Revised 9/26/18 Board of County Commissioners Wakulla County, Florida Agenda Regular Public Meeting Monday, October 1, 2018 @ 5:00 P.M. Invocation Pledge of Allegiance Approval of Agenda: (The Chairman and members of the Board will approve and/or modify the official agenda at this time). Citizens to be Heard (There is a Three (3) minute time limit; non-discussion by Commission; there shall be no debate and no action by the Commission. Citizens will have the opportunity to speak once under the Citizens to be Heard portion of the agenda which will be at the start or end of each meeting). (To ensure fairness and encourage participation, citizens who would like to speak on any item will need to fill out a speaker’s card and turn in to Ms. Taylor prior to the beginning of discussion on that particular item. Citizens are allowed a maximum of 3 minutes to speak.) Awards and Presentations (Members of the Board will have the opportunity to acknowledge members of the community or commendable efforts at this time. Presentations will be made from individuals concerning issue of importance). Retirement/Appreciation Announcement of Cleve Fleming – Commissioner Ralph Thomas (10 Minutes) Proclamation Declaring October 2018 as Florida Native Plant Month in Wakulla County – Commissioner Chuck Hess (5 Minutes) Presentation Relating to the Prevention of Bullying – Donna Clark, WCHD (10 Minutes) Consent (All items contained herein may be voted on with one motion. Consent items are considered to be routine in nature, are typically non-controversial and do not deviate from past Board direction or policy. However, any Commissioner, the County Administrator, or the County Attorney may withdraw an item from the consent agenda, either in writing prior to the meeting, or at the beginning of the meeting and it shall then be voted on individually. Every effort shall be made to provide such a request to the Chairman at least 24 hours before the meeting). 1. Approval of Minutes from the September 17, 2018 Regular Board Meeting (Brent Thurmond, Clerk of Court) 2. Approval of Bills and Vouchers Submitted for September 12, 2018 through September 25, 2018 (Brent Thurmond, Clerk of Court)
Transcript
Revised 9/26/18 Board of County CommissionersWakulla County, Florida
AgendaRegular Public Meeting
Monday, October 1, 2018 @ 5:00 P.M.
Invocation
Pledge of Allegiance
Approval of Agenda: (The Chairman and members of the Board will approve and/or modify the official agenda at this time).
Citizens to be Heard (There is a Three (3) minute time limit; non-discussion by Commission; there shall be no debate and no action by the Commission. Citizens will have the opportunity to speak once under the Citizens to be Heard portion of the agenda which will be at the start or end of each meeting).
(To ensure fairness and encourage participation, citizens who would like to speak on any item will need to fill out a speaker’s card and turn in to Ms. Taylor prior to the beginning of discussion on that particular item. Citizens are allowed a maximum of 3 minutes to speak.)
Awards and Presentations (Members of the Board will have the opportunity to acknowledge members of the community or commendable efforts at this time. Presentations will be made from individuals concerning issue of importance).
Retirement/Appreciation Announcement of Cleve Fleming – Commissioner Ralph Thomas (10 Minutes)
Proclamation Declaring October 2018 as Florida Native Plant Month in Wakulla County – Commissioner Chuck Hess (5 Minutes)
Presentation Relating to the Prevention of Bullying – Donna Clark, WCHD (10 Minutes)
Consent (All items contained herein may be voted on with one motion. Consent items are considered to be routine in nature, are typically non-controversial and do not deviate from past Board direction or policy. However, any Commissioner, the County Administrator, or the County Attorney may withdraw an item from the consent agenda, either in writing prior to the meeting, or at the beginning of the meeting and it shall then be voted on individually. Every effort shall be made to provide such a request to the Chairman at least 24 hours before the meeting).
1. Approval of Minutes from the September 17, 2018 Regular Board Meeting(Brent Thurmond, Clerk of Court)
2. Approval of Bills and Vouchers Submitted for September 12, 2018 through September 25, 2018(Brent Thurmond, Clerk of Court)
3. Request Board Approval to Adopt a Resolution Accepting Dedication of Right-Of Way Within theVillas at Covington Park Subdivision(Nannette Watts, Public Works Administration Director)
4. Request Board Approval of a Resolution Accepting the Bill of Sale for Utilities at the WakullaEnvironmental Institute, Including a Sewer Lift Station and Appurtenant Facilities Located Thereinand Assigning Certain Easement Rights to the County(Nannette Watts, Public Works Administration Director)
5. Request Board Approval of a Resolution Accepting a Deed of Dedication of Right-Of-Way for thePlatted Buck Forest Subdivision Roads(Nannette Watts, Public Works Administration Director)
6. Request Board Approval to Direct Staff to Investigate the Property Located on the Southwest Side ofthe Intersection of Crawfordville Highway and Whiddon Lake Road for Potential Purchase toAccommodate a Road Realignment(Somer Pell, Planning & Community Development Director)
7. Request Board Approval of Temporary Road Closure for the 12th Annual Veteran’s Day Parade onNovember 10, 2018(Jared Miller, Sheriff, WCSO)
Consent Items Pulled for Discussion (Members requesting further information on items placed under “Consent Agenda,” may withdraw those items and place them here, for further discussion).
General Business (General Business items are items of a general nature that require Board directions or pertain to Board policy
Public Hearing(s) (Public Hearings are held as required to receive public comments on matters of special importance or as prescribed by law. For regular Board meetings, public hearings shall be scheduled as the first substantive item on the agenda and heard at the time scheduled for the start of the meeting or as soon thereafter as is possible. Individual speakers are encouraged to adhere to a three (3) minute time limit. The Chairman has the discretion to either extend or reduce time limits, based on the number of speakers)
8. Request Board Approval to Conduct the Public Hearing and Adopt an Ordinance Pertaining to theRegulation of Swimming and Boating Near Public Boat Ramps(Jessica Welch, Communications & Public Services Director)
Planning and Zoning (Members will be provided with planning and zoning amendment requests five (5) business days prior to the scheduled meeting. To the maximum extent possible, all support information and documentation for P&Z items shall be made available through a variety of means including the County website that will provide the public with the greatest opportunity to review documentation at the date of advertisement pursuant to Resolution No. 04-43. “In accordance with Sec. 24.01 of County Code, for all quasi-judicial proceedings each Commission member must disclose all contact received from interested parties and/or their representatives, lobbyists, or any other third parties concerning any application and any personal investigation or knowledge being relied upon during the consideration of any quasi-judicial planning and zoning matters”.)
Commissioner Agenda Items (Items with supporting documentation shall be provided by a Commissioner to the County Administrator three (3) business days prior to the scheduled meeting. Items that are agendaed by Commissioners and fail to gain approval may not be replaced on the agenda by a Commissioner on the non-prevailing side for a period of six (6) months without approval of the Chairman unless there is substantive new information to present).
9. Commissioner Hess a. Request Board Approval of a Proclamation Declaring October 2018 as Florida Native Plant
Month in Wakulla County County Attorney
(County Attorney items are items of a legal nature that require Board direction or represent general information to Board Members, staff or the public).
10. Request Board Direction on Potential Administrative Challenge to Consent Order Between FDEP and
Steve Fults Concerning Fence Constructed on Waters of Lake Ellen, OGC File No. 18-1251 (Heather Encinosa, County Attorney)
County Administrator
(County Administrator items are items that require Board direction or represent general information to Board Members, staff or the public).
Citizens to be Heard (There is a Three (3) minute time limit; non-discussion by Commission; there shall be no debate and no action by the Commission. Citizens will have the opportunity to speak once under the Citizens to be Heard portion of the agenda which will be at the start or end of each meeting).
Discussion Issues by Commissioners (The purpose of this section is for Commissioners to request staff action on various issues, including scheduling of a future agenda item for later Board action, based on the approval of a majority of the Board. No assignments or request for agenda items shall be given to the County Administrator or County Attorney without the express approval of the majority of the Board. The Board shall take no policy action without an agenda item unless such is accomplished through a unanimous vote of the Board. The remarks of each Commissioner during his or her “discussion items” shall adhere to Robert Rules of Order, for proper decorum and civility as enforced by the Chairman.
Adjourn (Any departure from the order of business set forth in the official agenda shall be made only upon majority vote of the members of the Commission present at the meeting) The next Board of County Commissioners Meeting is scheduled for
Monday, October 15, 2018 at 5:00p.m.
Regular Board Meeting and Holiday Schedule
January 2018 – December 2018
January 2018 February 2018 March 2018 S M T W Th F Sa S M T W Th F Sa S M T W Th F Sa 1 2 3 4 5 6 1 2 3 1 2 3
Regular Board Meeting & Workshops Special Meeting Holiday
PUBLIC NOTICE 2018 Tentative Schedule
All Workshops, Meetings, and Public Hearings are subject to change All sessions are held in the Commission Chambers, 29 Arran Road, Suite 101, Crawfordville, FL.
Workshops are scheduled as needed.
Month
Day Time Meeting Type
October 2018 Monday, 1 5:00P.M. Regular Board Meeting
Monday, 8 7:00P.M. Planning Commission Meeting
Monday, 15 5:00P.M. Regular Board Meeting
November 2018 Monday, 5 5:00P.M. Regular Board Meeting
Tuesday, 13 7:00P.M. Planning Commission Meeting
Wednesday, 14 5:30P.M. Code Enforcement Meeting
Monday, 19 5:00P.M. Regular Board Meeting
December 2018 Monday, 3 5:00P.M. Regular Board Meeting
Monday, 10 7:00P.M. Planning Commission Meeting
Board of County Commissioners Agenda Request
Date of Meeting: October 1, 2018 Date Submitted: September 18, 2018 To: Honorable Chairman and Members of the Board
From: Brent X. Thurmond, Clerk of Court Subject: Approval of the Minutes from the September 17, 2018 Regular Board Meeting
Statement of Issue: This agenda item requests Board approval of the minutes from the September 17, 2018 regular Board meeting. Options: 1. Approve the minutes of the September 17, 2018 Regular Board Meeting. 2. Do not approve the minutes of the September 17, 2018 Regular Board Meeting. 3. Board Direction. Recommendation: Option #1 Attachment(s) 1. Draft of Minutes – September 17, 2018 Regular Board Meeting
Board of County Commissioners Regular Public Meeting
Monday, September 17, 2018 The Board of County Commissioners in and for Wakulla County, Florida met for a Regular Public Meeting on Monday, September 17, 2018 at 5:00 p.m. with Chairman Ralph Thomas presiding. Present were Commissioners Randy Merritt, Mike Stewart, Jerry Moore, and Chuck Hess. Also present were County Administrator David Edwards, County Attorney Heather Encinosa and Deputy Clerk Kelly Marks. The Invocation and Pledge of Allegiance were provided by Commissioner Stewart. APPROVAL OF AGENDA (CD5:01) The County Attorney added an Add-On Item to General Business. (CD5:01) Commissioner Merritt moved to approve the agenda as amended; second by Commissioner Hess and the motion passed unanimously, 5/0. CITIZENS TO BE HEARD (CD5:01) Gerald Fielder: Lake Ellen Boat Ramp concerns; Public Records Request regarding the Lake Ellen Lawsuit PUBLIC HEARING (CD5:05) 1. Request Board Approval to Conduct the Second Public Hearing and Adopt the FY2018/2019 Final Millage Rate and Final Budget CHAIRMAN: This is the second of two required public hearings on the Wakulla County Budget for Fiscal Year 2018/2019. If you wish to speak during the public hearing portion of this meeting, please step forward at the appropriate time. The final aggregate millage rate is 8.0000 mills which is 2.43% more than the aggregate rolled-back millage rate of 7.8099 mills. Now the County Administrator will read the final millage rate into the public record. COUNTY ADMINISTRATOR: The proposed Board of County Commissioners of Wakulla County final countywide millage rate is 8.0000 mills which is 2.43% more than the countywide rolled-back millage rate of 7.8099 mills.
