Showing posts with label Joe McClash. Show all posts
Showing posts with label Joe McClash. Show all posts

Wednesday, November 2, 2016

Beruff Saga continues

County Investigates Possible Illegal Land Clearing Near Long Bar Pointe

The Bradenton Times
Dennis Maley
Wednesday, Nov 02, 2016

BRADENTON — Suncoast Waterkeeper has filed a complaint with Manatee County, alleging that developers of the controversial Long Bar Point project in southwest Manatee County have illegally cleared land that doesn't belong to them in connection with a forthcoming subdivision.

The complaint alleges that part of a county conservation easement, as well as property belonging to an adjacent development—Legends Bay—were cleared along with Long Bar Pointe property, in violation of county ordinances.

Residents of Legends Bay recently began noticing that some of the most attractive green space property in their development had been cleared—property they had understood would forever be preserved. ...

"You've got this giant Bald Eagle nest that all of a sudden just vanishes," said McClash. "We're talking about branches as big as six feet long, and every one of them is suddenly gone from the tree . . . 





Tuesday, February 2, 2016

Destroying Tenure Tip of Poisoned Iceberg

This piece by Dennis Maley is reprinted from The Bradenton Times in full, because it offers a clear and important overview of the political landscape right now; developer-driven, and serving a far right-wing agenda. The original piece can be found here.

SCF Trustees Want Respect But Earn Laughter


Dennis Maley
Sunday, Jan 31, 2016

On Tuesday, I went to the State College of Florida’s Board of Trustees meeting to watch them cast their final vote on abolishing the practice of "continuous contracts," a less-than-tenure protection for a select group of the school’s top educators that is in place, at least partly, to prevent good instructors from being victims of political agendas—though ineffective instructors could and have been removed for cause even after attaining it.

It was no secret how the vote would go, but I wanted to see for myself. A lot of people had contacted me to tell me they had planned to show up to oppose the vote, hoping the trustees would come to their senses and realize that the policy had the potential to be utterly destructive to the quality of education at what has for decades been an exemplary institution of higher ed.

For 40 minutes, former and current professors, students, parents and members of the community gave seething public comment. How could you do this to our beloved school? Why would you deliberately create a policy that had no discernible benefits but a host of obvious negative ones? 

The questions were rhetorical. The speakers knew why, and they let the trustees have an earful on that front as well. This was a political move, orchestrated by a political boss, for political benefit, through a board that is little more than a political conduit.

Millionaire developer Carlos Beruff is one of the most powerful political figures in Manatee and Sarasota Counties. He and his frequent business partner Pat Neal largely control Republican politics in the local area. Aided by a handful of other development interests—Benderson Development, Schroeder Manatee Ranch, etc.—they organize and distribute much of the campaign cash that decides who sits where in local government.

Carlos Beruff
It was Beruff, one of nine trustees for the college, who suggested out of nowhere last fall that the school dump continuous contracts and consider having instructors bid for their jobs, or at least indicate what the least amount of compensation they’d accept would be. Beruff gave no argument as to why it would be in the college’s best interest, beyond a few platitudes equating policies in the business world, with those at the educational institution—a field in which he has no expertise to speak of.

The rest of the board, which is largely made up of other local Republican political types—including several who have their own political ambitions or are married to someone holding or seeking public office—eagerly went along.

Everyone from the college’s president to other institutions of higher learning quickly lampooned the idea. What kind of candidates will we attract when we’re the only college in the state that doesn’t offer the opportunity to achieve continuous contract status? Will the best students want to enroll in a college that clearly doesn’t seek the best instructors?

There was no real dialogue as the plan moved forward over several months. There were no workshops with faculty and the community. There were just a bunch of public comments, limited to a maximum of three minutes each at the beginning of the meetings, followed by a few board comments at the end, defending their decision in vague and hollow terms without bothering to explain it.

That’s because no one has the political courage to give the real reason: Mr. Beruff would like it to be this way, and we would all like to remain chummy with Mr. Beruff and his various political action committees and campaign fundraising devices.

