LAND ACQUISITION ADVISORY COMMITTEE … ACQUISITION ADVISORY COMMITTEE (LAAC) Frannie Atchison -Town...

LAND ACQUISITION ADVISORY COMMITTEE (LAAC) Frannie Atchison -Town of Indian River Shores Adam Bolinger - Development Community Bob Solari - City of Vero Beach Michael Walther - IRC Chamber of Commerce Andrea Coy - City of Sebastian Louis Schacht - Agricultural Interest Sal Neglia – City of Sebastian Alternate Kevin Doty - Civic Association John McCants - City of Fellsmere Judy Orcutt - Sierra Club Cheryl Hampton – City of Fellsmere Alternate George Blythe – Historical Representative Francis “Bud” Oatway - Town of Orchid James Granse - Taxpayer’s Association Suzanne Joyce – Town of Orchid Alternate Lois Work - Board of Realtors Lee D. (Toni) Robinson - Indian River Land Trust Rick Baker - Member at Large Kathleen Schulke - Indian River Land Trust Alternate Frederick Dillon - Member at Large Dr. Richard H. Baker - Pelican Island Audubon Society Talmage Rogers, Jr. - Member at Large

Janice Broda - Mosquito Control Board, Chairman Arthur R. Neuberger, Non-voting Commissioner Liaison

The LAAC will meet on WEDNESDAY, OCTOBER 25, 2006, at 1:30 p.m. in First Floor Conference Room A of the County Administration Building, 1840 25th Street, Vero Beach.

AGENDA

1. Call to Order – Chairman Janice Broda

2. Approval of September 20, 2006 meeting minutes

3. Consideration of Newly Nominated LAAC Site (Whether or Not to Include in Current Review Cycle): Peltier Historic Riverfront Property, 1690 Indian River Drive (Sebastian) – Roland DeBlois

4. Annual Ranking and Revision of LAAC Site Acquisition List (Continued from Last Meeting) 5. Update on Status of Acquisition Projects – Roland DeBlois

6. Old Business

7. New Business

8. Adjournment

cc: Joseph A. Baird Michael C. Zito Marian Fell Robert M. Keating Roland DeBlois Jason Brown Ken Oristaglio Matt Sexton Beth Powell Indian River Land Trust Scott Johnson Press Anyone who needs a special accommodation for this meeting may contact the County's ADA Coordinator at 226-1233, at least 48 hours in advance of the meeting. Anyone who may wish to appeal any decision that may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. F:\Community Development\Users\ROLAND\LAAC\AGENDA & MINS\2006\10-25-06 LAAC AGD.doc

LAAC-Unapproved 1 September 20, 2006 F:\Community Development\Users\ROLAND\LAAC\AGENDA & MINS\2006\09-20-06 minutes.doc

LAND ACQUISITION ADVISORY COMMITTEE (LAAC)

The Indian River County (IRC) Land Acquisition Advisory Committee (LAAC)

met on Wednesday, September 20, 2006 at 1:30 p.m. in the First Floor Conference Room “A” of the County Administration Building, 1840 25th Street, Vero Beach, Florida.

Present were members: Chairman Janice Broda, Mosquito Control District

Representative; Louis Schacht, Agriculture Interest Representative; Councilmember Bob Solari, City of Vero Beach Representative; Council Member Andrea Coy, City of Sebastian Representative; Jim Granse, Taxpayers’ Association Representative; Vice Mayor John McCants, City of Fellsmere Representative; Judy Orcutt, Sierra Club Representative; Lois Work, Board of Realtors Representative; Dr. Richard H. Baker, Pelican Island Audubon Society Representative; Rick Baker, and Talmage Rogers, Members-at-Large Representatives; Kathleen Schulke, Indian River Land Trust Representative; George Blythe, IRC Historical Society Representative; and Arthur Neuberger, Non-Voting Commissioner Liaison. (Suzanne Joyce, alternate for Bud Oatway was present, but was misinformed by the Recording Secretary she was ineligible to vote. Vice Mayor Joyce has been notified that the Board of County Commissioners had received notice on August 8, 2006 she is on the record as the Town of Orchid’s Alternate for Bud Oatway.)

Absent were: Michael Walther, IRC Chamber of Commerce Representative;

Kevin Doty, Civic Association Representative; Councilmember Fran Atchison, Town of Indian River Shores Representative; Frederick Dillon, Member-at-Large Representative; Toni Robinson, Indian River Land Trust (IRLT) Representative; Councilmember Francis Oatway, Town of Orchid Representative; and Adam Bolinger, Development Community Representative (all excused).

Also present were IRC staff: Marian Fell, Assistant County Attorney; Roland

DeBlois, Chief of Environmental Planning; Beth Powell, Conservation Lands Manager, and Victoria Phillips, Staff Assistant IV. Others present: Matthew Sexton, The Conservation Fund; Ken Grudens, Chairman, Conservation Lands Advisory Committee; Joe Collins and Philip Caldwell, Attorneys for the Sexton Family; Ralph Sexton, Hillary Sexton, and John Sexton, Sexton Ranch; Dr. David Cox, Dale Simchick, Maureen Cummings, Interested Citizens; and Henry Stephens, Vero Beach Press Journal.


Call to Order Chairman Broda called the meeting to order.

Approval of June 28, 2006 Minutes

ON MOTION by Mr. Rogers, SECONDED by Mr. Granse, the members voted unanimously (13-0) to approve the minutes of June 28, 2006 as presented.

Consideration of Sexton Ranch Agricultural Conservation Easement Parameters – Roland DeBlois Mr. Roland DeBlois, IRC Chief of Environmental Planning and Code Enforcement, came forward with a PowerPoint presentation pertaining to the Sexton Ranch Agricultural Conservation Easement location maps, a copy of which is on file in the County Commission Office. He explained when the voters approved the $50,000,000 bond in November 2004, it had been expanded to include cultural heritage or historic sites, specifically for the purchase of development rights to consider agriculture. Mr. DeBlois indicated the Sexton Ranch had been the focal point project relating to agricultural protection, and it could also be a cultural heritage site due to the history of the property. Mr. DeBlois noted the purchase of development rights were for certain parts of the bundle of rights the Sextons now had under this proposal, and they would continue to own the property; however, it would not be open for general public access, except for general appointment arrangements the Sextons had agreed to for educational purposes. Mr. DeBlois remarked what was being presented today was not the actual negotiated purchase option for the easement, but the parameters of the easement which had been in negotiation. Mr. DeBlois pointed out if the County proceeded with the easement, it would allow for the Sextons to sell off the property to a private owner, and whoever ended up owning the property at any particular time would be subject to the easement. He added the easement would spell out the private landowner would retain private ownership rights, typical to any private ownership, with the exception of certain restrictions by the County through the easement.


