Should government bail out seawall owners?

[hi n dry]

Defend Our Beaches: January 11, 4pm at the court house annex.

Please see the attached January 6, 2011 Beach Breeze Article On The Proposed Walton County HCP and seawall issue .

Note: This topic will be on the Board of County Commissioners(BCC) agenda January 11 at 4pm at the court house annex.

excerpt: "...there is concern that if the legislation >to remove the requirement for post Dennis seawall owners to obtain a state permit < is approved as proposed, the motivation of these seawall owners to participate and share in funding of the county's HCP would be removed, leaving taxpayers as a whole to shoulder the cost of the plan in full."

The Walton County Habitat Conservation Plan (HCP) had to be developed to resolve issues due to harm to the environment of the construction of sea walls by private property owners after the 2005 hurricane Dennis. The cost of this is $10 million dollars.

Prior to installing the seawalls the owners were informed that they would be considered temporary until permitted. In order to be permitted the seawall owners were to be required to participate in paying for the HCP.

On December 15 the seawall owners with their numerous attorneys persuaded state legislatures to introduce a law to remove the permitting requirement .

With this amnesty the seawall owners would no longer have to contribute to the cost of the HCP. This would leave the taxpayers with the multimillion dollar cost of the HCP.

I support the position of Billy McKee, county environmental manager, that seawall owners should be required to obtain a state permit for their seawalls.

McKee does favor a more simplified approval process but feels that armoring has be properly permitted ensure accountability and tracking .

Mr. McKee stated: ?We?ve got to maintain the quality and integrity of the beaches?.

Please attend this important BCC meeting January 11 at 4pm at the court house annex.

This time lets have more citizens in attendance who are concerned about the beaches and cost to taxpayers.

Also, please contact the below officials to express your opinion.

State Legislators:

Representative Marti Coley
Phone: 850-488-2873 850-488-2873
Email: <marti.coley@myfloridahouse.gov>

Senator Don Gaetz
Phone: Toll Free: 866-450-4366 866-450-4366 or 850-487-5009 850-487-5009
Email: <gaetz.don.web@flsenate.gov>

Representative Brad Drake
Phone: 850-488-4726 850-488-4726
Email: <brad.drake@myfloridahouse.gov>

Senator Greg Evers
Phone: 850-689-0556 850-689-0556
Email: <evers.greg.web@flsenate.gov>


County Commissioners:

Scott Brannon, District 1/ Vice Chairman
Phone: 850-835-4860 850-835-4860
Email: <brascott@co.walton.fl.us>

Kenneth Pridgen, District 2
Phone: 850-834-6328 850-834-6328
Email: <prikenneth@co.walton.fl.us>

Larry Jones, District 3, Chairman
Phone: 850-892-8474 850-892-8474
Email: <jonlarry@co.walton.fl.us>

Sara Comander, District 4
Phone: 850-835-4834 850-835-4834
Email: <comsara@co.walton.fl.us>

Cecilia Jones, District 5
Phone: 850-231-2978 850-231-2978
Email: <joncecilia@co.walton.fl.us>

 

[John R]

Hope to see you there this afternoon. A lot is riding on this.

 

[hi n dry]

County proposes compromise for seawall permitting

Below is fanout from SWCC regarding BCC meeting today regarding Proposed state legislation to exempt post-Hurricane Dennis from the FDEP permitting requirements.

"As you will recall from previous emails, some gulf front property owners met with four of the local state legislators and presented a bill which provided that "no permit is required for any rigid coastal armoring structure constructed between July 1, 2005 and April 30, 2006 and such rigid coastal armoring structure may remain without the necessity of a permit and at the option of the upland property owner".

The four state delegates voted to move the proposal forward subject to working out the details. At the hearing before the legislative delegation, the gulf front property owners presenting the bill argued that the bill was necessary as the Florida Department of Environmental Protection had taken too long in processing applications for permanent armoring structures to their detriment in not being able to sell their property and otherwise have a final conclusion on the issue of a permit. It was indicated at the hearing that there were approximately 136 applications for post-Dennis seawalls.

As a brief explanation, state law requires that any proposal for a seawall must meet certain state requirements including criteria for eligibility(e.g., house built before Mar. 17, 1985) and vulnerability, design and construction standards, siting standards, etc. In applying state law to permit applications, FDEP has thus far denied some walls and approved others.

