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Al 2 o? <br />190 <br />BOOK <br />77 <br />F,1GE 21 <br />Attorney Doty <br />noted that while Attorney Collins <br />may be <br />correct in his analysis, he also could be wrong. He stressed <br />that he felt he has raised some rather substantial issues and <br />believed deferring this decision today is still a good idea. <br />Attorney Doty next wished to talk about their position on <br />the recommendations they have made. He referred to his memo to <br />the P6Z dated June 8, 1989, Page 26 of the backup, and to his <br />letter of June 20th to Chief Planner Stan Boling, which is as <br />follows: <br />ROBIN A. BLANTON <br />STEVE l.. HENDERSON <br />THOMAS A. KOVAL <br />CLINTON W. LANIER <br />ROBIN A. LLOYD. SR. <br />GEORGE H. MOSS <br />EVERETT J. VAN GAASBECK <br />Moss, HENDERSON & LLOYD. P.A. <br />ATTORNEYS AND COUNSELORS <br />817 BEACHLAND BOULEVARD <br />P.O. BOX 3406 ((�� <br />VERO BEACH. FLORIDA 32964.3406��'��i.72o /4eoa <br />(407) 231.1900 <br />GROUP 3 FAX PHONE <br />4072314387 <br />Mr. Stan Boling 1 <br />Chief, Current Development <br />Indian River County Administration Building <br />1840 = 25th Street <br />Vero Beach, FL 32960 <br />Re: Jungle Trail <br />Dear Stan: <br />i <br />J�/U��rui 198% <br />COMIAMM <br />DOW -0-09M <br />H.R. BRENNAN <br />OLIVIA DEVONMILLE <br />KEVIN S. DOTY <br />DONALD E.FEUERBACH <br />ELIZABETH A. JACKSON <br />FRED L. KRETSCHMER. JR. <br />�RLA S. MATTHEWS <br />SAN A VASSINDER <br />OF COUNSEL <br />.LIAM G. HALL. JR. <br />June 20, 1989 <br />In accordance with our meeting Wednesday afternoon, June 14, I am enclos- <br />ing for your review the Historial Society's comments relative to the <br />realignment of Jungle Trail. Please keep in mind that the Historial <br />'Society*- submits these recommendations as An'alternative position. The <br />Historial Society's first and foremost position remains that the realign- <br />ment cannot be accomplished using the present procedure; i.e., that a comp <br />plan amendment is necessary. Additionally, any realignment will adversely <br />impact if not destroy historial integrity and is contrary to the 1982 Comp <br />Plan, the 1985 Ordinance, and the 1989 Management Plan. With that in <br />mind, the following recommendations are submitted in hopes that they will <br />buttress and enhance your recommendations to -further mitigate any adverse <br />impact caused by the realignment. . <br />In elaborating on the following recommendations, I will attempt to refer- <br />ence your recommendations as contained in your June 1, 1989, memorandum. <br />RECOMMENDATIONS <br />1. Of foremost importance is the issue of abandonment. There can be no <br />abandonment of the present Trail until the question of the impact of the <br />realignment and abandonment is resolved. There does not exist substantial <br />competent evidence sufficient to justify the realignment. If the realign- <br />ment and/or abandonment will jeopardize or destroy the historical <br />integrity of the Trail, the entire management plan together with the <br />comprehensive plan, and ordinance are defeated. It may be possible to <br />consider a temporary closing at the developer's risk pending the outcome <br />of this threshold question. If closed, the Trail must remain in its <br />present configuration accessible to the public until such time as this <br />question is answered. <br />72 <br />