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2008-2009

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2009 POP Editorials:

12/29: SHE SAID, SHE SAID

1. 12/27: One thing I'd like to point out is that the system worked," Homeland Security Secretary Janet Napolitano said Sunday morning on CNN.

2. 12/28: The security system that should have prevented anyone from boarding a U.S.-bound flight with explosives obviously failed if all that's been reported about what happened Friday as Northwest flight 253 approached Detroit is true, Homeland Security Secretary Janet Napolitano conceded this morning.

HUH??!

From the Orlando Sentinel, 12/29:

What is Homeland Security Secretary Janet Napolitano going to try to sell the public on next?

None would be more outlandish than Ms. Napolitano saying on Sunday that despite the near-bombing aboard a jetliner on Christmas, "the system has worked really very, very smoothly over the course of the past several days."

The nation's turbulently run aviation security system didn't work Christmas Day. Witness the enormity of its failure.

My advice to Ms. Napolitano is to think before she speaks. Maybe she will claim that she misspoke, maybe she will claim that she was using hyperbole: that when she said "the system has worked very, very smoothly" what she meant was, "the system has NOT worked very, very smoothly." Indeed, that is what she has been saying since Monday of this week.

Saying what you mean and meaning what you say would avoid a lot of problems as it pertains to this issue. Maybe Ms. Napolitano was trying for a power grab to let the people know she is in control of the situation and they can just stop thinking as she explains to them how it all works and she has it covered. Only to disagree with herself the very next day; it doesn't breed confidence in her ability or intelligence.

What's amazing is that Ms. Napolitano actually thinks people are gullible enough not to know the difference. She thinks that her truth-twisting will hide her ignorance and ego. Her saying the system was working and then turning around saying it wasn't working..talk about being "caught" and then changing your story. And then to come up with amazing stories and excuses she thinks the public would buy into.

2010 will be a much better and safer year if we as citizens decide not to accept such poor excuses, but instead demand accountability for what is stated in such a confident manner.

I don't usually cover national issues on POP, but I felt particularly attached to this issue and Ms. Napolitano because it deals with safety and travel which is heavy during the holidays....I took no pleasure in agreeing with an editorial by the Sentinel...that's sarcasm, people.

Norm Erickson

12/18:

SMART GROWTH presented 12/16 by Norm Erickson

With the approaching war on water and growth, the first casualty

will be the truth.

• Prior to 1996 “smart growth” was called, “compact cities”, neotraditionalism”, and “new urbanism”.
• At the West Volusia Summit on October 10th it was being renamed again to “Sustainability Neighborhoods/Communities”.
• Smart growth is an urban planning and transportation theory that concentrates growth in the center of a city to avoid urban sprawl.
• Smart Growth advocates compact, transit-oriented, walkable, bicycle-friendly land use, including neighborhood schools, and mixed-use development with a range of housing choices.
• Smart Growth and SunRail: Reciprocity:

• Buddy Dyer, Dec. 13th 2009:
• “Tuesday's passage of rail legislation makes SunRail a reality, giving our residents and visitors a desperately needed alternative to automobiles, reducing sprawl and encouraging transit-oriented development.”

How did we get here?

In the 19th Century, transportation was slow, so people chose to live in dense cities to be near workplaces.

With the invention of the streetcar and automobile, large numbers of Americans were able to move to lower density areas outside of cities.

In the 1970’s the low-density suburbs were vilified as “sprawl” and came into prominence in 1973 when Dantzig and Saaty published their book Compact City: A Plan for a Livable Urban Environment. Thus a movement by planners to endorse higher population densities began. Multi-family dwellings and limits on auto driving were stressed.

• Few Americans were willing to give up their automobiles, single-family homes, and large backyards.

• However, regional governments were provided with the powers to require local plans to conform to regional or state goals which provided a means for conformity to higher density planning by local officials who were initially reluctant to enact smart growth policies.

Acronyms:

• DOT: Department Of Transportation
• HUD: U.S. Dept. of Housing and Urban Development
• MPO: Metropolitan Planning Organization
• VCOG: Volusia Council Of Governments

• The nuclei of such regional governments were first created in the 1960’s with the DOT and HUD; these entities required all major urban areas to form MPO’s. While originally created to distribute federal funds, some MPO’s now dictate to local governments and are a convenient framework for establishing the regional authorities that smart growth proponents want.

Meanwhile…in Florida…

From the VCOG Website:

• Serious consideration of the need for area-wide planning began in 1966 with the creation of the Volusia Area Planning Commission.  The principal purposes of the Commission was to assist the County and its cities in establishing coordinated, comprehensive planning programs. VCOG was created in January, 1970 under the authority of Chapter 163, Part I, Laws of Florida.

• Beginning October 1, 1973, the VCOG Planning staff became County employees and  were assigned to the Planning and Development Department.  The County Charter, adopted in November, 1970, required that such a department be created. 

AND SO…

• The County and VCOG approved an Interlocal Agreement that enabled the County Planning staff to also serve as the VCOG staff.  In addition, VCOG provided staff to the Metropolitan Planning Organization (MPO) through an Interlocal Agreement executed between these two bodies.

So, while originally created to distribute federal funds, some MPO’s in other states (Oregon) dictate to local governments and are a convenient framework for establishing the regional authorities that smart growth proponents want. In Florida it is VCOG that fulfills that mandate.

Who benefits from Smart Growth?

The vision of smart growth is that people will be living and working in pedestrian-friendly communities, walking to the store, taking light rail to work or on longer trips and using the automobile only as a last resort. However, this ignores the fact that only 1.6% of people take transit and that downtowns today (Oct 1, 2009 study) typically have only about 10 percent of a region’s jobs. 20 to 30 percent are located in other job centers which means 60-70 percent of the jobs are distributed elsewhere.

• The downtown that Americans used to walk to for work and commerce no longer exists. We’ve moved away from that centralized location since the streetcar and the automobile were invented.

Smart Growth is forcing a particular kind of lifestyle upon citizens

Overview of Unfortunate Consequences

• Congestion
• Artificial Increase in Home Prices

• Commuter Rail
• Housing Bubble
• Shutting out minorities

Automobile Congestion

• Higher densities are supposed to reduce auto congestion by letting people walk or ride transit instead of driving. If this reasoning were valid, Manhattan and Brooklyn would be the least congested parts of America while rural areas would be the most congested. Because we still prefer to drive, higher density communities contribute to congestion rather than reduce it even when other transportation alternatives, such as commuter rail, exist nearby.

Home Prices $$$

• Land rationing increases housing prices and raises barriers to home ownership, especially for younger families, ethnic minorities and immigrants. Portland, with its smart growth policies, had the greatest loss in housing affordability in the U.S. during the 1990’s. Harvard University research indicates that the principal cause of housing affordability differences among U.S. markets is land-use regulation.

Housing Bubble

• While Florida and California experienced a housing bubble, Georgia and Texas did not. Since 2000, Atlanta, Dallas-Ft. Worth, and Houston have been the nation’s fastest-growing urban areas, each growing by more than 120,000 people per year.
• Between 2000 and the bubble’s peak, inflation-adjusted housing prices in California and Florida more than doubled, and since the peak they have fallen by 20-30 percent. However, in Georgia and Texas housing prices only grew by 20-25 percent and have not significantly declined.

• This suggests that local factors, not national policies were a necessary condition for a the housing bubbles where they took place because California and particularly Florida have some of the strictest growth management policies.

Commuter Rail: Back to the Past

• Instead of reinventing transit to serve 21st century cities, the smart growth solution is to pretend the 20th century never happened and to rebuild American cities to fit 19th century transit. Smart growth calls for: building high-cost rail lines along major corridors; promoting high-density redevelopment of neighborhoods along those rail corridors and locating new jobs either downtown or in various urban centers on rail or other transit corridors.

• Smart growth advocates say they support rail transit because it attracts riders who would not take a bus, it offers more transportation choices and it promotes high-density neighborhood redevelopment. This language is contained in VCOG’s Model JPA Outline, pg. 39.

• Dockery Says No Change From SunRail Supporters

Contributed by Bill Rufty
September 15, 2009
The Lakeland Ledger

• In her (Paula Dockery) letter, she states, "as a courtesy to Orlando Mayor Buddy Dyer, I met with him and other SunRail proponents for a brief presentation and tour of the proposed commuter-rail project."

The visit apparently did nothing to dissuade her belief that the commuter rail has little to do with moving passengers to their jobs.

" While the meeting was friendly and informative, what I saw was largely their desire for extensive redevelopment along the rail corridor," she said. "What I didn't see was any movement by the Florida Department of Transportation toward renegotiating the terrible terms of this deal with CSX Transportation."

Portland

• Planners were especially aggressive about rezoning neighborhoods near Portland’s light-rail line, which opened in 1986. They believed that higher densities along the light rail would promote light-rail ridership. However, time has shown that few people want to live in such high density communities and few developers want to construct them, even if there is convenient access to mass transit. The last word about Commuter rail:

• “While light rail struggles to attract riders in Portland, residents of that area still drive nearly as often and nearly as far as their counterparts in auto-dominated Los Angeles. Restricted growth policies in Portland are not replacing cars nor are they reducing congestion.”

* Smart Growth and Its Effects on Housing Markets: The New Segregation. The National Center for Public Policy Research, 2002

Tri-Rail

• Tri-Rail seeing double-digit ridership declines. Tri-Rail ridership has seen double-digit deceleration for four months running compared to last year, in part reflecting today's low gas prices and high unemployment.

