Driftwood on the BCC Agenda

"The board voted to proceed and join in the suit" I was the one who offered to let them modify parts of the suit to be "In the county's best intrest"
As for the legal fee bill, that was enforcement of an agreement with the county that I presented 4 years ago and should have been enforced years ago. I think the sun got it right. Sorry you and robert don't get it. No big surprise there, you two don't have a understanding of the issue and I don't care if you do. Wake up people and enjoy the right thing happening.

I agree, I do not understand the issue. My whole comment on this thing was how a republican form of government worked, not a thing to do with what was going on in Driftwood Estates. I do not believe I have ever stated that I understood the issue.

What is your definition of right? Some, including many of the sitting commissioners already feel that they are doing what is right. Since we live within a Republic form of government, and seeing the way that the recent election came about, I think you good make a very strong argument that the BCC is heading in the right direction.

wrobert, I believe what paradiseat30a meant by "the BCC doing what is right," is that they hold developers accountable to do the things required by Code. In this case, the developer didn't do what was required, and have still failed. Last night, the spokesman for the developer mentioned that the lender is involved and that was an issue. (I took that to mean that the developer may not have the cash to do what was required four years ago, and it is like pulling teeth to get the lender to fork over the cash to do the work.)

Back when Commissioner Commander made the motion which was approved roughly two months ago, the motion included that if the developer had not performed "substantial" work to complete the required infrastructure in 45 days, the County might proceed with a lawsuit against the developer. This was their polite and final warning for the developer to perform. The 45 day deadline came and went without substantial work being completed. Two days ago, one day prior to the BCC meeting, they suddenly had paperwork signed off, noting that they were working on it. No evidence of substantial work completed.

As I understand it, last night, the County Commissioners were in agreement to join the suit, and County Interim Attorney, Mike Burke, stated that he couldn't, in good council, agree for the County to join a suit which he had not reviewed, so he will review the suit, and advise the BCC accordingly at the next meeting in two weeks.

A long battle was won last night. The County agreed to adhere to State Law (surprise, surprise, surprise) and send the $300,000+ bill, and all future bills, to the developer.

As I understand it, last night, the County Commissioners were in agreement to join the suit, and County Interim Attorney, Mike Burke, stated that he couldn't, in good council, agree for the County to join a suit which he had not reviewed, so he will review the suit, and advise the BCC accordingly at the next meeting in two weeks.

A long battle was won last night. The County agreed to adhere to State Law (surprise, surprise, surprise) and send the $300,000+ bill, and all future bills, to the developer.

Thanks. What you are saying makes sense with what I was told. So does this mean that the county is going to hold everything to the development as approved and then bill the developer for additional work that needs to be done? Considering the financial condition of many of the developers today, where does that leave the county?

No, wrobert. The County, by state law, must hold the developer to correct the problems. As I understand it, the County cannot repair the deficient work then send the bill to the developer. The bill and future bills, being sent to the developer, are for the legal fees, as I understand it, not any work performed.

If the County takes on the work, which was not done by the developer as required, I think the bill would be well into the millions. The County should not be using tax moneys to pay for things that a developer was required to do. As noted, the developer is supposedly in the hole, financially, so getting them to pay up now, will be nearly impossible. I'm just wondering if the lender for the project will be held accountable if the developer cannot install the infrastructure which was required prior to the development being approved.

I will be speaking at the BCC tuesday night. It has been over 60 days since the BCC gave the developers a order to comply within 45 days.(They have done nothing!) I have already sued the developers for noncompliance. I will offer to let the county join our suit at MY expense to both fix the neighborhood and repay the county for the money it has spent. Just so the facts are straight the State DCA is in agreement with the homeowners on the drainage deviations from the development order and have stated so in writing. See you there!:lolabove:
Alan Osborne

One of the most interesting things about last nights hearing was the offer made by Osborne to hold the County harmless if he does not prevail in court. If he looses than he stated that he would then not file suit against the County. He may be able to waive his his right to sue but he cannot waive anothers rights. In reality he needs the county to join in the suit. Those sitting on the jury will place a lot of weight on the fact that it is not just the Homeowners but a sitting governmental body.

The last words out of Commissioner Commander to the engineer for the developer was - "You have two weeks".

He also corrected his 1st post (quotedd above) when he said the developer had done nothing. He corrected that and stated what they had actually done.

yes, those were Comm. Commander's last words, but she is the one who made the motion two months ago, telling the developer's representative, "you have 45 days!"