CHAIRMAN: I’m opening up the floor for a motion to begin the public hearing. (CD5:06) Commissioner Merritt moved to approve to conduct the Final Public Hearing to adopt the FY2018/2019 Final Millage Rate and Final Budget; second by Commissioner Hess and the motion passed unanimously, 5/0. There were no citizens to be heard. Commissioner Merritt moved to close the Public Hearing; second by Commissioner Hess and the motion passed unanimously, 5/0. CHAIRMAN: Florida Statutes require the Board to address the final millage rate before addressing the final budget. The Board must vote on the millage rate and the budget separately. I will now entertain the following motions: (CD5:06) Commissioner Merritt moved to approve the Board of County Commissioners FY2018/2019 Final Countywide Millage Rate of 8.0000 mills; second by Commissioner Moore and the motion passed unanimously, 5/0. (CD5:07) Commissioner Merritt moved to approve the Board of County Commissioners FY2018/2019 Final Budget as presented on July 16, 2018 and as amended through the agenda process today; second by Commissioner Stewart and the motion passed 5/0. (CD5:07) 2. Request Board Approval to Conduct the Public Hearing and Adopt an Ordinance Amending Chapter 5 of the Land Development Code Pertaining to Zoning District Regulations Commissioner Merritt moved to Approve to Conduct a Public Hearing and Approve the Ordinance Amending Chapter 5 of the Land Development Code Pertaining to Zoning District Regulations; second by Commissioner Stewart and the motion passed 5/0. AWARDS AND PRESENTATIONS None CONSENT AGENDA (CD5:08) Commissioner Merritt moved to approve the consent agenda; second by Commissioner Stewart and the motion passed unanimously, 5/0. 3. Approval of Minutes from the September 4, 2018 Regular Board Meeting Approve – Minutes from the September 4, 2018 Regular Board Meeting
4. Approval of Bills and Vouchers Submitted for August 29, 2018 through September 11, 2018 Approve – Payment of Bills and Vouchers Submitted for August 29, 2018 through September 11, 2018 5. Request Board Approval to Accept and Award ITB No. 2018-24 Wakulla County Lawn Maintenance to North Florida Lawn and Tree, LLC and Approval of the Agreement Approve – Accept and Award ITB No. 2018-24 Wakulla County Lawn Maintenance to North Florida Lawn and Tree, LLC and Approval of the Agreement 6. Request Board Approval of a Resolution Authorizing the Chairman to Execute and Enter Into the FDOT Small County Road Assistance Program (SCRAP) Agreement for the Survey, Design, and Permitting Phases for the Widening and Resurfacing of Aaron Strickland Road, Approval of the FDOT SCRAP Agreement in the Amount of $42,976.00, and Approval of Dewberry Preble-Rish Work Authorization No. 18-30 in the Amount of $42,976.00 Approve – Resolution Authorizing the Chairman to Execute and Enter Into the FDOT Small County Road Assistance Program (SCRAP) Agreement for the Survey, Design, and Permitting Phases for the Widening and Resurfacing of Aaron Strickland Road, Approval of the FDOT SCRAP Agreement in the Amount of $42,976.00, and Approval of Dewberry Preble-Rish Work Authorization No. 18-30 in the Amount of $42,976.00 7. Request Board Approval of a Resolution Authorizing the Chairman to Execute and Enter Into the FDOT Small County Road Assistance Program (SCRAP) Agreement for the Design and Construction Phases for the Resurfacing of Andrew J. Hargrett Road and Approval of the FDOT SCRAP Agreement in the Amount of $99,689.00 Approve – Resolution Authorizing the Chairman to Execute and Enter Into the FDOT Small County Road Assistance Program (SCRAP) Agreement for the Design and Construction Phases for the Resurfacing of Andrew J. Hargrett Road and Approval of the FDOT SCRAP Agreement in the Amount of $99,689.00 8. Request Board Approval of a Resolution Authorizing the Chairman to Execute and Enter Into the FDOT Small County Outreach Program (SCOP) Agreement for the Design and Construction Phases for the Widening and Resurfacing of Wakulla Springs Road (CR 61), Approval of the FDOT SCOP Agreement in the Amount of $1,642,919.00, and Approval of Dewberry Preble-Rish Work Authorization No. 18-31 in the Amount of $147,934.00 Approve – Resolution Authorizing the Chairman to Execute and Enter Into the FDOT Small County Outreach Program (SCOP) Agreement for the Design and Construction Phases for the Widening and Resurfacing of Wakulla Springs Road (CR 61), Approval of the FDOT SCOP Agreement in the Amount of $1,642,919.00, and Approval of Dewberry Preble-Rish Work Authorization No. 18-31 in the Amount of $147,934.00
9. Request Board Approval to Authorize Inspired Technologies, Inc. to Install Fiber Connectivity to the Trice Lane Complex Approve – Authorize Inspired Technologies, Inc. to Install Fiber Connectivity to the Trice Lane Complex 18. Request Board Approval of Administrative Regulation 8.04, Approval of a Fee Resolution, and Approval to Schedule and Advertise a Public Hearing to Adopt an Ordinance Amending Section 7-20 of the Land Development Code Pertaining to Development Plan Reviews and Inspections for New Subdivisions Approve – Administrative Regulation 8.04, Approval of a Fee Resolution, and Approval to Schedule and Advertise a Public Hearing to Adopt an Ordinance Amending Section 7-20 of the Land Development Code Pertaining to Development Plan Reviews and Inspections for New Subdivisions CONSENT ITEMS PULLED FOR DISCUSSION None GENERAL BUSINESS (CD5:09) Add-On Item: Request Board Approval to Seek the Creation of the Wakulla County Airport Authority and Transfer of the Wakulla County Airport to the Wakulla County Airport Authority Commissioner Merritt moved to approve to Approve the Resolution and the Proposed Special Act in substantial form to move forward with the Special Act to create the Wakulla County Airport Authority with the contingences that the Legislative Delegation is on board and that Staff bring the survey back once it is finalized, and to change the number of Board members from 5 to 3 members; second by Commissioner Stewart and the motion passed unanimously, 3/1 with Commissioners Thomas, Merritt, and Stewart voting for and Commissioner Hess voting against. Commissioner Moore abstaining from voting and filing form 8B Memorandum of Voting Conflict. PLANNING AND ZONING (CD5:32) 10. Application for Change of Zoning R17-14 (Golden Construction Company, Inc., Applicant) Commissioner Merritt moved to approve to Conduct the final Public Hearing and Adopt the proposed Ordinance, amending the Official Zoning from AG to C2, based upon the Planning Commission’s recommendation and the findings of fact and conclusions of law made by the Board and any evidence submitted at the Hearing hereon; second by Commissioner Moore and the motion passed unanimously, 5/0.
(CD5:36) 11. Application for Change of Zoning R18-09 (Land of Wakulla, Inc., Applicant) Commissioner Merritt moved to approve to Conduct the final Public Hearing and Adopt the proposed Ordinance, amending the Official Zoning from RR1 to LIC, based upon the and the findings of fact and conclusions of law made by the Board and any evidence submitted at the Hearing hereon; second by Commissioner Hess and the motion passed unanimously, 5/0. (CD5:37) 12. Application for Change of Zoning R18-11 (Gulf Specimen Marine Lab, Applicant) Commissioner Merritt moved to approve to Conduct the final Public Hearing and Adopt the proposed Ordinance, amending the Official Zoning from R1 to C4, based upon the findings of fact and conclusions of law made by the Board and any evidence submitted at the Hearing hereon; second by Commissioner Hess and the motion passed unanimously, 5/0. (CD5:39) 13. Application for Change of Zoning R18-06 (Stanley Price & Lee Knowles, Applicants) Commissioner Merritt moved to approve to Conduct the final Public Hearing and Adopt the proposed Ordinance, amending the Official Zoning from R1 to PUD, based upon the findings of fact and conclusions of law made by the Board and any evidence submitted at the Hearing hereon; second by Commissioner Moore and the motion passed unanimously, 5/0. (CD6:00) 14. Application for Final Plat FP18-01 for Scenic Stream Phase 3 (BCB FLP, LLC, Owner) Commissioner Merritt moved to approve to Conduct the final Public Hearing and Approve the Application for Final Plat FP18-01 and accept the Maintenance Agreement and Bond, based upon the Planning Commission’s recommendation and the findings of fact and conclusions of law made by the Board and any evidence submitted at the Hearing hereon; second by Commissioner Moore and the motion passed unanimously, 5/0. 15. Request Board Approval to Conduct the Public Hearing and Transmittal of a Large Scale Comprehensive Plan Map Amendment to the Comprehensive Plan Future Land Use Map CP18-09 (Cutchin Properties & Parrish Group, Applicants, Urban Catalyst Consultants, Agent) (This Item Has Been Tabled to a Future Board Meeting)
16. Request Board Approval to Conduct the Public Hearing and Transmittal of a Large Scale Comprehensive Plan Map Amendment to the Comprehensive Plan Future Land Use Map CP18-10 (Cutchin Properties & Parrish Group, Applicants, Urban Catalyst Consultants, Agent) (This Item Has Been Tabled to a Future Board Meeting)
17. Request Board Approval to Close/Abandon a Portion of Harry Morrison Road (Ralph Meadows, Applicant) (This Item Has Been Tabled to a Future Board Meeting) COMMISSIONER AGENDA ITEMS None COUNTY ATTORNEY None COUNTY ADMINISTRATOR (CD6:02) Apply for the $500,000 Grant from DEP for the Sewer Feasibility Master Plan (CD6:02) DEP will send out information regarding the Septic Tank Abatement Program CITIZENS TO BE HEARD None DISCUSSION ISSUES BY COMMISSIONERS (CD6:05) COMMISSIONER MERRITT – Regional Planning Council received a $63,000 Grant to set up GIS systems; Sopchoppy received a $25,000 Competitive Florida Grant from DEO; Thank David Edwards for all the good work (CD6:11) COMMISSIONER THOMAS – Floating Dock Grant information (CD6:12) COMMISSIONER MOORE – Land Swap with the Forest Service for the Rec Park update; 5G Internet with Verizon update; Oyster Business update (CD6:16) There being no further business to come before the Board, Commissioner Merritt made a motion to adjourn; second by Commissioner Moore and the motion passed unanimously, 5/0. The meeting adjourned at 6:16 p.m.
