Sunday, May 22, 2022

Now that developers are writing our Comp Plan, who needs regional planners?

Chairman Maio supports effort to detach counties from regional planning expertise:

In the 1980s, forward-seeing elected officials in Florida helped create a group of regional planning councils charged with the responsibility to take a wider view of planning and growth. They had the independent expertise to examine large development proposals and critique them, and the power to require developers to adhere to sound planning principles.

Under Gov. Jeb Bush the regulatory powers of the councils were weakened, then essentially removed by Gov. Rick Scott. 

The councils continue to provide regional perspective, population and traffic data and more to their member counties, but the rigorous effort to restrain growth in favor of quality of life, economic stability, and sustainable development is no longer a step in the approval of large developments (e.g. Hi Hat Ranch, Skye Ranch, Lakewood Ranch, etc.).

In a letter submitted for Board approval, Sarasota County Commission Chair Alan Maio supports a Lee County initiative to change state law regarding county commission attendance and participation in Regional Planning Council meetings from mandatory to "permissive" status. If the measure passes, counties basically would no longer need to participate or benefit from regional planning advisories unless they felt like it. 

Earlier this year, the Board enthusiastically agreed to have developers Rex Jensen and Pat Neal create a new component of our Comprehensive Plan - one which would allow Jensen to ignore constraints built into the plan.

The Comp Plan is the legal, binding vision of the people of Sarasota - or was, until this Board and its developer overlords begin to shred it. 

Here is the draft of Maio's letter attached to the Tuesday, May 24 Sarasota Board Agenda:



DRAFT 


May 24, 2022

The Honorable Cecil Pendergrass

Chairman,

Lee County Board of County Commissioners
P.O. Box 398
Fort Myers, FL 33902-0398

Dear Commissioner Pendergrass:

Thank you for your recent letter dated May 4, 2022, regarding the Southwest Florida Regional Planning Council (SWFRPC).

The Sarasota County Board of County Commissioners has considered your request and authorized me as Chairman to advise you of our support of legislation amending Florida Statutes making membership in Regional Planning Councils permissive rather than mandatory.

This position will be included in our 2023 State Legislative Priorities which the Board will consider later this year.

Sincerely,

Alan Maio

Chairman

C: 
Sarasota County Commission
Jonathan R. Lewis, County Administrator
Robert R. Lewis, Director, Governmental Relations

===================================== 

Tuesday, May 10, 2022

A builder leaves Sarasota County

 Dear Sirs and Ma’ams,

My name is Josh Wynne. I was born and raised in Sarasota, Florida; the ninth generation of my family from Florida. 

As I take time to write this, my wife continues to pack, as we have sold our business and our home, and we have purchased several properties and a home in Citrus County. On Wednesday, Michelle and I will make our move to Homosassa where we will live while we build our waterfront home in unincorporated Crystal River. We love Florida, and we especially love the wild places of Florida, which is why we love Citrus County, and which is why we are leaving Sarasota County. Citrus County remains largely unmolested by the hands of the worst land developers. 

 This is the reason for my letter. 

 I witnessed the demise of Sarasota County at the hands of a few crafty developers. I watched as remarkably beautiful lands were separated from every single living thing on them, at the hands of these developers who had the funds, the legal teams, and the connections to make things happen to land that should never be allowed to happen—that are not allowed to happen. And still, with corporate strength, money, resources, and connections, these trespasses can happen, and often happen at the expense of the tax payers themselves. 

Carlos Beruff

 These previously beautiful lands, once laid bare, will be replaced by soul-less homes, devoid of any of the architectural character that creates wonderful places, celebrated places, places worth visiting. These homes will be built by the lowest bidders. They will be built to the lowest acceptable standards, by every measure. The sub-contractors that build these homes will be underpaid, encouraged to work on the margins of legality, and will struggle with timely pay, and will often struggle to be paid at all.

 Carlos Beruff, from my perception, is one of those developers.

 I am a home builder. I do not, and have never competed with Mr. Beruff, so please do not confuse this correspondence with any sort of business related issue. I am sending this correspondence to make you consider the probable consequences of your actions, should you accept his bid for your parcel for sale. This email is a plea for a thoughtful consideration of other pathways to benefit the citizens of Citrus County that do not include opening the door to the proverbial chicken coop to the Fox, himself.

 I make no assertions to his character beyond what has been written and published in the attached links, but mark my words, once he is in Citrus County, you will no longer have authority over the happenings on your lands. 

 I will be releasing this correspondence to the public. Should you fail to consider this warning, the voters of Citrus County will know your record on this issue. Please vote smartly. 

