HomeMy WebLinkAbout1968-06740
RESOLUTION NO. 68-�:Z
WHEREAS, this Board of County Commissioners of Indian River
IICounty, Florida, did upon its own initiative after due notice, public hearing
and careful consideration of all factors involved with a view t6 the protection
of the public interest, on January 21, 1958, September 6, 1962 and June 22,
1964, adopt resolutions locating, fixing and establishing a bulkhead line
adjacent to or offshore from existing lands or islands bordering on or being
in the navigable tidal waters of the county, as defined in Section 253.12,
Flori da Statutes, which said lines were formally approved by the Trustees of
the Internal Improvement Fund of the State of Florida; and,
WHEREAS, the Trustees of the Internal Improvement Fund did on
II September 17, 1968; adopt a philosophy from the report of the Interagency
Advisory Committee of the Trustees and the Trustees did thereafter recom-
mend that the Board of County Commissioners and the municipal officials in
the State of Florida having initial authority with regard to establishing bulk-
head lines use the report of the Interagency Advisory Committee and the
criteria set forth in the Trustees Administrative Rule No. 200-2.02, "Bulk-
head Line Criteria" as amended by the Trustees on May 7, 1968, as guides in
reviewing existing bulkhead lines and establishing new bulkhead lines within
their jurisdiction; and,
WHEREAS, this Board of County Commissioners did announce at
its meeting on November 20, 1968, that it would hold a public hearing for the
Purpose of complying with the recommendation of the Trustees of the Internal
improvement Fund and did invite the municipal officials of Indian River County
to participate with this Board in this public hearing which has been held; Now,
therefore,
The Board of County Commissioners of Indian River County,
Florida, resolves:
1. That pursuant to the recommendation of the Trustees of the
Internal Improvement Fund of the State of Florida, this Board has held a
hearing, heard all those appearing interested in the subject and reviewed all
ith, Heath, Smith & O'Haire, Attorneys At Law, P. O.'Box 518, Vero Beach, Florida 32960
2. With respect to the areas described in subparagraphs (a) and
of Paragraph 1 above, this Board does recommend that the Trustees of the
Improvement Fund of the State of Florida offer to accept a conveyance
the upland owners of the previously purchased submerged lands by paying
-2-
Smith, Heath, Smith & O'Haire, Attorneys At law, P. O. Box 518, Vero Beach, Florida 32960
of the existing bulkhead lines as have heretofore been established as above
set forth and does herewith find and determine that all of the bulkhead lines
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so established are in accordance with the bulkhead line criteria adopted by the
Trustees of the Internal Improvement Fund of the State of Florida and are
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adequate and proper to protect the public interest and the adjacent or nearby
upland owners' property and the general economy of the county with the follow-
ing exceptions:
(a) The bulkhead line change made by the Resolution of this
Board adopted September 6, 1962, affecting the area of this County in Sections
28 and 33, Township 30 South, Range 39 East, is, in the judgment and opinion
of this Board, established too far offshore. Unique problems are presented in
this area because of the location of State Road AlA in this vicinity, a part of
which is offshore. For some time now this Board has endeavored to adjust
this situation by seeking cooperation of the Trustees of the Internal Improve-
ment Fund and the upland owners who have purchased the submerged lands to
the bulkhead line. This Board intends to pursue its efforts in this regard and
has received an offer of one of the upland owners, Robert P. McLarty, to
convey the submerged lands so purchased in exchange for reimbursement of
his actual costs.
(b) The area of this county on the West shore of the Indian River
located North of the City of Sebastian and on the South shore of the Sebastian
River. While the bulkhead line in this area is not located nearly so far off-
shore as the bulkhead line in (a) above, nevertheless it is and has been the
view of this Board that this bulkhead line should be located on or near the
shore but here, again, many property owners have purchased the submerged
lands out to the bulkhead line and this Board has not been able to resolve that
2. With respect to the areas described in subparagraphs (a) and
of Paragraph 1 above, this Board does recommend that the Trustees of the
Improvement Fund of the State of Florida offer to accept a conveyance
the upland owners of the previously purchased submerged lands by paying
-2-
Smith, Heath, Smith & O'Haire, Attorneys At law, P. O. Box 518, Vero Beach, Florida 32960
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the upland owners' costs of obtaining these submerged lands and that then the
® II bulkhead line be reestablished. In the interim, no sales of submerged lands
in these areas should be made by the Trustees. If the Trustees persist in
their present view that they are without legal authority to purchase the pre-
viously sold submerged lands, then this Board recommends that the Trustees
seek such legal authority in the next session of the Florida Legislature.
3. That this Board has heretofore established a comprehensive
procedure for making application for any change in the existing bulkhead line
or lines heretofore established and for permits to construct islands or to add
to or extend existing lands or islands located in the unincorporated areas of
the county bordering on or being in the navigable waters by its Resolution No.
.' 1168-16 and that this Board is of the opinion that these procedures so established
will result in an orderly processing of such applications and will permit con-
sideration of each application on its merits in accordance with established
11 criteria to permit orderly and proper use of uplands and the protection of the
interest of the public in the navigable waters.
4. That this Board does herewith recommend to the Trustees of
the Internal Improvement Fund that it remove any so-called moratorium on
any applications for changes in existing bulkhead lines or applications for
purchase of submerged lands or for applications for fill permits in all of the
of Indian River County except those,mentioned in subparagraphs (a) and
(b) of Paragraph 1 hereof, and that it consider any such applications in the
light of the criteria which it has adopted after consideration and recommenda-
tions of the officials of the municipality as to areas within any municipality
or of this Board as to areas mot within any incorporated municipality.
5. That a certified copy of this Resolution be furnished to the
of the Internal Improvement Fund of the State of Florida, the City of
ero Beach, the Town of Indian River Shores, the Town of Orchid, the City of I
,-bastian and the Honorable Charles E. Davis, Jr., member of the House of
of the State of Florida.
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mith, Hoath, Smith & O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960