Board of County Commissioners Agenda Request
Date of Meeting: October 1, 2018 Date Submitted: September 18, 2018 To: Honorable Chairman and Members of the Board
From: Brent X. Thurmond, Clerk of Court
Subject: Approval for Payment of the Bills and Vouchers Submitted for September 12,
2018 through September 25, 2018 Statement of Issue: This agenda item requests Board approval for payment of the bills and vouchers submitted for September 12, 2018 through September 25, 2018. Background: It is the policy of the Board to pre-approve payment of the bills and vouchers prior to the release of funds. Options: 1. Approve payment of the bills and vouchers submitted for September 12, 2018 through September 25,
2018. 2. Do not approve payment of the bills and vouchers submitted for September 12, 2018 through
September 25, 2018. 3. Board direction. Recommendation: Option #1 Attachment(s) 1. Statement of the bills and vouchers submitted for September 12, 2018 through September 25, 2018
Board of County Commissioners Agenda Request
Date of Meeting: October 1, 2018 Date Submitted: September 17, 2018
To: Honorable Chairman and Members of the Board
From: J. David Edwards, County Administrator
Nannette Watts, Public Works Administration Director Subject: Request Board Approval to Adopt a Resolution Accepting Dedication of
Right-Of-Way Within the Villas At Covington Park Platted Subdivision Statement of Issue: This agenda item requests Board approval to adopt a resolution accepting the dedication of right-of-way within the Villas at Covington Park platted subdivision. Background: The Villas at Covington Park Subdivision are located off Arran Road. The plat for the Villas at Covington Park subdivision dedicate to the perpetual use of the public all roads, streets, utility and drainage easements. In addition, the County has received a petition from the HOA requesting that the County accept the dedicated roadway (Attachment #1). The roadway improvements have been inspected by Public Works and determined to be in compliance with Wakulla County standards (Attachment #2). Analysis: Pursuant to Section 7-42(5)(b) of the Wakulla County Land Development Code, the entity responsible for ownership and maintenance of the street improvements may petition the County to accept the street improvements for ownership and maintenance purposes. All such dedications must be accepted by the County by the adoption of a Resolution. Therefore, staff requests approval of the proposed Resolution (Attachment #3) accepting the dedication of right-of-way within the Villas at Covington Park platted subdivision. Budgetary Impact: The only anticipated cost to the County associated with this item will be for the roadway maintenance which will be paid out of the Road Operating Fund. Options: 1. Approve to adopt the Resolution accepting the right-of-way within the Villas at Covington
Park platted subdivision. 2. Do not approve to adopt the Resolution accepting the right-of-way within the Villas at
Covington Park platted subdivision. 3. Board direction.
Request Board Approval to Adopt a Resolution Accepting Dedication of Right-Of-Way Within the Villas at Covington Park Platted Subdivision October 1, 2018 Page 2 Recommendation: Option #1. Attachment: 1. Petition of Homeowners Association for the Villas at Covington Park 2. Certification of Roadway Superintendent 3. Resolution
RESOLUTION NO. 2018-________
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, ACCEPTING DEDICATION OF RIGHT-OF-WAY WITHIN THE VILLAS AT COVINGTON PARK PLATTED SUBDIVISION FOR PUBLIC OWNERSHIP AND MAINTENANCE IN ACCORDANCE WITH SECTION 7-42(5)(b) OF THE WAKULLA COUNTY LAND DEVELOPMENT CODE; PROVIDING CERTAIN FINDINGS;PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the final plat for the Villas at Covington Park subdivision was recorded in or about March, 2005 and contains a dedication of Covington Circle to the public; and
WHEREAS, pursuant to Section 7-42(5)(b) of the Wakulla County Land Development Code, after petition by the entity responsible for ownership and maintenance of the street improvements and inspection and certification by the County of the road improvements, all such dedications of roadways may be accepted by Wakulla County, which acceptance must be evidenced by the adoption of a resolution;
WHEREAS, the County has received a petition from the Home Owners Association for the Villas at Covington Park subdivision to accept the dedicated roadway, which is attached hereto as Exhibit 1, and the roadway improvements have been inspected and certified as being in compliance with Wakulla County standards by the road superintendent, which is attached hereto as Exhibit 2; and
WHEREAS, it is in the best interest of the County to accept the roadway dedication for the health, safety and welfare of the citizens of Wakulla County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Wakulla County, Florida, as follows:
Section 1. The above Recitals are incorporated into the body of this Resolution and such Recitals are adopted as findings of fact.
Section 2. The Board of County Commissioners hereby accepts for public ownership and maintenance the dedication of the Covington Circle right-of-way included in that certain Villas at Covington Park subdivision recorded at Plat Book 4, Page 13.
Section 3. This resolution shall be effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Wakulla County, Florida, this 1st day of October, 2018.
BOARD OF COUNTY COMMISSIONERS WAKULLA COUNTY, FLORIDA
BY: ______________________________________ Ralph Thomas, Chairman ATTEST: By: _______________________________ Brent X. Thurmond, Clerk APPROVED AS TO FORM AND CONTENT: By: _______________________________ Heather J. Encinosa, County Attorney
EXHIBIT 1
Petition of Home Owners Association for the Villas at Covington Park
EXHIBIT 2
Certification of Roadway Superintendent
Board of County Commissioners Agenda Request
Date of Meeting: October 1, 2018 Date Submitted: September 14, 2018 To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator
Nannette Watts, Public Works Administration Director Subject: Request Board Approval of a Resolution Accepting the Bill of Sale for
Utilities at the Wakulla Environmental Institute, Including a Sewer Lift Station and Appurtenant Facilities Located Therein and Assigning Certain Easement Rights to the County
Statement of Issue: This agenda item requests Board approval of a Resolution accepting the Bill of Sale for utilities at the Wakulla Environmental Institute, including a sewer lift station and appurtenant facilities located therein and assigning certain easement rights to the County. Background: When Tallahassee Community College made plans to build the Wakulla Environmental Center, they consulted with the County in order to build a lift station that would be in compliance with the County’s specifications, with the knowledge that the County would accept the lift station upon completion. Staff has inspected the lift station and it is in compliance with County specifications. Analysis: Wakulla County is continuing to move forward with sewer expansion projects in an effort to protect our groundwater and springs. The lift station located at the Wakulla Environmental Institute is an ideal location to provide future sewer access as the County continues to grow. Therefore, this item requests Board approval to accept a bill of sale for utilities at the Wakulla Environmental Institute, including a sewer lift station and appurtenant facilities located therein and assigning certain easement rights to the County. Budgetary Impact: The budgetary impact for the acceptance of this lift station would be approximately $40 per month for electric and water service, along with annual maintenance which should be no more than $100 per year.
Request Board Approval of a Resolution Accepting the Bill of Sale for Utilities at the Wakulla Environmental Institute, Including a Sewer Lift Station and Appurtenant Facilities Located Therein and Assigning Certain Easement Rights to the County October 1, 2018 Page 2 Options: 1. Approve the Resolution accepting the Bill of Sale for utilities at the Wakulla Environmental
Institute, including a sewer lift station and appurtenant facilities located therein and assigning certain easement rights to the County.
2. Do not approve the Resolution accepting the Bill of Sale for utilities at the Wakulla Environmental Institute, including a sewer lift station and appurtenant facilities located therein and assigning certain easement rights to the County.
3. Board Direction. Recommendation: Option #1 Attachment(s): 1. Resolution 2. Bill of Sale
RESOLUTION NO. 2018-______ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, ACCEPTING A BILL OF SALE FOR UTILITIES AT THE WAKULLA ENVIRONMENTAL INSTITUTE, INCLUDING A SEWER LIFT STATION AND APPURTENANT FACILITIES LOCATED THEREIN AND ASSIGNING CERTAIN EASEMENT RIGHTS TO THE COUNTY.
