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Home My WebLink About2018-186BNOTICE OF INTENT TO AFFIRM THE EXISTENCE OF RECREATIONAL CUSTOMARY USE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida ("County"), has conducted a Public Hearing and adopted this Notice of Intent to Affirm the Existence of a Recreational Customary Use of the beach on private property between Wabasso Beach Park, located at the intersection of County Road 510 and AIA, and 9586 Doubloon Drive, Vero Beach, Florida 32963 ("Beach Area at Issue"), in accordance with section 163.035(3), Florida Statutes. The Beach Area at Issue is depicted in "Attachment A" and includes the beach located adjacent to the following parcels of real property: SITE_ADDR �^ _ AD CITY AD_ZIP 1811 E PEBBLE PATH VERO BEACH 32963 1811 E BAREFOOT PL VERO BEACH 32963 WABASSO BEACH RD VERO BEACH 32963 1802 E BAREFOOT PL VERO BEACH 32963 1801 E SHELL LN VERO BEACH 32963 1801 E BAREFOOT PL VERO BEACH 32963 9470 DOUBLOON DR VERO BEACH 32963 9586 DOUBLOON DR VERO BEACH 32963 1800 E SHELL LN VERO BEACH 32963 1800 E PEBBLE PATH VERO BEACH 32963 9536 DOUBLOON DR VERO BEACH 32963 9450 DOUBLOON DR VERO BEACH 32963 9460 DOUBLOON DR VERO BEACH 32963 9566 DOUBLOON DR VERO BEACH 32963 1801 E PEBBLE PATH VERO BEACH 32963 9546 DOUBLOON DR VERO BEACH 32963 9576 DOUBLOON DR VERO BEACH 32963 9500 DOUBLOON DR VERO BEACH 32963 9490 DOUBLOON DR VERO BEACH 32963 9440 DOUBLOON DR VERO BEACH 32963 9480 DOUBLOON DR VERO BEACH 32963 9556 DOUBLOON DR VERO BEACH 32963 In the past, the Beach Area at Issue was traversed by many people including, but not limited to, the Ais Indians. However, the recreational customary use of the Beach Area at Issue has been ancient, reasonable, without interruption (unless for national security purposes)', and free from dispute since the 1920s when the Wabasso Bridge was built and allowed for the residential and commercial development of the barrier 1 In 1942, the U.S. Navy established a Naval Air Station (NAS) at the Vero Beach municipal airport. At its peak, the NAS held 1,400 servicemen and 250 planes. Beaches were regularly patrolled by service men on horses to watch for German U -Boats. As a matter of national security, the public was denied access at times. island. The recreational use of the Beach Area at Issue includes, but is not limited to, sunbathing, shell hunting, picnicking, exercising (walking, running, yoga, etc.), fishing, accessing the area for swimming, surfing and skinboarding, observing and researching sea turtle nests, and enjoying the shade of the erected sea wall. "Attachment B" The County relies upon the following sources of evidence to support this assertion: (1) Article about Wabasso Bridge being built in 1927 to connect the mainland to the barrier island of Orchid Island (the island where the Beach Area at Issue is located); (2) Photo titled "Picnic at the Beach- Wabasso, Florida" and dated 1931; (3) Aerial map that shows the Wabasso Bridge and the Beach Area at Issue taken by the Navy in 1943; (4) Photo titled "Sea Mist Apartments- Wabasso Beach, Florida" that depicts people on the beach at the Beach Area at Issue in the 1940s. (5) An advertisement for Summerplace Homes from the 1960s that clearly states all property owners have equal access to the beach in front of Summerplace and the beach is owned by members of Summerplace Improvement Association; (6) Photo is Wabasso Beach between 1968 and 1973 that shows people on the beach at the Beach Area at Issue. This photo is Courtesy of Indian River County Historical Society Collection, Archive Center, Indian River County Main Library; (7) Photo of people walking on the beach just north of E. Pebble, which is located within the Beach Area at Issue, on