Why does Mr. Beruff want to screw with a highly-successful institution against the advice of those with infinitely more experience and expertise on the subject? My guess is that it has nothing at all to do with SCF or what may or may not be best for it, or even what Beruff himself thinks about the matter. Reforming the liberal education system is a huge pet issue on the far right, one that Governor Scott—who appoints the trustees of Florida’s 28 state colleges—is rather fixated on.

Scott already ended tenure for Florida’s public school teachers in 2011, a promise he made while campaigning the year before. SCF is the first college in the system that he has now appointed a majority of the trustees to their board. I doubt it’s a coincidence that it’s also the first to take this step, or, for that matter, that it was one of his close political allies who carried the water for him on it. Why is Scott so concerned with this issue? Because it is a popular one for him to laud to the far right as he tries to advance his political career, possibly in a 2018 Senate run. I wrote more on the ideological component of this issue in a previous column that can be found here.

The question on so many minds on Tuesday, however, was why were so many people following Beruff. That goes back to the point about political ambitions. The chair of the board of trustees is Ed Bailey. When Bailey ran for Manatee Supervisor of Elections as a Republican in 2012, Beruff was his biggest supporter, giving maximum contributions from multiple LLCs set up for his Medallion Homes operation. Bailey’s wife is currently running for school board in Manatee County.

SCF Trustee Lori Moran is married to Mike Moran, a Republican running for the Sarasota County Commission. Moran has also received a number of contributions from LLCs under Beruff’s umbrella and the rest of his hefty campaign account is largely funded by a cadre of influential local development interests. Another trustee, Robert Wyatt, is the treasurer of the Republican Party of Sarasota. Wyatt had planned to run for the Florida House this year when it looked like incumbent Ray Pilon would be redistricted, but stepped aside when Pilon remained in district 72. Clearly, he has political ambitions.

Eric Robinson is what’s known as a bag man in local politics, though to be fair, Robinson usually carries much bigger bags than the term typically implies. A Venice-based accountant, Robinson is the go-to treasurer for local Republican candidates who’ve received the blessing of the local development cartel.

Even more importantly, Robinson is often chosen to manage some of the biggest shadow PACs in state politics, expertly using technically-legal sleights of hand to obscure the money trail, blocking the intended transparency of such contributions, while often making it impossible to determine who exactly has funded nasty attack ads. He’s built a profitable little niche in this role and is obviously intent on staying tight with the people who provide the beans he counts.

Robinson himself is running for the Sarasota County School Board this year, and his campaign war chest is a veritable Who’s Who of the local development establishment. His wife is Christine Robinson, an incumbent on the Sarasota County Commission. Commissioner Robinson, who came under fire when she took the job as head of a special interest group that routinely lobbies the board she serves on for pro-development issues, will be forced out by term limits at the end of this year. She too has benefited significantly throughcontributions from Beruff and the other local developers.

As you can see, there’s plenty of incentive for those sorts of people to be thought well of by Beruff, while demonstrating that they are extremely receptive to whatever ideas he might have by not even attempting to discuss them before falling in line, as was the case with continuous contracting. And even if they aren’t able to get Beruff behind their ambitions, they surely know that it would be even more unwise to encourage him to be standing in the way of them. As much as Beruff can propel a willing surrogate to victory, he’s even more adept at knocking down enemies.

In 2012, Beruff trained his sights on 22-year Manatee County Commissioner and TBT publisher Joe McClash. McClash was a socially-conservative Republican but ran afoul of Beruff’s litmus tests at two points. While he’d consistently been pro-growth, McClash was a staunch believer in smart growth policies and the idea that new growth should pay for itself. He also saw our environmental resources as an important component to an economy dependent on tourism and migration, as well as a key quality of life component for current citizens.

McClash was rarely against a development in general, but when it came time to ask for permission to destroy wetlands that got in the way of adding a few extra houses, amending the county comp plan to increase density in rural areas that lacked the infrastructure to accommodate it, or increasing development intensity in floodplains or evacuation zones that could affect public safety, McClash was often the lone voice of dissent.