 If you sell him that land, don’t spend the money. You may need it for litigation. 

 The following links were sourced in order by simply searching, “Carlos Beruff.” There are plenty more, none of them flattering.

 

https://thebradentontimes.com/beruff-drops-million-dollar-lawsuit-against-activist-p19923-158.htm

 

https://www.heraldtribune.com/story/news/2022/01/05/carlos-beruff-challenges-florida-commission-ethics-decision/9096359002/

 

https://www.heraldtribune.com/story/news/2022/01/05/carlos-beruff-challenges-florida-commission-ethics-decision/9096359002/

 

https://www.amisun.com/2017/11/19/beruff-attorneys-will-co-defend-aqua-lawsuit/

 

https://www.suncoastwaterkeeper.org/beruff_intervention

 

https://www.yourobserver.com/article/long-bar-pointe-lawsuit-reaches-settlement

 

http://www.impactfees.com/pdfs_all/manatee-county-sett.pdf

 

https://oursantaferiver.org/carlos-beruff-in-the-headlines-again/

 

https://account.bradenton.com/paywall/stop?resume=247695770

 

https://thebradentontimes.com/rick-scotts-parting-gift-to-carlos-beruff-is-a-disgrace-of-governance-p20512-137.htm

 

https://www.staugustine.com/story/news/state/2016/09/21/carlos-beruffs-wetland-mitigation-bank-shot-down-federal-agency/16296971007/


Josh Wynne

Sunday, May 8, 2022

Will Sarasota Taxpayers give Benderson another Bail-Out?

Sarasota citizens Pat Rounds and Bill Zoller have been tracking the development and funding of the Benderson Rowing Park since 2013. Below is an email circulated by Rounds regarding the County's reported intention to consider giving Benderson another $20 million in tax dollars:

=====

May 8, 2022

Why is the County Commission considering a $20 million “bail-out” for SANCA and Benderson Park Foundation? 

Years ago, both organizations pledged to raise private millions to build a permanent boat house, grandstands and restrooms at Benderson Rowing Park.They never delivered on their promises.  

 

If you think this bail-out proposal is totally irresponsible, please share your views with the County Commission:


mmoran@scgov.net

cziegler@scgov.net

ncdetert@scgov.net

amaio@scgov.net

rcutsinger@scgov.net

commissioners@scgov.net

 

Please forward this message to others who value fiscal responsibility. See details below:

 

On Tuesday, May 10, 2022, the Sarasota County Commission will consider allocating another $20 million to complete the “World Class” Benderson Rowing Park promised in 2013 to be funded through a “public/private” partnership. 


While Sarasota County approved $19.5 public million in 2013 for park infrastructure in plans to host the 2017 World Rowing Championships, the private millions pledged for a permanent boat house, grandstands and restrooms have never materialized. This failure to deliver has sparked public concern for years.

 

More from the Sarasota News Leader

 

Now some officials are returning to the public trough to fill the massive funding chasm created when the County Commission apparently failed to demand a binding commitment from private partners at the time this huge venture was initiated. Sarasota County should not approve any more public funding—regardless of the source.  Nine years ago, the County approved $19.5 million through a bonding provision in the County Charter, using Tourist Development Tax (TDT). It’s past time for SANCA and Benderson Park Foundation to deliver on the private millions promised years ago, but not delivered.  Hollow private funding pledges should be denounced, not minimized and rewarded with more public millions.  

 

Corroborating documentation: 


  • Attached is a copy of the 2013 County Press Release announcing the 2017 World Rowing Championships at Benderson Rowing Park. SANCA would raise private funds for Phase III permanent structures (boat house, grandstands and restrooms) in time for the 2017 World Rowing Championships (WRC). The boathouse and grandstands were not built, so to avoid an international embarrassment---the State Legislature approved an extra $5 million to rent temporary facilities (bleachers, tents/showers for rowers, portable toilets, etc.) for the WRC.  

 

From the 2013 County Press Release:

“...More than $40 million in public and private-sector funds have been committed to help transform a former borrow pit into Nathan Benderson Park, the premier rowing venue in North America, capable of hosting an Olympic-caliber event. Sarasota County's investment, $19.5 million, comes from a Tourist Development Tax (TDT), which is paid by visitors to the area. Those funds have paid for Phase I (dredge and fill) and Phase II (installation of park amenities, hardscaping and landscaping). Phase III of the project, construction of a state-of-the-art boathouse, timing towers, grandstands and other amenities, will be funded by SANCA and corporate support...”

 

  • See 2017 ABC/Tampa investigation on the rowing park. 