Mr. DeBlois explained the “no action” alternative meant the property could be sold off into five acre tracts and developed into five acre ranchettes, and the purpose of purchasing the easement was to preserve the natural areas which were intermixed throughout the property. He explained some of the prohibited uses involved billboards, signs, landfills, a full scale mining operation, and alteration of the property inconsistent with sound agricultural practices which would disturb the integrity of the property. Mr. DeBlois reviewed the permitted uses such as cattle, ranching, crops, sod farms, groves, pines, beekeeping and wholesale nurseries. John Sexton, Sexton Ranch, commented the existing farmstead on the west was where the operational headquarters had been for the last 60 years, and the second farmstead on the east side was a prospective site in the event 82nd Avenue was paved and it became impossible to cross their cattle to that side. Mrs. Orcutt did not understand why the farmsteads had to be delineated on the map as being different. Mr. Sexton explained there were different uses inside and outside of the complex, with the outside being more restrictive. Joe Collins, attorney for the Sexton Family, explained the process of trying to come up with an appropriate compromise for the conservation easement which would meet everyone’s goals had been going on for four months. He mentioned the Sextons were very unusual in not being profit motivated and were instead leaving a legacy to the County, because they could otherwise keep the land and wait for development to occur. Dr. Baker asked if that meant there would not be any five acre developments in the area in the future. Mr. DeBlois concurred, other than the three divided off five acre tracts for the family, and the two farmsteads which were not clearly a subdivision. He remarked although the contract already mentioned it, he would make sure that point would be further clarified. Mrs. Schulke mentioned she needed to abstain from voting because she had past experiences with the Sextons and John Sexton was a member of the Indian River Land Trust. A Voting Conflict Form was provided to Mrs. Schulke for completion. Mrs. Work inquired about the section dealing with public access where it mentioned it would be limited to two times a year for educational programs. Hillary Sexton, Sexton Ranch, informed her they had agreed to two times a year, but it did not mean it would not be more than that, but a matter of not wanting to be committed more than that contractually.


Councilmember Solari asked Mr. DeBlois if he wanted the LAAC to agree to go forward with further negotiations and if he felt the easement concept was within the restrictions of the bond. Mr. DeBlois responded affirmatively, but wanted ratification from the members of these parameters in order to have the comfort zone to move forward with the contractual document. He then would come back to the LAAC with the price and terms. Mr. Blythe queried if a horse breeding facility would be allowed, and Mr. DeBlois informed him there would be no restrictions. Mr. Blythe then wondered if a wind electric generation field would be permissible. Mr. DeBlois responded it would not be permitted, but there was a reference to wind and solar power within the farmstead portions. Mr. Blythe wondered in the event the larger parcel was subdivided, if it would be more beneficial to allow the owner of the property to inhabit the property as well, and have three more residential sites, in addition to the three the family would be allowed to maintain. Councilmember Solari disagreed with his suggestion because the idea was to limit the amount of residences on the property. Mr. Blythe felt someone who lived on the property would be better than someone who lived someplace else and came to the property. Mr. DeBlois mentioned the document read “it may include incidental residential use such as security occupant, farm labor housing”. A lengthy discussion followed concerning conservation easements, and the preservation of the historical value of the property.

ON MOTION by Councilmember Solari, SECONDED by Deputy Mayor McCants, to ask staff to proceed with further negotiations considering the comments the committee had made today.

UNDER DISCUSSION, Chairman Broda mentioned County Attorney William G. Collins II had written a letter to the effect that some of the members did not exercise their responsibility in full, and as a consequence, had asked a roll call be taken for important motions. THE SECRETARY CALLED THE ROLL AND THE MOTION PASSED (12-0). Mrs. Schulke abstained from voting due to a conflict of interest. Mr. Rogers asked for the documents to be sent ahead of time before the next


meeting so that everyone became familiar with the price. Mr. DeBlois said he would make sure everyone had plenty of lead time so that the members could review the document. Consideration of Staff’s Draft Ranking of Existing and Nominated LAAC Sites – Roland DeBlois Mr. DeBlois presented the Staff Site Ranking Matrix, August 2006, a copy of which is on file in the County Commission Office. Mrs. Orcutt suggested everyone go directly to the Sexton Ranch since it was just reviewed, and questioned the five points awarded for educational opportunities. Mr. DeBlois indicated they were open for educational purposes and it was written into their contract under the parameters a couple would be done each year. He noted staff’s rationale was it had been done in the past and they would continue to do it. Mrs. Orcutt asked about the historic resources part, because it was her understanding the actual historic properties were not being acquired and there would be no access because it was private ownership. Mr. DeBlois responded it was eligible as a cultural heritage pioneer homestead site and recognized locally as a cultural heritage resource. Mrs. Orcutt stated she could understand it more fully if the house were to be part of the purchase, and it seemed to her it could wind up being just a horticultural operation. A discussion ensued about the prohibited uses under the easement parameters and management cost share points. Mr. Rogers emphasized the County had been experiencing a mildly depressed real estate market and the LAAC had properties which clearly exceeded $100,000,000. He felt the LAAC might be going after things which were of secondary importance, and proposed that dollar values which exceeded an acceptable limit be eliminated from active consideration. Mr. Rogers opined the Wabasso Bridge Archaeological Site or the Jones Pier would not rank in his particular priorities. He felt they should not even be considered since the funds could be used for some of the other projects. Mr. DeBlois pointed out Jones Pier had high historic value, and the Florida Communities Trust (FCT) had been used as the ranking criteria. Mr. Rogers continued if the dollar assessment dictated a cutoff value and


