SWFWMD Board Meeting Executive Summary ~ 4 ~ OCTOBER 30, 2012 Staff recommends the Board: (1) Conduct an analysis of current market rates for office services, including printing, mailing, and document imaging, through a RFP; (2) Perform a cost-comparison of the District’s existing office service expenses; and (3) Explore any cost-saving opportunities identified. General Counsel’s Report 17. Administrative, Enforcement and Litigation Activities that Require Governing Board Approval a. Interagency Agreement between the SWFWMD and the SJRWMD to Designate the SWFWMD as the Agency with Regulatory Responsibility for Water Use Permitting – Whitehurst Cattle Company – Marion and Levy Counties The Whitehurst Cattle Company submitted Water Use Per mit Application No. 20005122.005 to t he S WFWMD for property locat ed within t he j urisdictional boundar ies o f bot h t he SWFWMD and the SJRWMD. The majority of the property and activities subject to regulatory review are located within the jurisdictional boundaries of the SWFWMD. The SWFWMD has previously taken regulatory responsibility for permitting water withdrawals and uses of water by Whitehurst Cattle Company on the property. However, SWFWMD staff discovered that the assumption of regulatory responsibility was based upon a r ecord of oral communications bet ween S WFWMD and SJRW MD and t hat an int eragency ag reement designating the S WFWMD as t he w ater management dis trict w ith r egulatory r esponsibility over water use permitting on the property has not been executed. Staff Recomm ends the Board appr ove t he I nteragency Agr eement between t he Dist ricts for Designation o f Re gulatory Responsibilit y f or Water Use Perm itting o f the Whitehurst Cat tle Company in Marion and Levy Counties. b. Initiation of Litigation – Unauthorized Construction - James V. Risher and Carolyn Risher – Levy County On June 19, 2008, District staff drove by property located at 18291 S.E. 72nd Avenue, Inglis, Levy County, Florida (Property) and obser ved that approximately 1.20 acres of a p reviously treed upland had been cleared and covered with impervious material for the construction of a limerock r oadway and paved par king lot . The Pr operty is o wned b y James and Car olyn Risher ( Owners). The O wners had not appli ed for and the Distr ict had not issued an Environmental Resource Permit (ERP) authorizing these activities. Upon r eceipt of t he No tice of Violat ion ( NOV) and pr oposed Consen t O rder, M r. Risher contacted the Office of General Counsel (OGC) and proposed $3,000 in payment of penalties and costs, but did not want to restore the Property or apply for an ERP. In Apr il 2012 , the Distr ict obse rved t hat the paved par king lo t remained, but t he ar ea previously co vered with limerock had not been m aintained as an im pervious sur face. T he District estimated the paved impervious surface was approximately 0.44 acres. During discussions w ith O GC in July 2012, Mr. Risher indicat ed t hat he m ay r emove t he paved parking lot. OGC offered to resolve the matter through a proposed Consent Order that required r emoval of the pav ed ar ea, and ass essed r evised penalt ies and cost s totaling $3,000. OGC followed up w ith M r. Ris her in Aug ust 2012 and in September 2012 on settlement of this matter, but has not received a response. Staff recommends t he Board aut horize t he init iation of lit igation against James and Car olyn Risher and any ot her appr opriate parties to obtain com pliance, t o recover an adm inistrative fine/civil penalty for the violations, and to recover District enforcement costs, court costs and attorney’s fees.
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