The most recent count shows an average 11,559 rode the commuter system weekdays last month, down 20.7% from August last year.

TRI-RAIL: Miami Herald
June 8, 2008

• Promising "New Money for New Projects,'' the 2002 campaign, led by former county Mayor Alex Penelas, vowed to bring Miami-Dade Transit into the 21st century if voters approved a long-sought sales tax.
• In a rare interview, Penelas said he is disappointed that he risked his political legacy acting as "the pitchman'' for a campaign that hasn't delivered on its largest promises.

"If I knew then what I know now, I wouldn't vote for it,'' he said. "I wouldn't even have proposed it.''

Smart Growth

• Smart Growth is only a theory of planning; however, it is more than just high-density neighborhoods. It is in its nature contradictory; that is to say, it exacerbates the very problems it claims to reduce. Smart Growth is prejudicial. Smart Growth contributed to the housing bubble in California and Florida by artificially driving up the prices of homes through land use regulation.
• Smart growth is about power: who will get to decide how we travel and where we live, work, and shop? VCOG is correct: the cities will decide if they embrace Smart Growth and JPA’s. But were any of the unfortunate consequences of what I brought forward tonight anticipated and explained by VCOG at our last meeting? No. And yet their Mission Statement reads

VCOG Mission Statement

• We recognize that our members are best served by our ability to anticipate the consequences of dynamic change.
• We maintain the highest standards of professional integrity in providing competent, technically sound products and services. Honesty and impartiality are minimum standards for all our dealings with our members, the general public, other agencies, and each other.

• We were told that Smart Growth preserves open spaces and creates attractive communities. But that’s not the whole story and then we’ll be asked to sign up for it. For VCOG not to have presented the whole issue to this Council is not satisfactory to me and thus my reasoning for this presentation.

Remember…

• The original meaning of “smart” was not “wise” or “intelligent” but a “ sharp, stinging pain”.

Sources - I know these aren't as reliable as blogs, but they are all I use...sorry.

• The Vanishing Automobile and Other Urban Myths. How Smart Growth Will Harm American Cities. Randal O’ Toole. 2001.
• How Urban Planners Caused the Housing Bubble. Randal O’ Toole. Oct. 1, 2009.
• The Folly of Smart Growth. Randal O’ Toole. 2001.
• Office of Public Affairs. March, 2009.
• The Sprawl Debate Revisited. Spring, 2007. Journal of the American Planning Association.
• Dumping “Smart Growth” Is Wise. Stuart Butler, Washington Times. March 12, 2009.
• Smart Growth: Threatening the Quality of Urban Life. Frontier Centre for Public Policy. February, 2004.
• Smart Growth and Its Effects on Housing Markets: The New Segregation. QuantEcon for the Center for Environmental Justice of The National Center for Public Policy Research. November, 2002.
• How Smart Growth Exacerbated the International Financial Crisis. Wendell Cox. April, 2008.
• Urban Sprawl and Smart Growth. Randal O’ Toole. Fraser Forum. April, 2007.
• Committee Size and Smart Growth: An Optimal Solution. The Journal of Applied Business and Economics. May, 2009.

12/12: From the Orlando Sentinel:

Get real on growth The gist: By clearing the way for more development, even now, local government officials are begging for a backlash.

In the middle of an economic meltdown that has left a glut of hundreds of thousands of houses in Florida and brought growth to a standstill, you might think governments would stop clearing the way for developers to turn more rural land into new subdivisions.

If that's what you think, you're not paying attention.

This week two ex-politicians asked the Seminole County Commission to lift limits on housing density in the county's comprehensive plan from one to four units per acre - seven units if it's affordable housing - for agricultural property they own. Commissioners unanimously granted this lucrative change for the two insiders, waving it through with little discussion.

From Norm Erickson: We don't need Hometown Democracy? This is why there is unchecked growth in Florida: we make comp plans and then ignore them. We make the rules and then ignore them. And then we wonder why we have so much growth. However, when we try to enforce the rules, we are told we can't, we are told we'll be sued. Can growth cure the problems growth caused? Will a return to supergrowth solve the problems created by supergrowth?

12/9:

1198 - 65% (2 Candidates)

686 - 61% (4 Candidates)

Interesting numbers? Yes. They're yours.

They represent the votes cast for Norm Erickson and Lenny Marks to bring change to a troubled City. And they have brought changes in spite of 3-2 votes against them whenever they proposed a change for the betterment of the City.

Where were you to support them?

Where are you now?

Didn't anyone hear what has been going on in our City for the past 8 years? In Council meeting after Council meeting these two revealed how the Comprehensive Plan, Land Development Code and City Charter were ignored in favor of personal agendas. And now when it seems they are making some headway - with the help of 2 more Councilmen - a small vocal minority is trying to undermine their efforts to work within the Statutes and the rules. Why? Because they want to return to manipulating the rules and codes to suit their needs. It's easier. This minority is trying to sow the seeds of discontent. "They just wanted to get rid of the City Manager and change the Council". Well, isn't this what you asked them to do during their campaign? Get rid of a Council that had abdicated their responsibility to the citizens and were manipulated by one person? A Council that passed resolutions after midnight without Citizen input. A City Manager who could quietly change
a Council vote or ignore it to accomplish a personal agenda?

Well, the truth is slowly coming through. But the vocal minority continues the slander and misinformation so they can get a Council that will be like previous ones. It was easier to show up once a month and approve what the City Manager presented. Projects that were spending money before the Council knew anything about it. Is that the kind of Council and City management you want?

The new Councilmen were told, "You'll change once you get on the Council." Well, they didn't and they haven’t. How dare they read what's given to them to prepare for Council meetings? How dare they ask questions? How dare they ask about violations to the Comp Plan? "Oh, they're only guidelines." No they're not. They are the law! How dare they ask how a project can be OK'd without approval of the Council? How dare they question the expenditure of $140,000. for an Evaluation and Appraisal Report that was full of flaws yet was ready to be sent to Tallahassee for review? How many thousands of dollars have been spent with nothing to show for it? The current Council is inheriting things they don't even know exist. They are also discovering projects that were approved a long time ago and never acted on because one or two individuals quietly decided not to proceed as voted.

I've been attending Council meetings and commenting verbally and in writing for over 10 years about projects that would affect citizens and their pocketbooks or the environment. Now you have a Council that is trying to work within the rules in spite of the sniping and misinformation of this vocal minority. You, the majority, have to start paying attention to the danger this minority represents. Don’t underestimate the opposition; they don’t want any restrictions on their ability to re-interpret the rules, Comp Plan, and Land Development Code (LDC). You can't sit within your "enclaves" and become vocal only after your "Ox is gored". By then, your tax dollars will be gone, new taxes will be approved, the environment will be going to hell in a handbasket, you'll be paying a princely sum for drinking water (you can't live without it) from multi-billion dollar water plants that will be sucking water out of the rivers and the ocean while private water bottlers get the go-ahead to drain the aquifer. Developers will finish their mega-cities, pocket their profits and their handiwork will sit half empty while the cities struggle with infrastructure costs and abandoned sites.

You may even inherit a Commuter rail system that will never pay its way.(proven wherever they run) and unless your paying attention and asking questions you won't know that in 7 years you will paying for maintenance and everything else need to keep it running even if ridership is negligible. How come you don't hear about these little goodies from the politicians?

Pay attention. The devil is in the details. Devote a little time to your City. You can't live in splendid isolation the rest of your lives. "Things" have a way of popping up and biting you on the ass - or your wallet.

There's hope. I feel a little better because "Tanya" has sent her comments regarding the vocal minority to POP. And a "thanks" to Tom and Paul and Joe. We need all the "good guys" - the ones who voted for change and the 1000+ hits POP gets every month - to let us know you're out there and don't want the City to go back business as usual: personal agendas and projects.

You want a City you can be proud of in all respects. A City bereft of lies and misinformation about projects and people regardless of the consequences. A City that runs by the rule of law for the benefit of its citizens. A City that can - and should be - the envy of those around us. A City where neighbors help neighbors whenever needed.

Isn't that why you came here?

Thanks,

John Likakis
DeBary POP

PS:- I'm proud to have been a part of the trio that created DeBary POP. We do not accept any advertising. All costs come out of our pockets. It is our website - for the people. We started it to disseminate useful, truthful information to citizens of DeBary to let them know what's going on. Not just in DeBary, but news from around the County and the State that might affect their way of life. We reserve the right to accept, reject or revise questionable articles or language. If you disagree, start your own website.

11/16:

November 16, 2009

Hayman says farewell to frustration

Jack Hayman is frustrated and fed up.

That's what politics can do to a man.

"I'm tired of pragmatic incrementalism," the Volusia County councilman says, sarcasm in his voice. "That's a real fine way of saying 'let's wait the bastards out.' "

Hayman surprised folks recently when he rescinded his plan to run for the open countywide council seat, which he was favored to win. His 2010 retirement leaves his District 3 seat open and the possibility of a melee for the at-large seat.

Hayman concedes that at 72 he has to consider the toll public service takes on one's health. More, though, he's frustrated by the county's lack of progress and his inability to achieve his goals.

For a 30-year Army man -- his colleagues sometimes call him "the colonel" -- that's untenable.

As he looks back on his seven years on the council, he notes more disappointments than accomplishments.

Hayman hoped that renegotiating the terms of the cities' redevelopment agencies would give the county more power over those taxpayer dollars and more control over the length of the county's commitment to help pay for projects. He says it hasn't.

