[tophcfa]

Originally Posted by Goldwingnut

The area affected is shown in the picture below. The agreement for maintenance appears to affect about 25-30 homes, depending if you count just those with direct views or include those with indirect views. The agreement itself is between Mr. White and SLCDD.

The area in question is different from the other wetlands areas in TV as it is a conservation easement and has a different agreement with SWFWMD on how it is to be maintained and what is allowed. The residents and their attorney over the last year and a half or so had made multiple appearances before the PWAC using multiple tactics, arguments, and justifications to persuade the board, many had merit and were logical, some were questionable, some bordered on pathetic. Most of the arguments centered around either what the agreement said (the lawyering of the words on the paper was amazing) or what they were told by the salesman who sold them the property (you know, the same ones who told you build out was just around the corner...).

In the end it simply came down to a question of was the property being maintained properly and in accordance with the SWFWMD permit and agreement, SWFWMD said yes the district was in compliance and no additional actions were required.

The residents presented a plan to the committee and SWFMD for additional maintenance of the area which was found to be acceptable but not required. It was also expensive. PWAC was reluctant to take on this large expense for many reasons and was considering their options when the resident came forward with the offer of paying for the work themselves.

Before approving the agreement to allow the residents to spend their own money to maintain this land at a higher level than was required the question was ask by the board if someone doesn't or decides not to pay to maintain the area per the agreement what happens, the answer was that if they didn't pay the additional maintenance doesn't happen.

The long term of what will become of the agreement is yet to be seen, in the short term hopefully this issue appears to finally be put to bed and we should hear no more about it. Personally, I think this saga is far from over and when the checks have to be written in a year, or two, or three, this will raise its ugly head again.

Thanks for the great and informative post, it explains a lot, but not everything. Not sure why this particular area has a different agreement than other wetland areas? It seems to me that the only logical explanation is that if you can afford to hire enough high priced lawyers and drag out the legal process long enough, eventually the water management district will fold and let you have your way? Kind of too bad for us common folks that would just like to clear some vegetation and reclaim the lost view without emptying the bank account.