide resources to administer, monitor, and maintain the docks. Additional recommendations included updating the agreements as they turned over to reflect the new fees, as well as additional provisions for removal, five-year inspections, and termination of dock licenses for unpermitted work. Commissioner Moss received confirmation from County Attorney Reingold that there were 14 individuals on the waiting list for dock space, with the longest going back to the year 2005. A discussion followed on the ownership of the docks with Attorney Reingold pointing out the County owned the road and the riparian rights associated with the road. His goal was to bring the owners of the docks into the license agreements through termination or violations. Attorney Reingold, in response to a question by Chairman O'Bryan, confirmed the County currently owned one of the docks and it would be used to fulfill the waiting list. He noted that the proposed agreement changes meant that if an individual were to sell his or her property, the dock's license agreement would be terminated and rights to the dock would then be offered to the next person on the waiting list. Chairman O'Bryan referred to the three docks currently in disrepair and opined allowing additional time to the two responsive owners as long as they were demonstrating progress, and thirty days (30) to the non-responsive owner. He said going forward there should be flexibility for repair of the docks after a major event; County Attorney Reingold stated he could add a force majeure clause to the license agreement. Chairman O'Bryan supported adding 60 days to get into compliance for general neglect of a dock, the annual license fee of $2,000, and the $5,000 transfer fee. The Chairman clarified for Commissioner Moss that currently a homeowner with a license agreement who sells his house gives the buyer 90 days to sign their own license agreement in order to keep the dock with the house. However, under the proposed revisions to the license agreement, if an owner sells his home, the dock Indian River County Florida Page 15