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4E1ADDITIONAL ITEM -- CONTINUED FROM 12/8/2015

BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

PLACEMENT: CONSENTPRESET: TITLE: REQUEST FOR APPROVAL OF AGREEMENT AND APPROVAL OF FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF K. DEAN GEYER

AGENDA ITEM DATES:

MEETING DATE:12/15/2015

COUNTY ATTORNEY:11/23/2015

COMPLETED DATE:12/3/2015

ASSISTANT COUNTY ADMINISTRATOR:11/30/2015

REQUESTED BY: DEPARTMENT: PREPARED BY:

Name: Robert S. Raynes on behalf of K. Dean Geyer

County Attorney Elizabeth V. Lenihan

Name: Assistant County Attorney

Procedures: None

EXECUTIVE SUMMARY:

Request the Board of County Commissioners 1) approve an Agreement with K. Dean Geyer and Trailside Homeowner’s Association, Inc.; and, 2) pursuant to the Agreement and the provisions of Section 1.98.B, General Ordinances, Martin County Code, consider approval of a Fine Reduction Stipulation and Agreed Recommended Order regarding the Code Enforcement case of K. Dean Geyer.

APPROVAL:ACACAACACA

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BACKGROUND/RELATED STRATEGIC GOAL:

On May 16, 2012, a Stipulation and Agreed Final Order was entered against K. Dean Geyer for a violation of Section 4.342.C.-Excavation and/or filling of more than 10,000 cubic yards, Section 4.911.C.1, Land Development Regulations, Martin County Code, and Section 105.1 Florida Building Code (FBC), Required, as incorporated by Section 21.1 General Ordinances, Martin County Code. Compliance was required by November 16, 2012. On December 19, 2012, an Amended Stipulation and Agreed Order was entered against K. Dean Geyer, which extended the date for compliance to March 19, 2013. On April 12, 2013, an Affidavit of Non-Compliance was issued. Costs in the amount of $250.00 were paid May 29, 2012. Notwithstanding any potential tolling, as of October 14, 2015, afine in the amount of $93,900 had accrued.

All of the issues with the code violation have been resolved, except that Mr. Geyer has been unable to demonstrate compliance with Section 4.843.K. LDRs, which requires that a lot must directly front on an open road for a building permit to be issued to construct any structure. On November 19, 2013, the Board considered a request from Mr. Geyer for a road opening. Trailside Homeowners Association, Inc., the adjacent residential subdivision, objected to the road opening request. The parties have had numerous discussions with County staff in the past two years attempting to resolve the issues surrounding the request for road opening.

On October 21, 2015, Mr. Geyer, representatives from Trailside Homeowners Association, Inc. and County staff entered into formal mediation of the matter. The Board is requested to approve the Agreement resulting from that mediation. As part of the Agreement, the Board is also requested to approve the Fine Reduction Stipulation and Agreed Recommended Order, which was recommended by the Code Enforcement Magistrate and staff on November 18, 2015.

ISSUES:

The parties are finalizing the language of the Agreement. The Agreement will be provided to the Board via Supplemental Memorandum.

LEGAL SUFFICIENCY REVIEW:

This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.

RECOMMENDED ACTION:

RECOMMENDATION 1. Move that the Board approve the Agreement subject to final review by the County Attorney’s

Office and authorize the Chair to execute the Agreement.

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2. Move that the Board accept the Magistrate’s recommendation that the fine reduction to $0 be accepted subject to the terms and conditions of the Agreement and the Fine Reduction Stipulation and Agreed Recommended Order.

ALTERNATIVE RECOMMENDATIONS Resume mediation.

FISCAL IMPACT:

RECOMMENDATIONNone.

Funding Source County Funds Non-County Funds Authorization

Subtotal

Project Total

ALTERNATIVE RECOMMENDATIONSAdditional mediation costs.