November 25, 1984; (8) Photos of people picnicking in front of 1800 E. Shell Lane, which is located within the Beach Area at Issue, in 1985; (9) Photos provided by Marjorie Rickard depicting the Beach Area at Issue, dated between 1992 to present; (10) Photo of people walking along the Beach Area at Issue on November 7, 2011; (11) Testimony of James Gray, former Coastal Engineer and current Natural Resources Manager for Indian River County for the last 16 years, who visits the Beach Area at Issue once a month and regularly observes people on the beach collecting shells, sunbathing, surfing, exercising, etc.; (12) Testimony from Kendra Cope, Coastal Environmental Specialist for Indian River County for the last 3 and a half years, who visits the area at issue approximately six times a year and observes people collecting shells, sunbathing, exercising, cleaning the beach, surfing/skim boarding, etc.; (13) Email testimony from Rachel Smith, Conservation Programs Manager for Disney Resort in Vero, which includes a picture detailing the route for the turtle night walks that have taken place since approximately 2009; (14) Email testimony from Renee Hall, dated September 16, 2018; (15) Email testimony from Gary Fox, dated September 17, 2018; (16) Email testimony from Patty and Walter Garrard, dated August 31, 2018; (17) Email testimony from Crary Lauer, dated September 18, 2018; (18) Oral testimony from Dr. Philip R. Glade at the Indian River County Board of County Commissioners meeting, dated October 2, 2018; (19) Oral testimony from Patty Garrard at the Indian River County Board of County Commissioners meeting, dated October 2, 2018; (20) Oral testimony from Walter Garrard at the Indian River County Board of County Commissioners meeting, dated October 2, 2018; (21) Oral testimony from John Lehnhardt at the Indian River County Board of County Commissioners meeting, dated October 2, 2018; (22) Oral testimony from Molly Segal at the Indian River County Board of County Commissioners meeting, dated October 2, 2018; The Beach Area at Issue has also benefited from past beach renourishment projects that used state and local funds. Specifically, the Beach Area at Issue was renourished between 2010-2012 and repaired after a natural storm event in 2015. Attachment A Beach Area at Issue — Map.of Proposed Recreational Customary Use of Beach on Private Property t L5il 5�6 LEGEND BARNETAddress .Unit Number li 95 STEPHEN 8 :SCHMiDT., 8,urn_,m,e_rpla'c_eS_eawali 9U?ANyE.C4rAUqHTOK.,, 'i U -As64 Public'U F P(do LAWRENCE, `;y Oceanfront Parcils '" 9--'5'00' e Adjacent Proposed rop ose rea v, ardels jac-ent P GONZALEZ j6S N a 4W: INFORMATIONAL MAP z X"t afe f6r visupliz-atip'n -80 ;ANDREW DDEgbiaq�,G) purpo"se"s anck 0�; pot i s66iu6 of own6r names, -:'2017 i'RCPAfa'xloil dita. Source of Parcel data: Indian Rivee Cougty P, 947 p JOHN n J NET, 3 OtopiertY'Aopf6iibi ( Ji�pa.6_r6).• -TRI A6HE:, 6ttiiir data: (RI� _G (§, 2018. . jPETER-J Date jq! Aerial . Imagery: Janbary.2018. y, E SAND DOLLAR LN 4; Aw I SEGAL, JMOLLYK lj�LERA V .,MAk(jAkET MILLIE' L o �00A ate. N -CRARYRs Vit;:,Ml;A�F I! "PEEI _PAT H IB Zg ZA FUTO SCE: 6 L ana qkliM i AIA 3 M OSHIN BAREFOOT E Idul v 3% LLC, - 3 IT. " 1811 �HAUGHEY, `-''�'�=, _,,^'.. - ,. - .> fr 6kUd`k4kW66Q Hi_LERJEM_S_�BETR SUMMERPLACE ,7 k, IEL LN SA j rc� RPLACE A!C ib.- An �,T 31 X, 7L w 3 ze Ir 93RDFS -. CH RD Bedch,Park; DISNEY R VA&.'CLUBAT' VA nnmb�l s M.-mgm -f-7Cl.,uFl7----p7-77 e cm 0. tait:�qineerinqmits 0751 kuruoseasonFencing-1802EBa chfm!R Ua. 18 1�7: 7 . .1. f T . p roposc,40 ecfeAtiph'alltugto m a r,, DA' _4W iV L�J--h...