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BOOK 103 FADE S58 7. U. TURNER BUILDERS OF VERO BEACH T& DRACAETT "A ERSAND SUBDIVISION) - INDIANRIVER COUNTY THIRD PARTYDEFENDANT - APPOINT COMMUNITYDEVELOPMENTDlRECTOR BOB KEATING AS REPRESENTATIVE TO MEDIATION The Board reviewed a Memorandum of March 3021999: TO: The Board of County Commissioners FROM: tA,& William G. Collins II - Deputy County Attorney DATE: March 30, 1999 SUBJECT: Appointment of a Representative to Mediation An ongoing civil dispute has been pending between Turner Builders of Vero Beach, Inc. and Barry S. Drackett (191 Circuit Civil Case No. 94-0182 CA -09). The case involves a disputed property boundary in the Ambersand Subdivision on the north barrier island. The predecessor in title to both Turner and Drackett applied for and obtained a building permit for a structure on the common lot line between the two properties. Subsequently, Turner applied for and obtained a building permit and then filed a complaint with Code Enforcement with respect to Drackett's encroachment onto the Turner lot. The parties filed civil suit taking the matter out of the jurisdiction of the Code Enforcement Board. The parties have been ordered to mediation and apparently have come to an agreement to adjust their common property line. Even with the boundary line adjustment, the structures would be less than 20 feet and more 19 feet apart. The side setback line in their zoning district is 10 feet They have requested a de minimus variance for 0.5 feet or less which has not been granted. The parties recently named Indian River County as a third -party defendant because of their inability to come to an agreement among themselves which would be satisfactory to the Community Development Department The parties have named Indian River County into the lawsuit and are requesting mediation as an alternative to trial. Florida Rules of Civil Procedure regarding mediation require a public entity to appear at mediation conference by the physical presence of a representative with full authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. RECOMMENDATION: Authorize Robert Keating, as representative of the County Commission with full authority to negotiate and to recommend settlement back to the Board of County Commissioners. A representative of the County Attorney's Office will attend the mediation as counsel of record. APRIL 69 1999 0 -50- s