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HomeMy WebLinkAbout11282007Cf1Y OF 5,~~~ sT- _~,'~W HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 28, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by Mayor Coy. 3. There was a moment of silence. 4. Mayor Coy read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joe Griffin Human Resources Director, Debra Krueger Public Works Director, Jerry Converse Stormwater Superintendent, Tim Walker Police Lieutenant, Greg Witt MIS Systems Analyst, Barbara Brooke 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members At the request of the Mayor, an item was added to Unfinished Business for formal approval to allow Crafters to stay at Riverview Park until 8 pm on December 1, 2007. Regular City Council Meeting November 28, 2007 Page Two 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 07.194 A. Gloria Fennell, Ecumenical Council -Thank You to City for Placement of Food Pantry Box in City Hall Gloria Fennell thanked the City for allowing the Ecumenical Council to put a food box in City Hall, and described the Council's work to feed the needy in the North County from the Roseland Methodist Church, said that numbers of those in need are rising due to lack of work, which requires them to have to purchase food. She described other programs and donations of blankets and toys for children and gave her phone number 589-2636. She said the food pantry is open Monday, Wednesday and Friday from 10 am to 1 pm. 07.003 B. Presentation of Certificate -Employee of the Quarter, AI Fraser Mayor Coy presented a certificate and savings bond to Employee of the Quarter, AI Fraser, who briefly addressed the audience. 07.195 C. Introduction of New Finance Director, Ken Killgore The City Manager introduced the new Finance Director, Ken Killgore, citing his experience in various Florida cities. Mr. Killgore briefly addressed City Council. Brief Announcements Mr. Wolff announced the Chamber of Commerce Light Up Night this Friday. Mr. Neglia announced the Christmas parade on Saturday, December 1 Sc from Main Street to Riverview Park where Santa will meet with children. Mayor Coy reported on her MySafeFloridaHome.com inspection, noting she had saved more than 50% on her homeowners insurance as a result. She encouraged people to go on-line and arrange for a free inspection. She said the inspector is Doug McMillan and his cell number is 913-1557. Mayor Coy said the Salvation Army still needs help with bell ringing at Wal-Mart and you can call Elaine McNeil 473-5167 if you have time. Mayor Coy reported on Indian River Community College classes at the old schoolhouse and said people can contact Katie Nall for more information. Mr. Neglia reported on the Sebastian River Historical Society grand opening this past Tuesday in the old schoolhouse, commended them and urged people to visit. 2 Regular City Council Meeting November 28, 2007 Page Three 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-13 A. Approval of Minutes - 11/14/07 Regular Meeting 07.192 B. Withdrawal of Ordinance No. 0-07-04 Building Height from Consideration in 15 Lieu of New Ordinance No. 0-07-15 Set Out Under New Business (City Attorney Transmittal) No one removed any items. Voice vote on the consent agenda passed 5-0. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Ms. Simchick reported from the Beach and Shore Preservation Committee meeting that the Wabasso beach will begin rebuilding in February and the lifeguard will be moved to either Golden Sands or Treasure Shores beach, she would let Council know which beach is chosen to have the guard; and Phil Matsen from the MPO requested an accident count for U.S. 1 and Jackson Street to address the intersection at the December 12th meeting with the Florida Department of Transportation. 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS -None A. Formal Approval To Allow Crafters To Stay At Riverview Park Until 8 Pm On December 1, 2007 (added during agenda modifications) Mayor Coy briefly explained that some of the Craft Club members had agreed to stay later during the holiday festivities in Riverview Park. Voice vote to allow some crafters to remain in the park until 8 pm on December 1, 2007 rather than 4 pm passed 5-0. 12. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. Fred Mensing, Roseland, provided a letter into the record (see attached), said he was surrounded by City industrial property and was having problem with bamboo being used as a screen by an adjacent property owner whose land is in City limits. He asked Council to make the property owner take out the bamboo and replace it with typical screening, and to direct the City Attorney accordingly. Regular City Council Meeting November 28, 2007 Page Four Mr. Paternoster asked the City Attorney to enlighten them on this issue. The City Attorney said he was aware that Mr. Mensing and his neighbor are at odds and have a dispute, and Mr. Mensing should be suing his neighbor and not the City. He said it would have been foolhardy for him to discuss this with Mr. Mensing because he would then be a witness if the City went to litigation and the City would have to hire another attorney. Ms. Simchick asked who has rights to the 60 ft strip mentioned in the handout. The