>�a^c"� "Sl: WILLIAM N &' MELISSA MS -JOHN L5il 5�6 LEGEND BARNETAddress .Unit Number li 95 STEPHEN 8 :SCHMiDT., 8,urn_,m,e_rpla'c_eS_eawali 9U?ANyE.C4rAUqHTOK.,, 'i U -As64 Public'U F P(do LAWRENCE, `;y Oceanfront Parcils '" 9--'5'00' e Adjacent Proposed rop ose rea v, ardels jac-ent P GONZALEZ j6S N a 4W: INFORMATIONAL MAP z X"t afe f6r visupliz-atip'n -80 ;ANDREW DDEgbiaq�,G) purpo"se"s anck 0�; pot i s66iu6 of own6r names, -:'2017 i'RCPAfa'xloil dita. Source of Parcel data: Indian Rivee Cougty P, 947 p JOHN n J NET, 3 OtopiertY'Aopf6iibi ( Ji�pa.6_r6).• -TRI A6HE:, 6ttiiir data: (RI� _G (§, 2018. . jPETER-J Date jq! Aerial . Imagery: Janbary.2018. y, E SAND DOLLAR LN 4; Aw I SEGAL, JMOLLYK lj�LERA V .,MAk(jAkET MILLIE' L o �00A ate. N -CRARYRs Vit;:,Ml;A�F I! "PEEI _PAT H IB Zg ZA FUTO SCE: 6 L ana qkliM i AIA 3 M OSHIN BAREFOOT E Idul v 3% LLC, - 3 IT. " 1811 �HAUGHEY, `-''�'�=, _,,^'.. - ,. - .> fr 6kUd`k4kW66Q Hi_LERJEM_S_�BETR SUMMERPLACE ,7 k, IEL LN SA j rc� RPLACE A!C ib.- An �,T 31 X, 7L w 3 ze Ir 93RDFS -. CH RD Bedch,Park; DISNEY R VA&.'CLUBAT' VA nnmb�l s M.-mgm -f-7Cl.,uFl7----p7-77 e cm 0. tait:�qineerinqmits 0751 kuruoseasonFencing-1802EBa chfm!R Ua. 18 1�7: 7 . .1. f T . p Attaohn)eht8 Indian River County Exhibit # The Wabasso BriaigeTo l®is.neg By. Ruth Slanbrklge counrylllstorian Since Disney's Vero Beach':Resort opened in 1995. if has brought guests from around theworld who crossover theWabasso bticige for their first glimpse at'the ocean. Few know the historical link that.Disiney has to Wa- bassa.that dates -back to -the years jusa before'Disney.World was completed. The.. connection goes all the way back -to the 1880's. In those. days a boating trip down.the-Indian River Lagoon was a dangerous and challeng- ing. -adventure. Towns and people were- few and far. between. One of the landmarks alongthe:Iridian Riverseen on the 11387 Coastal map.was an -Ars Indian midden, call Ttivo Dollar Bluff. The Bluff stood tall;along the western shoreline and remnants still exist at.the approach to the Wabasso Bridge. The bridge really began as a dock built to provide the. families of Cap- tain Frank Forster and Stephen Michael -a place to tie up the boats when they crossed the Indian River Narrows to the mainland. In the late 1880's, veryfew people,lived in the area of :Orchid or along the Orchid -Narrow Road (now the south -end of Jungle Trail). When the Florida East Coast Railway came in the -early 1890s the Wa- basso Dock became the only means for deliveryof citrus, pineapples, and winter vegetables from Orchid Island, to the railroad and to.matket. Land sales on Orchid Island were not only promoted by Captain Forster from his homestead at Orchid, but lie had an.agreement with.Henry Flagler to furnish citrus and other fresh vegetables to theFlaglerhotelsbywayof this "new" rail line. By 1925 and through the "roaring 20's" the development on Orchid Is- land across.from Wabasso grew until it.was obvious abridge was needed. In 1928, a narrow wooden bridge was in-place. The river channel located on the Orchid side of the River needed a"swing" bridge and a bridgetender. This "swing" opened for the boats plying. the Intracoastal Waterway.'The bridgetender's house sat in the middle of the River on the. north side of this very narrow two-lane bridge. A.turnwheel' was used. to open tharriet- al swing bridge and was.located on the span between the house and the shoreline of Orchid Island. In the late 1960's, as.plans were being made tobuild a "modern" cause- way and a newhigh-rise "arch'' bridge over the -river channel, a fire'broke out and destroyed a large section of the: old Wabasso bridge. For several months the only.way to. cross the river was via a "pontoon" bridge from the World War II era as the transportation corridor. The floating bridgcwas utilized the new Wabasso Bridge'(CR 510) was completed. It