5/20/1997 - Laserfiche WebLink

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Richard Bogosian gave a brief overview of the history of the subdivision and stated that in 1955 the plats had been dedicated to the County. He felt that the owners of property on the canals are paying much higher taxes for their waterfront property without -being able to use the canals for navigation He also believed that, lef -untreated, the canals will become more polluted and pose a health hazard. Mr. Bogoshm stated that the County had maintained the canals about 20 years ago and he believes the County should resume maintenance of these canals. Mr. Bogosian believed there are appellate court cases which support his contention that the County is responsible for the maintenance of these canals. Public Works Director Tim Davis explained that the County would have to clear land and remove landscaping to get to the canals in order to dredge them with a dragline. The canals would more properly be the province of Indian River Farms Water Control District as the mouth of the two canals in question lies within IRFWCD's main relief canal right-of-way. Director Davis expressed his concern that, should the County attempt the maintenance of these canals, a precedent would be set for other subdivisions, such as Vero Shores and Hobart's Landing, County Attorney Charles Vitunac advised that, as far as is known, no dedication of these roads was ever accepted by the County. However, even if such an acceptance of dedication were proven, the County could still abandon them, as this is strictly a policy decision Commissioner Adams commented that waterfront property is always charged a higher ad valorem tax, even if there is just a view of the water. She did not believe this is a County problem, but rather an MFWCD responsibility. Commissioner Adams did offer the assistance of County staff in the permitting process should the residents decide to attempt a cleanup themselves. Director Davis stated that the plat does not include the 300 -foot canal right-of-way. This is 1RFWCD land and their procedures do not include the maintenance of tributaries. 1VIr. Bogosian then requested that:the.County abandon any right-of-way m order that the property owners might retain the right-of-way as a private ownership. Director Davis stated that the County could abandon the right-of-way while retaining a drainage easement. 1VIr. Bogosian then questioned why Calcutta Drive residents were being charged $100 to use their docks and why the County requires them to obtain liability insurance. MAY 20, 1997 62 M