City Attorney responded it has long been in dispute, and was an issue raised concerning access to the industrial site during its site plan review. Mr. Neglia asked if the City could send a letter of explanation to Mr. Mensing. The City Attorney said he could review what Council received tonight and he will forward a response to Council, who than may forward to Mr. Messing. Mr. Wolff suggested it would be prudent to have some type of form letter for these types of situations where he cannot comment, and the City Attorney agreed this might be a good idea. Mary McGee, 497 Bywood, asked what happened to the dog park, had heard there have been problems, and said she hoped Council will use the money budgeted to continue to create a dog park. Damien Gilliams, 1623 US 1, hoped the new finance director will help reduce the millage rate; said he is still waiting for dock electricity request to go to Planning and Zoning (P&Z); asked Council to watch out for citizens in the Piper deal; hoped everyone had a nice Thanksgiving. 13. NEW BUSINESS 07.196 A. Request from Larry Wapnick, Veterans Administration, for Placement of Interfaith in Action Memorial at Riverview Park Veterans Memorial Dedicated to Four Chaplains Who Went Down with the Dorchester in 1943 (no backup) Larry Wapnick, Veterans Administration, introduced: WWII Veteran, U.S.S. Dorchester Survivor Ernie Heaton, U.S. Army Air Corp. WWII, Korean, Cold War, Vietnam Veteran Ray Sent, U. S. Navy, Reverend with Ministerial Council of Indian River County Vietnam Veteran Jeff Sturgeon Desert Storm Veteran Ardra Rigby and himself, Vietnam Veteran, U.S. Army. 4 Regular City Council Meeting November 28, 2007 Page Five Ernie Heaton reported that a February 3, 2008 service is planned at St. Sebastian Catholic Church to honor the four Chaplains who went down in the Dorchester. He briefly described encountering the chaplains and how they influenced his life, and he would like to have a memorial built for the chaplains, hopefully in the City of Sebastian. He presented a model of the Interfaith in Action memorial to the Chaplains. Mr. Wapnick said Amerigas has offered to supply the gas for an eternal flame within the reflecting pool. He said this memorial would speak to all children, and all nationalities that this belongs to them, that people fought to give them freedom. He said the veterans will raise the funds to build the memorial. Damien Gilliams, 1623 US 1, said this is something the community can get behind and make happen. Reverend Sent, further urged approval of the memorial to present to children what this nation is all about. Each Council Member thanked the veterans for their service and asked for architectural drawings so that staff may begin reviewing the project. The City Manager said he visualized it near the other veterans' memorial, and with Council's direction he will get with Parks and Recreation and Growth Management and bring a report back to Council. Mr. Neglia suggested calling the park Sebastian Riverfront Memorial Park. MOTION by Mr. Neglia and SECOND by Mr. Paternoster to approve the conceptual plan carried on a voice vote of 5-0. Mr. Wapnick thanked all members of Council, and said that Mayor Coy was a dynamic keynote speaker at the November 11th Vero Beach ceremony. Mayor Coy called recess at 8:15 p.m. and reconvened the meeting at 8:29 p.m. All members were present. 07.192 B. First Reading of Ordinance No. 0-07-15 -Deleting Conflicting Definitions of Building 17-20 Height -Set Public Hearing for 12/12/07 (City Attorney Transmittal, 0-07-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-5-22.2 DEFINITION OF TERMS TO DELETE THE DEFINITION OF "BUILDING HEIGHT"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. The City Attorney read Ordinance No. 0-07-15 by title, and explained the effect of the ordinance which would leave building height measurement in the Land Development Code intact and delete the definition out of the glossary. 5 Regular City Council Meeting November 28, 2007 Page Six Damien Gilliams, 1623 US 1, Sebastian, commended Ms. Simchick for looking out for private property rights. MOTION by Mr. Neglia and SECOND by Mr. Wolff, to pass Ordinance No. 0-07-15 on first reading and set public hearing on December 12, 2007. Roll call result was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Passed 5-0. 07.079 C. Resolution No. R-07-46 -Pursuing Measures to Become Green Local Government 21-36 (City Clerk Transmittal, R-07-46, FLC President Letter Green Local Government Standard A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO PURSUE MEASURES TO BECOME A "GREEN LOCAL GOVERNMENT" THROUGH IMPROVED ENVIRONMENTAL PERFORMANCE, USING CRITERIA AND STANDARDS DEVELOPED BY THE FLORIDA GREEN BUILDING COALITION, AND ENCOURAGING THE LEGISLATURE AND GOVERNOR TO SUPPORT THE GREEN LOCAL GOVERNMENT PROGRAM, PROVIDING FOR EFFECTIVE DATE. Ms. Simchick stated this is requested by the Florida League of Cities and that Nancy Wood, Indian River Green Team would assist in seeking donations for the accreditation fee. Peter O'Bryan, Indian River County Commissioner, representing himself as an individual Commissioner urged the City to take measures to become a certified green local government, lead by example and save taxpayers