was about that time that Florida's Magic Kingdom was constructing a s .mall railroad to encircle the theme park. They needed a drawbridge over a canal from the lagoon to the_boatyard where the ferries were serviced. They heard about the Florida Department of Transportation replacing. an old swing bridge inWabasso and decided to check it out. After careful in- spection, the Disneyengineers decided they could salvage it: Theybouglit it from the DOT and cut it up into.smaller sections. The old bridge parts • were then loaded on barges -and towed to shipyard in Tampa. It was then painstakingly.build to Disney's high standards and putinto use. Today of passengers from around the world:ride the Main Street Railroad daily without a thought about the history that links Wabasso to Disney. Nowas you crossoverthehigh "arch" of the Wabasso Bridle thatspans the Intracoastal Waterway, yourvista includes Orchid Island, the shoreline of the Atlantic Ocean and the Disney Vero Beach Resort. And as .you take the railroad around the Magic Kingdom theme park you cross over the old Wabasso swi ig bridge. It seems that fate has forever connected the Wabas- so Bridge to Disney in the beautiful ch-cle.of life. 24 Ari" .insidCrrackAlmanac.com Volume 21 • Issue 3 25 Indian RiverGount ',Uhibit# , �. . A I'icn c ctt the Ueach_= .y1TaGasso; Flariittt. `1931: Black & wkiite pliotongative, 4, x 5 in: State_Axcliives of Florida, Florida ]Memory. a� t, IA . ...... . .. Indian Rive County Exhi,bit'# APP 4f jk . tml— Sea Mist Apartments - Wabasso Beach, Florida Sea MistA wh partments - WObasso Beach, Fld�ida. 194-. BIkk-& ite,6h6tbnegafive, 4 x 5 in.. StaW -Archives of Florida, Florida Meniory 'ge by he Sea Oalt-sitade& COI t 'S�="UexOce iiea seaftoix of axt at uAle 0 ibe ve 0 this b2 �� time.-. -. IL tbe w I I Co, � -upp Vashn�l �iaesfq'4 elvidy'h?"m aveek!!2�' iv pro -Dia In a -W, I a0l ulwc aals =ablegacah 'u co - au as, b.OvLc fomantjugsl � . tbt" 7 -,Onvtell�l lur, �aw "for "Yo or take OL XL it SOOU2 1�jj4 teL * >Y — t V aucl t'sg'e TLOW IS . roux 'aOldess jxkc-1 %'% o., lot ana bvZA later. b.Ose -Yoo a YOU clC Slullbuilafor10'al "j�uoavug - to Onsov at AOS' COWS* alI VOLIr beA is y flelts of ,BOO %at 0 uav ex a,,.6aea V The clatire extY Ovnl�x'sbe U'msa '1� . es. Prop' 013 1 1 dal er- U= v4m be buil� 'Pioperty owlie-Ts tawcluo� -explace as U*v ��Ot be A t to mac Ympx4pa va; "Y p%ob1011 there will lie a mxh-iirnum. amount of clearing. A short distance down there's Ane, well 'water. 'Congenial n6gh- hors will be assured for you through the selective pro- oedures of the Improvement Associa,:Uon- T�herels much to a2" TVe ocean bathing h6re is superb; the. bdttom dopes gpjitly for a long"way out. Water skiing and boating I I — , . - 9 ork the bclian Rivet can fill your sunsplasbed days or picnicHrig-onthe beach.okth river ds. There's surf, bjjage and aldff fishing andudli for the most avid ej.2-6er. S munexplace is sequestered but not isolated. Around the charniQ city of Vero33ea'ch are golf cow, excel - 9 lent:xestauxants, smart shops, deep-sea. fiahing boats. Vero itself is lovely and friendly, has several fins, motels and 4partmentS, good niedi6al facilities, a small airport and R:RouxW&g business center. 