He tutored himself in the arcane ways of freshwater recharge and the equal distribution of water while he served on the countywide water authority, only to see it go bust. He contends the county is in peril of running out of drinking water if it doesn't resolve the issue.

Most disillusioning, he pushed for years to establish a strong relationship between the county and its 16 cities and then watched as city leaders successfully defeated a referendum outlining the county's authority over unincorporated lands.

His colleagues say he doesn't give himself enough credit. They commend him for tenaciously advocating for his Southeast Volusia district, promoting better development and continuing to work to bring the county and its cities together. They speak warmly of a man who always has a joke at the ready, who pulls no punches but holds no grudges and who is as caring in private as he can be gruff in public.

Still, they notice that Hayman is increasingly at odds with Volusia County Manager Jim Dinneen.

Hayman doesn't deny it.

He's furious that Dinneen is taking a trip to China with local chamber of commerce executives on the public dime. He's peeved he couldn't get Dinneen to cut spending more deeply during this terrible recession. He's flabbergasted that he found out about a possible economic development deal with Daytona Beach to build a hotel from someone other than Dinneen.

Mostly, he says, he's angry at Dinneen and his staff for withholding information from council members, making it impossible to make a proper decision. He contends the manager leads members to his desired conclusion rather than giving them the information to decide for themselves -- or alternatives to his recommendation.

"The hard questions are never addressed. You never get to that moment of truth," he said. "That's one of the reasons I'm retiring."

Public service is never pretty. It's long hours, hard work and lousy pay. It's touring treatment plants at the crack of dawn, attending council meetings past midnight and fielding irate phone calls at all hours. It's compromising your position just to get something done.

People do it because they believe they're making life better for their families and neighbors. When they can't make a difference, it isn't worth it.

Public service is a sacrifice. After 30 years in the Army and 15 in local politics, Hayman has made his

Will commuter rail help or hurt our present and short term financial problems? Please read the editorial below:

Daytona Beach News Journal

November 15, 2009

From go-go to no-grow

Trends demand radical budget changes

It's no news to Florida lawmakers that they're in a budget hole -- a hole about $2.65 billion deep, by the most-recent figures. And they know they are running out of gimmicks to balance the books.

But do they understand that after three straight years of budget cuts, they've gone beyond cutting fat, to cutting the muscle and bone that give structure to state government? Do they have the courage to make the tough decisions to keep the state's finances on solid footing and wean the state off revenue that depends on constant growth?

The answers to those questions hold deep significance for all Floridians. Budget decisions made in the 2010 spring session will affect the quality of public education in the state, possibly for an entire generation. They will impact the ability of hospitals around the state to provide state-of-the-art care at affordable rates. Lawmakers will decide this year whether to cut aid that keeps seniors out of nursing homes, or training and child care for unemployed parents. They will decide whether to continue investing in economic development that brings new jobs to the state, and regulation that keeps consumers safe. And they will confront (or ignore) the reality that Florida is frighteningly vulnerable to a fiscal meltdown in a major natural disaster, or even a few smaller ones.

In the short term, lawmakers can help make ends meet by making two simple changes, without raising the sales-tax rate. The Florida Senate has already started on the first task, a review of loopholes in the state sales tax that could put an additional $560 million on the table by repealing a range of unwarranted exemptions, including tax breaks on haircuts, chartered fishing boats, dry cleaning, Super Bowl tickets and bottled water. And it could join a national effort to collect sales tax due on Internet purchases -- an estimated $2 billion annually that, thus far, legislators have been reluctant to tap, to the detriment of brick-and-mortar businesses that are located here and employ Floridians.

Both fixes would move the state's tax code toward fairness, which should be a primary goal for lawmakers. But there's more work to be done.

Florida's tax code needs significant revision. By relying mostly on sales taxes (and forcing local governments to be dependent on property taxes) the state has wagered its fiscal health on sustained economic growth. The past three years, like the recession of 2001, have exposed the folly of such thinking.

State leaders should examine the budget structure from the ground up, building on work from the 2008 Taxation and Budget Reform Commission. That commission did a good job of evaluating the weaknesses in the funding of state and local government, but stopped short of recommending real reform. The commission failed to consider various tax options and didn't recommend the reversal of unwarranted reductions in Florida's intangibles tax, which favored corporations and wealthy investors. Forming a new commission, charged specifically with finding fairer and more reliable ways to meet Floridians' needs, would be a wise move.

In a report released last week, the Pew Center on the States included Florida among 10 states being driven to the "brink of insolvency," with real trouble looming in 2012, when federal stimulus money dries up. A weak housing market, soaring Medicaid costs and higher-than-average unemployment rate dim Florida's budget outlook. Grim times should embolden policymakers to make changes that will put Florida's budget on a more stable footing for generations to come.

By The Numbers

Florida's weak economy and shaky tax base have created serious problems for lawmakers. Among the statistics defining the state's budget picture:

11.5 PERCENT represents the decline in state revenue from the first quarter of 2008 to the first quarter of 2009.

11 PERCENT of Floridians are unemployed, giving Florida the eighth-worst jobless rate in the country.

2.72 PERCENT of Florida properties are in foreclosure. In some communities, the figure tops 50 percent.

58,000 fewer people live in Florida now than in April 2008. It's the state's first population decline in decades.

47 other states had more economic growth than Florida in 2008. In 2005, only one state -- California -- ranked higher.

10/24:

PLANNED PROBLEMS

by

Norm Erickson

Let’s accept a two assertions being made lately:

1. We have a water shortage problem and we need to suck the St. John’s, do desalination projects, limit water usage and start putting meters on wells.
2. We have traffic problems. We need commuter rail, high speed rail, and I-4 is a parking lot with hours spent in commuting. The rail initiatives will never make money only take money in taxes and repairs but we need them or we’re sunk.

Now, planners and politicians will make us think that we can plan our way out of these two problems; excuse me, wasn’t it planners and politicians who planned our way into these two problems? We PLANNED to have congestion when large scale developments were passed by councils that outpaced services to provide. It would be like passing a development proposal that would give developers the ability to build 24,000 homes instead of 2400 homes…oh wait…that just happened last week. So we’re PLANNING for more congestion and water shortages in the future. Ok, got it.

Planners and Councils ask citizens: what is your vision of your city 20, 40, 100 years from now. Some people actually answer those questions and then zoning is based on outcomes of such wild utopian fantasies at a conference. In the 1980’s were councils and politicians saying, “I see a future of congestion and water shortages so we’ll continue to pass developments not for hundreds of homes for tens of thousands of homes.”?

Bottom line: if we have water and congestion issues presently, it’s because we PLANNED for them in the past. And presently, with developments like Farmton in the middle of the county being passed, we are PLANNING for more congestion and water shortages in the future. Until we change the way we plan, things won’t change. Believe it or not, there are other ways besides Smart Growth…I know that’s amazing to hear but it’s true. Unfortunately, Smart Growth is all most cities and the county will go with because they are too timid to challenge what is being handed to them by VCOG and too apathetic to do their own reading to find better solutions.

If they did those two things they would challenge the status quo and that’s not something most people will do. Take the last summit where there was a room full of people talking about conservation of water, and only three people mentioned in passing that you may want to limit growth as well; it’s damn hypocritical for any government to tell the common citizen to water their lawn ONLY twice a week when a Metropolis Superman could be proud of is being built in a “no school” zone that will soon be a school zone.

Given the actions of the County Council, why are we limiting anyone on watering their lawn? But that’s another editorial for another time.

Thank you, Andy Kelly for being a majority of one.

10/20:

October 20, 2009

DeBary resumes search for city manager

After seven months of juggling city managers, the process begins anew for the DeBary City Council. At its most recent meeting, the council opted to advertise again for a permanent city manager.

The ad, which will run in local newspapers and on Web sites operated by the Florida City and County Management Association and the International City/County Management Association, lists the starting salary at $85,000 to $95,000 plus benefits.

The city has been searching for a permanent city manager since it voted 4-1 to fire Maryann Courson on April 15. Courson had been the city manager since 2004 and served as city clerk before that.

Upon Courson's departure, the council appointed Anthony Gonzalez, the assistant city manager under Courson, as a temporary replacement and increased Gonzalez's salary from $67,000 to $80,000. The council then advertised for a permanent replacement, and Gonzalez was one of five candidates interviewed for the position.

On Aug. 20, though, the council voted 5-1 (actually it was 4-1 - Norm) to hire Kenneth Weaver, most recently the city administrator in Spring Hill, Tenn., as the new city manager. Subsequently, Gonzalez resigned his position effective Sept. 18.

Less than two weeks before the council was to approve Weaver's contract, he refused the job offer amid scrutiny regarding his employment history. Mayor Bob Garcia learned of Weaver's decision on Aug. 29, and the council asked Gonzalez on Sept. 2 to reconsider his resignation. Gonzalez, though, refused, and the commission agreed to turn to Kassandra Blissett, the former town manager of Ponce Inlet.

Blissett assumed the role of interim city manager on Sept. 18 after agreeing to a contract that pays her $80,000.

10/4: Norm Erickson's response are written in red.

Wrong Rx for growth woes

The gist: There's a better way than Hometown Democracy

(The "better way" is a supermajority vote to pass growth plans)

Orlando Sentinel Oct 4th Editorial

We're as angry and exasperated as anyone when it comes to how readily officials throughout Florida trample local growth plans. The plans are supposed to reflect a community's vision of how — or even whether — it wishes to grow. But at the behest of developers, and frequently against residents' wishes, they're stomped on by city and county commissioners as many as 12,000 times a year.