RECITALS WHEREAS, the District Board of Trustees of Tallahassee Community College, owners of the Wakulla Environmental Institute located at 170 Preservation Way, Crawfordville, FL, have caused to be executed and presented to the County a Bill of Sale for Real and Personal Property, attached hereto as composite Exhibit "A", incorporated by reference and made a part hereof; and WHEREAS, the County has been requested to accept conveyance of the easement, lift station, and other appurtenant facilities so that it can be maintained and operated by the County as part of the County’s wastewater collection system; and WHEREAS, it is in the best interest of the County to accept the Bill of Sale for Real and Personal Property for the protection of the health, safety, and welfare of the citizens of Wakulla County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Wakulla County, Florida, as follows: Section 1. The above Recitals are incorporated into the body of this Resolution and such Recitals are adopted as findings of fact. Section 2. The Board of County Commissioners hereby accepts the Bill of Sale for Real and Personal Property, which is attached as Exhibit A and incorporated herein by reference. Section 3. The Clerk is instructed to record the original Bill of Sale for Real and Personal Property in the Public Records of Wakulla County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Wakulla County, Florida, this 1st day of October, 2018. [Remainder of Page Left Blank Intentionally]
BOARD OF COUNTY COMMISSIONERS WAKULLA COUNTY, FLORIDA By: Ralph Thomas, Chairman ATTEST: By: Brent X. Thurmond, Clerk APPROVED AS TO FORM AND CONTENT: By: ____________________________________ Heather J. Encinosa, County Attorney
EXHIBIT A
Board of County Commissioners Agenda Request
Date of Meeting: October 1, 2018 Date Submitted: September 14, 2018
To: Honorable Chairman and Members of the Board
From: J. David Edwards, County Administrator
Nannette Watts, Public Works Administration Director Subject: Request Board Approval of a Resolution Accepting a Deed of Dedication of
Right-Of-Way for the Platted Buck Forest Subdivision Roads Statement of Issue: This agenda item requests Board approval of a Resolution accepting a Deed of Dedication of right-of-way for the platted Buck Forest Subdivision roads. Background: On April 6, 2015 the County approved Administrative Regulation (AR) 10.01 Private Road Ownership and Maintenance Acceptance (Attachment 1). The purpose of this Administrative Regulation is to provide reasonable opportunities for citizens and/or Property Owner Associations, who are responsible for maintenance of existing private roads within residential subdivisions, to petition the County to accept dedication for ownership and thereafter provide perpetual maintenance of said roadway(s). This procedure is not intended to apply to roads in platted subdivisions that have been dedicated to the public but not yet accepted by the County. Buck Forest Subdivision is located on the Eastern side of Wakulla County. It consists of three roads: Kinsey Road, Quail Run and Pine Lane. The plat for the Buck Forest subdivision reserved all roads and streets for private use and stated that they were not dedicated to the public. The roads in the subdivision are owned by the homeowners association (Attachment 2). On January 8, 2018, the Buck Forest Property Owners Association (BFPOA) requested that the County accept the roads and rights-of-way (ROWs) located within the subdivision (Attachment 3). The BFPOA petitioned the residents and received the necessary majority approval, according to their by-laws. The roads and ROWs conditions are dirt, road base maintained and grassy swales. At the entrance into the subdivision on Kinsey Road, there is a small portion of pavement that is not in compliance with Wakulla County standards. The County received a quote to resurface this area and the BFPOA agreed to pay for the cost of the needed improvements. The remainder of the roads have been inspected and certified as being in compliance with Wakulla County standards. On August 6, 2018, the Board approved to proceed with the acceptance of roads within the Buck Forest Platted Subdivision in accordance with AR: 10.01 Private Road Ownership and Maintenance Acceptance.
Request Board Approval of a Resolution Accepting a Deed of Dedication of Right-Of-Way for the Platted Buck Forest Subdivision Roads October 1, 2018 Page 2 Following Board approval to move forward with the acceptance process, it will be the responsibility of the Property Owners to obtain all right-of-way deeds and necessary releases, fulfill the cost obligation for completion of the required engineered construction plans, and the cost associated with bringing the road(s) into compliance with the required Design and Construction Standards. Preparation of plans and commencement of construction shall not begin until the following are complete: (1) the financial obligations are met through either a cashier’s check or the implementation of an alternative funding source and (2) the Board of County Commissioners has approved the final acceptance of the dedication for ownership of the road(s) by adopting a resolution to accept all Right-of-way deeds. Analysis: All requirements of AR 10.01 have been satisfied. The BFPOA has provided the Warranty Deed (Attachment 4) to the County, the legal description of the roads have been verified by Edwin G. Brown & Associates, Inc. (Attachment 5), a check to cover the costs associated with bringing the road into compliance ($14,140) has been delivered to the County in accordance with AR: 10.01, and staff has verified that the property taxes have been paid to date (Attachment 6). Staff feels it is in the best interest of the County to accept the Warranty Deed for the roadways for the health, safety, and welfare of the citizens of Wakulla County. Therefore, staff is requesting Board approval of a Resolution accepting a Deed of Dedication of right-of-way for the platted Buck Forest Subdivision roads. Upon adoption of the Resolution (Attachment 7) to accept the Right-of-Way Deed, staff will complete all necessary improvements to bring the roadways into compliance and the roads will then become County maintained roads. Budgetary Impact: The only anticipated cost to the County associated with this item will be ongoing roadway maintenance. Options: 1. Approve the Resolution accepting a Deed of Dedication of right-of-way for the platted Buck
Forest Subdivision roads and direct staff to commence and complete all improvements needed to bring the deeded roadways into compliance with County standards.
2. Do not approve the Resolution accepting a Deed of Dedication of right-of-way for the platted Buck Forest Subdivision roads and do not direct staff to commence and complete all improvements needed to bring the deeded roadways into compliance with County standards.
3. Board Direction. Recommendation: Option #1.
Request Board Approval of a Resolution Accepting a Deed of Dedication of Right-Of-Way for the Platted Buck Forest Subdivision Roads October 1, 2018 Page 3 Attachment(s). 1. AR 10.01 2. Title Opinion 3. BFPOA Letter 4. Warranty Deed 5. Edwin G. Brown & Associates Letter 6. Buck Forest Property Owners Association Tax Receipt 7. Resolution
AR: 10.01 April 6, 2015
Private Road Ownership and Maintenance Public Works Acceptance PURPOSE: A. To provide reasonable opportunities for citizens and/or Property Owner Associations, who are responsible for maintenance of existing private roads within residential subdivisions, to petition the County to accept dedication for ownership and thereafter provide perpetual maintenance of said roadway(s). This procedure is not intended to apply to roads in platted subdivisions that have been dedicated to the public but not yet accepted by the County.
B. To improve the quality of life, health, safety and welfare of the citizens of Wakulla County by establishing specific standards, guidelines and procedures as they relate to the County’s consideration of public dedication and acceptance of ownership of existing privately owned and maintained residential roadways for the purpose of perpetual use by the Public and maintenance by the County.
PROCEDURES:
A. General Requirements: All petitions for private residential road dedication and acceptance for ownership and maintenance shall, at a minimum, include the following:
1. A petition which represents 100 percent approval from all owners of the
right-of-way. 2. Contact information for all property owners included within the request,
including: name, address and phone number. Additionally, one representative should be appointed and authorized by all property owners to act on their behalf.
ADMINISTRATIVE REGULATION DATE APPROVED:
SUBJECT: DEPARTMENT:
AR: 10.01 PAGE 2
3. Survey and legal description for area of proposed right-of-way dedication.
The survey shall show all infringements and encroachments. 4. Current Title Opinion(s) for all properties on which there is right-of-way to
be dedicated. 5. Prepared right-of-way deeds for each property owner proposing to
dedicate right-of-way. 6. Release of Lien(s) for the right-of-way to be dedicated for any and all
properties that are mortgaged or otherwise encumbered. 7. Demonstration of compliance with applicable Design and Construction
Standards set forth in this Policy, applicable Sections of the Wakulla County Code, as amended, and the Transportation Element of the Comprehensive Plan, as amended, based on acceptable engineering practices.
B. Design and Construction Standards for Existing Unpaved Road(s):
1. The minimum right-of-way dedicated to the perpetual use of the Public shall be 60 feet wide, unless otherwise approved. In the event the roadway ends with a cul-de-sac, the minimum right-of-way width may be reduced to 50 feet, unless otherwise approved.
2. Minimum right-of-way radius for cul-de-sacs shall be 100 feet with a minimum driving surface radius of 80 feet.
3. All roadway intersections shall provide a minimum 40 foot return radius. 4. All required regulatory safety and street signs must be in place. 5. The road(s) shall be repaired and graded with a minimum driving surface
of 20 feet. 6. Roadside swales shall be created with a minimum 1-foot depth along
graded surface. 7. Culverts and/or ditch blocks shall be installed at each driveway access; to
be determined based on site specific topography. 8. Driving surface of right-of-way may be required to be stabilized with
number 57 gravel or its equivalent, to be determined on a case-by-case basis through the development of the construction plans.
C. Design and Construction Standards for Existing Paved Road(s):
1. The minimum right-of-way dedicated to the perpetual use of the Public shall be 60 feet wide, unless otherwise provided for by the Transportation Element, Policy 2.1 of the Comprehensive Plan, as it may be amended.
2. The road must be in compliance with applicable Design and Construction Standards set forth Section 6-21 and Sections 7-41, 7-42 and 7-43 of the Wakulla County Code, as amended, and the Transportation Element of the Comprehensive Plan, as amended, and shall be based on acceptable engineering practices.
AR: 10.01 PAGE 3
D. Process:
1. Upon submittal of a petition to Public Works, for the County to consider acceptance of dedication for ownership and maintenance of private residential roadways, staff will inspect the road(s) to determine compliance with the Design and Construction Standards set forth by this Policy, and applicable County Codes and Policies within the Comprehensive Plan. In the event that the road(s) fail to meet these standards, staff may prepare a cost estimate, based on continuing service contract pricing to address road deficiencies. Additionally, staff may engage the County’s continuing service engineer to prepare a cost estimate for preparation of the construction plans. Upon completion of the cost estimates, the Property Owners authorized representative will be notified of the deficiencies and cost estimates.
2. Staff will prepare an Agenda Request seeking Board Direction to move
forward with the acceptance process, which includes preparation of construction plans, acquisition of right-of-way, proposed funding mechanism and commencement of roadway improvements. Approval, if granted, shall be conditioned upon receipt of funding for such construction plans, related road improvements and recording of Right-of-Way deeds. At this time, the Board of County Commissioners may consider a reduction of the required right-of-way to be dedicated based on environmental, legal or physical constraints which may exist that prevent the expansion of such right-of-way to the minimum required width, so long as public safety is not jeopardized. In no instance shall the right-of-way dedication be reduced to less than 40 feet in width. By seeking approval to reduce the minimum required right-of-way width, the Property Owners acknowledge that the road(s) will not be eligible for future paving improvements due to insufficient right-of-way.
3. Fulfillment of the financial obligations associated with the cost of
preparing construction plans and completing roadway improvements may include the following methods, upon approval by the Board of County Commissioners:
a. A cashier’s check for the full amount of the associated costs;
b. Ad Valorem millage through a Municipal Service Taxing Unit; or c. Special Assessments.
AR: 10.01 PAGE 4
4. Following Board approval to move forward with the acceptance process, it
will be the responsibility of the Property Owners to obtain all right-of-way deeds and necessary releases, fulfill the cost obligation for completion of the required engineered construction plans, and the cost associated with bringing the road(s) into compliance with the required Design and Construction Standards. Preparation of plans and commencement of construction shall not begin until the following are complete: (1) the financial obligations are met through either a cashier’s check or the implementation of an alternative funding source provided in section 3. above and (2) the Board of County Commissioners has approved the final acceptance of the dedication for ownership of the road(s) by adopting a resolution to accept all Right-of-way deeds.