  • Note the grandiose aerial vision of the rowing complex and how a SANCA board member appeals for more public funds to match an uncorroborated claim of private millions raised to finish the park.  Nothing has changed---Hollow promises of private funding followed by requests for more public funding. 

           Rowing Park Controversy (ABC/Tampa investigation on Youtube)

 

     Is there a conflict with the Sarasota County Charter?



...Any issuance of such notes, bonds, certificates of participation or other instrument of indebtedness in a principal amount exceeding that fiscal year's bonding limitation must have prior approval by majority vote at a referendum specifically authorizing the issuance of such an instrument of indebtedness in excess of that year's bonding limitation...The County may not avoid the requirements hereof by issuing or causing to be issued notes, bonds, certificates of participation or other instruments of indebtedness which reflect a single, simultaneous or concurrent undertaking but which have been divided in such fashion so as to avoid the limitations as herein set forth. (Section 5.2 Amended 11/6/1984, 11/8/1994, 3/14/2000, and 9/10/2002, and Renumbered 8/31/2004.)”


           In 2013, the County Commission approved the maximum bonding allowed to pay for rowing park infrastructure without triggering a county-wide referendum. 


         Doesn't the County Charter prohibit issuing multiple bonds for the same project without holding a public referendum?    


Pat Rounds

 

Additional background articles:

2013—Herald Tribune:  $20 million in private donations needed to complete rowing park.


“...They need $20 million from private donors to finish the complex and deliver on the promise of a truly exceptional sports venue, a huge task to complete before 2017, when backers of the project hope to host rowing's greatest competition outside the Olympics, the world championships.

All of the key structures needed to define the rowing venue as a world-class attraction — from the finish line tower to timing huts, grandstands and a boathouse — must be financed through private donations.

Some of those structures are essential to hosting the rowing championships. Ideally, the entire project would be built out in time for the event.

Yet no money has been raised and the two-year-old nonprofit handling fundraising already has reshuffled board members.

2015—Herald Tribune: Foundation raises funds for Nathan Benderson Park


“....A new foundation headed by community and political leaders has raised $3.5 million for Nathan Benderson Park and hopes to raise at least $11 million in private donations for the emerging international rowing venue over the next 12 months.

The Nathan Benderson Park Foundation, headed by Randy Benderson of the Manatee County-based real estate firm, aims to be the fundraising arm that will draw the private financial support needed to complete the rowing facility's major structures. The nonprofit organization, which is separate from the Suncoast Aquatic Nature Center Associates — another nonprofit that is responsible for the park operations — will continue to raise donations to help build towers at the start and finish lines, a boathouse and several other buildings at the park..”



Friday, May 6, 2022

Why is the MSBIA's Florida House proposal even being considered? An email exchange


Florida House, Sarasota

Below is a recent email exchange with Sarasota County administration regarding Commissioner Mike Moran's motion to consider a proposal from Jon Mast, president of the Manatee / Sarasota Building Industry Association (MSBIA), the local Building Industry lobby. Jon Mast and his wife, Teresa Mast, have written to the Board and appeared before them at various points in pursuit of this proposal.

As already reported, the lobby and marketing organization is asking to buy the Florida House and move it to the Southwest Quad parcel. However, this parcel is under a conservation easement granted by the county in 2019 to the Conservation Foundation of the Gulf Coast and to Sarasota Audubon. The Board discussion of the proposal has been reported in the Sarasota News Leader and the Herald Tribune

Despite the constraints on the SW Quad parcel, the Board approved Moran's motion, agreeing to consider the Mast proposal, fast-tracking it rather than choosing to examine other options presented by county staff (four options are shown at the end of this post).

=====

5.4.22

Dear Ms. Casanova,

This is in response to your email to Ms. Lucas, which is quoted here:

Thank you very much for your email. I am not sure where you received information that caused you concern, but the recent information that was provided on Facebook and other locations is not correct.

The county entered into a conservation easement in 2020 on the SW quad that provides for both conservation and for a portion to be used for the County Government needs. The SE and NE quads also have been protected by the same conservation easement. The conservation easement was initiated by county commission, and they approved it in 2020 to protect the buffer with the celery fields.

I am sorry you were misinformed by others, but there is no plan for private sector development on the SW quad or the other two protected quads.

Thank you again for emailing the County.

Kind Regards,

Desiree Casanova

County Administration Office

Today I reviewed the video footage of the brief Board discussion of 4.26.22, instigated by Mr. Moran's wish to make a motion for Staff to begin discussions with the MSBIA, which has, with no discussion with or support from citizens, peppered the Board with messages indicating its desire to take control of the Florida House and relocate it.