Ok, so the Orlando Sentinel and I agree that city and county councils break their oath to follow the law when it comes to adhering to the Comp Plan and Land Development Codes both of which are rooted in state statutes.

No wonder Hometown Democracy, a grass roots movement cultivated by land-use attorneys Lesley Blackner and Ross Burnaman, got enough public support for a 2010 ballot to alter that landscape. It would require public votes on any changes to local growth plans.

Yes, Hometown Democracy had to get hundreds of thousands of signatures to be on the ballot unlike commuter rail which is brought back for a vote over and over again by less than a dozen individuals.

If it passes, local officials couldn't grease corpulent developments past land-use restrictions that don't allow them. They couldn't plop 23,000 homes somewhere in Volusia and Brevard counties — the so-called Farmton Plan — when those counties' growth plans don't include them. They couldn't — unless voters say they could.

Again, the Sentinel and I agree that city and county councils “grease” developments and approve them when they violate land-use restrictions to the tune of 23,000 homes and building schools in a no school zone. But that is NOT the real problem: it’s Hometown Democracy.

Something's needed to get officials to honor growth-management plans. And Hometown Democracy appears an earnest, provocative and intriguing way of making them do so.

Something is needed to get officials to honor growth-management plans? How about the fact that it is the law? And for dessert: they take an oath stating they will.

But we can't support it. Hometown Democracy is far from the panacea it's cracked up to be. And it's not even the best balm on the market.

Yes, the burden to local officials of placing land-use changes on the ballot might impose some self-discipline. But still thousands would likely come to a public vote. And at a grievous cost.

One casualty would likely be the informed voter. Hometown Democracy's advocates say residents could end up voting on plan amendments just once or twice a year, when other elections are held.

But imagine. Even if the Hometown Democracy cudgel gets officials to put 4,000 instead of 12,000 amendments on the ballot, voters in some counties or cities could still have to weigh the merits of six, 12, 24 or more land-use amendments. Informed voters wouldn't just have to navigate the ballot's pedantic land-use language; they'd have to suffer months of electioneering by those wanting their vote. And because developers would almost always trump grass roots organizations in spending, they'd stand a good chance of winning anyway.

Cities and counties shouldn’t be changing their land use regulations that often…that’s the problem if the Sentinel editorial staff were informed.

The cost to local governments of including the land-use amendments on ballots would soar into the millions. And it would pain Floridians who vote absentee. A ballot that now costs about 90 cents in postage could triple when weighted down by more amendments.

There's a better way.

I’m anxious here. What’s the better way…down with Hometown Democracy…what’s the better way?

While time remains before the 2010 election, state lawmakers should pass a law making it impossible for local commissions to alter their land-use plans without a super-majority vote. Far fewer proposals would clear that higher hurdle — four votes on a five-member commission, five votes on a seven-member council. That would keep decisions in the hands of those we elect to make decisions, while acknowledging that it ought to be more difficult to change a planning blueprint than to pass a resolution honoring Boy Scouts.

A super majority vote??!! That’s the cure-all?? How many of these big time developments have been voted through by ALL members of city and/or county councils? I don’t know. The Sentinel seems to be suggesting that a super majority would nix a number of developments being voted on. Well, until we see the numbers, I will guess most of these are being voted through by all members on the commission or council so a super majority wouldn’t do spit.

Do that, and lawmakers could eliminate the strongest justification for putting plan amendments in voters' hands.

Do nothing, as they've done so often, and lawmakers have only themselves to blame for what might happen when voters go to the polls.

The old you might be voted out by dumb voters not able to vote on growth plans. Voters too stupid to resist big time developer money and will end up voting for more growth. But, they are smart enough to vote out members on a council voting for big development. Obviously people are not voting out members on councils or commissions voting for growth: look at the state of our state…it’s all growth.

This is the weakest editorial I’ve ever read. Period.

Norm Erickson

9/22:

A citizen I respect said to me, “Your website isn’t dealing with city issues anymore.”

They are right.

The following have been the focus:

Mayor Garcia

Van Conoley

Mark Meister

Norm Erickson

Lenny Marks

Val Emerson

John Likakis AND John’s family

Enough is enough. There has been give and take, personal shots, on both sides

yet no discussion on what issues face this city. POP will no longer be a part of it.

From now on, only city issues will be put on POP not commentary on individuals

unless it pertains to a vote or a stand on an issue.

Thank you,

Norm Erickson

9/19: GETTING IT WRONG

FROM MARK MEISTER ON A YAHOO BLOG:

I thought I would enlighten everyone to the experience of our new City Manager Kenneth Weaver. I find his work history quite interesting and I thought his stints would be listed in chronological order from various newspapers that  covered his hiring over the years. Here is the list of places he has served from 1989 till the present. Mind you that these dates came from several papers so it could be off a month or so.

What really sends up bells and whistles is the fact that he keeps switching jobs long distance from the last one. Look out western United States because I bet he will be back some day.

I am finding out a lot of interesting possibilities such as Kenneth S. Weaver could also be Kenneth L. Weaver.

WHAT I'VE HIGHLIGHTED IN RED IS INCORRECT ( Norm Erickson:

1.  City Manager             Etowah, Tennessee      Dec. 1989 – Aug 1990   1 yr. 8 mon.

2.  City Administrator     Eagle Point, Oregan     Jan.  1991 -  May 1993  2 yr. 4 mon.

3.  City Manager             Clairton, Pennsylvania Aug. 1994 – Jan.  1995          5 mon.

4.  City Manager             Bethal, Alaska              Aug. 1995 – Mar. 1998  2 yr. 8 mon.

5.  City Manager             McCock, Nebraska       Jan.   1999 – Mar. 2000  1 yr. 2 mon.

6a  City Manager             Seldova, Alaska            Sept. 2000 – Oct.  2002    ???????

6b  City Administrator     Lewisburg, WVA         ????  2000 – ????  2001    ???????

7.   City Manager             Fayette, Missouri          Oct.   2002 – Feb. 2003           4 mon.

8.   City Manager             Eunice, New Mexico     ????  2005 - ????  2007   2 yr.

9.   City Manager             Spring Hill, Tennessee   Dec. 2008 -   Aug. 2009

10. City Manager              DeBary, Florida             ????  ????      ????  ?????

AND THIS IS FROM NELSON GOODREAU ON THE SAME BLOG:

Your dates of Weaver's various gigs line up loosely with what he has posted on his website resume ( http://www.klwandassociatesllc.com/resume.html) so I'm not sure if I'm supposed to read something between the lines other than the fact that he's a job hopper.

AND FINALLY FROM MARK MEISTER:

I have stated that I have done that and now he should try the same. Two teachers on the Council and neither did their homework.

And now a word from Norm Erickson:

Above are postings by Nelson Goodreau and Mark Meister. Nelson provided a link to Kenneth L. Weaver who is NOT the person who was selected to be our city manager. Mark Meister used this information from the wrong person to cite work experience. Rather than Mark Meister being wrong, Mark thinks it is more likely that Kenneth S. Weaver (the man selected for DeBary) has TWO identities. The work experience listed above was also cited by Jack Wilson at the 9/2 meeting. Lastly, Mark Meister made it personal by referencing what I do for a living: teaching. His last comment concerned my inability not to do my homework while Mark Meister is listing false information to disallow a man, Kenneth Weaver, from earning a livelihood. Mark Meister, given the poor researching skills you’ve shown, I believe you owe me an apology. Your facts are wrong: you took information from another individual and co-mingled it with another. Kenneth S. Weaver that DeBary Council selected said that he often is confused with Kenneth L. Weaver and you still got it wrong. At the 9/2 meeting you stated in public my profession and belittled my ability to teach.

Mark Meister’s comments about me as a Council member is fine; it goes with the territory. But when you start taking shots about what I do for a living, you’ve stepped over a line.

Here’s my question: what do you do for a living Mark? What do you spend most of your time doing?

If Mark Meister wants to criticize my position on an issue or how I voted on the Council, then that is fine. But when he commented on what I do for a living and stated that I do it poorly, he’s made it personal and that is unfortunate and vindictive.

Norm Erickson

8/12:

GREATER EXPECTATIONS?

            I detected a recurring theme during the interview process for the city's new city manager: council members not being prepared for office. Some applicants spoke of this deficiency with other councils and commissions elsewhere in the country.  I had written a question just that day to ask the applicants: what would you suggest a new city councilman read and/or do to better prepare for their tenure as council member? 

            Consider this interesting yet perhaps backwards dynamic as it relates to the city manager/council member rapport: a city manager with 5, 15 or 20 years of experience is seeking direction from a new council member who perhaps hasn't read a packet before, hasn't attended many meetings, has not spoken out on issues or written editorials and has not read the city's codes, plans, and policies by which he is bound by his oath to base his decisions.  If most people agree that the experience, competence and preparedness of the next city manager are important, shouldn't those qualities of the city manager's manager (i.e. the City Council) be equally important and equally vetted?   

            So, what should be expected of, not new council members only, but individuals seeking office? 

A bar should be created and we, as citizens, should want that bar placed in a rather elevated position.  Ideally,  individuals running for office should exhibit knowledge and proficiency with those documents cited above.  If they have arguments about the contents of those documents, then candidates should be ready to offer solutions.  Attendance at meetings, speaking out on the record or in written form helps to create at least a record of convictions and, lastly, pick up a packet or two before the first council meeting to get an understanding of how much reading is expected. 