everyone agreed the Ten Mile Ridge and St. Sebastian River Greenway Connector were our two top priorities, why would we be going after the rest of the projects when we knew it was going to take a lot of money. A discussion ensued about whether to spend money on lower ranked projects versus higher ranked projects. At Chairman Broda’s request, Mr. DeBlois then went on to review all of the properties listed in the September 2006 Status Report, which mentioned the status of the Paskor Property, a copy of which is on file in the County Commission Office. He said a lot of the projects were being actively negotiated, and mentioned the Paskor Property had already been taken off the list as an unviable project. Dr. Baker asked if two was the maximum amount of projects allowed for FCT funding at any one time. Mr. DeBlois believed FCT only allowed three active projects at any one time, and once a property was pre-acquired, FCT funds could be applied for within two years. He mentioned some would qualify under the Florida Forever program. Mr. DeBlois reviewed the St. Sebastian River Island, which had been conceptually approved by the state as a swap for a road improvement project on County Road (C.R.) 512, and it would also result in conservation of the St. Sebastian River Island preserves. Mr. Rogers asked what would be the out of pocket costs to the County. Mr. DeBlois said the value was yet to be determined, but he believed the list price was $100,000. He noted it involved an equal acreage which tied in to the road improvements on C.R. 512, and 102nd Terrace.

ON MOTION by Mrs. Orcutt, SECONDED by Council Member Coy to remove the St. Sebastian River Island from consideration.

UNDER DISCUSSION, Mr. DeBlois stated the Board of County Commissioners (BCC) had approved this exchange under the concept it qualified for bond fund expenditure. Mrs. Orcutt stated at some point, we needed to prioritize whether it should go on the list. Mr. DeBlois indicated he just wanted to let everyone know the project was already in the works, but it was LAAC’s prerogative whether or not to recommend it to the BCC. Council Member Coy insisted it was terribly inappropriate to include it on the list.


Mr. DeBlois indicated from staff’s perspective, it involved double the public benefit, because there was conservation of an island which was currently private, plus there was the advantage that it allowed the realigning of a road for public safety purposes. Council Member Coy emphasized she did not feel it could ever be occupied or inhabited; therefore, any development would be virtually zero. Mr. DeBlois informed her the value would be based on development opportunities and right now, there would be an opportunity of one cottage on the property, and the value reflected its potential use. Mr. DeBlois cautioned to keep in mind if the project were to be eliminated, other projects lower than 65 points or similar should also be considered. Chairman Broda remarked from her point of view, the ranking boxes did not always reflect the reality or the sentiments of the LAAC. She did not believe the motion was to eliminate projects below a certain ranking, and there were only concerns about this particular project. Mr. Rogers inquired if it were to be eliminated and the BCC opted to go ahead with it, would the money still come out of the bond fund, or out of the General Fund. Mr. DeBlois responded it would not be included on the list presented to the BCC from the LAAC, but the BCC had the discretion to put it on the list. Councilmember Solari and Mr. Baker left at 3:05 p.m. A discussion followed about the amount of points received. THE CHAIRMAN CALLED FOR THE QUESTION and the motion passed (8-3). Vice Mayor McCants, Dr. Baker, and Mr. Granse opposed. Mr. DeBlois advised the next newly nominated site involved the Tracking Station Coastal Strand, which encompassed 8.7 acres of oceanfront commercially zoned property. He believed when it was discussed by the LAAC during a previous field trip, because of its high value per acre, there were questions as to whether certain contingencies could be included in order to purchase the property as a bargain sale. Mr. DeBlois explained from an environmental standpoint, it could be looked at as a stand alone parcel, because it was rare to see beachfront undeveloped land. Chairman Broda asked why the property received five points for a recreational trail system and greenways. Mr. DeBlois informed her it would tie into a green space along State Road (S.R.) A1A which had an established bikeped path which ran the


length of S.R. A1A, and the interpretation was it would tie into the sea turtle protection and coastal beaches. He explained coastal development had been considered high hazard development and points would be received for steering development away, in addition to management points because public access already existed. Mr. DeBlois asked Mr. Matthew Sexton, The Conservation Fund, about the potential of trying to negotiate for a bargain sale. Mr. Sexton informed him the owners could donate it outright, but it really depended on the owners’ circumstances, and what they would derive from the tax benefits. Mr. DeBlois suggested the option of leaving it in as a bargain sale.

ON MOTION by Mr. Rogers, SECONDED by Mr. Schacht, to retain it until there was some contact with the owner to determine what the decision was.

THE CHAIRMAN CALLED FOR THE QUESTION and the motion passed (11-0). Mr. DeBlois reviewed the Kenansville Ranch, consisting of 2,900 acres with three residences existing on the property contiguous to a larger state peripheral project with conservation easements to the west. He noted from an environmental purchase, this project had continuity with the other conserved lands, and it also contained a tributary branch coming out of the Blue Cypress Upper River Basin. Mr. DeBlois indicated the asking price was $8,000 per acre, and based on the circumstances of the LAAC allowing it to be put on the list for ranking, there was no current contract. He said insofar as points, even though it was sizable and contiguous to the other conservation lands, it did not end up ranking high on the list. Dr. Baker thought it represented a tremendous opportunity insofar as recreational use as a state park, and wondered why it ranked so low. Mr. DeBlois informed him under the actual criteria, the open space took into consideration if it was in or near the Urban Service Area; however, it counted against them in its remoteness to the Indian River County developed area, and access to water bodies. Mr. Rogers asked if the owner was holding firm on the $8,000 per acre price or the appraised value. Mr. Sexton responded negotiations had not begun, but staff wanted to see what would happen with LAAC today before pursuing it because he thought there would be an opportunity to do better than the asking price, especially considering the real estate market today.


Mr. Sexton remarked he had asked the broker to speak to the owner about reconsidering a conservation easement sale. He suggested another approach would be for the County to buy it and either put an easement and then sell it subject to the easement, or sell part of it. Dr. Baker still felt it would make a terrific state park with lots of space for recreation and hiking trails, with a lot of advantages long term, after which time a discussion followed about the accessibility issue.

ON MOTION by Dr. Baker, SECONDED by Vice Mayor McCants, the members voted (10-1) to retain the Kenansville property on the list until there was contact with the owner. Mr. Granse opposed.

