ED TAYLOR

The Vero Beach City Council has approved a ten year lease, subject to renewal for an additional ten years, between the city and The Friends of the Vero Beach Dog Exercise Area Inc. for use as a sanctioned off-leash dog park to be created and maintained by the non-profit organization that was organized for this purpose last year.  The area approved by the city, 5.8 acres of Bob Summers Park near the east end of the Merrill P. Barber Bridge, has been used by dog owners as a free roaming exercise area for the past 12 years on an informal basis.  The lease calls for an annual rent of $25.

The formalized agreement allows the petitioners to create improvements to the property to facilitate the land’s use as a park, which would include fencing, benches, landscaping, as well as other improvements the group may want to add to the park.  Since the city will retain ownership of the park, any proposed improvements will have to go before the city’s planning and zoning commission and approval by the council, explained City Attorney Wayne Coment.

Robert Joy, speaking on behalf of the dog park group, addressed the council and said that the two parties were at near agreement on terms of the lease. Joy’s main concern was a “termination for convenience” clause, which would have allowed the city to end the agreement with one year’s notice to the tenant if the city were to find a more appropriate use of the 5.8 acres.  The lease does allow the city to use the park if needed for emergency situations.

“We have to rely on voluntary contributions,” Joy told the council.  “We have potential large donors want to contribute who are hesitant to do so with no sense of longevity or standing.”  Joy specifically mentioned a potential donor who was willing to give $10 thousand toward improvements to the park but would not do so if the lease could be terminated after one year at the will of the city.

City Manager Jim O’Connor said that the one-year termination clause was an arbitrary time period that could be amended or alleviated by the city council.  The lease could be terminated at any time if the tenant violates the conditions of the lease.

Coment added that the dog owners would have to abide by the Indian River County Animal Control Ordinance, which he said was more specific than the city ordinance, and violations could be enforced by city law enforcement. Coment stated that thus far the users of the park have self-regulated the rules of the park without any known problems.

Councilmember Pilar Turner stated her concern about children visiting the park and suffering from flea or tick bites.  Dr. Sheri Anderson, a certified entomologist, told the council she would be available to inspect the property for any pests at the city’s request without any cost.  There were no public complaints of any problems with fleas or ticks in the designated park area.

Turner also suggested that 4 acres would be sufficient for a dog park and questioned why 5.8 acres was designated.  O’Connor said that since the area would be fenced in, maintenance costs for 1.8 acres standing alone without any type of usage would create an additional expense for the city.  O’Connor reiterated that the city would continue to maintain ownership of the property and would have full access should the need arise.

Several citizens approached the counsel saying they were in favor of the dog park but also thought that a portion of the area should be utilized for rowing club purposes.  Four high school girls, who are part of a rowing team, told the council that the city was currently letting them store their boats under the bridge near the sewage treatment plant and that part of the proposed park area could be used for that purpose.  The Indian River Rowing Club was granted a 3 year renewable license agreement with the city at the treatment plant, near the west end of the Alma Lee Loy Bridge, in October of last year.

Citizen Bill Walker, a Vero Beach resident since 1967, also told the council that the area should be maintained for the purpose of marine activities. O’Connor said in response that the city would retain a 50 foot waterfront easement which would allow for expansion of the marina if needed.

Mayor Richard Winger said that there were currently no plans or intentions to expand the marina.  He said that a plan for marina expansion was proposed several years ago but it was never implemented.  He added that he was an avid user of the river for sail boating but hoped that this area would be approved as the proposed dog park.

Councilmember Turner said that more time was needed and requested the planning and zoning committee initiate a total plot plan of the area for review. “We need time to fully vet this prior to making a commitment for a long term lease,” she said.  Turner also expressed concern over parking issues.

Councilmembers Jay Kramer and Amelia Graves both agreed that the one-year reversion clause was too short of a time for the tenants to rely on.  “It is difficult to ask people to donate for such a short period of guaranteed time,” Graves said.  “It is still a public park with nothing to prevent those who want to gain access to the water.”  Kramer recommended that the lease extend the termination provision from one year to five years.

Councilmember Craig Fletcher made a motion that the lease be approved without a termination for convenience clause for the first five years of the ten year contract.  He added that after the first five years the city would be required to give 30 months notice if they wished to end the agreement without cause.  Fletcher’s motion passed by a 4-1 vote with Turner voting against the measure.

Later in the meeting, the council voted to rezone the area from marina to park status.  As a public park, the 5.8 acres are protected from a change in usage as a park by the city charter according to  Coment.