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Assistant County Attorney Terry O'Brien announced that the discussion item would <br />proceed with Mr. O'Haire's presentation of his case; Public Works Director Jim Davis' <br />presentation of the County's case; W. O'Haire's opportunity for rebuttal and cross- <br />examination; the County's counsel's summarization; and then Mr. O'Haire's summarization. <br />County Attorney Vitunac administered the oath to all who wished to give testimony <br />and requested that they acknowledge that they had been sworn when preparing to speak. <br />Attorney Michael O'Haire, representing the appellant, noted that this is an appeal <br />to the Board from staff's decision on the construction of the bridge. He submitted as a part <br />of the record an affidavit from Ron DeGrazia. <br />Mr. O'Haire continued that, at the time the bridge was constructed, it was built under <br />authority from all permitting authorities except the Coast Guard. Evidently no County <br />employee noticed any boats at any of the docks before the bridge was built. However, <br />common sense should have alerted them to question whether the owners of the docks had <br />boats. The Indian River has vast stretches which are not navigable by power boats. The <br />bridge's clearance at the pass-through is 5.5 feet. All the homeowners had boats with <br />superstructures in excess of 5.5 feet and used the waterway before the bridge was built. The <br />bridge is obstructing the only way to get to the intracoastal and the inlet. Riparian rights <br />include the right to access your property and the Board must decide whether they have the <br />right to take such private rights of access away. He stated that the County should <br />compensate the owners in the amount of $50,000 to $100,000 per property and noted that <br />the compensation matter was for another forum. He suggested that the County should raise <br />or eliminate the bridge or dredge a channel. He believed that the permits to build the bridge <br />were issued without public notice or hearing and that the Coast Guard was only advised of <br />construction after the bridge was built. The County then audited boat traffic on a Tuesday <br />DECEMBER 14, 1999 <br />-65- DOOK h! EBUR 64 <br />