Mr. DeBlois reported Graves Brothers at this point had indicated they were in agreement with the concept of the St. Sebastian River Greenway, but had not been willing to sell their property at this point. Mr. DeBlois stated there had been some preliminary discussions with St. Johns River Water Management District (SJRWMD) as to whether there would be opportunities for stormwater management facilities which might help improve the water quality on some of the grove areas along the creek. He added although SJRWMD had a general interest, he was not sure what the outcome would be. Mrs. Orcutt wondered if part of the Triple M Holdings (Triple M) property had been already sold to a church, and which portion of it would the LAAC be considering as part of the parcels to be acquired to complete the St. Sebastian River Greenway Connector project. Mr. Kenneth Grudens, Indian River Land Trust, noted if the church did not want to sell all of it, they might be interested in selling back a portion of it, or a trail easement, because the purpose would be to have a continuous greenway corridor along the trail. Mr. DeBlois interjected because of the nature and proximity to the water and public access under the concept, it ranked high in points. Mrs. Orcutt asked Mr. DeBlois to clear up the confusion as to what projects had been included in the St. Sebastian River Greenway Connector. Mr. DeBlois informed her they consisted of Roy Stough, who was a willing seller, but in the case of Triple M, he did not know how much property would be available for sale. He commented Graves Brothers had not entertained any offers for sale of their property. Mrs. Orcutt thought the Roy Stough property would become reasonably priced because it did not have C.R. 510 access.


ON MOTION by Mr. Rogers, SECONDED by Dr. Baker, the members voted (10-0) to retain the St. Sebastian River Connector on the list. Mrs. Schulke abstained from voting since she was a member of the Indian River Land Trust, who had been involved in negotiations with Triple M Holdings.

Mr. DeBlois presented the ORCA South Link (remainder) Conservation area, it helped to buffer the development of U.S. Highway 1 and Oslo Road from the conserved areas. He explained insofar as the ranking criteria, although it made sense from a management and location standpoint as part of the preserve of the conservation area, it did not rank well on its own; therefore, it was a matter of whether or not the value would be looked at as rounding out the conservation area. Mr. Rogers inquired in view of the fact it rounded out an area, if ten points could be awarded for excellence. Mr. DeBlois responded it could qualify for that, and since it only involved about an acre, it would not be a high priced project.

ON MOTION by Mr. Rogers, SECONDED by Dr. Baker, the members voted (9-2) to award the ORCA South Link Remainder Property 10 points for “Project Excellence”. Council Member Coy and Mr. Schacht opposed.

Update on Status of Acquisition Projects Chairman Broda realized time had been running out, but some of the members spoke about removing a few of the existing projects from the ranking list.

ON MOTION by Vice Mayor McCants, SECONDED by Dr. Baker, the members voted (7-4) to table existing projects until the next Land Acquisition Advisory Committee meeting. Chairman Broda, Mr. Rogers, Mr. Schacht, and Mrs. Orcutt opposed.

Mr. Sexton mentioned the same issues IRC had encountered had also come up in a lot of other different counties, who believed it was good to have more projects on the list because there were not always willing sellers. He continued the projects were worked on with willing sellers as they were available on a first come, first served best deal, rather than eliminating projects; however, he encouraged LAAC to take off projects the members no longer wanted to have on the list.


Mr. Rogers inquired if Mr. Sexton could be instructed not to do anything on the archeological site. Mr. Sexton noted his comments, asked if he should continue to move forward on the Sexton and Kenansville Ranch, or put them on hold until after the next LAAC meeting. Upon further discussion, a consensus was reached to continue negotiations.


Old Business None New Business Maureen Cummings, Interested Citizen, asked for the Sebastian Harbor Preserve project to be put a high priority. She was pleased to see active negotiations had been taking placing because it was a haven for animals, and there were many people who loved the land and asked for it to be saved. Chairman Broda informed her it had received the “Project Excellence” points last year and believed negotiations would be ongoing on that property. Adjournment Chairman Broda adjourned the meeting at 3:45 p.m.

INDIAN RIVER COUNTY MEMORANDUM

TO: Members of the Land Acquisition Advisory Committee

THROUGH: Robert M. Keating, AICP /!It{ k_ Community Development Director

FROM: Roland M. DeBlois, AICP~ Chief, Environmental Planning

DATE: October 20, 2006

RE: Consideration of Addition of the "Peltier Historic Riverfront Parcel" to Sites Currently Under Review for Inclusion on the LAAC Site List

It is requested that the Land Acquisition Advisory Committee (LAAC) consider the following information at the LAAC meeting of October 25, 2006.

DESCRIPTION & CONDITIONS

Realtor Carolyn Corum has submitted a LAAC site nomination application for a riverfront property at 1690 Indian River Drive in Sebastian, approximately 700 feet south of the Archie Smith Fish House LAAC site. The subject property, currently owned by Sylvia Peltier, is approximately 0.09 acres in size (+-50' x +-82') and contains a historic residence (circa 1927) that was once an auto service station. The site is on the Florida Master Site File (under the name "Ocean Breeze Service Station") listed as "eligible for local register" (See attached information). A March 2006 appraisal of the property submitted by the applicant values the property at $675,000.

Ms. Corum is requesting that the LAAC consider adding the subject property to the LAAC list under the current site list review cycle. As such, this matter is being presented to LAAC for consideration.

ANALYSIS

LAAC Guide Procedures

The Environmental Lands Program Guide (a.k.a. "LAAC Guide") provides that "[A new site} application submittal shall be allowed at any time of the year. However, applications submitted after September 30th of any given year shall not be reviewed and evaluated until the following fiscal year." The LAAC Guide does allow, however, sites to be added to the list outside of the normal annual cycle as an "emergency acquisition," in cases where one of the following conditions exist:

• "Critical habitat or natural resources not on the priority list are identified as being under an unforeseen immediate threat of destruction or damage.

• Previously identified habitat or natural resources listed on the priority list are under immediate and unforeseen threat.

1

• An immediate opportunity exists for cost-share purchase of critical habitat or natural resources in conjunction with another agency. "

These conditions, as currently written, pertain only to "critical habitat" or "natural resources" under immediate threat or eligible for immediate cost-share opportunity for purchase. Staffs position, however, is that it is implicit that these conditions should be interpreted to also apply to historic sites or agricultural land eligible for consideration, given the 2004 expansion of the bond program.

