11/12/1991 - Laserfiche WebLink

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_I OV 12 PGE Chairman Bird asked what staff's reaction would be to the Fellsmere Water Control District's suggestion that either the County create a special taxing entity to fund building and maintenance of these roads or have it done through a property owners' association, taking into consideration all of the paramount rights of the District. Director Keating suggested that the Board approve the transmittal and direct staff to work with the County Attorney's Office and Public Works Department to see if we can come up with an LDR change. We have talked about it, but it is difficult to come up with the exact wording. Ideally, it would require certain improvements, particularly the establishment of a property owners' association which would have maintenance responsibilities and the requirement of just basic infrastructure improvements. Paving would not be required because of the low number of lots, and we would apply this just to owners of substantial numbers of these tracts. Carter & Associates currently is working on doing a similar project with properties on the north side of Fellsmere. Director Keating expected there would be time to come up with something between now and final approval, which is usually 5 or 6 months. Public Works Director Jim Davis explained that we are having difficulty getting people living along 130th Avenue to donate right-of-way, which was the subject of discussion at a recent meeting. Commissioner Scurlock understood that there is a way to -acquire right-of-way, pay everyone for it, and allocate that cost back to the assessment and the property owners benefiting from the project. Attorney Vitunac advised that we have tried that before and no one has challenged it successfully. It depends on how many properties and what the benefit would be to each one. He confirmed that we could do that, but another alternative is to form a Municipal Services Taxing Unit (M.S.T.U.) We have the power to condemn right-of-way and pay for it from taxes collected through that whole district. Director Keating cautioned that this can occur only where a subdivision already has taken place, with plats of reclamation. Director Davis wasn't quite sure whether we could go into the incorporated area on an assessment. The City of Fellsmere would have to be cooperative. Although this is in the unincor- porated area, some of the rights-of-way that lead to the area run through the incorporated area. Albert Kahn, owner of the subject property, stated that he purchased this property 32 years ago in 1959 and during those M