5. Upon submittal of the funds or implementation of a funding source for the
required construction plans, associated improvements and recording of the Right-of-Way deeds, staff will work with the continuing service contract engineer to prepare the construction plans. The construction plans shall be designed compliant with this policy, applicable standards within the Code, Policies in the Comprehensive Plan and shall be based on acceptable engineering practices. Additionally, construction plans shall be approved by the Public Works Department.
6. Any road which is currently gated to prevent access shall remain open at
all times and obstructions shall be completely removed immediately upon acceptance of the roadway dedication for ownership and maintenance by the Board of County Commissioners.
Edwin G. Brown & Associates, Inc. SURVEYORS * MAPPERS
September 7, 2018 Alan El Urfali Buck Forest Property Owners Association P.O. Box 343 St. Marks, FL 32355-0343 [email protected] Mr. El Urfali, Upon your request we have reviewed Exhibit “A” of the proposed Warranty deed between Buck Forest Property Owners Association & Wakulla County that you provided to us. It has been determined that it properly describes the Roadway system in the unrecorded Phases #2, & #3 of Buck Forest Subdivision as well as the Recorded plat of Buck Forest recorded in Plat Book 2, Pages 87-89 in the Public Records of Wakulla County, Florida. Sincerely, Wade G. Brown, PSM President – Edwin Brown & Associates
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, ACCEPTING A DEED OF DEDICATION OF RIGHT-OF-WAY FOR KINSEY ROAD, PINE LANE, AND QUAIL RUN LYING WITHIN THE BUCK FOREST SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGES 87-89 OF THE PUBLIC RECORDS OF WAKULLA COUNTY, FLORIDA; PROVIDING FOR RECORDING OF THE WARRANTY DEED; DIRECTING STAFF TO COMMENCE AND COMPLETE ALL IMPROVEMENTS NEEDED TO BRING THE DEEDED ROADWAYS INTO COMPLIANCE WITH COUNTY STANDARDS.
RECITALS
WHEREAS, in accordance with Administrative Regulation 10.01, the Buck Forest Property Owners Association, Inc., (the “POA”) as fee simple owner of the Kinsey Road, Pine Lane, and Quail Run rights-of-way lying within the recorded plat of Buck Forest Subdivision, recorded in Plat Book 2, Pages 87-89 of the public records of Wakulla County, Florida, (the “Roadways”) requested that Wakulla County accept the Roadways for public ownership and maintenance; and WHEREAS, all requirements of Administrative Regulation 10.01 have been satisfied, including the proffer of funds by the POA to bring the Roadways into compliance with the County’s standards and satisfaction by the POA of any and all exceptions and encumbrances, including taxes accruing through the date of transfer; and WHEREAS, the POA has executed and presented to the County the Warranty Deed, attached hereto as Exhibit "A", which is incorporated by reference and made a part hereof; and WHEREAS, it is in the best interest of the County to accept the Warranty Deed for the Roadways for the health, safety, and welfare of the citizens of Wakulla County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Wakulla County, Florida, as follows: Section 1. The above Recitals are incorporated into the body of this Resolution and such Recitals are adopted as findings of fact. Section 2. The Board of County Commissioners hereby accepts the Warranty Deed attached as Exhibit A. Section 3. The Clerk is instructed to record the original Warranty Deed in the Public Records of Wakulla County, Florida. Section 4. County staff is directed to commence and complete all necessary improvements to bring the Roadways into compliance with the County’s standards outlined in Administrative Regulation 10.01. PASSED AND ADOPTED by the Board of County Commissioners of Wakulla County, Florida, this day of , 2018.
BOARD OF COUNTY COMMISSIONERS WAKULLA COUNTY, FLORIDA By: Ralph Thomas, Chairman ATTEST: By: Brent X. Thurmond, Clerk APPROVED AS TO FORM AND CONTENT: By: __________________________ Heather J. Encinosa, County Attorney
EXHIBIT A
Board of County Commissioners Agenda Request
Date of Meeting: October 1, 2018
Date Submitted: September 14, 2018
To: Honorable Chairman and Members of the Board
From: David Edwards, County Administrator Somer Pell, Planning & Community Development Director Melissa Corbett, Senior Planner
Subject: Request Board Approval to Direct Staff to Investigate the Property Located on the Southwest Side of the Intersection of Crawfordville Highway and Whiddon Lake Road for Potential Purchase to Accommodate a Road Realignment
Statement of Issue: This agenda item requests Board approval to direct staff to investigate the property located on the southwest side of the intersection of Crawfordville Highway and Whiddon Lake Road for potential purchase to accommodate a road realignment. Background: Staff has periodically met with representatives of the Florida Department of Transportation (FDOT) to discuss the Crawfordville Highway four-laning project. At the last of these meetings, staff requested that FDOT consider realigning East Ivan Road and Whiddon Lake Road so that they meet each other at a signalized intersection when the portion of Crawfordville Highway that they connect with is four-laned. This was presented due to concerns over safety and traffic congestion for the area, even after the four-laning project is complete. FDOT staff were not receptive to the proposal and County staff began to discuss the option of the County obtaining the property necessary for a realignment. Staff has approached the owner of the property located at 18 Private Drive, which is on the southwestern side of the intersection of Crawfordville Highway and Whiddon Lake Road, to gage their interest in selling all or a portion of the property to the County. This land could be utilized to realign the eastern end of Whiddon Lake Road so that it aligns with the current location of East Ivan Road. The property owner has indicated that he is willing to consider a potential sale and has given permission for an appraisal to be completed. Analysis: The property at 18 Private Drive is shown to contain 18.23 acres and has four residential dwellings located on it per the Wakulla County Property Appraiser’s website (Attachment #1). Whiddon Lake Road is situated to the north of this property and Crawfordville Highway abuts the parcels on its eastern side. The FEMA flood zone designations for the property are zones A and X. Zone A is part of
Request Board Approval to Direct Staff to Investigate the Property Located on the Southwest Side of the Intersection of Crawfordville Highway and Whiddon Lake Road for Potential Purchase to Accommodate a Road Realignment October 1, 2018 Page 2
the one hundred year flood zone where structures may have to be elevated and Zone X is at risk for minimal flooding. Additionally, this land abuts the northern boundary of the Crawfordville Town Plan. It is important to note that when staff met with representatives from FDOT, the possibility of moving East Ivan Road to align with the current location of Whiddon Lake Road was discussed. FDOT indicated that they have stormwater facilities planned for the area where the road could be relocated to and that is why they were reluctant to accommodate the realignment of East Ivan Road. During conversations with the property owner, he indicated that he would want the Board to provide direction to staff to pursue investigating this property for potential purchase. Thus, that is the reason that this agenda item is being brought forward. A letter has been received from the property owner (Attachment #2). The aforementioned letter speaks to use of eminent domain for the County to acquire the property. Staff has informed the property owner that if he is not interested in selling his land to the County, then this issue will be dropped and there is no intent to pursue acquiring the parcel through the eminent domain process. Budgetary Impact: Should the Board direct staff to investigate the property for potential purchase, then a survey and appraisal of the parcel will be completed to assess its current value. This information will then be utilized by staff to negotiate a potential purchase agreement, which would be brought back to the Board for consideration. Options: 1. Approve to direct staff to investigate the property located on the southwest side of the
intersection of Crawfordville Highway and Whiddon Lake Road for potential purchase to accommodate a road realignment.
2. Do not approve to direct staff to investigate the property located on the southwest side of the intersection of Crawfordville Highway and Whiddon Lake Road for potential purchase to accommodate a road realignment.
3. Board Direction. Recommendation: Option #1 Attachment(s): 1. Map of Property 2. Letter from Property Owner
Wakulla County, FL
Developed by
Parcel ID 18-3S-01W-000-04492-000
Sec/Twp/Rng 18-3S-1W
Property Address 18 PRIVATE DR
Alternate ID 04492 000183S 01W000
Class SINGLE FAM
Acreage 18.234
Owner Address HUDSON MARK
11 CALVERY CT
CRAWFORDVILLE, FL 32327
District 3
Brief Tax Description 18-3S-1W P-33-M-59B
(Note: Not to be used on legal documents)
Date created: 9/24/2018Last Data Uploaded: 9/21/2018 9:58:56 PM
1,181 ft
Overview
Legend
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City Labels
Board of County Commissioners Agenda Request
Date of Meeting: October 1, 2018 Date Submitted: September 20, 2018 To: Honorable Chairman and Members of the Board
From: Jared Miller, Sheriff, WCSO
Subject: Request Board Approval of Temporary Road Closure for the 12th Annual
Veteran’s Day Parade on November 10, 2018 Statement of Issue: This agenda item requests Board approval of a temporary road closure for the 12th Annual Veteran’s Day Parade on November 10, 2018. Background: This is the 12th Annual Veteran’s Day Parade. Veterans of Foreign Wars hosts this event annually to honor Veteran’s. Analysis: It is requested to close Crawfordville Highway 319 from Myrtle Avenue to Arran Road on November 10, 2018 from 9:30a.m. – 11:00a.m. for the 12th Annual Veteran’s Day Parade. Budgetary Impact: None. Options: 1. Approve the temporary road closure on November 10, 2018 from Myrtle Avenue to Arran
Road at 9:30a.m. – 11:00a.m. for the 12th Annual Veteran’s Day Parade. 2. Do not approve the temporary road closure on November 10, 2018 from Myrtle Avenue to
Arran Road at 9:30a.m. – 11:00a.m. for the 12th Annual Veteran’s Day Parade. 3. Board direction. Recommendation: Option #1 Attachment(s): 1. FDOT Temporary Closing of State Road Permit 2. Map
Board of County Commissioners Agenda Request
Date of Meeting: October 1, 2018 Date Submitted: September 19, 2018 To: Honorable Chairman and Members of the Board From: David Edwards, County Administrator
Heather Encinosa, County Attorney Cody Solburg, Parks & Facilities Management Director Jessica Welch, Communications & Public Services Director
Subject: Request Board Approval to Conduct the Public Hearing and Adopt an
Ordinance Pertaining to the Regulation of Swimming and Boating Near Public Boat Ramps
Statement of Issue: This agenda item requests Board approval to conduct the public hearing and adopt an Ordinance pertaining to the regulation of swimming and boating near public boat ramps. Background At the June 4, 2018 Board Meeting, the Board directed staff to schedule and advertise a public hearing to consider adopting an ordinance related to boating and skiing on Lake Ellen, the Lake Ellen Drive Water Access Area, and Swimming at County Parks and Facilities. The Board also directed staff to amend the ordinance to allow swimming at all County Parks and Facilities. Staff scheduled the public hearing for July 16, 2018. At the July 16, 2018 Board Meeting, the Board adopted Ordinance #2018-27 repealing certain sections of the Code pertaining to boating and skiing on Lake Ellen, and swimming on County property; created a new section of the Code that allows swimming at any County Park or County Facility, which shall be at the swimmer’s own risk; and created a new section of the Code entitled “Lake Ellen Drive Water Access Area”. At the July 16, 2018 Board Meeting, the Board directed staff to bring back an Ordinance relating to swimmers yielding the right of way for boaters and prohibiting skiing 50ft to and from a boat ramp, in an effort to protect both swimmers and boaters. Subsequently, at the September 4, 2018 Board Meeting, the Board directed staff to schedule and advertise a public hearing to consider adopting the proposed ordinance pertaining to the regulation of swimming and boating near public boat ramps. The notice of public hearing was advertised in the September 13, 2018 edition of The Wakulla News.