Walton County is proposing a compromise to the proposed local bill. The highlights of the proposed letter from Walton County that will be voted on at the county commission meeting are as follows:

1. The County has concerns with the proposed legislation.

2. "Allowing seawalls constructed after Hurricane Dennis to remain in place and be exempt from any permit conditions would be contrary to the overall best interest of the county in the protection and preservation of the beach and dune system".

3. FDEP seawall permit applications "should be reviewed to insure that structures were properly constructed and will not have negative consequences to adjacent properties and the dune system".

4. If the structure meets all criteria except for the "eligibility and vulnerability" standard, the county agrees that those standards can reasonably be waived and a permit issued.

5. The value of a permit on file is that "legitimizes the structure and would facilitate maintenance accountability and tracking.

....................................................
COUNTY COMMISSION AGENDA

4:00 PM
Call to Order Invocation
Pledge of Allegiance to the American Flag
Approval of Agenda addition or deletion of items
Approval of Consent Agenda

1. Approve Expenditure Approval List (EAL)
2. Approve Minutes of December 14, 2010, Regular Meeting and December 20, 2010, Special Meeting
3. Approve to surplus several items from the Tax Collectors Office
4. Approve to surplus several items from the Fire Rescue Department
5. Approve to surplus several items from the TDC
6. Approve the Federal Election Activities Grant for fiscal year 2010-2011 for the Supervisor of Elections
7. Accept the Division of Emergency Management Grant for Post Disaster Redevelopment Plan and County Specific Training

4:05 PM Lyle Seigler, County Administrator
1. Citizens Services
a. Request from Rebecca Pazik, Center Manager for Walton County JobsPlus, to give an update on the Non Custodial Parent/Ex-Offender Grant
b. Board and Committee Appointments (for Coastal Dune Lake Advisory Board)

2. Emergency Response
a. Bid 010-032 Portable Care Fire Simulator, permission to re-bid

3. Human Resources
a. Revision of Policy 11, Annual Leave (second reading)
b. Revision and update of Policy 16, Sick Leave, Not Job Related (second reading)

4. Public Works
a. Widening of State Road 83 (US 331)
b. BankTrust Letter of Credit No. 260, Surety for the Village at Grayton Beach Phase I
c. Purchase of GPS Tracking Software and Equipment for 7 Spray Trucks
d. Violet Lane and Trout Drive Construction management and Inspection Services Proposal

5. Administration
a. Request from Kim Kirby, DeFuniak Springs City Manager, to approve the Natural Gas Franchise Agreement
b. Draft letter to State Legislative Delegation regarding local bill concerning seawalls in Walton County

4:15 PM Dawn Moliterno, Tourist Development Council
1. LKM, Advertising Agency Amendment to the contract
2. LKM, Advertising Agency request to transfer funds
3. Hire a Law Firm for TDCs BP Claim
4. Joint Resolution regarding Oil Spill Claims

4:20 PM Lynn Hoshihara, County Attorney
1. Surplus of property Ed Brown Road
2. Property located in Darlington

4:30 PM Public Hearings

1. Approve a Resolution to amend the budget for the County Transportation Trust Fund by $1,290,940 from reserves for fiscal year 2010-2011
2. Continued Public Hearing to consider an Ordinance setting forth the County Administrators roles and responsibilities

4:50 PM Commissioner Cecilia Jones, District Five
1. Advertise for a Public Hearing date to consider amending the Parking Ordinance
4:55 PM Commissioner Sara Comander, District Four
5:00 PM Commissioner Kenneth Pridgen, District Two
5:05 PM Commissioner Scott Brannon, District One
5:10 PM Chairman Larry D. Jones, District Three Public

5:15 PM Comments

5:20 PM Habitat Conservation Plan 2nd Public Hearing for adoption
1. Approve the Habitat Conservation Plan (HCP) and submit the document to the US Fish & Wildlife

5:30 PM Planning and Development
Quasi-Judicial Items:

1. The Grove By the Sea 3rd Addition Replat
2. Alys Beach Developers Agreement
3. 723 WHISKEY BRAVO Project number 10-001-00023. This is a major development application submitted by Moore-Bass Consulting, consisting of a 4,300 square foot restaurant with a 1,448 square foot roof platform, a 316 square foot addition to the existing commercial building, and the renovation of the existing commercial cottages. The project is on 1.16 acres, with a future land use of NPA-RP. The site is at 3031 East C.R. 30A (parcel number 14-3S-19-25090-012-0020, 14-3S-19-25090-012-001A, 14-3S-19-25090-012-0010).

Adjourn.