None of the three emergency acquisition conditions, however, seem to apply to the Peltier property. Although the Peltier property is currently on the market for sale, sale of the property does not necessarily pose a threat to site historic resources.

Insufficient Information on National Register Eligibility

For the Peltier Historic Riverfront Parcel to be eligible for LAAC site listing review, the site needs to meet the following three criteria:

• The site is eligible for listing on the National Register of Historic Places. • The site has local recognition for its historical and/or cultural value. • The site (would be) readily accessible to the public.

Based on Florida Master Site File information, there is currently insufficient information to determine if the property is eligible for listing on the National Historic Register. In order for national register listing eligibility to be determined, there would need to be a request to the State Division of Historic Resources to review information and to make a determine of eligibility, which is a process that takes a period of time.

Given the circumstances as explained herein, staff feels that the LAAC should not consider the Peltier property under the current LAAC site list review cycle.

RECOMMENDATION

Staff recommends that the LAAC not review the Peltier Historic Riverfront Parcel under the current LAAC site list review cycle, and that the LAAC review the site under the next cycle only if the site is determined to be eligible for listing on the National Historic Register.

ATTACHMENTS

1. Information on the Peltier Historic Riverfront Parcel.

F:\COMMUNITY DEVELOPMENT\USERS\ROLAND\LAAC\PELTIER NOMINATION LAAC REPORT I0-20-06.DOC

2

Peltier 1690 Indian River Drive

Peltier Parcel

Archie Smith Fish House

0 150 300 450 60075Feet

Indian River Drive

INDIAN RIVER COUNTY FLORIDA PROPERTY APPRAISER'S OFFICE DAVID C. NOLTE, ASA CFA Page 1Parcel Number:30393100001000000004.3

Owners Name: PELTIER, SYLVIA B *,Owners Address: 5791 LINSAY RD

MICCO FL 32976-2603

Run Date & Time: 10/20/2006Physical Property Address:1690 INDIAN RIVER DRSEBASTIAN, 32958

Legal Description:AUGUST PARK SUB OF ESTATE

Property Sale SummaryDate Price OR BK OR Page Code Vac/Imp

5/1988 $100 00797 02471 01 I7/1981 $100 00637 00106 01 I

Value Information SummaryProp Use 0100 Tax Code 2Neighborhood Code 010003.00

Exempt Value

AppraiserAppraisal Date

Building Permit SummaryNumber Type Rpt Date Co Date9100220 ADDN 02/05/91 //9002372 CLF 10/22/90 12/31/9073500 ADDN // 04/02/7473540 ADDN // 04/02/74

Assessment HistoryYear PUse VBy Land JV Bldg Val Misc Val CAMA Val Taxes2006 0100 C $174,250 $60,040 $2,180 $236,470 $620.612005 0100 C $41,820 $60,040 $2,180 $104,040 $655.712004 0100 C $41,820 $50,850 $1,680 $94,350 $710.162003 0100 C $41,820 $43,690 $1,440 $86,950 $715.20

Building Value SummaryRec# Bldg# Code Description Units AYB/EYB001 0100 Single Family - Improved Y 2272 1936/1936

Miscellaneous Improvement Value SummaryRec# Bldg# Code Description # Units Yr Blt Dep %001 001 CONC Concrete (Floors, slabs) 940 1936 40002 001 CLF4 Chain Link Fence, 4' 140 1990 92

Land Value SummaryRec # LUse Description Zoning UT Frontage Depth Acres Units Price Adj Amt Adj Price Value001 01J SF-Commercial Zoned SGMC S 0000050.00 0000082.00 0.09 0004100.00 1

INDIAN RIVER COUNTY FLORIDA PROPERTY APPRAISER'S OFFICE DAVID C. NOLTE, ASA CFA Page 2Parcel Number:30393100001000000004.3

Owners Name: PELTIER, SYLVIA B *,Physical Property Address: 1690 INDIAN RIVER DR, SEBASTIAN, 32958

Run Date & Time: 10/20/2006

Bldg Cd: Single Family - ImprovedAppr Date: 1/1/1991Appr Init: Jim Moore JMSubstr Cd: 0200 Concrete PiersExt Wall: 0900 Stucco onSheat: NRoof Data: 1292Flr St/Cv: 0204 Single; SoftwoodInt Wall: 0300 PlasterFurring: NTot Rms: 003Bedrooms: 02Baths: 01.01 Fix Baths: 002 Fix Baths: 003 Fix Baths: 014 Fix Baths: 00Bath Fin: 0000HVAC 1st: 0000 Not ApplicableHVAC Up: 0000 Not ApplicableFrpl Code: 0000 Not ApplicableElect: YInsl Cd: 0110 Light Walls LightStys: 1.0Cls Cd: R6 CLASS R6Wall Cd: 4

Shape Cd: 2 2Xtra Feat: 000748-Blt Mo/Day: 1231Blt Year: 1936Eff Year: 1936Dpr Tbl: OC Observed ConditionPct Cond: 040

Layers: ~ <Top-most layer> -=oJ El·· buildings point rLocation: (829050.364765 1264427.234648)

!±J .. OCEAN BREEZE SERVICE STATION Field !value I FID 18 Shape Point AREA 0 PERIMETER 0 BUILDING Stt: 18 BUILDING S-ID 28 SITEID IR00133 FORM NO 199604 SITENAME OCEAN BREEZE SERVICE STATION ADDRESS 1690 INDIAN RIVER DR SURVEY_NO 0 ARCHITECT DUDE MILLER YEAR_BUILT C1927 STRUC_SYS1 Wood frame STRUC_SYS2 STRUC_SYS3 EXTERIOR_1 Stucco EXTERIOR_2 EXTERIOR_3 EXTERIOR_ 4 STRUC_USE1 Commercial STRUC_USE2 Private residence STRUC_USE3 Commercial LOCAL_SIG Eligible for local register SURV_EVAL Ineligible independently SURV_DIST Insufficient data to judge eligibility SHPO_EVAL Insufficient information D_NRLISTED <null> PLOT_MTHD M $POLYGONID 0 $SCALE 1 $ANGLE 1

roland

Text Box

FLORIDA MASTER SITE FILE INFORMATION - HISTORIC STRUCTURES

STAFF SITE RANKING LISTOCTOBER 2006

DRAFT

PROJECT NAME Rec & Op Space Trails & Grnwys Ed. Opp. Natural & Biological Res. Water Quality Historic Resources Agric. Resources Hazard Mit. Mgt. & Cst-Share Spec. Stat. Proj Excell. TOTAL PTS.(a)1 (a)2 (b)1 (b)2 (c)1 (d)1 (d)2 (d)3 (d)4 (e)1 (e)2 (e)3 (f)1 (f)2 (f)3 (g)1 (g)2 (g)3 1 2 1 2

