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Board of County Commissioners Meeting Minutes - Final May 10, 2022 <br />license would be offered to the next person on the waiting list. County Attorney <br />Reingold responded to Vice Chairman Earman that Code Enforcement would <br />continue to monitor the other obligations listed in the license agreement. <br />Chairman O'Bryan opened the floor for discussion. <br />Ryan Bass thanked the Board for addressing the docks and discussed the liability <br />for the County with the number of docks in disrepair. He struggled to understand <br />the idea of County's assets adding property value to private property. <br />Bo Nestor questioned what information the Board used to base the significant <br />increase in the annual fees, and told of the number of docks falling apart. <br />A motion was made by Vice Chairman Earman, seconded by Commissioner Flescher, <br />to approve 1) the County Attorney to continue to work with the two responsive <br />owners to get their docks into compliance; 2) a thirty days' notice to the <br />non-responsive owner, then termination; 3) increase the annual license fee from $100 <br />to $2,000 per year, for any new license agreements; 4) implement a one-time dock <br />license transfer fee of $5,000; 5) amend the license agreements to include: a) a <br />licensee's dock in non-compliance from neglect would have 60 days to come into <br />compliance before termination; however, additional time would be extended due to a <br />force majeure event; and b) provisions relating to the removal of the docks, five-year <br />inspections, and termination for unpermitted work; 6) any terminated docks would <br />no longer be tied to a property, but instead would go to the next person on the <br />waiting list. The motion carried by the following vote: <br />Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner <br />Flescher, and Commissioner Moss <br />13.D. 22-0368 Settlement of Lease Interest for Parcel 127 Tenant Amanda Tongay d/b/a Empire <br />Equine - 7905 66th Avenue <br />Recommended Action: Staff recommends that the Board approve the proposed settlement of all claims and <br />costs of Amanda Tongay d/b/a Empire Equine in this law suit in the amount of <br />$15,000 and authorize outside counsel to proceed with preparation and execution of <br />the necessary court documents needed to settle the case and conclude the law suit. <br />Attachments: Staff Report <br />Parcel 127 Sketch and Legal Description <br />Deputy County Attorney William DeBraal presented the settlement of lease interest <br />for parcel 127 explaining the County purchased the property in July 2021, at which <br />time tenant Amanda Tongay occupied the property. He explained the County <br />needed to extinguish Ms. Tongay's lease -hold interest on the property, but only on a <br />portion that was purchased as right-of-way. According to eminent domain statutes, <br />tenants were entitled to notice and the opportunity to present a claim for potential <br />damages, including business damages. He discussed the County's responsibility <br />under eminent domain law and stated the County has been in contact with Ms. <br />Tongay and Empire Equine's Counsel Mickey Barkett of Barkett Law, P.A. and <br />Indian River County Florida Page 16 <br />