Information on certain items:

Proposed state legislation to exempt post-Hurricane Dennis from the FDEP permitting requirements. As you will recall from previous emails, some gulf front property owners met with four of the local state legislators and presented a bill which provided that "no permit is required for any rigid coastal armoring structure constructed between July 1, 2005 and April 30, 2006 and such rigid coastal armoring structure may remain without the necessity of a permit and at the option of the upland property owner". The four state delegates voted to move the proposal forward subject to working out the details. At the hearing before the legislative delegation, the gulf front property owners presenting the bill argued that the bill was necessary as the Florida Department of Environmental Protection had taken too long in processing applications for permanent armoring structures to their detriment in not being able to sell their property and otherwise have a final conclusion on the issue of a permit. It was indicated at the hearing that there were approximately
136 applications for post-Dennis seawalls.

As a brief explanation, state law requires that any proposal for a seawall must meet certain state requirements including criteria for eligibility(e.g., house built before Mar. 17, 1985) and vulnerability, design and construction standards, siting standards, etc. In applying state law to permit applications, FDEP has thus far denied some walls and approved others.

Walton County is proposing a compromise to the proposed local bill. The highlights of the proposed letter from Walton County that will be voted on at the county commission meeting are as follows:
1. The County has concerns with the proposed legislation
2. "Allowing seawalls constructed after Hurricane Dennis to remain in place and be exempt from any permit conditions would be contrary to the overall best interest of the county in the protection and preservation of the beach and dune system"
3. FDEP seawall permit applications "should be reviewed to insure that structures were properly constructed and will not have negative consequences to adjacent properties and the dune system".
4. If the structure meets all criteria except for the "eligibility and vulnerability" standard, the county agrees that those standards can reasonably be waived and a permit issued.
5. The value of a permit on file is that "legitimizes the structure and would facilitate maintenance accountability and tracking.

Establish Hearing Date for Parking Ordinance. (Commissioner Cecelia Jones) The current county Parking Ordinance encompasses such topics as no parking zones, use of mulit-use path, construction parking rules, ATV use restrictions, parking for disabled, etc. As soon as I get a copy of the proposed changes to this ordinance, I will send them to members.

Joint Resolution on Oil submitted by TDC. This is a proposal for a joint resolution supporting a "United Recovery Plan". A copy of the proposed resolution was not in the county public packet for the meeting so I cannot provide any details at this time.

The Habitat Conservation Plan. I have sent so many emails explaining this process that I will spare you the repetition. Basically, this is a proposed mitigation plan for the seawalls. Here is the latest statement from the county staff. You can view the plan on the county website as indicated below.

We are continuing to revise the HCP to incorporate all relevant changes
and will provide a summary of those changes at the January 11 meeting.
Please check our website for the revised Draft 3: Your
Government>Environmental Resources>Habitat Conservation Plan (on the
left sidebar).

Please do not hesitate to call or email if you have questions. Contact
me or Billy McKee at (850) 892-8108 (850) 892-8108 .

 

[scooterbug44]

Why do we need to hire an attorney for the TDC's BP spill claim?

Did they file one already and have it get denied?

 

[Morning Glory]

Should government bail out seawall owners

Why do we need to hire an attorney for the TDC's BP spill claim?

Did they file one already and have it get denied?

They have to give George Miller and Clay Adkinson something to do

 

[GoodWitch58]

on channel 7 news tonight, the TDC director said an attorney would bring other skill sets to the table, like economics...

 

[Smiling JOe]

That's some good lawyer money - 20% of the BP payout (on contingency -- no win, no pay), which they state is at least $1 million. They are actually trying to hire an attorney who is very experienced with the BP situation with much understanding of the entire situation and the evidence needed to win the case. I assume the reason they are hiring the attorney is due to BP not paying the TDC.

 

[GoodWitch58]

but didn't they get tons of BP money and they spent it on advertising and giving out gift cards from Southwest, etc.?

 

[scooterbug44]

on channel 7 news tonight, the TDC director said an attorney would bring other skill sets to the table, like economics...

So now we need to hire a lawyer for their economic expertise? Does the lawyer have a degree in economics? Didn't we hire people for the TDC because THEY were supposed to know the local economy?

I saw a news clip the other day and per the TDC's own survey (wonder what that cost BTW) only 50% of previous visitors stayed away because of oil concerns.

25% cited financial reasons. Maybe they should address that. Every event keeps jacking up prices and nickel and diming folks and few other prices ever go down.

 

[Smiling JOe]

Not for their economic expertise. For their oil disaster expertise and ability to demonstrate to a court how it affects local economies.