1W. Saks Information: 8213 S. Ocean Drive - Vito Eiii6h, Florida Phone:40roan 2-6505 06 Ilium VERo BEACH Please note: Prices shown on thls plat apply only to Model #1 in Unit #2, Sale pirices include cottage, lot, and all closing costs. Terms are given on separate page. MOD I Fci7'LIF9E' OEVELO,P.ME/1lT i a!i Solo r2 X5? > f6 /7 o !8 o $15,590 $13,590 $73,590 $13,540 $13,590 $14,490 V S lie- I K.2 s '�• (90' PmVATE ROAD) .Place PO SLJMMEFVPLACE' UAY7-- .1 , Tplace i 13 It D. CASTER INGMEERING FMK ]Nr- w6mm a SdRVEYDRS RORIDA I � james.Gray From: wgarrard2@a6l.com Sent Tuesday, August 14,.201812;10 PM To: James Gray cc: mhynes44@yahoo.com Subject: Summerplace Beach Attachments: Summ&place History Docs.pdf Good Afternoon James, I have attached Sumrnerpice Homes Brochures, Sales Information and pictures from 'my family archives. The Summerp.lace Beach was established as a community beach for the entire 5ummerplace Development, The beach was not to be -owned by individual private'_persons. The Summerplace Improvement. Association, Inc: beach (Summerplace.Units 1 and 2) is owned and/or controlled by the Association. The beach has been open to use by all persons since 1,960 or before due to the public: access .ai Wabasso Beach. I have spread the word .to the other communities involved. Please keep me informed and let,me know if I can be of _further assistance. Regards, Walter Patty & Walter Garrard w,grrard2@aol.com y1D'•Y� . . ... Yom•. •II�. •'h .,« 7" "' ., -It.4 . �4001- P/W I Indian River County ahibit # q 11 VWTW p.4• . AW, 1-7 ||ndanRiver County Exhibit � - ' Phot6spnovdedhv'K4a 'o��Rick'arddddict 'theGeachAreaat|s§ue, datedbetmxe6n1992to ,r)-�D� ! Phdt6t Pt.bvjdod Area,at l4wqdatiN between 1992. tp present. Indian River County Exhibit # O Photo of people walking along the Beach Area at Issue on November 7, 2011 Indian River County Exhibit # Customary Use Hearing — October 2, 2018 James Gray Testimony I have been employed by the County for over'16 years. During this time I have held the,positions of Coastal Engineer and currently Natural Resources Manager: Although I manage several coastal programs "for the County; I am mainly responsible for implementing the:County's Beach Preservation Plan which divides the County's 22.4 miles of shoreline into 8:separate sectors and provides a restoration strategy for each sector designated by the Florida Department of Environmental Protection as critically eroded. Of the 22.4 miles of shoreline 15.7 miles are designated critically eroded and includes, Sectors 1, 2, 3, 5, and 7. For the purpose of this hearing, th,e subject properties are located within the Sector 3 project area and extends approximately 2,000 feet north of the County's Wabasso Beach Park. As part of my beach management responsibilities, frequent visits to the beach are required to; assess the current beach condition,,assess pre and post storm beach conditions, observe beach restoration projects, conduct pre and post construction monitoring, and respond to .questions and concerns raised by the public. Under a normal frequency I typically visit the beach once per month to document the beach condition. During my beach visits, which includes the shoreline fronting Wabasso Beach Park and Summerplace properties, I usually observe people utilizing the beach collecting shells; sunbathing, surfing, exercising, etc. Until recently, I have never observed a private property owner restrict public access along the sandy beach throughout my tenure with the County. Additionally, after review of County files pertaining to beach studies and/or beach management I have not read or know of any private property owners restricting beach access prior to July 2018. Throughout my time with the County (2002=2018) 1 have managed five separate dune repair projects and two large scale beach nourishment projects within the -Sector 3 project area. Just like a roadway repair or maintenance project, and in the interest of public health and safety, the County temporarily restricts the public from accessing construction staging areas and active construction zones on the beach.. Temporary beach closures -can range from a few days to a few weeks and typically align with scheduled construction. In all