Request Board Approval to Conduct the Public Hearing and Adopt an Ordinance Pertaining to the Regulation of Swimming and Boating Near Public Boat Ramps October 1, 2018 Page 2 Analysis: A summary of the proposed Ordinance (Attachment #1) is as follows: Amends Section 23.003 of the Code adding a definition for Public Boat Ramp and Vessel. Amends Section 23.010 of the Code adding the following new section titled “Swimming at
County Parks and County Facilities”. Swimming is prohibited within 300 feet of all Public Boat Ramps except for the following:
o Lake Ellen Boat Ramp o Wakulla River Upper Bridge Boat Ramp o Highway 98 Bridge & Boat Ramp (Wakulla River Lower Bridge) o Newport Park Boat Ramp o Shell Point Non-Motorized Hand Launch Boat Ramp
For those Public Boat Ramps at which swimming is permitted, swimming shall not be permitted within 300 feet of all such Public Boat Ramps while a Vessel is launching or returning to the Public Boat Ramp. All persons swimming, wading, or otherwise in the water and not upon a Vessel within 300 feet of a Public Boat Ramp at which swimming is permitted shall promptly exit the water upon a Vessel launching or returning to such Public Boat Ramp. All persons may re-enter the water upon the Vessel having established a minimum distance of at least 300 feet from the landward centerline of the Public Boat Ramp.
Amends Section 7.060 of the Code adding the following boat ramps to the “Areas of Enforcement” for idle speed no wake areas: Lake Ellen Boat Ramp, and Wakulla River Upper Bridge Boat Ramp.
Budgetary Impact: The cost to purchase and install the “idle speed no wake” area signs permitted through FWC and to purchase and install the County signs “no swimming within 300ft of the boat ramps” is estimated at $9,250. In addition, upon approval of the proposed Ordinance, the County will incur the cost of $19.50 per page to file the Ordinance with MuniCode for a total of $97.50. Options: 1. Approve to Conduct the Public Hearing and Adopt an Ordinance Pertaining to the Regulation of
Swimming and Boating Near Public Boat Ramps. 2. Approve to Conduct the Public Hearing and Do Not Adopt an Ordinance Pertaining to the
Regulation of Swimming and Boating Near Public Boat Ramps. 3. Board Direction. Recommendation: Option #1 Attachments: 1. Proposed Ordinance
Board of County Commissioners Agenda Request
Date of Meeting: October 1, 2018 Date Submitted: September 20, 2018 To: Honorable Chairman and Members of the Board
From: Chuck Hess, County Commissioner District 5
Subject: Request Board Approval of a Proclamation Declaring October 2018 as Florida
Native Plant Month in Wakulla County Statement of Issue: This agenda item requests Board approval of a Proclamation declaring October 2018 as Florida Native Plant Month in Wakulla County. Background: Florida received its name from the floristic displays seen by early explorers, and to this day, an abundance of native wildflowers attract visitors to our natural areas. Florida native plants are critical to the health of bees, insects, butterflies and other animals, since they provide food and shelter for the pollinators, on which many of our food crops are dependent. Flowers such as tupelo play a key role in the honey production that occurs in our community, and is one of the vital industries sustaining our economy.
Wakulla County plays host to thousands of migrating Monarch Butterflies each October, as they feed off the swamp bush (Baccharis halimifolia), that grows in great abundance throughout Wakulla County. Each year thousands of tourists flock to Wakulla, to see these and other amazing insects, while attending the Monarch Butterfly Festival at St. Marks National Wildlife Refuge. Wakulla County is one of the Monarchs critical feeding stopover points prior to their long journey over the Gulf of Mexico.
Wakulla County is home to several Florida and National “champion trees” and visitors are drawn to our County from promotions such as the Department of Transportation’s Wildflower road map where many Wakulla County roads are featured.
The Native Plant Society was created to support native plants and consists of 37 chapters across Florida. Members from all walks of life volunteer their time, knowledge and skills teaching Floridians about the benefits of native plants. Wakulla County is home to the Sarracenia chapter of the Florida Native Plant Society.
The chapter has requested the Commission to join other counties and the Governor in declaring October as “Florida Native Plant Month.”
Request Board Approval of a Proclamation Declaring October 2018 as Florida Native Plant Month in Wakulla County October 1, 2018 Page 2 Analysis Wakulla County has an opportunity to support our chapter of the Florida Native Plant Society by joining the Governor and other counties throughout Florida to remind citizens of the value that Florida native plants bring to their gardens, roadsides and our way of life. Preservation of Native plants and native plant communities help preserve the Florida we have come to love. Native plants are part of our Natural Florida. Budgetary Impact: None. Options: 1. Approve the Proclamation declaring October 2018 as Florida Native Plant Month in Wakulla
County. 2. Do not approve the Proclamation declaring October 2018 as Florida Native Plant Month in
WHEREAS, Florida’s native plants and plant communities are rich and diverse, are essential in the natural environment in sustaining bees, butterflies, and other animals, and thus provide benefits to Wakulla’s citizens that cannot be overstated and must be preserved for future generations; and
WHEREAS, Florida, and particularly Wakulla County, have an incredible wealth of natural areas to showcase our native plants and native plant communities to our citizens and visitors alike and;
WHEREAS, Wakulla county enjoys over 1,000 species of native plants, trees, vines and shrubs including Zephyr Lilies, Blazing Star Liatris, Grass Pinks Orchids, Stokes Aster, Wild Azaleas, Saw Palmetto, Night Flowering Petunia, 19 species of carnivorous plants, and 15 species of Milk Weed, which all support ecotourism by drawing thousands of visitors from all over the world to our roadsides and those unique spots within the County where these and similar plants can be seen in abundance and;
WHEREAS, Wakulla County is home to many Florida and National Champion trees; grows Ogeechee tupelo (Nyssa ogeche) which is foundational to the tupelo honey industry; and features miles of roadways graced by native wildflowers that also support the pollinators that benefit local agriculture; and
WHEREAS, Wakulla County’s complement of Florida native plants features species whose known global range lies entirely within the County; including St. Marks Yellow-Eyed Grass and Godfrey’s Spider Lily; and WHEREAS, the Sarracenia Chapter of the Florida Native Plant Society, whose mission is the conservation, preservation and restoration of native plants and plant communities serves Wakulla County and is helping keep Wakulla County “natural’;
NOW THEREFORE, the Board of County Commissioners of Wakulla County convened this 1st day of October, 2018 declares the month of October 2018 as FLORIDA NATIVE PLANT MONTH in Wakulla County.
BOARD OF COUNTYCOMMISSIONERS WAKULLA COUNTY, FLORIDA
_____________________________________ Ralph Thomas, Chairman
Board of County Commissioners Agenda Request
Date of Meeting: October 1, 2018 Date Submitted: September 25, 2018 To: Honorable Chairman and Members of the Board From: David Edwards, County Administrator
Heather Encinosa, County Attorney Subject: Request Board Direction on Potential Administrative Challenge to Consent
Order Between FDEP and Steve Fults Concerning Fence Constructed on Waters of Lake Ellen, OGC File No. 18-1251
Statement of Issue: This agenda item requests Board direction on a potential challenge to a pending Consent Order entered into between the Florida Department of Environmental Protection (“FDEP”) and Steve Fults concerning Mr. Fults’ placement of a fence on the waters of Lake Ellen, which fence restricts public access to Lake Ellen and interferes with and potentially encroaches on the County’s right-of-way. Background: In late 2017, the County applied to FDEP for a verification of exemption (“Exemption”) to construct a 14-foot wide public boat ramp to be located within the County’s platted right-of-way at the north end of Lake Ellen Drive, which Exemption was granted by FDEP on December 19, 2017. Thereafter, Mr. Fults, who owns property to the west of Lake Ellen Drive and another abutting property owner filed a Petition for Formal Administrative Proceeding with FDEP contesting FDEP’s issuance of the Exemption. At a public meeting on April 25, 2018, the Board voted to withdraw the County’s application for the Exemption with FDEP and instead pursue the construction of a primitive boat ramp on the same site which would not require any form of state approval. Sometime thereafter, Mr. Fults constructed a fence on the waters of Lake Ellen blocking off public access to the lake from the north end of Lake Ellen Drive, where the primitive boat ramp is to be located. (See pictures of the fence in Attachment 1, Consent Order at Exhibit A). It is unknown at this time whether the fence as currently located encroaches upon the County’s right-of-way. FDEP notified Mr. Fults that the fence had been constructed on surface waters beyond the ordinary mean high water line without a permit, in violation of Rule 62-330.020, F.A.C., and Mr. Fults began accruing daily fines. However, based on the draft Consent Order attached hereto as Attachment 1, it appears Mr. Fults and FDEP may have reached a settlement agreement concerning this matter. Such Consent Order,
Request Board Direction on Potential Administrative Challenge to Consent Order Between FDEP and Steve Fults Concerning Fence Constructed on Waters of Lake Ellen, OGC File No. 18-1251 October 1, 2018 Page 2 which as of this writing does not appear to have been executed by the parties and therefore is not yet final, requires Mr. Fults to pay FDEP a settlement payment of $2,000. Additionally, the Consent Order recognizes that Mr. Fults has already removed a ten (10) foot section of the fence (as shown in Attachment 1, Consent Order at Exhibit A), designed to allow for access to and navigation of the lake. The Consent Order requires Mr. Fults to maintain the fence and pilings in their current configuration, unless otherwise authorized by FDEP. Further, within 30 days of the effective date of the Consent Order, Mr. Fults is required to submit an “after the fact” application for a permit for the fence. If FDEP denies the application, Mr. Fults must remove the fence within 10 days of the denial becoming final. Analysis: Staff is seeking direction from the Board regarding a potential challenge to the Consent Order and wishes to provide related information to the Board regarding the process and associated costs for hearings conducted pursuant to the Florida Administrative Procedure Act, Chapter 120, Florida Statutes.
