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Removal or reconstruction of the bridge was requested by Mr. O'Haire. The Director of Public Works denied this request and Mr. O'Haire appealed this decision to the County Administrator pursuant to Section 100.06.1, Indian River County Co-& The County Administrator upheld the decision of the Director of Public Works. Mr. O'Haire, pursuant to Section 101.06.2 IRC Code has filed his appeal with the Board of County Commissioners. The proceeding before you will be a de novo proceeding rather than a review of the previous record. However, Mr. O'Haire has requested that much of the information already developed be included in the appeal packet. Under appellate procedures Mr. O'Haire as the Appellant will open and close. TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Worksto SUBJECT: Round Island Park Bridge to No Name Island - Appeal of Bridge Height REFERENCE: Michael O'Haire to Board of County Commissioners dated Oct. 12, 1999 DATE: December 7, 1999 DESCRIPTION AND CONDITIONS In early October, 1999, Michael O'Haire, representing property owners north ofRound Island Park along the Indian River, appealed to the County Administrator the Public Works Director's decision that the Round Island Park foot bridge constructed in the spring of 1997 was properly permitted to accommodate reasonable navigation in the south county area of the Indian River Lagoon and that it should not be raised from 6' 8" vertical clearance to 10' vertical clearance due to alleged motor craft use in the area The County Administrator conducted an appeal hearing on Sept. 10, 1999, and denied the appeal as documented in the attached Sept 28, 1999 letter from James Chandler to Michael O'Haire. On October 12,1999, Mr. O'Haire appealed the County Administrator's decision to the Board of County Commissioners by submitting the attached Oct 12, 1999 letter to the Board of County Commissioners. The previous staff appeal response addressed Mr. O'Haire's past concerns. Due to additional information, staff offers the following analysis: ,ALTERNA-11-M AND ANALYSIS Staff offers the following additional response to Mr. O'Haire's most recent Oct 12, 1999 appeal letter addressed to the board: 1. Mr. O'Haire submitted a map prepared by property owner Harold Olsen which shows "in blue the navigational channel to the Intracoastal WaterwayaCWW) from the docks belonging to Mr. Olsen and his neighbor's easterly of No Name Island " Mr. Olsen previously was of the opinion that a channel was dredged and marked by the Corps of Engineers. Mr. Olsen states that this is a "navigable waterway. " Past aerial photos and County records show that around 1967 the ICW W was dredged and the islands were created DECEMBER 14, 1999 -57- BOOK . F -,un .