
April 2008 |
|
New Governing Board Member Takes Office
On February 26, 2008, Albert G. Joerger took his oath of office to begin his
term on the District's Governing Board. Joerger was appointed by Governor Crist
to fill the newly-created at-large seat for Charlotte and Sarasota Counties.
Joerger, a Sarasota resident, is the founder and president of the Sarasota
Conservation Foundation, which works with landowners and local governments to
protect and preserve Sarasota County's bays, beaches and barrier islands for
future generations. Joerger also assumes responsibility as chair ex officio of
the District's Manasota Basin Board. Joerger's term ends March 1, 2011.
Governing Board Approves Weeki Wachee Agreement
On February 26, 2008, the District's Governing Board voted unanimously to
approve an agreement that will further pave the way for Weeki Wachee Springs to
become a state park. The vote ends four years of litigation between the
District, Weeki Wachee Springs, LLC and the City of Weeki Wachee regarding the
lease of the District-owned property upon which the attraction sits. The
agreement calls for Weeki Wachee Springs to become a state park by November 1,
2008; however, if it fails to become a state park by that date, the litigation
will resume. The District's primary goals have always been to protect the
significant water resource that is Weeki Wachee Springs, and to ensure that
those operating the facility are protecting the safety of the visitors and
employees at the attraction.
Cedar Hames and Nora H. Scholin v. Florida Department of Environmental
Protection and Southwest Florida Water Management District, 12th Judicial
Circuit, Manatee County Case No. 2007-CA-001649; and Southwest Florida Water
Management District v. Cedar Hames and Nora H. Scholin, Second District Court of
Appeal Case No. 2D08-631
On May 3, 2005, Cedar Hames and Nora H. Scholin (Applicants) submitted an
application to the District requesting issuance of an environmental resource
permit for the purpose of building single family residences on eight lots
consisting almost entirely of sovereign submerged lands in Manatee County. On
July 31, 2006, the District denied the permit application due to lack of
completeness. In March 2007, approximately 8 months after denial of their only
development proposal, the Applicants filed an inverse condemnation action in
circuit court. Competing motions for summary judgment were filed. The Applicants
argued that they can avoid the 90-day filing deadline for invoking circuit court
jurisdiction prescribed by Section 373.617, F.S., which controls takings claims
brought in circuit court following permit denial, because the statute only
applies to a circuit court's review of whether a permit denial was
"unreasonable" -- meaning that if a plaintiff does not dispute the
reasonableness of the denial, such a plaintiff is not required to bring a taking
claim within the 90-day time parameters required by the statute. The District
disagreed, arguing that the Applicants' claim was untimely and as such the
circuit court could not entertain their claim. The circuit court granted the
Applicants' motion and denied the District's motion. In response to the adverse
trial court ruling, on February 12, 2008, the District filed a petition for writ
of prohibition with the Second District Court of Appeal. The District argued
that a writ of prohibition is warranted to prohibit the circuit court from
exercising jurisdiction over the Applicants' taking claim, and to quash the
circuit court's summary judgment order. On February 19, 2008, the Court issued
an Order to Show Cause as to why the District's petition for writ of prohibition
should not be treated as a petition for certiorari and dismissed as untimely. On
February 22, 2008, the District filed its response to the Order to Show Cause.
Having shown good cause, on February 27, 2008, the Court issued an order
requiring the Applicants to respond to the District's petition for writ of
prohibition within 20 days. This case is of heightened interest due to the
extreme and far-reaching ramifications to the District and other public
permitting agencies if the circuit court's ruling is upheld.
Tampa Bay Nitrogen Management Consortium
On February 26, 2008 the District's Governing Board approved the Declaration of
Cooperation of the Tampa Bay Nitrogen Management Consortium (Declaration) and
the Tampa Bay Nitrogen Management Strategy, 2007 Update to the Reasonable
Assurance Document (Update). The Declaration renews the District's commitment to
participating in the Tampa Bay Nitrogen Management Consortium and identifying
and implementing projects to reduce nitrogen loads in Tampa Bay. The purposes of
the Update are (1) to provide an update on the implementation of the Tampa Bay
Nitrogen Management Strategy, (2) to provide adequate documentation to the
Florida Department of Environmental Protection (FDEP) to allow them to find that
reasonable progress has been made in meeting the goals set for Tampa Bay, and
(3) to request an extension of the determination by FDEP that the Tampa Bay
Nitrogen Management Strategy will continue to provide reasonable assurance that
the nutrient impairment in Tampa Bay will be adequately addressed in order to
meet designated uses. The Governing Board approved the Declaration and Update as
being in the interests of all stakeholders to continue this successful approach
which has resulted in remarkable progress towards Tampa Bay's recovery.