From a timing standpoint, this is a time sensitive matter. In the event the Board wishes to contest the Consent Order, the County would need to file a petition for administrative hearing within 21 days of the execution of the Consent Order. As of the time of this writing, the Consent Order has not yet been formally entered.
As a threshold matter, to have standing to challenge the Consent Order, the County will need to demonstrate a “substantial interest” that is affected by the Consent Order. The Consent Order has the effect of allowing the fence constructed by Mr. Fults to remain in place while FDEP considers Mr. Fults forthcoming application for a permit and that fence interferes with (and potentially encroaches on) the County’s right-of-way and adversely impacts the public’s access to Lake Ellen. The fence clearly represents a navigational hazard and may also threaten public safety.
However, it should be noted that the Consent Order also requires Mr. Fults to apply for a permit for the fence within 30 days of the effective date of the Consent Order. Rule 62-33.437, Florida Administrative Code, establishes regulations applicable to the issuance of permits for the installation of fences on wetlands or other surface waters. The rule prohibits the placement of fences on all state-owned sovereign submerged lands. Additionally, the rule provides that fences installed within navigable waters other than isolated waters that are wholly owned by one private entity shall:
(a) Not adversely affect navigation, block any waterway or channel, or cause a navigational
hazard; (b) Be installed such that all fence posts located waterward of the mean or ordinary high
water line rise at least two feet above the mean high water or the ordinary high water elevation and are marked and maintained with reflectors visible from all directions; and
Request Board Direction on Potential Administrative Challenge to Consent Order Between FDEP and Steve Fults Concerning Fence Constructed on Waters of Lake Ellen, OGC File No. 18-1251 October 1, 2018 Page 3
(c) Extend no more than 25 feet waterward into the open water, beyond the shoreline, or riparian areas of emergent wetland vegetation, whichever is more waterward.
If FDEP finds that the fence does not comply with Rule 62-33.437, Florida Administrative Code, FDEP may deny Mr. Fults’ application for permit, in which case the fence must be removed. In the event FDEP approves such permit, the County will have the ability to challenge that decision as well by filing a petition for administrative hearing. Overview of DOAH Administrative Hearing Process The administrative hearing process before the Division of Administrative Hearings is similar to a judicial process. The final hearing is essentially a trial with witness and physical evidence and the County must be prepared to defend its permit exemption. Prior to the hearing, discovery will be conducted in accordance with the Rules of Florida Civil Procedure. This will include written discovery and depositions. Additionally, there are additional, mandatory pre- and post-hearing submittals that must be drafted, coordinated with all parties, and filed with the ALJ. For example, before the hearing the parties will be required to enter into stipulations of fact and law, identify and limit issues, and exchange witness and exhibit lists. After the hearing, the parties will have to submit proposed findings of fact and conclusions of law to the ALJ before the ALJ issues a recommended order to DEP. After the recommended order is issued by the ALJ to DEP, the parties will present exceptions to the recommended order to the Secretary of DEP.
Once the Secretary of DEP receives the ALJ’s recommended order, the Secretary will not have much discretion to reverse any factual findings so long as they are supported by competent and substantial evidence. However, the Secretary may reject or change the conclusions of law in the recommended order. The Secretary will consider the ALJ’s recommended order, the exceptions submitted by the parties and responses thereto, and then resolve the petition by submitting a written final order. Parties will have the ability to appeal.
The above description of the administrative hearing process is provided to inform the Board that challenging the Consent Order will require significant legal expenditures. Conversely, in the event the Board does not wish to incur legal fees in this matter, the Board could choose not to file a petition for administrative hearing. As discussed above, pursuant to the terms of the Consent Order, Mr. Fults must submit an application for a permit for the fence to FDEP. In the event FDEP approves the application and issues the permit, the County would then have another opportunity to bring an administrative action challenging FDEP’s issuance of the permit. Budgetary Impact: If the Board elects to file a petition for administrative hearing challenging the Consent Order, the County can expect to incur estimated legal costs in the range of $50,000-$75,000.
Request Board Direction on Potential Administrative Challenge to Consent Order Between FDEP and Steve Fults Concerning Fence Constructed on Waters of Lake Ellen, OGC File No. 18-1251 October 1, 2018 Page 4 Options: 1. If finalized, direct the County Attorney to file a petition for Administrative Hearing
Challenging both the Consent Order between FDEP and Mr. Fults that allows the fence to block the North end of Lake Ellen Drive and any subsequent permit allowing a fence or other obstruction along the North end of Lake Ellen Drive.
2. Do not direct the County Attorney to file a petition for Administrative Hearing Challenging both the Consent Order between FDEP and Mr. Fults that allows the fence to block the North end of Lake Ellen Drive and any subsequent permit allowing a fence or other obstruction along the North end of Lake Ellen Drive.
3. Board Direction. Recommendation: Option #3 Attachments: 1. Pending Consent Order Between FDEP and Mr. Fults.
DEP vs. Fults Consent Order, OGC No. 18-1251 Page 1
BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT IN THE OFFICE OF THE OF ENVIRONMENTAL PROTECTION, NORTHWEST DISTRICT Complainant, OGC FILE NO. 18-1251 vs. STEVEN P. FULTS and DEBRA S. FULTS, Respondent. /
CONSENT ORDER This Consent Order is entered into between the State of Florida Department of
Environmental Protection ("Department") and Steven P. Fults and Debra S. Fults
("Respondent") to reach settlement of certain matters at issue between the Department
and Respondent.
The Department finds and the Respondent admits the following:
1. The Department is the administrative agency of the State of Florida
having the power and duty to protect Florida's air and water resources and to
administer and enforce Chapter 373, Part IV, and Chapter 403, Florida Statutes, and the
rules promulgated and authorized thereunder, Title 62, Florida Administrative Code.
The Department has jurisdiction over the matters addressed in this Consent Order.
2. Respondent is a person within the meaning of Sections 253.04 and
373.019(15), Florida Statutes.
3. Respondent is the owner of property located at 142 Lake Ellen Drive,
Crawfordville, Wakulla County, FL.
4. The Department finds that the Respondent constructed a fence in a surface
water without a valid permit in violation of Rules 62-330.020, F.A.C. On June 29, 2018,
DEP vs. Fults Consent Order, OGC No. 18-1251 Page 2
an inspection by Department personnel revealed that Respondent failed to obtain a
valid permit or other form of consent from the Department prior to constructing the
fence and pilings which extended beyond the ordinary high water line and into the
open water of Lake Ellen.
Having reached a resolution of the matter Respondent and the
Department mutually agree and it is,
ORDERED:
7. Within 30 days of the effective date of this Consent Order, Respondent
shall pay the Department $2,000.00 in settlement of the matters addressed in this
Consent Order. This amount includes $1,000.00 for costs and expenses incurred by the
Department during the investigation of this matter and the preparation and tracking of
this Consent Order and a civil penalty of $1,000.00 for violation of Rule 62-330.020,
F.A.C. Respondent shall make all payments required by this Order by cashier's check,
money order or on-line payment. Cashier’s check or money order shall be made
payable to the “Department of Environmental Protection” and shall include both the
OGC number assigned to this Order and the notation “Water Quality Assurance Trust
Fund.” Online payments by e-check can be made by going to the DEP Business Portal
at http://www.fldepportal.com/go/pay/ It will take a number of days after this
order becomes final and effective filed with the Clerk of the Department before ability
to make online payment is available.
8. The Respondent shall implement the following corrective actions within
the time frames specified therewith:
a. As of the effective date of this Order, Respondent removed a
section of the fence ten (10) feet in width as shown in Exhibit “A” attached
hereto. Within this section of fence, all pilings, posts, and wires have been
removed within this section of fence.
b. As of the effective date of this Order, Respondent shall maintain
the fence and pilings in their current configuration, specifically the
DEP vs. Fults Consent Order, OGC No. 18-1251 Page 3
removed section or opening to allow for navigation of the lake as depicted
in Exhibit “B” attached hereto. Respondent shall not construct, install,
modify, or add to the fence unless authorized by the Department.
c. Within 30 days of the effective date of this Order, Respondent shall
submit an application for a permit for the fence pursuant to Rule 62-
330.020, F.A.C. and pay the required processing fee as part of an
application submittal. If the Respondent does not timely submit an
application, the Respondent shall remove the fence within 40 days of the
effective date of this order.
d. In the event that the Respondent’s application for a permit as
required by section 8.c. is denied, the Respondent shall remove the fence
within 10 days of the denial becoming final.
9. With the exception of the activities described in the corrective actions,
effective immediately and henceforth, Respondent shall not conduct any dredging,
filling, or construction activities on or within the landward extent of waters of the state
without first obtaining a valid Department permit or written notification from the
Department that the activities appear to be exempt as proposed from Department
permitting requirements; nor shall Respondent conduct any activities on state owned
lands below the ordinary or mean high water lines without first obtaining a lease,
easement, or other consent of use from the Department.
14. Respondent agrees to pay the Department stipulated penalties in the
amount of $100.00 per day for each and every day Respondent fails to timely comply
with any of the requirements of paragraphs 7, 8(a), 8(b), and 8(c) of this Consent Order.
A separate stipulated penalty shall be assessed for each violation of this Order. Within
30 days of written demand from the Department, Respondent shall make payment of
the appropriate stipulated penalties to the "The Department of Environmental
Protection" by cashier's check or money order and shall include thereon the OGC
number assigned to this Consent Order and the notation "Water Quality Assurance
DEP vs. Fults Consent Order, OGC No. 18-1251 Page 4
Trust Fund." The Department may make demands for payment at any time after
violations occur. Nothing in this paragraph shall prevent the Department from filing
suit to specifically enforce any of the terms of this Consent Order. Any penalties
assessed under this paragraph shall be in addition to the settlement sum agreed to in
paragraph 7 of this Consent Order. If the Department is required to file a lawsuit to
recover stipulated penalties under this paragraph, the Department will not be
foreclosed from seeking civil penalties for violations of this Consent Order in an
amount greater than the stipulated penalties due under this paragraph.