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment Chair Letter Contract / Agreement

Grant / Application Notice Ordinance 1 Resolution

Other:

ROUTING:

_ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD_ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USDX CA X ACA _ LEG

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BCC MEETING DATE: 12/8/2015 AGENDA ITEM: 8C1

Page 1 of 1 leg2016M45 SUPPLEMENTAL.docx

MARTIN COUNTY, FLORIDASUPPLEMENTAL MEMORANDUM

TO: Honorable Members of the Board of County Commissioners

DATE: December 2, 2015

VIA: Taryn KryzdaCounty Administrator

FROM: Elizabeth V. Lenihan , Esq.

REF: 8071fe5aSUBJECT: REQUEST FOR APPROVAL OF AGREEMENT AND APPROVAL OF

FINE REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF K. DEAN GEYER

On November 18, 2015, the attached Fine Reduction Stipulation and Agreed Recommended Order was presented to the Code Enforcement Magistrate. The Code Enforcement Magistrate has recommended to the Board of County Commissioners that subject to approval of the conceptual settlement agreement by the Board of County Commissioners, a full lien reduction is warranted; however, if the conceptual settlement agreement is not approved, the fine shall continue to accrue until compliance is achieved.

The parties are finalizing the language of the Agreement. The Agreement will be presented to the Board of County Commissioners as soon as possible. This item may need to be continued.

TK/EVL/ef

Attachment

Reviewed by County Attorney’s Office

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BCC MEETING DATE: 12/15/2015 AGENDA ITEM: 4E1

Page 1 of 1 leg2016M46 SUPPLEMENTAL.docx

MARTIN COUNTY, FLORIDASUPPLEMENTAL MEMORANDUM

TO: Honorable Members of the Board of County Commissioners

DATE: 12/08/15

VIA: Taryn KryzdaCounty Administrator

FROM: Elizabeth V. Lenihan, Esq.

REF: 8071e5aSUBJECT: REQUEST FOR AGREEMENT AND APPROVAL OF FINE

REDUCTION STIPULATION AND AGREED RECOMMENDED ORDER REGARDING THE CODE ENFORCEMENT CASE OF K. DEAN GEYER

The signed Agreement is attached to this Supplemental Memorandum.

Recommendation:1. Move that the Board approve the Agreement and authorize the Chair to execute the

Agreement.2. Move that the Board accept the Magistrate’s recommendation that the fine reduction to

$0 be accepted subject to the terms and conditions of the Agreement and the Fine Reduction Stipulation and Agreed Recommended Order.

Reviewed by County Attorney’s Office

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AGREEMENT

DEAN GEYER, also known as K. DEAN GEYER (hereinafter referred to as "GEYER ),

and the'IRAILSIDE I{OMEOWNERS ASSOCIATION, INC., a Florida not-for-profrt

corporatign (hereinafter refened to as "TRAILSIDE"), enter into this Agrecment this

day ofDecember,2015 (the "Effective Date').

W}IEREAS, GTYER is the owner of certain real property in Martin Counf, Florida,

described on the attached Exhibit "A" (hereinafter refened 1o as "the GEYER Property"); and

WHEREAS, IRAILSIDE is the owner of property adjacent to the GEYER Property; and

WHIIREAS, GEYER has acccss to his property through the Trailside Subdivision; and

WI{EREAS, OEI'ER wishes to obtain a building permit for a structure or structures

located on tlre GEYER Property which were constructed without flrst obtaining a building

permit; and

WHttRtAS, the COtlNliY prosecuted a code enforcement action against GEYER for

building a rcsidence on his Property without obtaining a building purmit, and a fine was imposed

which accrues on a daily basis until a bui'ldine permit is obtained by GEIER; and

WI'IEREAS, thc COUNTY cannot issue a buildiirg permit lbr the GEYER Properly

unless the GEYER llroperty directly fronts an open road or unless GEYER obtains a variance to

the open rnad fronlage requirernent pursuant to Seslion 4.843,K.1. of the Land Development

Regulations of Martin County, Florida, which will provide access to the GEYER Property; and

WHEREAS, in November 2013 GEYER requcsted the COIINTY add SW Stable Run to

its Open Road Inventoryt and

IVTiEREAS, TRAILSIDE objected to the COUN'IY adding SW Stable Rtn to ils Open

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Road Inventoty; and

WFIIIRE A,S, TRAiLSIDE does not object to GEYER's past, present and continued use of

SW Stable Run and other legal Easements, identified herein, as a driveway by which he may

access the GEYER Property from SW Trailside Path; and

WHEREAS, all parties wish io amicably resolve a:ry and all disputes among them and

havq to lirat end, participated on October 21, 20i5, in a mediation conference.