money. Damien Gilliams, 1623 US 1, said he did not agree with the City paying the fee, noted these provisions were not considered when this building was built. Mr. Wolff said he believes accreditation in the U.S. has become a big money making business, not worth the paper it is written on. He said this adds another layer of bureaucracy, hired engineers are expected to build with the best practical possibilities, in his opinion there has not been any cost containment by Indian River County governments, asked what the accreditation really does for the City, and said if the City is really serious we can turn start by turning down the air conditioning and turning off the lights in government buildings. He asked if the City really needs to spend money to be told we are a Tree City, and suggested instead that money be taken to go out and buy trees. Mayor Coy asked if the City pays money to be certified a Tree City 6 Regular City Council Meeting November 28, 2007 Page Seven The City Manager said the City spends a portion according to how many trees are planted. Mayor Coy said sometimes a prod is needed to reach goals. Mr. Neglia asked if there are other alternatives such as looking to the Environmental Protection Agency for templates, put more recycling bins out, including for businesses, encourage more schools to recycle, install solar panels. Mr. Paternoster agreed that the City can be green without the Coalition and explained the accreditation process. He pointed out the many ways to go green. He stated the initial cost and then retrofitting buildings will come from the taxpayers and this coalition has compiled free items and free ideas from other agencies to guide cities for a fee. He said a lot more research should be done and he could not support this at this time. Ms. Simchick said Nancy Wood is willing to come back to the December 12th meeting, and accreditation ensures that you comply on a day-to-day basis. MOTION by Ms. Simchick to defer the resolution to the December 12, 2007 agenda for presentation by the Indian River Green Team. Mr. Neglia said he agreed with Mr. Paternoster and would like to see someone from Florida Green Building Coalition, and have Margie Reynolds report on EPA ideas at the meeting. Mayor Coy seconded the motion Mr. Paternoster said he did not want anymore information but would have liked it tonight. He said at this time he did not need anymore to make his decision, pointed out that we pay Mr. Minner to ensure accountability. He read from the resolution and said the "Green Local Government Standard" has not been supplied or explained by anyone. He agreed that our Environmental Planner should come before us with information about the EPA. Mayor Coy asked Mr. Paternoster if the police department has to be accredited, pointed out she has to be accredited as a teacher and Mr. Wolff is accredited as a realtor. She said they would be remiss if they did not listen to whole story and it was wrong for Mr. Paternoster to have made up his mind without all the information. Mr. Paternoster called for a point of order stating the Mayor should not tell him that his decision is wrong and he pointed out there is a professional planner. He suggested putting it to a vote now and see who wants to go along with this resolution, not bring it back. Mr. Wolff said he appreciated people using their experience as a point of reference. He said to use the police or fire department as a source of reference is out of line, this is a 7 Regular City Council Meeting November 28, 2007 Page Eight business proposal to make an industry out of something that already exists, the free market does not work by motivating people by punishment and reward. He pointed this company gathers up publicly funded information, guards it and then tells governments if they are in compliance. He recommended using common sense and really cut down and not buy into a good feeling. He said this is nonsense and we should not let this drive a wedge in the Council members while doing the City's business. Mr. Gilliams applauded and Mayor Coy gave him a second warning. She then told him good night. Roll call result was as follows: Ayes: Simchick, Coy Nays: Paternoster, Wolff, Neglia Failed 2-3 14. CITY ATTORNEY MATTERS 07.105 A. Direction Regarding Fellsmere Litigation If Needed (Backup To Be Provided Under Separate Cover) No action necessary at this time Other Matters The City Attorney discussed current transient boat slip parking requirements, noting that the parking requirements for marinas in their entirety may need review, and requested direction to place this on the next Planning and Zoning meeting agenda for them to consider whether amendments to parking requirements for marinas might be appropriate. Mr. Wolff agreed because the Riverfront has its own characteristics. Mayor Coy agreed but asked that the City be careful of live aboards, which might be derelict and non- navigable. Discussion took place on the need for pump out facilities It was the consensus of Council for him to proceed. 