Mr. Moran opened the discussion, seeking to direct Staff to open a negotiation with the MSBIA regarding the Florida House. A few moments later, Mr. Ziegler said he's fine with such a motion, but he's heard "rumors" that MSBIA wishes to relocate to "the Celery Fields." He said he did not know if this was the case, but he would not favor a motion that included this element of the MSBIA's desire.

Other Commissioners weighed in, Ms. Detert opposing this motion, then it came back around to Moran, who proceeded to make the motion without honoring Mr. Ziegler's point about foreclosing the option of relocating to the SW Quads Parcel. All except Detert approved the motion.

Two facts: 

    1. Mr. Ziegler misspoke in referring to "rumors." As the news has reported, communications from the MSBIA - basically Mr. and Mrs. Mast - specifically wove into their builder lobby's proposal the intention to relocate to the SW Quad parcel. This was their choice after Mr. Mast had earlier tried to situate the Florida House on the NW parcel, owned by the County. If Mr. Ziegler were more meticulous or attentive, he'd understand that "rumors" was not what the Board is dealing with.

    2. Any commissioner could easily have amended Mr. Moran's motion in line with Mr. Ziegler's point, but did not. In directing Staff to open discussions with the MSBIA, the motion makes no mention of excluding the Quad parcels.

This is not unlike various other board discussions that deal with topics that affect our community. When dealing with a specific plan for a stop sign or a setback, the Board will spend hours on picayune details, but here, when a very sensitive community asset is being singled out by the local area's largest developer lobby as the target location of a property it does not own, nor has ever had any interest in participating in (according to those intimately familiar with the history and work of the Florida House), the Board simply goes "yeah, sure," and moves on. 

I'll leave it to you to decide whether this is slipshod oversight, or the Board's way of protecting the interests of the Masts. 

Either way, the community is now alerted to a present threat to public land under the 12.6.19 easement. You can "say" it's protected, but the fact is, when the Board had a clear chance to qualify its motion to avert this possibility, it chose not to do so.

I hope this helps you and Staff to understand this community's concern.

Respectfully,

Tom Matrullo

Citizens for Sarasota County

====

Response received 5.5.22:

Good afternoon Mr. Matrullo

 

Thank you very much for your email.

 

I have provided the link to the board assignment below:


https://www.scgov.net/home/showdocument?id=55559&t=637871927228885579 

 

Thank you for your feedback and effort in making the county better.

 

Kind Regards,

 

Desiree Casanova

County Administration Office



=====


The link Ms. Casanova shared goes to a full staff report on the Florida House, which includes some options staff thought worth considering: 


                                    Image courtesy of the Sarasota News Leader

Monday, May 2, 2022

Useful Links for Quad Update

Below links go to Background on the SW Quad - the one James Gabbert wanted for his WTF (Waste Transfer Facility). The Board is now promoting a plan to move the Florida House to this Quad Parcel - in violation of the Easement the County granted with unanimous Board Approval in December 2020.

Thanks to Adrien Lucas for the information.

Useful Links, Supporting Material & Some Helluva Good Press from the Past Week!
Observer, Eric Garwood | February 20, 2022

ABC Channel 7 by Rick Adams | November 6, 2019

Filmed by Daniel Perales, produced by Adrien Lucas

Herald Tribune by Anna Bryson | November 2, 2019

ABC Channel 7 by Taylor Torregano | November 1, 2019

ABC Channel 7 by Taylor Torregano | November 1, 2019

Herald Tribune by Carrie Seidman | Octobert 31, 2019

Citizen's for Sarasota County Blog by Tom Matrullo | November 3, 2019

Sarasota News Leaser by Rachel Brown Hackney |October 24, 2019

Fresh Start for the Celery Fields, a real time blog holding any and all things related to the Celery Fields and Sarasota County government. Great place to learn what we are up against. This is a useful site for appropriate cut and paste sentences for writing why you oppose the sale of the Quads.

Comment on Critical Area Plan for the Quad Parcels at the Celery Fields, a breakdown on the proposed county staff Celery Field Quad CAP analysis to Sarasota planner Mr. Kirk.

A video of Fresh Start's presentation to the Board of Sarasota County Commissioners on Sept. 12, 2018 that apparently fell on deaf ears. Click here to View.

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Image from Sarasota News Leader depicting ambitious proposal from the Building Industry Lobby


The Manatee Sarasota Building Industry Association - a local developer lobbyist group - proposes for the SW Quad a showcase that would feature the construction industry. Originally proposed for the NW parcel which the county still retains, the group has now switched to the SW parcel.