Agenda Item Name:
Title
Everett Parcel Access
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Presenter:
James K. Harriott, Jr., P.E.
Description:
Receive direction from Board reaffirming the direction to staff to allow access to Mr. Everett’s parcel.
Recommended Action:
Recommended Action
The Board hear Mr. Ronnie Everett’s request to reconsider the previously Board of County Commissioners approved access route to the Everett parcel.
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Prior Board Motions:
January 10, 2017 Board Motion: Refer the matter to the County Manager and County Attorney to come back with some sort of License Agreement that includes transferability for the Board to consider with the preferred route to be the staff recommended route. Further, staff should have a discussion with Mr. Everett regarding the feasibility of a sale of the property.
Fiscal Consideration:
Fiscal Consideration
None.
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Background:
EVERETT PARCEL
Mr. Everett owns two parcels. The parcels have access through an easement to State Road 222 (ATTACHMENT #1). Public documents show that Mr. Everett acquired the parcel “without physical or legal access.” Historically, Mr. Everett used the RockTENN parcel for access and possible hunting, although there were no easements or documents legally permitting the access route.
COUNTY PARCEL
The County acquired the RockTENN parcel in 2014.
The RockTENN parcel is a former landfill and is required to be secured by the Florida Department of Environmental Protection on Section 62-701.600(3)(i) of the Florida Administrative Code. (ATTACHMENT #2)
The County is reviewing plans for use of the parcel, in part, for storm debris management. These plans were discussed with the Board in February 2020 and will be discussed in upcoming workshops.
A County managed debris site will provide us options in the event of a storm. We currently contract for those services. During Hurricane Irma, we had difficulty due to the high demand across the state and we were pressed by the contractor/sub-contractors for services.
ACCESS TO MR. EVERETT’S PARCEL
On January 10, 2017, County staff review several possible routes and recommended the YELLOW route.
The YELLOW route uses Mr. Everett’s legal access to State Road 222, but provides access to the County property, allowing the travel route to avoid a wetland on the northwest portion of Mr. Everett’s parcel.
The Board motion was to return for Board approval with a License Agreement for the YELLOW route. (see ATTACHMENT #3 for the motion language)
At the request of the Board, the various routes were reviewed again in late 2019. (ATTACHMENT #4)
The BLUE route (Mr. Everett’s legal route) will require four culver installations. There is a drivable route adjacent to Mr. Everett’s legal access, but it is not within the boundaries of Mr. Everett’s easement.
The MAGENTA route does not appear to be entirely on property owned by the County and improvements require some impact on environmentally sensitive lands.
The RED route would require a significant impact to a creek system as well as other environmentally sensitive areas. The RED route has the greatest environmental impacts.
The YELLOW route is the recommended route and requires a minor creek crossing (not as significant as the RED route).
The GREEN route has the lowest impact or no environmental impact but traverses the center of the County landfill property. The GREEN route would impact future County uses the most.
TERMS OF THE LICENSE AGREEMENT
The conditions of the License Agreement were generally as follows:
Major Points
• Access Route - Yellow Route: uses Everett’s legal access and a portion of County parcel to avoid wetland.
• Type of Document - License Agreement
Minor Points
• Use of County property for access with certain vehicle types.
• Improvements to and maintenance of the route are Mr. Everett’s responsibility.
• The route must be secure with fencing to limit access to County property. Costs associated with installation and maintenance of the fence is Mr. Everett’s responsibility.
• Assignment or transfer of the license agreement is not possible. The County may entertain requests if the property is transfer to another owner.
• The licensee indemnifies the County and releases the County of liability.
• The County may terminate the license for non-exclusive bases, including:
o Breach of the terms of the license;
o Use and/or trespassing on County property;
o Code violation on the Everett property;
o A public benefit to change or eliminate access;
o Under a mandate of state or federal law or agency to discontinue allowance for access.
• County Manager may suspend use of the access for up to 60 days.
• Access may be terminated by the Board with 30-day notice.
REQUIREMENT FOR SECURED COUNTY PROPERTY:
There are two key reasons for County securing the site and dictate access.
First, the site that Mr. Everett desires to use for access is the subject of the Florida Administrative Code (F.A.C.) 62-701.600, referring to closed landfills. The site Mr. Everett wishes to traverse is a closed landfill with testing wells through the property. The F.A.C. states the access must be controlled and prevent access by unauthorized persons.
Second, future use for a yard waste/storm debris processing site. Staff has discussed the site with the Board for this type of use. After Hurricane Irma, the County contracted for use of a site which proved to be problematic. In the case of storm debris processing for a FEMA event, the site must be laid out and controlled to manage and track the debris on site.
POSSIBILITY OF COUNTY PURCHASE:
Mr. Everett owns two adjacent parcels with one of the parcels adjacent to the County parcel. As directed by the Board, staff inquired about the potential sale of the property. Mr. Everett was not interested in sale.