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I Larry Barkett, attorney for the applicant, complimented Director Keating on his beautiful presentation. He responded to Commissioner Macht's inquiry about the pending lawsuit by stating that the County filed an Answer stating that they had not pursued an adequate remedy before filing the lawsuit; they are seeking a declaratory judgment as to ownership. They were now before the Board; if they lose, they will continue with the lawsuit. He brought up that Roseland Community Park, which has a large area to access the river, is in near proximity (180' NE) to the subject property. He felt, therefore, that the public's access to the river would not be denied if the Board decided to give up the right-of- way. Also, since 1911, he claimed that neither the County nor the public has used the property and no one has claimed ownership of it. He pointed out it was a legal question unless the Board eliminates it. The client's position was that the abutting owners own the property because the County has never used it nor accepted it and the County does not plan to use it. He advised that Mr. and Mrs. Driver were present should there be any questions regarding the use of the property. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Don Perrin, 7930 129` Street, Sebastian, believed that the developer intended for people to use the rights-of-way for access to the river. He thought there were other people present who would tell the Board that they used it regularly for launching their canoes into the river. Steven Phelps lives in Vero Beach but owns Lots 5 and 6 on 128` Court, two lots back of the subject right-of-way, which he considered to be a public access. He had a copy of the original plat showing the streets and agreed with the previous speaker that the "Sebastian Bar", which it is called in the plat, was the jewel of Roseland. He stated that the August 1, 2000 48 K114PG388