Ten Mile Ridge (PDR) 0 0 0 5 0 5 5 5 5 10 0 5 0 0 0 5 5 5 5 0 5 5 0 10 80St. Seb. Riv. Greenway Connector 5 5 5 5 5 0 5 5 0 10 0 5 0 0 5 0 0 5 5 5 5 5 0 0 80Indian River Farms (Canty) 5 5 0 5 0 5 5 5 5 10 0 5 0 0 0 0 0 0 5 5 5 5 5 0 75Oyster Bar Marsh (remainder) 0 5 0 5 0 5 5 5 5 10 0 0 5 0 5 0 0 0 5 5 5 5 5 0 75Winter Beach Marsh 0 5 0 5 0 5 5 5 5 10 0 5 0 0 0 0 0 5 5 5 5 5 5 0 75Jones's Pier 5 5 5 5 5 0 0 0 0 10 0 5 0 5 5 0 0 5 5 5 0 5 5 0 75Morgan's Impoundment 0 5 0 5 0 5 5 5 5 10 0 0 0 0 0 0 0 5 5 5 5 5 5 0 70Padgett Branch (PDR) 0 0 0 5 0 5 5 5 5 10 5 0 0 0 0 5 0 0 5 0 5 5 0 10 70Sebastian Harbor Preserve 5 0 5 5 5 5 5 5 5 0 0 5 0 0 0 0 0 0 5 0 5 5 0 10 70Tracking Station Coastal Strand 5 5 5 5 0 5 5 5 5 10 0 0 0 0 0 0 0 0 5 5 5 5 0 0 70Lost Tree Islands (remainder) 5 5 0 5 0 0 5 5 5 10 0 0 0 0 0 0 0 0 5 5 5 5 5 0 65St. Sebastian River Island 0 5 5 5 0 5 0 5 5 10 0 0 0 0 0 0 0 0 5 5 5 5 5 0 65Wabasso Bridge Archaeo. Site 5 5 0 5 0 5 0 0 0 10 0 0 5 0 5 0 0 0 5 5 5 5 0 0 60Sexton Ranch (PDR) 0 0 0 5 5 0 0 5 0 0 0 0 0 5 5 5 5 0 5 0 5 5 0 10 60Kenansville Ranch 0 0 0 5 0 5 5 5 0 10 5 0 0 0 5 0 0 5 5 0 5 5 0 0 60ORCA South Link (remainder) 5 0 5 5 5 5 5 5 0 0 0 0 0 0 0 0 0 0 0 0 5 5 0 10 55

Ranking Pending:

Abandoned railroad gradesOld Seminole War Military Trail

NOTES: 1. Sites taken off list due to approved purchase contracts, closings or unwilling seller: PINWR (Paskor), Ansin Tract - Seb. River, Archie Smith Fish House, ORCA-Diamond, South Prong Slough, Russell Grove2. The "Project Excellence" points as shown reflect points awarded by LAAC under last year's ranking.3. Nominated "Massey Road Wetlands" site eliminated by LAAC per vote.4. Abandoned railroad grades & Old Seminole War Military Trail unranked pending additional data.5. "St. Sebastian River Island" removed by LAAC per vote on 9-20-06.

Draft staff site ranking 09-06

INDIAN RIVER COUNTY ENVIRONMENTAL LAND ACQUISITION PROJECTS

STATUS REPORT OCTOBER 2006

Rank/ Est.

Acres Cost Est./ Most Recent

Owner Contact

Appraisal(s) Negotiations LAAC & BCC Consideration

Closing/ Comments Project County

Share/ Mgmt Plan

Funding Source (other than Co.)

1/ Pelican Island NWR

3.71 2,500,000/ 08/06 Completed April 2005. TCF negotiated in coord. w/ county staff & FWS. Appraisals shared with seller. Seller did not accept offer or make counter-offered, site development commenced. No longer under negotiation.

Residential subdivision on Paskor property has received preliminary plat approval. Developer has been issued a land development permit and is no longer considered a willing seller.

1,250,000/ (Paskor Parcel) FWS & FCT $3,000,000 (Goodman) $2,500,000 (Benson) [INACTIVE/ UNWILLING SELLER]

$2,750,000 (Average of 2 appraisals, offer to seller that was not accepted or countered)

2/ Ten Mile Ridge 12,069 31,356,506 (?)

05/06 Potential Florida Forever Project as link of Buffer Preserve to St. Johns Upper Basin. Less than fee-simple acquisition (i.e., conservation easements) probable approach vs. fee-simple acquisition. SJRWMD is in communication with the Corrigans regarding concept of land swap to resolve inadvertent flooding of a section of the Corrigan property. SJRWMD has entered into a swap agreement w/ Fellsmere Joint Venture to swap a portion of “Berry Groves” for other lands contiguous to the SJRWMD ownership. TCF has contacted SJRWMD staff to discuss project strategy. Comprehensive plan land use designation amendment underway to reflect private/public ownership change that will result from land exchange.

Oct/Nov. 2006

The Trust for Public Land (TPL) was unsuccessful in negotiating purchase of the project. County (through its consultant, TCF) negotiated directly, obtained a purchase contract on the Capt’n Butcher portion, subject to assignment to County. On 4/18/06

LAAC considered Capt. Butcher (Adams) parcels purchase on 3/29/06 & 4/10/06. BCC

4/ Archie Smith Fish House-Judah/Lloyd parcels (a.k.a. Sebastian Working Waterfont)

TCF entered into a purchase contract w/ Capt’n Butcher Inc. (Adams), subject to

1.15 1,500,000/ 10/06 The Trust for Public Land (TPL) completed appraisals (for TPL’s purposes). Two County appraisals completed for Johnny Mays (Adams) portion & Archie Smith (02/06). Review/ updates to County

675,000/ FCT (?)

