12/13/2016 (3) - Laserfiche WebLink

Home Browse Search

Re: Use of Windsor Properties Property Exchange Donation February 2, 2016 - Page 2 of 3 Mr. DeBraal responded that the Donation just needed to go into the parks and recreation budget. He noted that the Division of State Lands did not want to reach that far into the County's business. The minutes from the Board meeting reflect that the Board by a 4-0 vote, with Commissioner Bowden absent, to restrict the Donation "to improvements to the County's parks and recreation facilities a d authorized the Chairman of the Board to sign the letter to the Department of Environmental Protection, as recommended in the memorandum of June 30, 2006." On August 11,2006, ARC recommended approval of the Exchange. The staff report for the ARC meeting stated that "Windsor will pay the County $1,000,000 to enhance the County's management ability to fund needs which are currently unfunded. The County has committed to use these funds to support recreation and parks." On November 21,2006, you wrote a letter to Scott Woolam, Chief, Bureau of Public Land Administration, in which you stated that the "County has previously earmarked these funds for expenditures on recreation and parks " On December 5, 2006, the Board of Trustees considered the Exchange The backup materials for the Board of Trustees meeting state that the Donation will "enhance the County's management ability and fund needs which are currently unfunded. The County has committed to use these funds for recreation and parks." Additionally, the materials noted that the "County has agreed to furnish the Division of State Lands in its annual budget process an accounting of all expenditures of the designated funds." The materials further state that the Exchange will provide significant public benefits by among other things, "providing an additional $1,000,000 for County Parks and Recreation purposes." The Board of Trustees voted unanimously to approve the matter. It is interesting to note that at the meeting, Secretary Colleen Castille mistakenly stated that the Donation was for "development of recreation facilities" at Golden Sands Park, which was not the case as Windsor Properties had agreed to rebuild Golden Sands Park at no cost to the County Finally, the Addendum to the Exchange Agreement, which is attached to and referenced in the Exchange Agreement, dated December 20, 2006, between the County, Windsor Properties and the Board of Trustees, states that the County has earmarked the Donation "to benefit Indian River County Parks and Recreation." It appears that throughout the process that several different phrases were used as to describe how the Donation would be utilized, such as "to enhance the County's management ability and fund needs which are currently unfunded", "to improvements to the County's parks and recreation facilities", "to benefit Indian River County Parks and Recreation" and "for County Parks and Recreation purposes." As you are aware, the Board is considering a number of different uses for the funds from the Donation, which include construction of boardwalks on conservation lands for access to the public and improvements to parks and recreation property which is jointly owned with other governmental entities or non-profit organizations. I believe that the Board has broad discretion to utilize the Donation for County parks and recreation, including these types of expenditures P105