Of course, just because an individual has written and spoken on the record doesn't guarantee a victory because we may disagree with their sentiments; on the other hand, even with a few disagreements citizens may feel secure that this individual has prepared and will perhaps do a better job than someone "phoning it in". 

It was interesting to note how many individuals told me after the "Racetrack" issue that if I had voted for it, they at least would have been secure in the knowledge that I had read the packet, the agreement, the Comp Plan and LDC.  The disagreement on the issue is an easier pill to swallow if at least citizens know you're capable and up to your job in reading and preparing for meetings. 

            DeBary is moving in a new direction with a new city manager.  The applicants got a grilling yesterday that few candidates in the past received and neither this writer nor Councilman Marks participated in any type of "Meet the Candidates" forum when running for office as none was organized by the news agencies or by the citizens as was done in 2005 when Councilman Conoley was a candidate. 

            Citizens and Council are expecting a lot from the new city manager and we should.  But citizens might wonder: should those expectations be greater than the city manager's boss?

Norm Erickson    

6/2:

5/24:

True quote:  “All politics are local.”  

That’s why we need Florida Hometown Democracy empowering local voters with control over the future of their communities. 

Need proof?  The Governor has Senate Bill 360 on his desk to sign, and has announced that he would sign it.  It’s a prize give-away to developers, the same people who have paved over paradise and destroyed the economy.

The House Majority Office issued a statement about SB 360 claiming it:

“Strikes a balance between state and local control of growth management by retaining state regulatory oversight of planning and development, while recognizing the role and responsibility of local elected officials to make land use decisions in the best interests of their local community.”

SB 360 will further weaken the oversight and review powers of the State “growth watch-dog”, the DCA – Department of Community Affairs, and weaken local infrastructure concurrency requirements.  That’s bad, but the truth is that “growth management” has mostly existed only on paper for over a decade.  The DCA is only as tough as its politically appointed leadership. 

Do you really think the past decade of “growth management” was a success?

Importantly, when DCA does decide to “say no” that doesn’t mean that a bad development proposal automatically dies.  If  DCA rejects a comprehensive plan change as ‘not in compliance”, DCA must still sue the local government to have the proposal killed.  If DCA finds a proposed development plan “not in compliance” but doesn’t sue, the local government can simply ignore DCA’s finding and allow the development to proceed.  Further, on the rare occasion when DCA has sued, if enough political pressure is brought to bear, it has been known to settle the case after some minor, “mediated” tweaking.  Or it falls to politically appointed administrative judges to decide if the growth change complies with state law.

To his credit, DCA chief Pelham (former developer attorney) has apparently seen the light and is trying to hold the line and diligently enforce the growth management laws as they were intended.  His gumption to occasionally “just say no” to some really bad, major projects around the state has infuriated the Legislature/developers.  In turn, they have further attacked and weakened the Growth Management laws that DCA administers, and slashed their operating budget.

But regardless of what DCA does, the real power remains with “local elected officials.”  Bad growth plan changes that harm the public interest should die at the local level.  But, as everybody knows, local elected officials are too often “joined at the hip” with the development community,  which deeply funds their political campaigns.  Too many confuse the “best interests of their local community” (as the House statement put it) with “best to keep the developers happy.”

That’s why we need Florida Hometown Democracy.  The Hometown Democracy process is designed to empower voters to function as an important local check and balance to irresponsible or unresponsive local officials.

Surprised that this developer give-away came out of this session?   Don’t be. The Legislative leadership is nearly completely comprised of die-hard developers. 

Here’s a list of Senate Bill 360’s sponsors and their admitted occupations:

Senator Bennett:  Developer

Senator Pruitt:     Realtor

Senator King:      Real Estate

Senator Lynn:      Business consultant

Senator Richter:   Banker

Senate President Atwater is a Banker.  Senate Majority Leader De La Portilla is a political consultant.

On the House side, Speaker Cretul is a realtor. 

House Whip Carlos Lopez-Cantera is a realtor. 

House Majority Leader Adam Hasner is a “business consultant/attorney.”

When you scratch a Florida politician, 2 out of 3 times there’s a developer underneath.  By now it should be obvious that Florida is a de-facto developer oligarchy.  This fancy word means:  “a form of government in which all power is vested in a few persons or in a dominant class or clique; i.e., government by the few.”

So it’s true when we say that in Florida we have government of the developer, by the developer, and for the developer.

Without Hometown Democracy, Floridians will continue to be at the mercy of the political whims of local politicians, developer-legislators, the person sitting in the Governor’s office and at DCA.  As long as the developer oligarchy can control the politics and change the rules to favor their interests, the state will continue to suffer from crazed over-development that has wrecked just about everything.

That’s why we need Florida Hometown Democracy. 

That’s why Ron Littlepage of the Jacksonville Times Union is now supporting Florida Hometown Democracy.  (See below.) 

Please email Governor Crist at Charlie.Crist@MyFlorida.com and call at 850-488-4441 to veto SB 360.  Be sure to also tell him you support Florida Hometown Democracy.

Florida Times-Union, May 21, 2009 

Floridians need more say in development decisions

·         By Ron Littlepage

I haven’t been a fan of Florida Hometown Democracy, but that's changing. Here's why:

Let's start with what the Legislature just did to basically gut growth management laws that at least attempt to have infrastructure keep up with development.

Legislators approved a bill that, in many areas, will do away with concurrency requirements that force developers to help pay for infrastructure impacted by their development.

They also knee-capped Development of Regional Impact reviews that examine how large developments affect surrounding areas.

Legislators handed yet another gift to developers when they made it easier to destroy wetlands and to go after water resources needed for development.

Under that legislation, the state's five water management district boards would no longer have to sign off on consumptive use permits for water and wetlands destruction permits.

That authority would rest solely with the executive director of each district and could be done out of the sunshine and without public input.

In other words, legislators have pretty much given free rein to developers to continue building; quality of life and the state's natural resources be damned, even though there are currently 300,000 homes in Florida sitting empty.

Hopefully, Gov. Charlie Crist will veto both of these bad pieces of legislation.

But it's not just the betrayal by the Legislature that's making Florida Hometown Democracy more attractive.

Efforts by the Jacksonville Aviation Authority to extend a runway at Craig field despite overwhelming opposition is growing tiresome.

The aborted attempt by the Jacksonville Port Authority to cram a cruise ship terminal down the throats of Mayport residents is another example why land use changes to our comprehensive plan should be more difficult.

That's what Florida Hometown Democracy would do.

The proposed constitutional amendment likely will be on the ballot in November 2010. If voters approve it, land use changes would have to be approved by that jurisdiction's voters.

That scares the heck out of developers who are used to getting their way with elected officials who depend on their campaign contributions.

Approval of the amendment would put the decision back in the hands of the citizens whose lives will be affected.

Normally, I favor our representative form of government, but direct democracy on land use changes may be the only way to promote smart growth in Florida.

One other thing is pushing me toward favoring Florida Hometown Democracy - the shameful tactics of the opponents, funded by the deep pockets of the Florida Chamber of Commerce and home builders.

They are behind a group with the deceitful name of Floridians for Smarter Growth.

The constitutional amendment they are promoting, when you read between the lines, would make it all but impossible for citizens to vote on land use changes.

Supporters of Florida Hometown Democracy call that amendment a Trojan horse. I would call it something else, but this is a family newspaper.

ron.littlepage@jacksonville.com, (904) 359-4284

3/7:

The Martin County

  Defender

The e-newsletter for aware citizens – No. 93

THE FOLLOWING ARTICLE IS BEING PUBLISHED CONCURRENTLY AS AN OP-ED GUEST COLUMN IN THE STUART NEWS

The economy as an excuse to kill growth controls

By Al Forman

Martin County has long had wise and reasonable growth controls that have preserved our best qualities and prevented many of the developmental abominations found in counties north and south. Even with the numerous developer-fostered amendments to our Comprehensive Plan, the county has managed to retain most of its protections.

Now we have a recession – and an opportunity for those who contributed to it with overdevelopment – to use it as an excuse to strip away procedural protections. They claim that fast tracking permits with reduced scrutiny will stimulate economic recovery. That is a wishful thinking claim.

The sad fact is that jobs and business activity are not held back by permits, but by economic realities: Loss of consumer confidence, high unemployment, decreased values of homes and stocks, and unavailable bank loans. There are so many things the Federal government could have done to boost business and employment. They could have required that bank bailouts be used for loans. They could have suspended capital gains on new start-ups. They could have allocated stimulus social spending instead to boost more jobs and consumer spending. But they didn’t.

Business-developer interests know, or should know, that their efforts to undercut the rules that have made Martin County a wonderful place to live will do little or nothing for the common good. Yet they persist in raising the banner of economic stimulation to justify supposedly streamlined approval procedures and lifting needed construction limits. It’s unconvincing.

Why do they support such Article 10 ordinance revisions as: Allowing unreasonably long application extensions; expedited review to eliminate scrutiny; and lower Level of Service (LOS) for residents? Getting houses built quickly in an uncontrolled fashion is likely to harm our quality of life, and still not sell the houses in this economic climate.

Why do statewide organizations like Associated Industries, Florida Home Builders and Community Developers want to suspend impact fees (which would either reduce services or increase resident taxes)? And why do they want to remove wetlands control from counties when we lost 84,000 acres of wetlands to development from 1990 to 2003? None of these proposals have sunset provisions, so the damage will go on and on.