F:\Community Development\Users\ROLAND\LAAC\REPORT\Monthly status reports\2006 Oct status report.doc Page 1 of 7



Rank/ Est.


Owner Contact



Share/ Mgmt Plan


appraisals of Judah/Lloyd/Williams parcels competed 05/06.

County approval of assignment of the contract with contingencies, including counter-offer of $7.65 million. TCF’s contract has since expired due to unwillingness of seller to accept counteroffer & contingencies. Judah-Lloyd portion under option contract.

public hearing held 4/18/06 on Capt’n Butcher, Inc. purchase and assignment of TCF contract. Sebastian City Council considered funding difference of TCF contract & BCC counteroffer, at 4/26/06 City Council meeting.

BCC voted 3 to 2 to make counter-offer of $7.65 million, with contingencies (i.e. contingent on Judah purchase; resolution of restaurant lease; bond counsel concurrence; review of appraisal assumptions; TIITF assignment of submerged land lease). Sebastian City Council voted on 4/26/06 not to fund the difference of TCF contract & BCC counteroffer ($350,000). TCF option on Capt’n Butcher parcels has expired due to owner’s unwillingness to accept counteroffer and contingencies. BCC approved purchase of the Judah-Lloyd parcels on 7/11/06. County will be establishing a steering committee for recommendations on site restoration and management.

LAAC considered the Judah-Lloyd option on 6/28/06, BCC approved purchase of the Judah-Lloyd parcels at a hearing on 7/11/06. Due diligence underway (ESA, survey) for closing in Nov 2006.

70 2,750,000/ 11/05 Completed 08/05 Completed. LAAC recommended purchase on 09/28/05. BCC approved purchase at hearing on 11/15/05.

Closing occurred on 12/07/05.

County has closed purchase. County staff has applied for an after-the-fact (after purchase) cost-share reimbursement grant from the Florida Communities Trust (FCT); FCT awarded funds at Sept 2006 hearing.

5/ Oslo Riverfront So. – Diamond Parcel

1,375,000/ FCT (after-the-fact)

6/ Indian River Farms Coastal Preserve (Canty)

235 20,000,000 (?)/

09/06 (contact with owner rep.)

Appraisals being ordered, to be completed in Nov. 2006

Ownership dispute in appellate courts recently

FCT 60% cost-share grant agreement approved by BCC

Property ownership issue had been in litigation. A third appeal decision (March 2006) (see OR BK 2009, PG 781, Public Records of IRC) reversed a previous decision,

6,600,000/ FCT




Rank/ Est.


Owner Contact



Share/ Mgmt Plan


concluded. TCF has made recent contact with owner and negotiations are underway.

01/07/03; since expired. No current active grant.

concluding that VOSR Industries, Inc., et al, properly exercised its right of redemption. TCF is negotiating with concluded owner. (FCT had awarded 60-% cost-share grant in past that expired in 11/03.)

7/ Oyster Bar Salt Marsh (Remaining Parcels)

65 2,000,000 (?)/ 1,000,000/

10/06 Appraisals completed for Siew and Marker parcels Sept 2006.

In progress on Siew and Marker parcels.

County staff recently approached by two remaining owners (Siew & Marker) regarding county purchase of wetland tract. TCF has made contact and is in negotiations with the landowners.

FCT

8/ 373.34 5,000,000 (?)/

08/05 The Nature Conservancy (TNC) and SJRWMD obtained appraisals of Gregory Tract parcels portion of project on behalf of State.

TNC is the project coordinator for the State, will coordinate w/ county staff once tentative deal(s).

IRL Blueway project. The Nature Conservancy (TNC) is coordinating overall project on behalf of State. Grand Harbor parcels of project not under consideration for acquisition but for County lease for brine treatment (see below). TCF has contacted TNC to coordinate overall project strategy. TNC has come to terms on price of Gregory parcel, subject to support by appraisals being obtained. SJRWMD is participating as a cost-share partner in the acquisition, and is working w/ TNC and the County.

Winter Beach Marsh (overall, including Gregory Tract)

2,500,000/ Fla Forever- IRL Blueway

8/ Winter Beach Marsh (Grand Harbor parcels portion)

90 N/A N/A County Utilities is planning to do a wetland improvement/ brine treatment facility/ recreation area in an impounded wetland immediately north of the north relief canal, in coordination with Grand Harbor, the property owner. The wetlands will be managed by the County under long-term lease from Grand Harbor.

9/ 180 5,000,000 (?)/

04/06 (Ryall & Shadowbrook)

Ryall appraisals completed 08/31/05. County appraisals of Shadowbrook Estates parcel completed 2/06.

BCC has authorized exercise of the Ryall parcel contract, closing expected in Nov. 2006

LAAC review of Ryall purchase 01/25/06, Ryall parcel approved for purchase at 2/21/06 BCC public hearing. LAAC reviewed

Nov. 2006 (Ryall)

Ryall tract portion north of CR 510 approved for purchase, closing subject to probate proceedings (Ms. Ryall is deceased). The Indian River Land Trust (IRLT) is partnering with the County on acquisition and management of the overall project. On 6/6/06, BCC approved purchase of Ryall parcel at original negotiated purchase price despite

South Prong Slough 2,500,000/

FCT




Rank/ Est.


Owner Contact



Share/ Mgmt Plan


(pending probate resolution). Shadowbrook Estates parcel under contract.

Shadowbrook purchase 4/26/06, BCC hearing 6/6/06.

acreage discrepancy issue realized per boundary survey. BCC approved purchase of Shadowbrook parcel on 6/6/06. Staff applied for after-the-fact (after purchase) cost-share grant from Florida Communities Trust (FCT) for Ryall and Shadowbrook parcels, but learned at a Sept 14, 2006 FCT hearing that the project was not selected for funding. Project is eligible for re-submittal under next FCT grant cycle as a “pre-acquisition.” Staff is coordinating with Shadowbrook parcel owner to resolve isolated soil contamination issues prior to closing.