Of course, he almost never got his way. Beruff and other developers had stacked the board with a majority of commissioners who would do as they were told, but his mere calling attention to the issues was enough to inspire Beruff to fund one of the most expensive and vitriolic attack campaigns in Manatee County history, which you can read about here. McClash lost the seat by 494 votes, out of more than 25,000 cast, and Betsy Benac, a development consultant Beruff sponsored for election, was able to win the countywide seat.

Beruff also spent heavily on getting and keeping District 1 Commissioner Larry Bustle in office. Bustle will retire at the end of this year, and a potential candidate speaking under the condition of anonymity said they were told not to bother running for the seat, as the development cartel had already anointed former State Rep. Ron Reagan as their guy.
Reagan has already received several max donations from SMR related entities. SMR-related interests also paid for Vanessa Baugh’s East Manatee seat in 2012, and Pat Neal and company have sprinkled money over several campaigns in both counties to make sure their county commissions continue to see things the same way as developers.

When a Manatee County School Board seat was vacated last summer, it was Neal and Beruff who did the vetting of nearly two dozen applicants who wanted the governor’s appointment to the seat. The timing was crucial, as that board would soon be voting to reinstate impact fees, which had been inexplicably abated since 2009.
The developers tapped John Colon, who’d challenged Baugh for the county commission seat in 2012 with strong support from Beruff's LLCs. Unsurprisingly, Colon was the most vocal advocate for not having developers pay the impact fees prescribed in a taxpayer-funded study that detailed their need. 

It’s not just the elected officials who can help the developers. Some of the boards have considerable power, like Swiftmud, our regional water management board. Until recently, Beruff also served on its board—again surrounded mostly by those who seemed eager to appease him. On the same day he resigned, Beruff motioned and voted for the approval of a permit that would allow Neal to destroy high-quality wetlands for a development on Perico Island.

When Neal goes before Governor Scott and his cabinet—who have final say on land use disputes since the governor gutted the Department of Community Affairs in 2011—he’s arguing his case in front of very friendly faces. Neal has been very generous in fundraising for both Scott and Ag Commissioner Adam Putnam, who quickly ruled in his favor on the Robinson Farms issue, even after an Administrative Law Judge’s recommended order was to do the opposite.

If these boards and bodies seem incestuous, that’s because they are. It’s all part of a game where the deck is stacked in favor of those who grease the skids to keep the gravy train rolling. When Neal’s wife resigned as a trustee from SCF in late October, the governor replaced her with Peter Logan, who happens to be the President of Beruff’s company, Medallion Homes. Perhaps more than any other trustee, Logan definitely has reasons not to rock the boat when it comes to Beruff's wishes.
So, there you have it teachers, students, parents and community members. It isn’t about education. It isn’t about efficiency. It isn’t even about the State College of Florida. It’s about politics—which is why when Wyatt suggested with a straight face to SCF President Dr. Carol Probstfeld that now that this matter is behind them, he would hope she could get the faculty to start showing the board morerespect, the room literally burst into laughter. 

Wyatt looked genuinely hurt and perplexed as to why they were all laughing at him, but the answer was simple. The SCF Board of Trustees is nothing but a bad joke. If he wanted the respect of a community of highly-competent educators, he should have earned it by standing up for common sense and voting against the new policy, or at least forcing a discussion on a meritless plan that wouldn’t have stood up to debate.

Instead, the board—every single one of them this time—showed political cowardice, something I’ve yet to see inspire respect from anyone.