What is your definition of right? Some, including many of the sitting commissioners already feel that they are doing what is right. Since we live within a Republic form of government, and seeing the way that the recent election came about, I think you good make a very strong argument that the BCC is heading in the right direction.

According to the vote last night, I will agree with you. Prior to that, I'm not so sure.

wrobert, I believe what paradiseat30a meant by "the BCC doing what is right," is that they hold developers accountable to do the things required by Code. In this case, the developer didn't do what was required, and have still failed. Last night, the spokesman for the developer mentioned that the lender is involved and that was an issue. (I took that to mean that the developer may not have the cash to do what was required four years ago, and it is like pulling teeth to get the lender to fork over the cash to do the work.)

Back when Commissioner Commander made the motion which was approved roughly two months ago, the motion included that if the developer had not performed "substantial" work to complete the required infrastructure in 45 days, the County might proceed with a lawsuit against the developer. This was their polite and final warning for the developer to perform. The 45 day deadline came and went without substantial work being completed. Two days ago, one day prior to the BCC meeting, they suddenly had paperwork signed off, noting that they were working on it. No evidence of substantial work completed.

As I understand it, last night, the County Commissioners were in agreement to join the suit, and County Interim Attorney, Mike Burke, stated that he couldn't, in good council, agree for the County to join a suit which he had not reviewed, so he will review the suit, and advise the BCC accordingly at the next meeting in two weeks.

A long battle was won last night. The County agreed to adhere to State Law (surprise, surprise, surprise) and send the $300,000+ bill, and all future bills, to the developer.

Thank you Smilin Joe, just now having a chance to catch up on all the commentary. I could not have answered Mr Nelson's question better myself as far as what I meant about our local government doing what is right. Your facts are correct. My point was to the Drfitwood issue, which I thought was clear; it had nothing to do with "how a form of Republican government worked"....

Could someone loan Mr. Osborne a ladder. I think he needs one. Seems the Commission didn't vote his way tonight.

Did he wave and shout ? I heard he did during his meeting with Burke.

Could someone loan Mr. Osborne a ladder. I think he needs one. Seems the Commission didn't vote his way tonight.

Did he wave and shout ? I heard he did during his meeting with Burke.

What was the decision taken by the BCC yesterday on the Driftwood issue? Does this mean that Walton County (after the County attorney researched the issue) is not going to join Osbourne's lawsuit, and were any reasons given?

What was the decision taken by the BCC yesterday on the Driftwood issue? Does this mean that Walton County (after the County attorney researched the issue) is not going to join Osbourne's lawsuit, and were any reasons given?

I thought the Walton Sun had already reported that this was a done deal.

I thought the Walton Sun had already reported that this was a done deal.

My understanding was that the BCC decided 2 weeks ago to have the County Attorney research whether to join Osbourne's lawsuit and then take a final decision at yesterday's meeting. Here's part of the agenda from yesterday (with only the relevant section):

"AGENDA

WALTON COUNTY
BOARD OF COMMISSIONERS
September 23, 2008

................

4:30 PM Allen Osborne
1. Driftwood Estates; question concerning Walton County joining law suit
............"


I was curious if anything was decided.

My understanding was that the BCC decided 2 weeks ago to have the County Attorney research whether to join Osbourne's lawsuit and then take a final decision at yesterday's meeting. Here's part of the agenda from yesterday (with only the relevant section):

"AGENDA

WALTON COUNTY
BOARD OF COMMISSIONERS
September 23, 2008

................

4:30 PM Allen Osborne
1. Driftwood Estates; question concerning Walton County joining law suit
............"


I was curious if anything was decided.

I found this from wzep1460.com.

Commissioners decided to not join with Osborn and the Driftwood residents in a lawsuit against the developer. Commissioners were told the parties are coming to the table and the work is beginning to be started. Commissioners questioned if a lawsuit would make it go any quicker.

I find it very interesting that every one was enjoying "Popping the cork" on the bubbly two weeks ago and now its kinda silent. Do we need to page Mr. Osborne and watch him eat a little *humble pie* for declaring game.set and match. Alot can happen in two weeks and it definitely did.

Reminds me of a song - "Row Row Row Your Own Boat"'

I'm still rowing

Sorry to disappoint you intrested girl but that was only team selection. The game is schelduled for August 26 in front of a jury. Be there if you are really an "intrested girl". I would offer you a battle of wits on the facts of the case but we all know you are unarmed in that department. If you want to testify in the case you will have to use your real name.:floor: For the record the county has spent 319K on drainage fixes for the developer and over 100k in design money for things that I wanted to hold the developers responsible for. I see that you must think it's alright for the taxpayers to bear the cost, I do not. Care to tell the people of SOWAL why you don't want the responsible parties to fix it. We are waiting for a good answer because from where I stand, no matter how far I have to climb up that "ladder", I'll have to step over your head to put my foot on the first rung.:yikes:
Alan Osborne

ouch, thats going to leave a mark!