NOW, THEREFORE, in consideration of the mutrral promises, covenants,

representations, and conditions set forth trelow and other good and valuable consideration

exchanged by and between the parties, receipt of which is acknowledged, GEYER and

TRAILSIDE, agree as follows:

l. The Recitals above arc incorporated herein.

2. CEYER- will withdraw all applications hc submittsd for SW' Stable Run.

3. The parties confim, acknowledge, understand and agree that GEYER has had, has

always had, and shall continue to have legal access to his Property through the Trailside

Subdivision.

4. GEYER will apply to COUNTY for apprr.rval of a variance that will allow him to

obtain a truilding permit on the GEYER Property pursuant to Section 4.843.K.1.c' of the Land

Development Regulations of Marlin County, !'lorida, based upon access to SW Trailside ?ath,

lhrough the Trailside Subdivision and the lngress and Egress Easement granted in 2000,

recorded in 0.R. Book 1501, lagc 655 of tho Public Records of Martin County, Florida,

GEYER's application will include a requesl to have his mailing address on SW Trailside

Path.

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5. GEYER acknowledges that he has access to the GEY€R Property through the

'l railside Subdivision and over an easement within the Sunlight Ranch subd:ivision as recorded

in O.R. Book 2789,Page 1578 of the Public Records of Martin County, Florida, and thal he

will continue to use that access fbr so long as reasonable, practical and convenient.

6. TRAILSIDE agrees thax it will not object to GEYER's application for a variancc and

buiiding permit to the GEYER Property, so long. as it complies with the terms and conditions of

this Agreement and Martin County Code.

7. CEYER agiees no1 interfere with the use by TRAILSIDE of the Drainage, Irrigation

and Utility Dasement recorded in O.R. Book l432,Page i 716 of the Public Records of Martin

Counly, Florida, fbr the purposes set oullherein.

8. GEYEI{ agrees that he will not alter, change. damage or impcde the use of common

areas within the'l'railside Subdivision, a:rd 1IRAiI-SIDE a$ees to maintain the common ateas so

that the easements that provide access to lhe GEYLR ?roperty are in passable conditirx.

9. Upon approval of fie variance , GtiYER wi.ll be eligible for a building permit for his

Property.

10. Upon execution of this Agreement GEYER will pay the sum of Twenty-Two

'lhousand Dollars ($22,000.00) to 'I'RAILSIDE by delivering a check or wired ftnds to the Trust

Account of Littman, SherJock & Heims, I'.A., counscl for'|RAII"SIDE. The fi.rntls wi-l1be held

in escrow until this Agreement is effective (see Paragraph 14 below), at which time the funds

will tre released to TRAILSIDE in firll and final settlement of all claims or damages that were or

could have been asserled by TRAILSIDE in connection with the dispute which is the subject of

this Agreement.

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I 1. TRAILSIDE shall notify GEYER and the COIINTY in writing when it receives

payment ofthe funds described above.

12. CEYER will comply witl al1 ierms of the Maintenance Agreernent previously

entered into with'IRAILSIDD and will make ali payments of his pro-rata share of maintenance

fees as determined by TRAILSIDE pursuant to the Maintenance Agreement.

13. GI1YER will comply with all zoning and development regulations applicable to his

Property, which is currenlly zoned for single'family residential use.

14. The parties acknowledge that the terms and conditions ofthis Agreement are subject

to approval by the Martin County lloard of County Conrmissioners and that, in conneclion

therewith, this Agreelrled shall be considered a public record available for public review,

inspeclion, and com:nent. 'Ihis Agreement will be effective upon approval by the Board of

Cormty Commissioners absent any administrative or judicial challenge,

15. If the Board of Counly Commissionem fails or refuses to approve lhe torms ofthis

Agreement. mediation may be reconvened at 1he request ofany party pursuant to the terms of the

Mediated Settlement Agreement previously cntered into by the parties or any party may proceed

with such applications. objections, or olher matters as such party may choose to pursue.

