A Quasi-Judicial Hearing

 
 

What Happened


On Tuesday evening, August 13, 2002, the county commission had a crowded agenda. The matter of two plats on Kanapaha Prairie, designated as a Significan Upland in the county comprehensive plan, was included. Interested parties had been told the meeting would start at 6:00pm. It did, but because of the number of important matters to be discussed that night, the plats were not addressed until after 10:30pm. It was a quasi-judicial hearing, and everyone who planned to speak was sworn in as a group.

The county staff presented the information and said they were satisfied that the plats meet the standards of "relevant sections" of the Comrehensive plan. They spoke to the issue of flood levels, saying that they had determined the high water from interviews with the homeowners and had been shown the marks left on oak trees. One staff member said that the soil in the area is very good for septic tanks because it is so porous that the contents drain rapidly. No documented evidence to support any of those statements was presented. No mention was made of the sections of the comp plan that were applied. There was no discussion by staff of the major geological/hydrological feature of the area, the Pearson Sink.

Since the flood of 1998, homeowners on the prairie have been concerned about future floods. Citizens have collected a photographic record of people paddling canoes into living rooms; roads under as much as 6 feet of water; stunning aerial views of the flooded prairie; pictures of flooded lots for sale (We were told by the developer that those bodies of standing water were "retention ponds"); and pictures of a house that has since been built on a previously water covered "retention pond." That lot **will flood** again.

Clearly something is wrong with the way permits are granted.

Commissioners Wheat and Byerly asked a few questions of both staff and citizens. The other 3 commissioners said nothing.

Citizens also referred to Conservation Element of the comprehensive plan. Kanapaha Prairie is a Significant Upland; is known to be flood prone; the 1998 floods cost the county and homeowners of the area a great deal of money; county liability can only increase as more building permits are issued for homes sites; and has the Pearson Sink which discharges directly into the Floridan Aquifer, the source of our drinking water. All the evidence presented was submitted to the public record.

The commissioners voted to extend the meeting several times. Everyone was tired. In fact, Commissioner Long slumped in his chair and fell asleep during the citizen presentation. He then woke up and made a motion to vote to approve the plats. There was no second, so the motion died, or so we thought. After more comments from all sides, including Commissioner Long's comment that he was tired of hearing citizen comments, Commissioner Hutchinson, Chair, allowed the motion back again. This time Commissioner Byerly did second, saying that he had not heard any evidence that would give him reason to deny the plats. Commissioner Wheat stated that she found the plats to be inconsistent with the comp plan and would vote no. The other 3 said nothing. When Commissioner Hutchinson called for the vote, it was 3-2 in favor of the plats; Commissioners Hutchinson, Byerly, and Long voted to approve the plats. Commissioner Newport joined Commissioner Wheat with a no vote, but without comment.

By Ellie Schwab



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Summary of Issues

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