Mr. Osborne - believe me your knowledge of the issues is not perfect nor are your evaluations of mine. You will have your day in court. August of '09 is still a long way off. I'm standing on high ground looking into the hole you dug for yourself two weeks ago with you statements. Maybe Someone will give you a ladder. but it wasn't the BCC as you claimed.

Call Gwen maybe she can get the story right this time.

High and dry in Miramar Beach without a mark on me.

Sorry to disappoint you intrested girl but that was only team selection. The game is schelduled for August 26 in front of a jury. Be there if you are really an "intrested girl". I would offer you a battle of wits on the facts of the case but we all know you are unarmed in that department. If you want to testify in the case you will have to use your real name.:floor: For the record the county has spent 319K on drainage fixes for the developer and over 100k in design money for things that I wanted to hold the developers responsible for. I see that you must think it's alright for the taxpayers to bear the cost, I do not. Care to tell the people of SOWAL why you don't want the responsible parties to fix it. We are waiting for a good answer because from where I stand, no matter how far I have to climb up that "ladder", I'll have to step over your head to put my foot on the first rung.:yikes:
Alan Osborne

Who is the Attorney representing your cause?

Are you suing for performance of the D.O.?

Has your attorney had any success in this type of case in the past?

ouch, thats going to leave a mark!

That's not a mark - this is a mark

Cecilia Jones -3557 votes
Alan Osborne - 2367 votes

That's a mark that lasts a long time.

Who is the Attorney representing your cause?

Are you suing for performance of the D.O.?

Has your attorney had any success in this type of case in the past?

1. A firm called Smith, Brooks and Masterson.

2. I'm suing for compliance with the DRI, the development order and State law on right-of-way and plat abadonment, so yes that includes the D.O. too.

3. Yes, layne smith is an AV rated litigator with a lot of courtroom expierience in trail by jury and Steve Masterson has over 17 years of tallahasse legislation expierence and is a expert on state law and procedures on compliance with such. They have no business ties to walton county and feel so positive about our position they have even done some things pro bono. we are prepared to see it through to trail or to settlement with compliance being the requirement. I will post the case numbers if anybody wants to read it, it's public record. I don't want to discuss in depth unless I'm in front of the BCC on the record but I am happy to tell you where to look up a document on the web and you can be the judge yourself.

You didn't last long

That's not a mark - this is a mark

Cecilia Jones -3557 votes
Alan Osborne - 2367 votes

That's a mark that lasts a long time.

Couldn't defend yourself on Driftwood so had to go there? How quickly you fold WOW! I'm quite comfortable with the outcome of the election. Let's make it fun and run against each other in the next election.:rolling:What do you say SOWAL Osborne Vs Intrested Girl. Sounds fun.

Please answer the taxpayers question? Who should pay developer or taxpayers?

First question for the 2012 election debate. Maaaaaaaaaan this is fun!:lolabove:

Yes this is fun.

You goona run again ? (LOL) Wake up . The little lady is going to do a good job - you loose your advocate in December - and - the litte lady will beat you once again but by even more.

Keep rowing but you should try having two oars in the water.

Yes this is fun.

You goona run again ? (LOL) Wake up . The little lady is going to do a good job - you loose your advocate in December - and - the litte lady will beat you once again but by even more.

Keep rowing but you should try having two oars in the water.

Lets get the record straight, I have nothing bad to say about Cecila, gave her a hug on election day and talked to her the other night at the BCC meeting. I hope she does do a good job. As always, I try to support lots of things in my district like the youth sports programs and stand up against whats not right for our community. Good Luck Cecila!

Back to the subject, this thread was about Driftwood and you "Paged" me. If you can't answer a question on the subject, I know that your "Rose Colored glasses" have fogged over in frustration. I'll be at the Helen McCall park dedication at 10:30 today if you want to talk.

Taxpayers or these developers is the question of the day, Who should be held responsible for the driftwood problems?

Alan Osborne

Interested girl, what does Cecilia jones have to do with Driftwood? Are you just that blind to Driftwood, that you use the election to justify the wrong doing of the developers, and the lack of action by the County? Wake up and smell the coffee, girl.

Interested Girl, reference the results of the election, Mrs. Jones won, 2600 and some odd folks voted against her, hopefully she will earn the support of those who did not vote fo0r her