The answer to why protections are under attack is summed up in the remarkably candid comment by Frank Matthews, a builder-developer lobbyist. He said that the recession “is not going to last forever.”  

There you have it. Those pushing to strip away protections – and the politicians who cater to them – know that the changes they promote will not help the economy now. They are thinking ahead. They want to be well positioned to take advantage of conditions when the economy improves, and it will improve in time with or without our lowering standards. Then business-developer interests will benefit from less controlled growth rules to start the next boom and bust cycle.

They are brash. In a recent meeting of the Local Planning Agency (LPA) considering potential Comp Plan changes, a leading developer said we should extend water and sewer lines five miles west of the Urban Services Boundary, thereby promoting sprawl. Such utility extensions would cost millions of tax dollars that we do not have now, but developers are thinking about future profits.

We should not let them do this harm – not in the state legislature or the County Commission chambers.

2008 POP Editorials:

12/19:

DO WE WANT COMMUTER RAIL THIS MUCH?

Norm Erickson

December 19, 2008

Rail gets renewed go-ahead

County revokes bond amendment

By JAMES MILLER
Staff Writer

DELAND -- The proposed Central Florida commuter rail system got a renewed go-ahead from the Volusia County Council on Thursday, when the council revoked a month-old protective amendment opposed by state transportation officials.

With a 6-1 vote, the council undid the amendment it adopted Nov. 13 in response to county attorneys' concerns that taxpayers could get stuck with millions of dollars in debt even if the proposed commuter system never begins operations.

The county, subsequently, received written assurances meant to alleviate those concerns.

While repealing the amendment, the council also affirmed a one-year extension of another agreement with its partners in the proposed 61.5-mile system, which eventually would connect DeLand with metropolitan Orlando.

The extension was needed to give the state Legislature time to hammer out a controversial deal that would apportion financial responsibility for accidents. The Legislature declined to sign off on that agreement this spring but is expected to take another crack during its 2009 regular session, which starts in March.

"It is something that I think we do have to risk and be willing to take that risk to make it happen," Councilwoman Joie Alexander said of the more than $1 billion project, which has been projected to cost Volusia County more than $140 million over 30 years. "I don't believe it is done foolishly."

Councilman Jack Hayman cast the dissenting vote, saying he had too many unanswered questions about the long-term operating costs of the system.

Indeed, much discussion Thursday involved the merits of the system, rather than the legal language the council repealed.

The language would have prohibited the Florida Department of Transportation from issuing $173 million in bonds to buy the rail corridor without first having legislative approval of the financial liability arrangement.

The commuter rail project requires the state to buy the rail corridor from Jacksonville-based CSX Transportation.

But CSX plans to lease the tracks part time for freight after the sale. And, in the agreement negotiated between DOT and CSX, the Legislature has to adopt language to shield CSX from much liability for accidents involving commuters before a commuter system can operate.

Volusia County attorneys had sought to explicitly prevent DOT and CSX from advancing the corridor sale without the guarantee the train could go on the tracks.

State transportation officials had said they did not intend to buy a corridor that couldn't be used. None of the other partners had adopted the language, either, and the mutual agreement has to be identical.

With help from U.S. Rep. John Mica, R-Winter Park, the county secured letters from DOT and CSX intended to alleviate those concerns by committing to not prematurely closing on the sale.

Apparently, they worked.

The council also got a political push from a cadre of rail boosters that included Orlando Mayor Buddy Dyer and representatives from the Central Florida Partnership, an Orlando-based business group, and Mica's office. Mica was in Tallahassee on Thursday, in part, to urge Gov. Charlie Crist's support of the required liability arrangement.

The local push drew something of a rebuke from Volusia Councilman Carl Persis, who voted with the majority but raised serious questions about the commuter system's ridership and long-term funding prospects.

Persis said he expects Volusia officials eventually will face raising taxes to subsidize the system.

"I'm going to bring everybody back to this day, to this day right now, when everybody was here waving the flag for commuter rail. You better be raising that flag to raise your taxes. OK?" Persis said. "Let's be serious about it, because this isn't going to be cheap. It's going to be more than what it's projected to be. You can bank on that."

james.miller@news-jrnl.com

12/14:

I would like to respond to the charge of the 400 low income apartments that, as it was stated at the pubic hearing on 12/13, are going to be built at Dirksen. First, I don’t know if that is true. It seemed to be bandied about by both citizens and Councilman Lenzen. It is my understanding that only a certain portion of land is set aside for building residential dwellings and at a certain number of units per acre.

But, in the interest of openness, let us say that it is true that 400 apartments for low income residents will be built. If that is not something DeBary and Councilman Lenzen want, it should serve as an everlasting example to present and future Councils of how important it is to read our development agreements and not be rushed or pushed, persuaded or bullied into agreements that we don’t understand or haven’t read. Remember, a CITY COUNCIL passed that 400 low income apartment project that may be built. The applicant didn’t just get the approval on their own. They submitted an application, it was supposedly reviewed and ultimately by a City Council. That Council supposedly read the agreement, AGREED to 400 low income apartments, etc,.

This is why the review process is so important and if not done correctly should not be accepted.

If the process by which we make decisions is not sound, neither will our ultimate decisions.

Norm Erickson

******************************************************

11/30:

The Rumor Mill will be a new column that I will write from time to time to correct any rumors that fly around ever so quickly. I hope, that by doing this, facts will have an opportunity to stop the rumors. Another way to offset rumors is to ask questions of your City Manager, Mayor and City Council Members. Also, by attending City Council meetings, you can get information first hand.

11/4/08  

THE RUMOR MILL

Rumor has it - the City is broke.

Truth is - the City has spent approximately 4 million dollars of the 5 million dollars that was held in the reserve fund. The money was spent to get the City through the catastrophic flooding caused by tropical storm Fay. FEMA will reimburse the City 75% of the monies spent, with the possibility of other agencies contributing to help defray the cost to the City. Remember, when dealing with any Government agency, it takes time. A lot of red tape will have to be sorted through before we receive any money from FEMA. It took better than 3 years for DeBary to start receiving any funds from FEMA after the 2004 hurricanes. We are fortunate to have had a healthy reserve fund to work with during the crisis, or else we would have had to borrow from a lending institution and pay not only the loan, but the interest on that loan.

Tax revenue for the City will start coming in December and the reserve fund will start increasing again.

In January 2009 the City will apply for the second half of the Storm Water Bond that was approved by the voters in November 2006. This money can only be used toward the completion of the storm water projects as was the first 5 million dollars.

Lenny Marks

DeBary, FL

****************************************************

10/25:

Below is an editorial urging the City Council to say "no" to the DeBary Downs. They want the Council to "kill" it. When should the Council do that - when it isn't even on the agenda? That's a great way to invite a lawsuit by the applicant and waste taxpayer's money and prompt another editorial chastising the Council for wasting money not their own. No. I have a better idea. Let's have a meeting where evidence is heard from both sides and then the Council can vote. I know that is a novel and perhaps radical reflection but it is the best I can come up with this late in the evening while dining on Oreos and some milk.

The decision is a quasi-judicial one that may be challenged by the applicant and sent to another “judge” for review; we want to avoid that. We prevent challenges by following the rules and affording due process to the applicant AND to the people for whom we represent. We also prevent challenges by having a strong basis for approval or denial. For a Council member to say “no” before the judicial hearing is tad amount to any judge declaring guilt before beginning the trial; then again, how is it that the people’s due process is not infringed upon if a Council member comes out in support of such an issue? I don’t know the answer.

The issue will come before Council soon enough for us to not only “yak” but also chew the fat, shoot the breeze and chitchat. Speaking only for myself, I will not claver until it is time.

Norm Erickson

**************************************

EDITORIAL

Orlando Sentinel

We think: DeBary's City Council needs to reject developers' plans for a poker room

October 24, 2008

9/6:

City Council Meeting -9/03/08
Summary and highlights. 
 
_Budget Meeting:-_ 
 
At 5:30PM  a Budget Workshop was held. The Finance Administrator, James 
Seelbinder, reviewed the adjusted figures. All figures must be ready for 
presentation by 9/30 to make it official. Amendments can be made after 
October first. The mil rate for 08/09 will be the same as 07/08 - 2.57.
 
Among specifics discussed: - speed up the permitting process for the 
stormwater projects. Get the $5 million balance authorized and 
concentrate on the most critical areas to move as much water as possible 
before "Ike" hits. The need for a storage building for pumps, hoses, 
assorted equipment, etc. Estimated costs for the West Side Stormwater 
Project could go as high as $12 million and Pine Valley Court as high as 
$6 million to mention a few. A stormwater workshop has been scheduled for 
9/11 at Town Hall at 6PM.
 
Council Meeting:- 7PM
 
Danny Allen, our representative on the Volusia Growth Management 
Committee, reported on a possible change in policy regarding ex-parte 
communications. A copy of the proposed changes will be sent to the City. 
The changes could make it more difficult to discuss certain subjects 
outside Council meetings without presenting the subject before a regular 
Council meeting. Our City Attorney has sent proposed changes to the VGMC 
and is awaiting a reply.
 
Editor's Comment: If the Sunshine Law was followed as it is intended, 
they probably would not need a policy change. But, when pre-meeting 
discussions are held between one or two people and it is not made 
public, or changes to the LDC or Comp Plan are not done openly, then 
maybe the policy change is necessary to strengthen it.
 