15. CITY MANAGER MATTERS The City Manager said in regard to the dog park, he had asked Public Works to start surveying, and it was discovered that a portion where the parking lot was to be, was not owned by the City. He said he found this out six weeks ago and there were discussions with the adjacent property owner, Dr. Fischer who was not interested in a shared entrance. He said the stormwater park and airport are good alternatives, but we do not know where the Collier sludge will go, but had found out it may be able to go to the airport. 8 Regular City Council Meeting November 28, 2007 Page Nine He clarified for Mr. Paternoster that the City does not own a portion of the property on Schumann, and Mr. Paternoster asked how that happened. The City Manager said City crews have been maintaining it for years and believed it was City property. Mr. Paternoster said it is embarrassing now to have to tell people that the City doesn't own it. The City Manager said it would not have been cost efficient to do the survey on the front side. Mr. Paternoster asked the City Manager to be careful in identifying City property for possible land swap proposals. 16. CITY CLERK MATTERS -None. 17. CITY COUNCIL MATTERS A. Mr. Wolff -None. B. Manor Coy -None C. Mr. Neglia Suggested that groups of businesses form an association and come before Council to bring their problems they might be having; and said the City is still collecting food for the Ecumenical Council. D. Mr. Paternoster Asked how the overgrown lots ordinance is doing; and the City Attorney said it is still with Fish and Wildlife but he will check on its status; said he had heard complaints about Waste Management throwing cans in the swales and in the streets; said the press had quoted the City Manager as saying Council was receptive to a new trash pickup proposal and did not remember Council saying that. The City Manager said when Waste Management was at a June Council meeting with George Geletko, he discussed new pilot programs, out to 2010-2013 time frame that maybe Sebastian would be interested in participating. Mr. Paternoster said vegetation is hiding some of the sign regulations at the Sebastian Yacht Club boat ramp and people are inconsiderate of others, and asked if a new sign can be posted closer to the ramp with at least some of the regulations. Mr. Paternoster asked about the finger docks and the City Manager said the Public Works Department is still working on the permits and as soon as they are in hand, the City plans to build the finger pier. 9 Regular City Council Meeting November 28, 2007 Page Ten Mr. Paternoster told the Airport Director he had messages that Flight Safety planes are still flying over resident homes and he appreciates his continuing efforts to have them change their flight patterns. E. Ms. Simchick Stated people in the audience are having trouble hearing Mr. Stringer and Mr. Minner down on the floor; discussed the Wild Turkey mine application for permit which concerns citizen quality of life, currently there is no application with Sebastian Water District that regulates the ditch or with St. Johns River Water Management District, the project may go before County P&Z on December 13, wanted to bring it to Council's attention. She asked that this item be on the December 12th agenda, though by then it may not be an issue. She said she will have as much information that she can. She said she has respectfully disagreed with others' issues and asked that members respect each other even if they disagree. 18. Being no further business, Mayor Coy adjourned the Regular Meeting at 10:13 p.m. Approved at the December 12, 2007 Regular City Council Meeting. Andrea Coy, Mayor ~__ ATTErS-fi .,~ i-'' Sally A. Maio, M C -City Clerk 10 ,~~ N~r~. 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Collins II, CouuryAttorney ~q~'~;. ~ ~~ Malian E. Fell, tlssistant County Attorney ~ ~ ~ ~ William K. DeBraal, Depu!_y CountvAttorney George A. Glenn, Assistan[ Count- Attorney ~~ October 8, 2007 Mr. Fred IVi;;nsing 7580 129th Street Sebastian, FL 32958-3623 Re: Certain strip of land in area of Roseland, Indian River Caur~ty, i=loricia Dear Mr. ~~cnsing: In regard to your request for information: 1. Both the settlement of the lawsuit between your family and Indian River County (19th Circuit Court Case No. 2002-0445-CA-09 as recorded in O.R. Book 1655, Page 1689) and the Quit-Clairrr Deed (recorded in O.R. Book 1662, Page 1982) partially implementing that settlement expressly lessed out a 60-foot strip of land bounded b~~~ Lots 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of Secticr; 30 of the Fleming Grant Subdivision. Thus, Indian River County did not take title to that 60-foot strip. 2. Indian River County has been uncertain as to the existence of this strip of land, thus has never laid claim to it. (See attaci~ed Letter dated October 22, 2001 from Eric Barkett, Esq. to Indian River County Property Appraiser David Nolte.) ~~ ~3 1 1~~1 27~~' Su-eet, Vero Beach, Florida 32960 • (772) 226-1424• Fay (772) 569-4317 ircariorncy a ircgcw,com Mr. Fred Mc~-~sing October 8, :%p07 Page Two 3• Third party claims to this strip may exist in favor of abutting property owners in the nature of an implied easement 'for access to abutting properties. Yours truly, Cv Y ~ `~ /~~ C/ ~ . L ~~ William G. Collins II County Attorney WGC/nhm attachment: October 22, 2001 letter cc: James Harpring, Esq. Eric Barkett, Esq: David Nolte -Property Appraiser ~ i ~ ~> -~ ~