10/ 140.26 5,000,000 (?)/

IRL Blueway project. The Nature Conservancy (TNC) is working w/ State to coordinate the overall project. A development plan for the northern parcels has received conceptual approval for upland/grove portion (“Bristol Bay”, fka “Orchid Landing Village”). TCF has contacted TNC to coordinate acquisition strategies within the Blueway project.

Morgan’s Impoundment 2,500,000/

Fla Forever-IRL Blueway

11/ 46.5 4,800,000 /2,400,000/ FCT

05/06 Appraisals completed 4/06. Option contract executed by seller.

LAAC consideration 5/31/06; BCC hearing 6/6/06

Closing occurred 8/8/06.

FCT 45% cost-share funding grant approved. Option contract signed; BCC approved purchase at 6/6/06 hearing, County closed purchase 8/8/06. Staff is now working on closing FCT cost-share reimbursement with the FCT; grant expires in Dec. 2006. Conceptual mgt plan drafted, under review bythe County Conservation Land Advisory Committee (CLAC), w/ comments from Friends of the St. Sebastian River (FOSSR).

Russell Grove Riverfront

12/ Jones’s have indicated condition of life estate. TPL’s negotiations were

16.5 8,000,000/ 09/06 The Trust for Public Land (TPL) had been involved in initial negotiations but has since dropped out of the project. County appraisals have recently been completed. Partial (riverfront portion only) and full parcel acquisition alternatives

County has been awarded a 45% cost-share FCT grant for the project. Staff has met w/ Ken Kennedy, who has “first right of refusal”; project cost depends on whether all or part of property is acquired for public conservation. FCT has agreed to issue grant extension (to Dec. 2006) to allow for appraisals and

Jones’s Pier 3,600,000/ FCT



STATUS REPORT NOVEMBER 2005

Rank/ Est.


Owner Contact



Share/ Mgmt Plan


being considered. unsuccessful; County is proceeding with direct negotiations.

negotiations. TCF negotiations underway.

13/ 2500 10,000,000 (?)/

09/06 Conservation easement appraisals recently completed.

Owner of core ‘Padgett Branch” parcel(s) have recently agreed to entertain an offer on County acquisition of a conservation easement.

Included in St.Johns-Kissimmee River Link ARC/Florida Forever project. TCF has contacted owner representatives, owners willing to entertain offer of County conservation easement acquisition (“less than fee-simple”). Negotiations in progress.

Padgett Branch/ Triple S Ranch 5,000,000/

Fla Forever

14/ 162 8,000,000 (?)/

06/06 Appraisals underway, due November 2006.

TCF has corresponded with owner, owner has recently indicated a willingness to entertain an offer. Negotiations underway pending completion of appraisals.

A proposed development plan has been submitted to the City of Sebastian for approval consideration but is currently inactive, although the owner has applied for other agency permits (e.g., ACOE). County surveyors have coordinated with City and owner to conduct preliminary survey work of a proposed road extension (Fleming) through north portion of property. Owner has recently indicated a willingness to entertain an offer, appraisals underway.

Sebastian Harbor Preserve 4,000,000/ FCT

15/ 24 1,000,000 (?)/

VanBush (on “Inner Islands) and Nyquist (on Fritz Island) last two private ownerships on groups of “inner” and “outer” islands known as the Lost Tree Islands. FCT cost-share grant strong possibility if owners are willing to sell and terms can be met. Nyquist has expressed an unwillingness to sell in the past. TCF is in the process of attempting to contact to determine willingness of owners to sell.

Lost Tree Islands (remainder-Nyquist and VanBush ownerships)

500,000/ FCT

16/ 2.75 500,000 08/05 Parcel is currently on the market for sale.




Rank/ Est.


Owner Contact



Share/ Mgmt Plan


Wabasso Bridge Archaeo. Site

250,000/ Acquisition proposed for archaeological resource protection and for potential Wabasso Causeway park expansion use. TCF has contacted owner and has initiate negotiations.

FCT

17/ 460 10,000,000 (?)

06/06 Appraisals completed 03/06, subject to revisions based on refinement of PDR parameters.

Ongoing LAAC 9/20/06 consideration of easement parameters.

Agricultural PDR project. Staff has been working with the Sextons regarding development rights/use allowance parameters and assumptions for purposes of PDRs. TCF is in the process of negotiating a purchase option for an agricultural conservation easement. Easement document(s) undergoing attorney / legal review.

Sexton Ranch

Kenansville Ranch (unranked)

2,915 23,000,000 (?) / 11,500,000 ARC

09/06 Appraisals recently completed. Ongoing Ranch located at northwest corner of County, contiguous to State Florida Forever less-than- fee project. Owner representative has indicated that owner willing to sell fee-simple only, not less than fee (i.e., not willing to entertain conservation easement).

Unranked/ ? ? Pending determination of project boundary and project concept in coordination with County Historian, Historic Resources Advisory Committee, and Indian River County Historical Society.

Abandoned RR grades

? ? Pending determination of project boundary and project concept in coordination with County Historian, Historic Resources Advisory Committee and Indian River County Historical Society. County recently awarded a grant from the Division of Historic Resources to update a countywide archaeological survey to account for historic military trails.

Unranked/ Old Seminole War Military Trail

CLOSED/PURCHASED PROPERTIES: Oslo Riverfront (North) Korangy Tract Cairns Tract Sebastian Highlands (AGC) R. Kroegel parcel Wabasso Scrub PINWR -Kennedy Buffer St. Sebastian PUD AGC Industrial Tract Hallstrom Farmstead Green Salt Marsh Sebastian River (Coraci) Prange Islands Fischer - Sebastian River Lost Tree Islands - LTVC




Irwin Tract Flinn Tract IR Blvd. So. mit. & ease. Anstalt tract ORCA South Link Carson Platt tract Spallone Tract Round Island-Swedroe Round Island-Padden Ansin-St. Sebastian River Tract Round Island-deGuzman Round Island-Gilman Judah tract (Oslo riverfront) Harmony Oaks South Oslo - Salama South Oslo - Emerson Round Island-Casey PINWR -Lier Tract Proctor tract Oyster Bar - Simmons Oyster Bar - Andre Oyster Bar – Walker


LAND ACQUISITION ADVISORY COMMITTEE … ACQUISITION ADVISORY COMMITTEE (LAAC) Frannie Atchison -Town...

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