Wednesday, December 9, 2015

Developer Above the Law

Pat Neal seems to think he can proceed with his controversial Perico Island project prior to and independent of legal permission:




















Two days from mediation, Neal starts controversial construction on Perico Island


Bradenton Herald, Matt Johnson

PERICO ISLAND -- Two days before he's scheduled to go to court mediation over a wetland filling project, Pat Neal stood on a silty shoreline clearing to watch the first pieces of storm sewer pipe go into the ground at his newest, smallest and perhaps most controversial housing development.
The construction is the first stage of work at Harbor Sound, a four-home subdivision that Neal, chairman of Lakewood Ranch-based Neal Communities, is building for members of his family.
Under challenge for nearly a year, the project has raised the ire of local environmental groups because it includes about an acre of shore wetlands Neal wants to fill for the homes he plans to build. Those groups, which include Suncoast Waterkeeper, Sierra Club, the Florida Institute for Saltwater Heritage and Manasota-88, have lined up to oppose a Southwest Florida Water Management District permit that will allow that filling to happen. Former Manatee County Commissioner Joe McClash has headed the effort.
Even though that permit is now in dispute and the U.S. Army Corps of Engineers has yet to sign off on a second permit required to do the work, Neal is starting construction. He said he does not believe he will be denied permission to do the wetland work.
"I feel, ultimately, we will prevail," he said Monday. "If need be, we'll go to the highest court that has jurisdiction."



Read more here: http://www.bradenton.com/news/business/article48515295.html#storylink=cpy

Friday, September 4, 2015

Science Doesn’t Matter Much to Water Management District Board

Bradenton Times
Dennis Maley
Thursday, Sep 03, 2015

Last week, the governing board of the Southwest Florida Water Management District voted to ignore the recommended order of an administrative law judge and allow local developer Pat Neal to destroy high-quality wetlands in order to build four McMansions on Perico Island.

When it comes to understanding how our local environmental resources are squandered, the story of this development is instructive. It shows a flawed process in which those who decide the fate of some of our most precious resources are often the same ones who have demonstrated the least respect and appreciation for it. 
SWFMD originally voted to issue the required permit. The challengers, which included TBT publisher Joe McClash, asked that an administrative law judge review the application and issue a recommended order. After three days of presenting evidence, expert witness testimony and scientific explanations as to why the proposed development would be devastating to the local ecology, that administrative law judge’s findings of fact led him to issue a recommended order that the water management district deny the request for the permit. 
In the somewhat backward process of such matters, that order than was given back to the same board who was already poised to pass it. At the meeting, Neal’s team was able to present all of their supporting arguments for ignoring the ALJ’s ruling, while McClash and his partners, which included Sierra Club, F.I.S.H. and Manasota88, then had just 20 minutes to convince the governing board to follow the ALJ’s recommended order.
Read more. . . 

Friday, August 28, 2015

Give to Giving Challenge to Challenge Neal/Beruff - UPDATE

McClash Urges Donations for Neal/Beruff Permit Legal Fight During 2015 Giving Challenge

Update: Suncoast Waterkeeper had a great turnout for the Giving Challenge - here are the results.

The Bradenton Times

Staff Report•
Friday, Aug 28, 2015

BRADENTON — Joined by several environmental groups, former Manatee County Commissioner and TBT publisher Joe McClash has led the fight against developer Pat Neal's proposed destruction of wetlands for development on Perico Island. Despite an administrative law judge's recommended order that the Southwest Florida Water Management District not approve the application, SWFMD's board voted to do so this week. McClash and his allies are asking other citizens to join the fight.

The ALJ recommendation had to go back to the water management district's board for a final vote. Led by fellow developer Carlos Beruff, the board ignored the judge's recommended order for denial and approved the permit. The only recourse is through the District Court of Appeals.

McClash is urging the community to donate Tuesday, September 1, starting at noon lasting 24 hours during the 2015 Giving Challenge. Every dollar up to $250 will be matched by the Patterson Foundation. There is a minimum donation of $25.

There will be $35,000 in prizes for nonprofits that cultivate the highest totals of new online donors, so every donation counts.

The Suncoast Waterkeeper organization participated in the legal fight and is a participating organization. This is a unique opportunity to have a donation matched, but it must be done during the 24 hours starting at noon on Tuesday, September 1.  MORE . . .