cases the public is notified well in advance of beach closures and beaches reopen immediately at the end of construction. Indian River [nuntyExhib it [ustomarUse �2018 Kendra 6peTmstimonV i�ave been employe0by the County.for al,rhostDurngthis time, |haveheld the position of Coasta|Envronmenta|,SpeC.ia)�t. |hayethe p pfm ing nd my tis.io`implemeni and manage the -Countv'sHobitat�Cbnyenationp|an(HCP)for ~ fhe'Pr6te.cii0n H(Pse+sgoabr f�oVrbmachmulobeuVnleamonep�o_ _ _ nexdn*hub�atandthe'��nprov�esa' fdr[ou e tdatuftle'Anonitnhhgand protection. Part of -ffyr6sporftibilitiesi� to conduct dbily;ne§tIngsurvbys in thd southern lJ6rti6rf6f fhb,Codnty, but also tomanage a|| 'F.erseaturdePenn�Ho|dersthatconductseatuft|e nestinga| |n_'_n ' Co r�cmV�sea turtle st'ran'ding events-Thisirequires w6ekl these'oermit hold6rs dhd occasional visits'y updates fromtothe beaches for dbterVationor turtle'rescUe. The area of concern or tbdWs hearirig'is Wabasso Beach,a very, popular pub , iic. beach, and :tbeLsummerplace, neigh b.ofh-ood. . When not assis . ting t I he C I oastalEngineer on beach projects, I visitthis section of - beacha pproxi mate ly six,.tim.es.a year. Dmhn�Olybeamh the�reoofoonce��|usUa|k/observ�oeoo�udUdnuthe beach collecting d'-- 'the ng�W boarding, -etc. have never �»e!!�s�»oazn!n��ene'cu/�� »m� oe�cnsurn_ n, ro/n�, __uno/recenny,/ obse' ' e.Since.theinst6liati,onof Uantrictcdacceoo theoutside the boUn rd all data fr6m odt'ide the barricade. If a nest was to be marked inside the and to reco 5 barhcadethey-Were'tdcaKhheto '—e'arid mark bfom0them. |tis'rnostlikely duetmbbeing the end of the hestingseasod that We haVe:ho had 8 -nest laid inside the barricade,.since there are records ofidests inside 'at' rhcadm6area ' nlaa.rin' season and' inprevious years, There were nestiftiz rawL mf�nt�rthebarhcaded�[ea�V11he��d��erao Vvhhth�bota[d� the restricted .�ohe. ln.dka�-n,Rive.r'CqVntV Exhibit,# )afiiies WAY From: Kendra Cope Sent- %esclaq, Au&st:21,2018 10`22 AM To:: 'Dylan. Rengold 'ce 'Kate Pin ' golt Cotner;. James Gray W 'S06jPct. .Disne g I ht wg . I . ks -'Y n J 'BeldW is,an`email from Rkhel Smith. She managesAhe ]sea turtle res6aetfi'and conservation Orbgrairnfor Mhey. I hjOhe- ..and July Disney cond cts multiple public highttime'turflewalks and the, boundaries of those walks- are listed" below and p . r . ovid6d',f6r you,in ca simple ffia,p (attached). These boundaries do extend h'brth of the Disney resort up Until the end of 4he,'Su mOr .:pp -- laceSeawailb 'tedatfUril6zon' '. K6_ftdia'CplJd,.M_.-S. :C- ' ciast a hvircinfnphtpl Sp6daIM/56a T 'etle" _Co drd i h a to''r 16diarfAiV6t tbUnty Nblic*dr'ks 1801,27?h Street Vero Beach,.. FL,329'60 772=538-0616 kcb'pd@ircg6V.'cdrb' If ' w uhbalance'jptuTe,.h-pTankIrd_wi.II,su_ff0...A'q.Ieanenvironment is a hbhalfight1 .iW any cther. Itis therefore our responsibility towards_ .6th6r . s to ensure that the wbrild We pass on is as h6althy,-if-n(it healthier, than when we.founditY =.Dblal Lama From: Smith,Rac-hell-..�Rach.el;-5.miihg.dis,fi..6v.6..6h.!> S6nt: M6-hdaV, ,AUg.Ust 20,1 018 9:17 PM To: 6.ndra C'o,pp,.;kcope,'@i,rcgov.,c.o,m:?- Subject: Disnky night Walks Out vii6t walk -zone runs fr*offilbb AbiIh'erh'_bdufi&rY of the northern bouiidaryof:13S y kac.hei -Smith Conservationj Programs.Man ager Disney's, I Animals; Science, apdEnvir.onimi,ent please-e.x'Ose, typos, sent.from, 4 mobile; devic.e Indian River County Exhibit # James Gray From: Dylan Reingold Sent: Monday, September 17, 2018 904 AM To: Kate Pingolt Cotner; Charlotte Grose;,James.Gray; Kendra Cope Subject: FW: Customary Use of Beach at Sim merplace, in Wabasso, FL From: Renee.Hall@boehringer=ingelheim.com <Renee.Hall@boehringer-ingelheim.com> Sent: Sunday, September 16; 2018 