Stormwater presentation:- Mr. Hamstra, Professional Engineer, made a 44 
Page update presentation on where we stand on water removal activity 
throughout the City. There are 64 pumps in operation and significant 
water removal is underway. 162 homes were effected with 75 severe enough 
to warrant demolition. There is a regular procedure to be followed to 
work with the home owner and the City to  be fair to everyone. More 
information is available at City Hall - 668-2040, it's website,  or  
from  the local FEMA representative.
 
Editor's Comment: His presentation was thorough and professional and put 
together in an extremely short period of time. It reflected changes in 
pump positions, hose lines and a lot of additional data to show the 
magnitude of the effort. We also need better monitoring of some 
locations and I still ran across people who were told they were 
responsible for the gas when a pump ran out. Not what they were told at 
the first meeting.
 
During the Public Participation a gentleman came up and "asked again" 
about a moratorium on building - of any kind. This time, Councilman 
Marks asked the Council to respond to this and made a motion for a 
moratorium on building of any kind which led to a discussion and a 
request to the City Attorney who said "Yes", a moratorium can be done 
with proper safeguards for the people and the City. He will prepare a 
Resolution regarding this subject and have it ready within
2 weeks.
 
Editor's Comment: I've been asking for a moratorium on building for a 
few years. To no avail. It's unfortunate that it took a disaster to 
understand what over development can do when topography is changed. Areas 
that should never been built on are given the go-ahead in the name of 
new tax dollars only to discover the maintenance of infrastructure 
requirements wipe out most - if not all- of the anticipated revenue. 
Even projects that are partially underway in various stages of 
development, should be looked at very carefully to make sure they will 
not adversley impact their neighboring area and/or create another burden 
for DeBary taxpayers, their health and way of life. I look forward to 
Mr. Ardaman's document.
 
River Bend Estates:- Discussion was postponed to the next meeting. 
Numerous adjustments may be under consideration by the developer. And 
then the rains came. Councilman Erickson suggested the Council review 
any changes before passing at the next meeting.
 
Editor's Comment: It would be nice if Mr. "K" would let us know how the 
property was impacted by the rain and any increase in the level of the 
St.Johns.It would also be nice to find out if the "Limited Impact 
Development" concept of channeling water would have worked".
 
Land Development Codes: Ordinance 10-08 is to re-instate 11 items which 
were inadvertently dropped during the consolidation of the Land 
Development Code book in 2007. Councilman Erickson informed the Council 
that none of these items are referenced by number as required by law 
before putting them into the LDC. Councilman Erickson asked the City 
Attorney to look into this and advise the Council.
 
Campaign Signs: Anyone putting up signs on lawns and/or right-of-ways 
should check to see what is required before doing so. Call City Hall 
they will not be illegally placed. If they are, you will get a courtesy 
call to remove them in 24 hours before they are removed by the City.
 
That's it,Thanks for visiting POP
 
John Likakis
 
 
          

*********************************************************************

8/27:

Presentation to City Council - 8/27/08
 
By John Likakis
 
There is much that I could say but I'm sure the good citizens of DeBary 
will tell you what's on their minds. I'm here to offer you a Plan - or 
Plan outline -  since there was no Plan to follow. Showing up at a  
flood site  and working hard to help alleviate the  problem  is 
commendable  but is not a Plan.  And I saw City Staff  working hard. But 
what about the rest of the City?
 
We've known that DeBary was prone to flooding even after a heavy rain. 
So what's been done over the last 15 years ? Now is the time to tell me 
that hindsight is a wonderful thing. True. But Foresight is an even 
greater thing.
 
May I offer a Plan that just might work or give you a starting point 
with details to be worked out.
 
1.  Start planning in January/February. Get 2-3 people who will work 
with the City Manager, Asst. City Manager and CERT and become the 
nucleus of an emergency team.
 
2.  Get volunteers who will be able to respond quickly.  Include Council 
members. They in turn will look for volunteers who may have knowledge of 
water problems and equipment required.  A year or so ago  a  resident 
hydrological engineer  offered  his services to the City. He was ignored.
 
3.  Plan for the _entire City._ Prioritize the most critical areas. You 
should know them by now.
 
4.  Plan on assigning 3-4 volunteers - teams - to each of these areas.
 
5.  Hold meetings and training sessions in February/March. Assign areas 
and visit them to see first hand what can be expected in these areas. 
Delegate responsibilities.
 
6.  Determine amount and type of equipment that may be required for each 
area.
 
7.  Prepare a report for each area that will become the MasterPlan 
Document for the City that anyone can refer to and act on during an 
emergency.
 
8.  Maintain a Central Contact  point for phone calls to be received and 
acted on - regardless of  day or night. This is where a City Official 
needs to be. T o make decisions, delegate responsibility, contact other 
teams, let the caller know what's  going on.
 
9.  Begin lowering lake levels as needed. (More on the SJWMD later) Have 
pumps inspected and ready to  go  where and when needed by April/May.
 
10. Notify homeowners there is a Plan in effect and tell them what it is 
and how it will be implemented. Ask for their input and information on 
any quirks you should know about in their area.
 
11. Keep the entire City aware of what your doind.  Even if Mother 
Nature  tosses  us a curve  -  like this one that  dropped 25"+ in 24 
hours  on Wednesday - everyone will know that the City is doing 
everything it can to help them.
 
12. Start implementing the Plan BEFORE hurricane season starts. When it 
looks like a hurricane will be coming our way, contact everyone - team 
members - and follow the reports. You can notify the SJWMD at that time. 
Not before you start drawing down the lakes. And why should they OK the 
draw down? Two reasons:
 
1. Water that will be pumped out of the  lakes will be clean. Not full 
of contaminants as it  would be after  flooding starts.
 
2.  People's homes,health, and lives are in jeopardy. That's not 
negotiable. If  they resist, let them sue. By the time it gets into the 
Court system you will have done what needs to be done. And I would like 
to see  a Judge that will rule in favor  of dirty, contaminated water  
and loss of homes. Besides, when did they get the power over   peoples 
lives, health and property?
 
Let me go one step further with the Plan. How many millions will be 
spent each year in flood emergencies?  Right now there are over 180 
homes in jeopardy. Assume half of them become uninhabitable  and the 
average value is $200,000. 90 x $200,000. is $18,000,000. Your going to 
spend that much in the next 2-3 years and still have many of the 
problems you have today. These are homes that should never been 
permitted because of the topography of the lot or area. And they 
shouldn't be rebuilt in the same area. Instead of spending millions to 
put band aids around the City, buy the homes at a fair price, demolish 
them and put in a retention pond as was done on Seminole.  Area problem 
solved.
 
More important - BEGIN SAYING "_NO"_ TO BUILDERS AND DEVELOPERS who want 
to build on questionable property.
 
This is a start. Hopefully you will do better for the sake of the people 
of DeBary besides saying "we're working on it:. That's not what the Lady 
who had just lost her home wanted to hear. She was at her wits end, was 
arrested - not just removed from the Hall - for asking the Council for 
the reasons she lost her home. What would any of you have done under the 
same circumstances? Unfortunately, Councilman Marks is facing the  
possibility with his home.
 
Asking for more money is not the answer. Whether you spend $20,000,000. 
or $50,000,000. 
only finite amounts of water can be moved in a given time period. There 
are no magic wands.
 
This is a small town. Get involved in how your City is being run. If you 
don't care what happens around you, one  day it will up and bite in the 
butt and your wallet. Some "things" get through the locked gates and 
into the "enclaves". One just did.
 
Help each other. Is that asking too much?
 
Thank you,
 
John Likakis
 
          

*********************************************************

6/14:

June 13, 2008

Judge denies approval of Shores townhouse development

A Circuit Court judge has overruled a growth management panel decision that OK'd a controversial townhouse project in Daytona Beach Shores.

In a strongly worded ruling that throws the proposed development into question, Circuit Judge William Parsons criticized the Volusia Growth Management Commission's handling of the proposal by New Smyrna Beach-based Lady Godiva 2 for a 45-unit development on Cardinal Boulevard.

Responding to a lawsuit filed by residents near the proposed development, Parsons wrote the commission was compromised by some members' one-on-one discussions with attorneys for the developer, city officials and a state official. Although not all the dates are documented in the court order, those discussions came before commission members reversed an October 2007 rejection of Lady Godiva's proposal.

The judge also wrote in his ruling that the commission was misinformed by its attorney. And while it advertised the January meeting during which the proposal was approved as a rehearing, there was no new evidence presented to justify that characterization.

Parsons declined to send the issue back to the commission, concluding it was "hopelessly tainted and would be unable to field an adequate size group of commissioners that could reconsider this matter."

By county charter, the 21-member commission's role is to make sure proposals are consistent with the long-term blueprints for growth of the local governments affected. Its decisions are not final development approvals.

Commission attorney Paul Chipok of Orland said Thursday his office had received the order earlier in the day but he was not prepared to comment.

Commission Chairman Gerald Brandon said he had not seen the order, which was issued Tuesday.

But Brandon, a former Ormond Beach city commissioner, said he did not see a problem with listening to any party's argument about a proposal -- something elected county and city officials do all the time. He also said he thought the commission always had gotten good advice from its staff.

He said he would review the order with staff and expected there would be a public commission discussion about it.

"We're 21 members sitting here trying to do the very best we can for the citizens of Volusia County," Brandon said.

Daytona Beach Shores Mayor Greg Northrup said he expects the developer and city officials to reconvene to discuss what to do next.