2015 Giving Challenge Suncoast Water Keepers Noon Sept. 1 - Noon Sept. 2

Tuesday, June 30, 2015

Public can tell Pat Neal where to go

Public Can Still Weigh in on Perico Island Mangroves

Published Tuesday, June 30, 2015 12:10 am
When it comes to the unique permit Pat Neal requested from SWFMD to allow the developer to destroy high-quality mangroves and replace them with four homes, the message could not be more clear: don't do it. Neal requested a permit similar to the days of the 1960’s and 70’s when there was no environmental regulation. A litany of regulatory agencies have ruled against the proposed project, but it’s not over yet. 

In an ALJ recommended order issued last week, here is what the judge summarized:

“Although not acknowledged by the District, this is an unusual project. It resembles the kind of project that was common in the 1960s and 1970s in Florida, before the enactment of environmental regulatory programs, when high-quality wetlands were destroyed by dredging and filling to create land for residential development. In all the reported DOAH cases involving ERPs and mitigation of wetland impacts, the circumstances have involved impaired wetlands and/or the restoration or permanent protection of other wetlands on the project site. No case could be found where an applicant simply paid for authorization to destroy almost an acre of high-quality wetlands and convert it to uplands."

Read more...


What can I do? seems to be the most common question I’m asked about these things. Well, take a few minutes and email or write to SWFMD Executive Director Robert Beltran atrobert.beltran@watermatters.org or 2379 Broad Street, Brooksville, FL 34604-6899. You can call him at (352) 796-7211 (ext. 4606). Let him know you want SWFMD to stop permitting projects that destroy wetlands, and to uphold the Recommended Order denying the permit for: App/ID/Permit No:690912/43041746.000 Land Trust # 97-12, also known as Harbor Sound on Perico Island, DOAH Case No. 14-4735.

Saturday, June 27, 2015

ALJ Issues Recommended Order Against Neal on Perico Island


Published Friday, June 26, 2015 12:11 am

BRADENTON — Pat Neal intended to build what was described as a family compound on 40 acres of Perico Island re-zoned by the City of Bradenton in violation of its own rules and without a public hearing. But after already having his plans to destroy mangroves on the island shot down by the Army Corps of Engineers, an Administrative Law Judge issued a recommended order to the Southwest Florida Water Management District on Thursday not to approve Neal's permit to destroy high-quality, productive mangroves and replace them with four homes.


After running down a lengthy finding of facts, ALJ Bram Canter issued conclusions of law that called the proposed development, held by Neal through a trust, "an unusual project" that 
"resembles the kind of project that was common in the 1960s and 1970s in Florida, before the enactment of environmental regulatory programs, when high-quality wetlands were destroyed by dredging and filling to create land for residential development."

Canter added that "In all the reported DOAH cases involving ERPs and mitigation of wetland impacts, the circumstances have involved impaired wetlands and/or the restoration or permanent protection of other wetlands on the project site. No case could be found where an applicant simply paid for authorization to destroy almost an acre of high-quality wetlands and convert it to uplands."

Attorney Ralf Brooks represented the Sierra Club. “We agree with the findings and conclusions of the Administrative Law Judge," said Brooks in a statement after the decision was released. "It is important to preserve these mature mangrove wetlands on site because they provide natural storm protection, prevent erosion and provide important habitat for wildlife here in Anna Maria Sound near the historic fishing village of Cortez. It is important to protect our remaining mangrove wetlands as valuable natural resources especially in aquatic preserves and outstanding Florida waters."

Neal's trust has 15 days to file exceptions to findings of fact and conclusions of law contained in the recommended order with SFWMD, who issues the final order. Neal is being opposed by several groups including Manasota 88, Sierra Club, Suncoast Waterkeeper, the Florida Institute for Saltwater Heritage (FISH) and TBT publisher Joe McClash.

Background 
........................

Army Corp Tells Neal Not to Kill Mangroves on Perico Island

The Bradenton Times 
Published Saturday, March 21, 2015 12:07 am

Pat Neal Gets SWFMD Permit to Destroy Wetlands on Perico

The Bradenton Times
Published Friday, August 29, 2014 12:10 am