6:14 PM To: Dylan Reingold <dreingoid@ircgov.com> Subject: Customary Use of Beach at'Summerplace, in Wabasso, FL Dear County Attorney Reingold, I utiderstand that you are willing to:"receive letters from interested parties about public use of the Surnmerplace Beach near Wabasso in Vero Beach, Florida. My husband Jim and I reside at 1840 E. Barefoot Place, and we have loved living in this area these last four years. We could not have understood at the time of purchase that one of our neighbors would invest so much time and money in fr'ivolous.lawsuits that _seek to threaten public spaces, but regardless, the moment our toes -hit the sand, we are `reminded Why we purchased so close to the Atlantic ocean and all its many charms: In point of fact, we purchased BECAUSE of the -access to the beach, as our retirement investment. I have lived all over the United States throughout my life, and most.often in coastal states, and I believe beaches are a place for 611 citizens; so that they may learn and enjoy all that�our World's oceans and beaches have to offer in terms of biodiversity. It would never have occurred to me.that we might have to.fight to,keep our beach open to the public; but that is no longer surprising given the litigious interpretations of our neighbor, Mr. Robert Jaffe. Please do not allow him to be successful using his monies to.reduce the enjoyment of these. majestic beaches and beach access points.) implore you to do'what you can to block his many attempts to destroy peaceful living in our community. Rest assured, he does not diminish our love of this land, nor our efforts to protect it. My husband Jim Chalkley and I walk the beach.multiple_times each day, noting turtle nests and the changes that come with each tide and moon. We walk each day at sunrise, midmorning, just before the news and again before bedtime. We walk along the wall from Wabasso Beach north to Moss Beach, where the wall ends. We pick up trash each day as well, doing our small.part to keep this area pristine, and we would fight to keep this open to the, public so that future generations may enjoy without the threat of moneYed homeowners trying to thwart public access to.one of -the world's wonders. We paddleboard regularly in both the ocean and the lagoon, enjoying bird life and sea Life alike. My husband lives on Barefoot Place full time, and I am a frequent visitor, but spend a big part of my time in Atlanta, GA as an executive for a corporation called Boehringer Ingelheim. Our company is dedicated to the health and wellness of all animal species, and our life in Vero extends that t, sarne mission that is evidenin the my life is. constructed. My time in Vero is precious to me. Thank you for helping to keep it open, to me and to the future generations who Would wish to put their -toes into the :sand and the surf. Enjoyment of the ocean is something that.I would. bet everyone can recall, and I hope that you get time at the beach tool If you would like to have more detailed information about how we enjoy'the beach every day, don't hesitate to let us ,know. Renee Hall 1840 E. Barefoot PI. Vero Beach, FL 3296.3 804.399-5452 Indian, River County Exhibit # 15 James Gray From: Dylan Reingold Sent: Monday, September 17, 201812:25 PM To: .Kendra Cope; Charlotte Grose; Kate PingoltCotner; James.Gray Subject: FW: Summerplace Public. Beach Attachments: BeachJPG From: Gary Fox <gary@Verobeach.com> Sent: Monday, September 17, 201812:19 PM To:, Dylan Reingold <dreingold@ircgov.com> Subject: Summerplace Public Beach Dear Attorney Reingold, We purchased our first home in Summerplace in 1982, before the seawall was erected. A big reason for our purchase was the fact that -each home had deeded access to the beach. Our