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understanding there might be a possibility of <br />a letter of credit at building permit time and <br />an actual cash situation at CO time. <br />DISCUSSION - WINTER BEACH CEMETERY PROPERTY <br />The Board reviewed memo from Assistant County Attorney Bruce <br />Barkett, as follows: <br />TO: Indian River County Board DATE: FILE: <br />of County Commissioners April 29, 1986 <br />Bruce Barkett* <br />FROM: Assistant County <br />SUBJECT: <br />WINTER BEACH CEMETERY <br />AttornREFERENCES: <br />This matter was unknown to either Charlie Vitunac or myself until <br />Thursday, April 17, 1986, when Commissioner Wodtke asked me to <br />look into it on the following Monday if I got the chance while I <br />was in Tallahassee with the Tort Reform Delegation. Commissioner <br />Wodtke indicated that I could get the background information from <br />Mr. Tommy Thomas. <br />Mr. Thomas indicated that the files on this matter had been lost <br />or misplaced, and indeed I have been able to come up with very <br />little background information. It appears that the Kiwanis- <br />Hobart Park area was dedicated to the County by the State of <br />Florida Department of Natural Resources, which in turn acquired <br />the property with a grant of federal funds. The dedication to the <br />County restricted use of the property for County park and public <br />recreational purposes, and contained a reverter clause at the <br />option of the Trustees in the event the area was used for other <br />than park and recreational purposes. -(See attached) <br />Nevertheless, in August 1980, the Board of County Commissioners <br />executed a dedication of a portion of the Hobart tract for ceme- <br />tery purposes and cemetery -related services. (See attachment 2) <br />This dedication of approximately 17 acres was apparently <br />unauthorized by the Department of Natural Resources and by the <br />United States Department of Interior. <br />As a result of the unauthorized dedication, there was apparently a <br />scurry of activity attempting to get retroactive State and Federal <br />authorization. Such authorization apparently acquires a substi- <br />tute of County -owned property for the portion of the federally - <br />funded, state -dedicated park property. I do not find in the <br />scanty records any evidence that such authorization has ever been <br />secured. Consequently, the dedication adopted by the Board in <br />1980 cannot be given effect. <br />This matter is put before the Board for discussion and guidance. <br />81 <br />MAY 7 1986 BOOK 3 FA f 67 <br />