But Michael Clancy, one of the nearby residents who filed the lawsuit, welcomed word of the order.

He said he thought the grounds the commission used to justify revisiting the case in January were preposterous.

"It sounds like you're giving us wonderful news," Clancy said.

Another lawsuit, filed by Lady Godiva challenging the initial denial of the proposal, is pending.

james.miller@news-jrnl.com

4/29:

Commuter Rail – 4/25/08

Pork – There is more danger in pork than trichinosis.

There are just as many purveyors of Pork in Florida as there are in Washington, DC. I’m referring to “Pork Barrel Politics”. And when are we going to tell these politicians that enough is enough with their idiotic schemes to piggy-back (how appropriate) Bills that have no bearing on the Original Bill. Every year billions of dollars – yes, billions – are being spent on bridges to nowhere, roads with no ending, etc, etc.

The article in today’s Sentinel triggered this commentary because I have been trying for years to have someone – anyone – in Congress do something. The subhead of the article on Commuter Rail reads as follows:

Dueling Bills, weighted down with extraneous measures, face an uncertain future

What are these “extraneous measures”? It doesn’t matter what you think about Commuter Rail. It could be any subject. Pass the main Bill and all the crap that’s attached to it – called “riders” – pass with it. You won’t even know what has happened because they don’t tell anyone. Probably even half their colleagues don’t know; they just blindly pass the Bill.

On the Commuter Rail Bill, are riders for:

• allowing cameras to catch red light runners;
• a health care endowment to allow the State to lease Alligator Alley for $500 million in return for toll revenue;
• a “road rage” amendment allowing fines to be imposed on motorists traveling on or below the speed limit who fail to get out of the way of faster vehicles. (aren’t we supposed to follow the speed limit?);
• impose a $60 fine on drivers who display on their vehicles devices resembling male genitalia;

What has any of that have to do with Commuter Rail? If a Bill is so important, let it be presented on its own merits. Pass or Fail so that everyone knows what a politician is asking for and how much it will cost. Remove all Pork Barrel junk from State and Federal budgets and there would be enough money to pay for schools, health care, City needs and many other essentials. Maybe even enough to pay for the City’s share after the State gets its 7 year itch with Commuter Rail. What gives our Officials the right to squander our tax dollars on frivolous projects in the name of “I’m doing this for my State or my people”.

Maybe the question to ask our politicians at the next election is “What are you going to do to stop Pork Barrel Spending?” “Do you have any riders on existing Bills?” You may get some fascinating answers. Or none at all.

Speak up. It’s your money. Stop letting them think it’s their right to do whatever they want after they’re elected. It may be hard to change some of the entrenched “good ole boys”, but it sure is a sorely needed try.

At least there’s a cure for Trichinosis.

John Likakis

2/18:

Presented to the City Council on 2/6/08 by John Likakis

Concurrency: Coming together; agreement or union in action; cooperation.

Simple and nice

The School Board has School Concurrency. Review building plans with the City before a proposed development gets underway to determine where the extra students can go; a need for a new school, etc. An agreement between the City, it’s citizens and the School Board.

Tree Preservation could be called Tree Concurrency. The review of trees to be saved, % required to replace, avoidance of clear-cutting, etc. A Coming Together of citizens, the City and the developer.

See how easy they fit into the definition?

There is one area, however, where concurrency is sorely needed but has gotten little attention until recently. How about a Water Concurrency?

When a new residential or commercial development is proposed, require that the initial plan be reviewed to see where the water is coming from. No easy potable water available? Multi-million dollar treatment plant needed? Possible destruction of natural resources or species? Sorry. Denied. Too harsh? No. Here’s why. Of all the earth’s water - only 1% is fresh water. 2% is in glaciers and polar caps. 97% is salt water. Will we be foolish enough to forget the words of the ancient mariner - “Water, water everywhere and not a drop to drink”. A Water Concurrency requirement should be made part of our Comprehensive Plan and hopefully part of the County’s and the State’s Plan. The alphabet departments such as the DEP,DCA,VCGMC,SJRWMD and others need to put some teeth into preservation of land and water legislation. Take a hard look at where we are and where we’re going.

- Does the City need a population over 25,000?

- Does Volusia County need a population over 250,000?

- Does the State need 150 million residents?

- Does destruction of natural habitats, water problems and future high water costs for everyone mean anything?

All of these questions are being answered in the guise of getting a bigger and better tax base…bigger budgets to spend on anything local governments want – not necessarily need. And for everyone else, unfortunately,, a lousier and more expensive way of life. I won’t go into desalination plants and the myriad other way to get water - since no one knows how to make water – just how to take it. A Water Concurrency “law” can keep developers from building 100 – 1000 unit developments. Without it, they can do what they want, take the money and leave. The taxpayers are stuck with the extra infrastructure costs and congestion. And here comes that word – “mitigate”. It’s a farce.

I would like to see DeBary be the first City with the guts to show how serious we are when it comes to conservation and responsible growth. Not just lip service. I’ve said it before – lets’ be an oasis is SW Volusia where people will want to live.

We can live within our means – if we want to.

We can take care of all our citizens’ needs – if we want to.

We can have quality of life that could be the envy of those around us – if we want to.

We can’t return to what used to be. We’ve destroyed too much already. But we can more effectively manage what we have left. If we want to.

All the land around the commuter rail station should not be re-zoned for growth when what we already have zoned for future growth is too much.

I think this Council has the ability to do this.

It can happen – if they want to.

Here’s where you, the Citizens of DeBary come in. Would you like to see a Resolution or similar document prepared to help preserve our water supply before it’s too late? Respond to www.debarypop.com concerning the following:

Are you in favor of a Water Concurrency act as described above? Yes/No?

Thanks,

John Likakis

1/12/08:

1/9/08 – City Council Meeting

Are the chickens coming home to roost? Are the two new Councilmen beginning to fulfill a campaign promise or two? Asking questions? Doing their homework? You bet! In Spades! It was a long but fruitful night for the City and for the Citizens. If you weren’t there, you should have been.

Here are some of the highlights or lowlights - depending on whose Ox was gored.

Carports: Issuing citations and threats of fines all over the place raised the ire of many citizens. Especially Fred Cardone, whose carport has been looking good for many, many years. And the manner in which it was done didn’t help matters, either. However addressing all carports as “Canvas” is using a broad brush to categorize ALL coverings. Most of them are not canvas but a variety of reinforced fabric such as polyurethane/nylon which can and have withstood many high wind speed attacks with no damage. And, I’m sure most owners take them down when high wind speeds announced. Something you can’t do with a fixed aluminum cover. The ones you see flying around and causing damage during high winds and storms.

There’s more, but suffice to say, the Council voted to look into this subject and suspended all existing citations and fines until adequate information is obtained on special fabrics and with wind speed data. Vote: 5-0 Against

Robert’s Rules of Order: A slightly revised version was adopted. This will help meetings run smoother and shorter and help the Council and Citizens. More questions can be asked and answered. It certainly beats the previous “the Council sets its own rules…” Whatever that means. Vote: 5-0 For

Family General Store: I’m not against this type of store. But when two important thing take place in the “process” saying it’s OK to proceed with this development _ when our previous Planner sent it back last March to have it revised from 9000 sq. ft to 5000 sq. ft as required in our Comprehensive Plan and then to have it re-presented Wednesday without any mention of the need to be consistent with our Comprehensive Plan was too much. The law is simple and specific: “not to exceed 5000 sq. ft…”. Is this another case of “oops” by the Staff? Or GAI, our current contracted planner, who think Comprehensive Plans are merely guidelines and need not be adhered to? An oversight? Didn’t do their homework? Councilman Erickson did his homework and wasn’t ready to rubber stamp anything that was put in his packet. He read from the statutes. This raised more questions from Councilman Lenzen and the Mayor…which led to Denied. 5-0. Another one for the good guys. This project never should have seen thelight of day and that is why I’ve been talking about TRUST for all of these years.

Gateway Center for the Arts: As I’ve said before at open meetings, I am not against Art, culture, photography, music or kids. On the contrary, I’ve been involved in all these venues for more years than I want to admit. But to have them come and ask for the $600,000, while the Skateboard Park that didn’t get its grant was still warm – so they can shorten the time needed to start their building is a little much. Councilman Marks asked if they had contacted neighboring Cities – Orange City, Deltona, Deland. – After all, it is called “The Gateway Center…” and they will also benefit. OC said No. She wasn’t sure if the other two were even contacted. Why should DeBary be the patsy? DeBary has critical needs. Until the infrastructure is taken care of we don’t have the luxury of passing out huge sums of money. We need hydrants for Old DeBary, storm warning systems (weather radios, sirens, etc,), environmental land preservation, a solution to our crowded schools, police and fire upgrades, water woes and other projects. Our citizen’s needs come first. No on knows how many cities will be shorted by the time the Legislature stops messing around – except for their pork-barrel projects – so how can anyone commit money now? As Mrs. Lombardi explained, the DeBary Library is also on endangered specie with this Legislature. How would you like that closed down?

All our Councilmen were not keen on using taxpayer dollars for this project. Vote: 5-0 Denied.

More subjects were discussed and voted on but it was getting late – 11pm and a few Agenda items had to be moved up to the next meeting.

You see? You missed a good one. This Council worked very hard Wednesday night – for you. You asked for change. You asked to be a part of the decision making process. You asked to be heard. They only ask that you show up and help them to help you…

…take back your city

John Likakis