two boys were born and raised in summerplace, going to the beach daily in their strollers and later boogie boarding and surfing with their many neighborhood friends. Our neighborhood families routinely gathered for picnics, holidays and weekend fun. For 36 years we,and all our neighbors have been using the beach for recreation and a place to gather. My two son's and grandson visit and look forward to enjoying the beach they grew.up with. Most evenings you will still find us walking the beach or sitting with our neighborhood friends. The beach has always been open to residents:as well as visitors using Wabasso Beach. All have always been welcome, please keep it that way. The property values depend on it. Gary Fox 1920 Bareffot Place Vero Beach, FL..32963 (772) 766;1536 garygVeroBeach.com www.VeroBeach.c6m Indian River County Exhibit # James.Gray From: Dylan Reingold Sent: Monday, September 17, 2018 10:26 AM To: James dray;'Kendra Cope; Kate Pingolt Cotner;. Charlotte Grose Subject: FW: Summerplace Beach Useage Attachments: Summerplace Beach 1982 2003.pdf From: wgarrard2@aol.com <wgarrard2@aol.com> Sent: Tuesday, September 11, 201812:11 PM To: Dylan Reingold <dreingold@ircgov.com> Subject: Fwd: Summerplace Beach Useage Patty & .Walter Garrard wgarrard2@a6l. co??z --Original Message ----- From: wgarrard2 <wgarrard2 aol.com> To: dreingold <dreingold0_irc.gov> Sent: Fri, Aug 31, 2018 3:13 pm Subject: Summerplace Beach Useage Dear Mr. Reingold, I previously sent Summerplace photos and brochures to James Gray. I am adding pictures of my wife Patty and daughter Danielle on the beach in 1982 and my daughter Elizabeth and her daughter Skylar in 2003. My father in law (Ralph Renick) built a Summerplace cottage in 1960. Our extended family has built/owned 4 cottages in Summerplace, including 1802 Barefoot place in the 60s and 70s. My wife and I inherited the cottage at 1960 Shell Lane in 1991 and have lived permanently in our new home at that address since 2009. 1 have served in various positions for the Summerplace Improvement Association, Inc. since 2010 and have been president since 2012. We have enjoyed the beach since 1960. We have walked the Summerplace Beach since 1960. We have followed turtle tracks to nests along the dune line from Captain Butchers to Golden Sands. We usually set up our beach umbrellas and chairs by Shell Lane, Barefoot Place or Pebble Path. Due to melanoma cancer I wear protective clothing and move to the shade of the sea wall when the sun gets to the correct angle in the afternoon. Patty & Waller Garrard w arrard2(a?aol.com 229 Indian River County Exhibit # i James Gray From; Dylan Reingold Sent: Tuesday, September 18, _2018 12:54 PM To: Kendra Cope; James .Gray; Charlotte Grose; Kate Pingolt Cotner Subject: FW: access to beach From: Crary Lauer <mustangcrary@gmail.com> Sent: Tuesday, September 18, 201810:43 AM To: Dylan Reingold <dreingold@ircgov.com> Subject: access to beach Good morning.1 am a resident in summerplace and want to voice my opinion about keeping the access to the beach open to all. We. built our home here because of the beach and the water ... and have enjoyed Iiving here because of the beautiful surroundings,and the friendliness of all but one neighbor. As human beings we are drawn to the ocean, and many happy family memories have been made enjoying the beach here in Vero, If I. was more computer savary 1 could send you many fun pictures of friends and family enjoy ing the beach;and also of.people we dont know enjoying the beach with respect and consideration of the turtles nesting grounds. I hope -#lie negative behavior of one disgruntled ;person doesnt change that...he can just move. Many thanks; crazy lauer, 1.800 east pebble path 230