1.6. Upon approval of this Agreement by the Martin County Board of County

uommrssloners, \r-n rtlrl- ano r RAILSIDE will execute mutual releases in the fbnn attached

hereto as Exhibit "B".

17. Each of the parties shall bear their ou'n attomeys' fees and cosls related to ths

negotialion ofthis Agreement and all matters related to the dispulc that is hereby resolved.

1 8. Each ofthe parties hereto agrees that any suit, action or lega.l proceediug arising out

\

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ofor related to this Agreement sha1l be brought solely and exclusively in the couds ofthe 19&

Judicial Cirouit of Florida, in and for Martir County. Further, eash party consents to the in

personam jurisdiction of such courts in any such sui1, action or proceeding and waives any

objection.which il may have to the laying ofvenue of ary such suit, action or proceeding in any

of such courls. Further, the parlies acknowledge and agree that this Agreemenl, anrl all

transactions contemplated by this Agreemcnt, shatl bc governed by and conshued and enforceo

in accordance with the laws oflhe State oflrlorida wilhout regard to principles olconfliets of

law.

19, 'fhe parties acknowledge that each person executing this Agreement has fi l dnd

complete authority to legally bind the parties to its terms, that each has fully read this

Agrecment, understands i! and lreely and voluntalily signs it on the Effective Datq intending to

be f,rlly and legally bound by ir.

20. This Agreement will bind and benelit the parties, their heirs, personal

representatives, successors and assigns. Nothing in this Agecment shali be conshwd or deemed

to provide access or rights 1o any property other than the GEYER Property.

21. Should any provision of this Agreement require judicial interpretation, the parties

agree that they collectively participated in the negotiation and drafting of tlds Agrqemeat and

thore shall be no judicial or other presumption against either party regarding the construction of

Lhis Agreement. If rmy provision or paff of a provision of this Agreement is determined lo be

void nr unenforceable by a court of competent jurisdiction, the remainder ofthe Agreement shall

be valid and enlbrceable bi/ any parly.

22. The parties aoknowledgc and agree that this is the entire agreement between them.

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The parties flrlher acknowledge and agree fiat this Agreement may not be modified or altered

except by a &riling duly executed by all parties. This Agreement may not be assigned or

delegated by any party without tile written consent of every other party.

23, '[1rc parties to this Agreement shall cooperate with one another and timely execute

such additional d<xiuments and any other instruments that may be needcd al any time in the

future to complete or evidence the settlemsnt contemplated by this Agrcement.

24. If any legal action or other proceeding, including but not limited to any quasi-judicial

hearing, trial proceeding or appellato proceeding is brought for the enforcement or interp,retation

ofthis Agreement, or becarne ofany alleged dispute, including but nol limited to any breach,

infringement, deibult, and/ol misrepresentatiorl in connection with any provision of this

Agfeetnent, or any atlendant document, then the successful or prevailing party shall be entitled to

recover all costs incuned, including aJI reasonable allomeys' and legal assistants' fecs and costs

before trial, at trial, and on appeal in addition to any other relief to whjch such party may be

entitled.

25, This Agreement may be executed in multiple counlerparts, each ofwhich shall be

deemed an original, but all ofwhich constitute one and the same agreemenl,

26. Time shall be ofthe essence as to all time periods provided for in this Agreement.

WHEREAS, the undersigned set their hands and seals as of the date written.

o , t , s z / t o / r rGEYER, akaK. DEAN GEYER

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STAIE OF FLORIDACOTINTYOFMARTIN

Acknowledged b "for"netais /O& day of br..- l.s/ , 201s, by DEAN

GEYER" also known as K. DEAN GEY8$ who is personr Jy known xo me or who has produced

his Ftmida driver's license as identlfication.

