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notebook - Southwest Florida Water Management District

SWFWMD Board Meeting Executive Summary ~ 5 ~ OCTOBER 30, 2012

c. Consent Order – Surface Water Activity - Robert J. Colvin and Mary A. Colvin – Lake

County

On July 31, 2012, this matter came before the Governing Board to authorize litigation against

Robert and Mary Colvin (Owners) for unauthorized wetland dredging and filling in the southern

portion o f t heir pr operty locat ed in Lak e Count y ( Property). T he G overning B oard m oved

unanimously for the District to work with the Owners to resolve this matter and, if the matter

could not be r esolved, to appear before the Governing Board at its October 2012 m eeting to

authorize litigation against the Owners.

On August 28, 2012, the District conducted a site visit at t he Owners’ Property, marked the

areas in t he southern portion of the Property where fill would need t o be r emoved and ar eas

where the removed fill could be placed. On September 12, 2012, the District requested the

Owners submit a financial affidavit for the District to determine the Owners’ ability to pay the

$60,300 in penalt ies that had been assessed f or the wetland impacts. The Dist rict received

the Owners’ financial affidavit on September 21, 2012.

On October 10 , 2012 , the Dist rict sent t he O wners a revised Consent Or der. The r evised

Consent Order requires restoration to the wetland as discussed during the August 28, 2012,

site visit, waives the penalties of $60,300 if the Owners complete the restoration requirements

within one y ear of t he effective dat e o f t he C onsent Or der, and r equires pay ment o f the

District’s costs totaling $2,000 within 30 days of the effective date of the Consent Order.

Staff recommends the Board approve the Consent Order between the District and Robert and

Mary Colvin.

d. Settlement – SWFWMD v. M. Lewis King and Hancock Lake Ranch, LLC (Parcel No.

20-503-111-P)

On October 28 , 2008 , i n connect ion w ith t he L ake Hancoc k La ke Lev el M odification Pr oject

(“Project”), the District’s Governing Board adopted a Resolut ion authorizing the use o f eminent

domain t o acq uire an inundat ion easem ent t o est ablish t he Lak e Hancoc k outf all cont rol

structure at an elevation of 100 NGVD (1929). On March 29, 2011, the District filed a petition in

eminent domain to obtain an inundat ion easement over 8.5 acres of real property identified as

Parcel 111-P, and owned by M. Lewis King and Hancock Lake Ranch, LLC (the “Property”).

The parties attended a pre-suit mediation on August 30, 2012. As a result of the mediation, the

parties arrived at a contingent settlement, subject to approval by the District’s Governing Board,

whereby the District will pay the owners $170,000 for the easement.

Staff recommends the Board approve the settlement agreement whereby the District will pay the

owners $170,000 for the easement necessary for implementation of the Project.

e. Settlement – Mudd v. City of Lake Wales and SWFWMD (Tenth Judicial Circuit) –

Polk County

This case conce rns an inv erse condemnation claim arising from flooding in 2005 o f multiple

properties located in Polk County on a peninsul a of land t hat projects into Lake Belle. T he

plaintiffs contend that lateral seepage into Lake Belle from high volumes of water pumped into

the rapid infiltration basins oper ated by the City of Lake Wales may have cont ributed to the

flooding of the plaintiffs’ properties.

A four-day bench t rial w as scheduled for Oct ober 8 t hrough 11 , 2012. O n the m orning o f

Friday, October 5, the Office of General Counsel was advised by the District’s outside counsel

that the plaintiffs’ attorney proposed settling the case as to the District for $100,000. Since trial

was set t o beg in on M onday m orning, October 8, t he Gener al Counsel consult ed w ith t he

Executive Director and the Boar d Chair to obtain approval f or settlement pursuant to Board

Policy 160-3, which allows such approval “if the matter requires immediate action and cannot

be delayed to be r epresented at t he next regularly scheduled Boar d meeting.” A fter further

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