15. If any event, including administrative or judicial challenges by third
parties unrelated to the Respondent, occurs which causes delay or the reasonable
likelihood of delay, in complying with the requirements of this Consent Order,
Respondent shall have the burden of proving the delay was or will be caused by
circumstances beyond the reasonable control of the Respondent and could not have
been or cannot be overcome by Respondent's due diligence. Economic circumstances
shall not be considered circumstances beyond the control of Respondent, nor shall the
failure of a contractor, subcontractor, materialman or other agent (collectively referred
to as "contractor") to whom responsibility for performance is delegated to meet
contractually imposed deadlines be a cause beyond the control of Respondent, unless
the cause of the contractor's late performance was also beyond the contractor's control.
Upon occurrence of an event causing delay, or upon becoming aware of a potential for
delay, Respondent shall notify the Department orally within 24 hours or by the next
working day and shall, within seven calendar days of oral notification to the
Department, notify the Department in writing of the anticipated length and cause of the
delay, the measures taken or to be taken to prevent or minimize the delay and the
timetable by which Respondent intends to implement these measures. If the parties can
agree that the delay or anticipated delay has been or will be caused by circumstances
beyond the reasonable control of Respondent, the time for performance hereunder shall
be extended for a period equal to the agreed delay resulting from such circumstances.
DEP vs. Fults Consent Order, OGC No. 18-1251 Page 5
Such agreement shall adopt all reasonable measures necessary to avoid or minimize
delay. Failure of Respondent to comply with the notice requirements of this Paragraph
in a timely manner shall constitute a waiver of Respondent's right to request an
extension of time for compliance with the requirements of this Consent Order.
16. Respondent shall allow all authorized representatives of the Department
access to the property at reasonable times for the purpose of determining compliance
with the terms of this Consent Order and the rules and statutes of the Department.
18. Entry of this Consent Order does not relieve Respondent of the need to
comply with applicable federal, state or local laws, regulations or ordinances.
19. The terms and conditions set forth in this Consent Order may be enforced
in a court of competent jurisdiction pursuant to Sections 120.69 [253.04] and 373.129,
Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute
a violation of Section [253.04 and] 373.430, Florida Statutes.
20. Respondent is fully aware that a violation of the terms of this Consent
Order may subject Respondent to judicial imposition of damages, civil penalties of up
to $10,000 per day per violation [and administrative fines of up to $10,000 per day per
violation] and criminal penalties.
21. Persons who are not parties to this Consent Order but whose substantial
interests are affected by this Consent Order have a right, pursuant to Sections 120.569
and 120.57, Florida Statutes, to petition for an administrative hearing on it. The Petition
must contain the information set forth below and must be filed (received) at the
Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS-35,
Tallahassee, Florida 32399-3000, within 21 days of receipt of this notice. A copy of the
Petition must also be mailed at the time of filing to the District Office named above at
the address indicated. Failure to file a petition within the 21 days constitutes a waiver
of any right such person has to an administrative hearing pursuant to Sections 120.569
and 120.57, Florida Statutes.
The petition shall contain the following information:
DEP vs. Fults Consent Order, OGC No. 18-1251 Page 6
a. The Department’s Consent Order identification number and the
county in which the subject matter or activity is located;
b. The name, address, and telephone number of each petitioner; the
name, address, and telephone number of the petitioner’s representative, if
any, which shall be the address for service purposes during the course of
the proceeding;
c. An explanation of how the petitioner’s substantial interests will be
affected by the Consent Order;
d. A statement of when and how the petitioner received notice of the
Consent Order;
e. A statement of all material facts disputed by petitioner, if any;
f. A statement of the specific facts the petitioner contends warrant
reversal or modification of the Consent Order;
g. A statement of which rules or statutes the petitioner contends require
reversal or modification of the Consent Order; and
h. A statement of the relief sought by the petitioner, stating precisely the
action petitioner wishes the Department to take with respect to the
Consent Order.
If a petition is filed, the administrative hearing process is designed to formulate
agency action. Accordingly, the Department's final action may be different from the
position taken by it in this Notice. Persons whose substantial interests will be affected
by any decision of the Department with regard to the subject Consent Order have the
right to petition to become a party to the proceeding. The petition must conform to the
requirements specified above and be filed (received) within 21 days of receipt of this
notice in the Office of General Counsel at the above address of the Department. Failure
to petition within the allowed time frame constitutes a waiver of any right such person
has to request a hearing under Sections 120.569 and 120.57, Florida Statutes, and to
participate as a party to this proceeding. Any subsequent intervention will only be at
DEP vs. Fults Consent Order, OGC No. 18-1251 Page 7
the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205,
Florida Administrative Code.
A person whose substantial interests are affected by the Consent Order may file a
timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida
Statutes, or may choose to pursue mediation as an alternative remedy under Section
120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation
will not adversely affect the right to a hearing if mediation does not result in a
settlement. The procedures for pursuing mediation are set forth below.
Mediation may only take place if the Department and all the parties to the
proceeding agree that mediation is appropriate. A person may pursue mediation by
reaching a mediation agreement with all parties to the proceeding (which include the
Respondent, the Department, and any person who has filed a timely and sufficient
petition for a hearing) and by showing how the substantial interests of each mediating
party are affected by the Consent Order. The agreement must be filed in (received by)
the Office of General Counsel of the Department at 3900 Commonwealth Boulevard,
Mail Station 35, Tallahassee, Florida 32399-3000, within 10 days after the deadline as set
forth above for the filing of a petition.
The agreement to mediate must include the following:
a. The names, addresses, and telephone numbers of any persons who
may attend the mediation;
b. The name, address, and telephone number of the mediator selected
by the parties, or a provision for selecting a mediator within a specified
time;
c. The agreed allocation of the costs and fees associated with the
mediation;
d. The agreement of the parties on the confidentiality of discussions
and documents introduced during mediation;
DEP vs. Fults Consent Order, OGC No. 18-1251 Page 8
e. The date, time, and place of the first mediation session, or a
deadline for holding the first session, if no mediator has yet been chosen;
f. The name of each party’s representative who shall have authority
to settle or recommend settlement; and
g. Either an explanation of how the substantial interests of each
mediating party will be affected by the action or proposed action
addressed in this notice of intent or a statement clearly identifying the
petition for hearing that each party has already filed, and incorporating it
by reference.
h. The signatures of all parties or their authorized representatives.
As provided in Section 120.573, Florida Statutes, the timely agreement of all
parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57,
Florida Statutes, for requesting and holding an administrative hearing. Unless
otherwise agreed by the parties, the mediation must be concluded within sixty days of
the execution of the agreement. If mediation results in settlement of the administrative
dispute, the Department must enter a final order incorporating the agreement of the
parties. Persons whose substantial interests will be affected by such a modified final
decision of the Department have a right to petition for a hearing only in accordance
with the requirements for such petitions set forth above, and must therefore file their
petitions within 21 days of receipt of this notice. If mediation terminates without
settlement of the dispute, the Department shall notify all parties in writing that the
administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes,
remain available for disposition of the dispute, and the notice will specify the deadlines
that then will apply for challenging the agency action and electing remedies under
those two statutes.
23. The Department hereby expressly reserves the right to initiate appropriate
legal action to prevent or prohibit any violations of applicable statues, or the rules
DEP vs. Fults Consent Order, OGC No. 18-1251 Page 9
promulgated thereunder that are not specifically addressed by the terms of this Consent
Order.
24. The Department, for and in consideration of the complete and timely
performance by Respondent of the obligations agreed to in this Consent Order, hereby
waives its right to seek judicial imposition of damages or civil penalties for alleged
violations addressed in this Consent Order. This waiver does not affect any claim the
Department or the Board of Trustees of the Internal Improvement Trust Fund may have
for violations not addressed herein, notwithstanding that the other claims may involve
the same activities addressed herein.
25. Respondent acknowledges and waives its right to an administrative
hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this
Consent Order. Respondent acknowledges its right to appeal the terms of this Consent
Order pursuant to Section 120.68, Florida Statutes, and waives that right upon signing
this Consent Order.
26. Electronic signatures or other versions of the parties’ signatures, such as
.pdf or facsimile, shall be valid and have the same force and effect as originals. No
modifications of the terms of this Consent Order shall be effective until reduced to
writing and executed by both Respondent and the Department.
27. All submittals and payments required by this Consent Order to be
submitted to the Department shall be sent to the Elizabeth Orr, Assistant Director,
Florida Department of Environmental Protection Northwest District, 160 W.
Government Street, Suite 308, Pensacola, FL 32502.
28. In the event of a sale or conveyance of the property, if all of the
requirements of this Consent Order have not been fully satisfied, Respondent shall, at
least 30 days prior to the sale or conveyance of the property, (1) notify the Department
of such sale or conveyance and (2) provide a copy of this Consent Order with all
attachments to the new owner. The sale or conveyance of the property shall not relieve
the Respondent of the obligations imposed in this Consent Order.
DEP vs. Fults Consent Order, OGC No. 18-1251 Page 10
29. This Consent Order is a settlement of the Department’s civil and
administrative authority arising under Florida law to resolve the matters addressed
herein. This Consent Order is not a settlement of any criminal liabilities which may
arise under Florida law, nor is it a settlement of any violation which may be prosecuted
criminally or civilly under federal law.
30. This Consent Order is a final order of the Department pursuant to Section
120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of
the Department unless a Petition for Administrative Hearing is filed in accordance with
Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Order
will not be effective until further order of the Department.
FOR THE RESPONDENT: ______________________ _________________________________ DATE (Name) (Title) _________________________ DONE AND ORDERED this day of , 20__, in , Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ____________________________________ Emile D. Hamilton District Director
DEP vs. Fults Consent Order, OGC No. 18-1251 Page 11
Filed, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. ______________________________ ___________________ Clerk Date cc: Lea Crandall, Agency Clerk Mail Station 35
Fults/Lake Ellen Fence – site inspected on 9/7/2018
Exhibit A
Drawing not to scale Source: Cadastral 2017 (Property Appraiser Parcels), Florida Department of Revenue (DOR) tax parcels and ownership information for 2017