1'/^Public

My Commission Expires:

Ilate:By:

r;$ry'&:'+'t#ft.:(40n 398{153

JUAN CARLOS OFOZCOMY COMMTSSION #FF1 184s2

EXPIRES May 1 ,2O la

TRAILSIDE HOMEOWNERS ASSOCIANON, INC,

Name:Title;

STATE OF FLORIDACOI.INTY OF MARTIN

Acknowledged before me this '- day of zOts, ty

on b,ehalf of

TRAILSID8 HOMFOWNERS ASSOCIA'IION, INC., who is personally known to me or who

has produced a Florida drivcr's llcense as identification.

Notary PublicMy (hmmission Expires:

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MARTIN COUNTY, a political subdivision of the State of Florida (hereinafter refered to as"COINTY") hereby joins the Agreement bclwcen the parties for the following limitedpurposes:

l. COIINTY will provide written notice or rcquire written notice to o-e provided to

TRAILSIDE if C0l-INTY or any person or entity fi1es an applicationJ requests' or seeks

to add SW Stable Run 1o the County's Open Road Inventory or for any alteration of SW

Stable Run at any time subsequent to the execution of lhis Agreemenl. Wtitten notice as

described herein rnay be in the form ofeither ar email or letter mailed by any method to

TRAILS IDE as registercd with the Depan:mer1 of State Divi sion of Corporations and

shall be effective upon mailing.

2. COUNTY acknowledges thal upon approval of the variancq GEYER will be eligiblc for

a building permit for the GEYER Frrcperty in accordance with all Building Department

rules. regulalions and policies.

3 . Upon approvai of the fine reduction by the Board of County Commissioners'

oonfirmafion by TRAILSIDE of receipt of palment florn CEYER, and issuance of a

building permit for the GEYER Property the COUNTY will waive all fines previously

levied and which have accrued through the date of issuance cf the bujlding permit and

COUNTY will release all liens against the GEYER Property {}la1 may exist as a result of

. the code edorcernent proceeding.

MARTIN COUNTY by its IIOARD OF COUNTIY COMMISSIONERS

By:Anne Scott, Chair

Date:

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ATIEST:

ftrobe Thruw&, (Ig* qf th6 circuitcorrtfidConrytroU*

AFISTAYWAS ]p FoeM Ar,{D rs6ALSUf"Ftr(TENCY.I

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That certain real properly located in Martin Couu15 Florida, drxcribed as follows:

A parcel of land being a porlion of Section 2. Torvnship 40 Sou*r. Range 40 [ast, Martin County,Florida, bcing more pa*icuiarly described as f<rllows:

Conmencc al the Southeast corner of said Section 2, thence N 0 i" 42' 05" W alo.ng the East line ofsaid Section 2 a distancc of2646.60 feet; thence S 8954' 38" W for 35,51 feet to the poini ofbeginning of tbe following described parcel: thence coniinue S 8954' 38' W lor 1806.27 feet tcr aninterseclion wi r a line being 1 841 . I I feet Westerly of, as measured at right angles and parallel tothe East line of Section 2; thence N 0f42' 05' W along said parallel lire for 2403.32 fcet to anintersection with a Line being 100 feet Southerly ol as measured a1 righl angles and parallel to theNorth line of said Section 2; thence N 8fl 9' 32" E alo:rg said parallel line for I 805.90 feet to anintersection with a Line being 35.50 feel Westerly oi as measured at right angles and parallel to theEast line ofsaid Seclion 2; thence S 0f 42' A5' E along said parallel line for 2421.8i fee, to thepoint ofbeginning.

Together wilh a non-exclu.sive easemenl for ingess and egless more particularly described inArticle 13, Sectioq 13.4 of the Declaration of C.ovenants and Restrictions for Trailside recorded inOl{cial Rccords Book 1443, P^ge 312, Public Records of Martin Couuty, Florida, and a non'oxclusive easement fbr ingress and egress a.s recorded in that certain document recorded in OfficialRecords Book I 501, Page 655, Public Records of lr4artin County, Florida.

Subject to any/all casements, reservatiolls, reshiction or dedicalions of record.

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