In the summer of 2020, the Little Wekiva River appeared to die. In the span of less than two years, the creek north of downtown Orlando, Florida, had dwindled from the width of a two-lane road to a muddy trickle. Then, in the midst of one of the rainiest hurricane seasons on record, it ran dry. Locals walked the riverbed in befuddled dismay. It was as though the river had simply vanished.
Then came the November 2020 election—and local citizens’ response to the chronic water pollution. Residents of Orange County, the home of Orlando’s theme parks as well as its biologically rich wetlands, voted to amend their county charter to grant rights to the Econlockhatchee and Wekiva Rivers. The Right to Clean Water Charter Amendment declares that “all Citizens of Orange County have a right to clean water” and that the county’s waterways have a “right to exist, Flow, to be protected against Pollution, and to maintain a healthy ecosystem.”
The election outcome made Orange County the most populous jurisdiction in the United States to recognize legal rights for nature. More than 500,000 people voted yes on the Right to Clean Water Charter Amendment, making this seemingly esoteric legislation, which passed by a landslide margin of 89 to 11 percent, the most popular item on the ballot.
“The Orange County law recognizes a human right to clean water,” says Thomas Linzey, senior legal counsel for the Center for Democratic and Environmental Rights, who has spent much of the past 20 years crafting similar rights-of-nature legislation around the globe.
By a vote of 3-2 the Manatee County Planning Commission barely recommended approval for Aqua by the Bay on Thursday, but commissioners had many doubts.
The best thing you can do now is write a letter to the editor. The Bradenton Herald and Sarasota Herald-Tribune reach thousands of people in Manatee County.
The easiest way is to go to their websites. Bradenton Herald: Go to Full Menu/Opinion/Submit a Letter. Herald-Tribune: Go to the bottom of the Home page and click Letter to the Editor under Submissions.
Almost 200 people have emailed commissioners objecting to the project.
If you haven't written yet, you have until May 4, when the County Commission meets. Please write to Commission Chair Betsy Benac at betsy.benac@mymanatee.org
The big meeting is May 4 at the County Commission, which will have final say. If you can attend the meeting, please do. A big turnout matters, especially if you speak.
Carlos Beruff
If you want to speak, sign up for a speaker card outside the commission chambers. If you speak as an individual, you get three minutes.
If you speak for an organization with five or more members, you get 10 minutes. You need to bring a letter signed by an officer of the organization.
The meeting will be held at 1:30 pm in the County Commission building, 1112 Manatee Avenue West, Bradenton, FL 34205.
Thank you for helping save Manatee County's last great place.
Long Bar Pointe is home to the bay’s best mangrove and seagrass ecosystem, its finest fishing grounds and its largest bird sanctuary. The latest project from developer Carlos Beruff puts them all at risk.
Three years ago, Mr. Beruff tried to build a marina and dredge a boat channel through the mangroves at Long Bar Pointe, but ran afoul of the Manatee County Comprehensive Plan. He tried to amend the plan to let him have his way, but the county turned him down. After suing in vain for three years, he’s back.
Now, at a development called Aqua by the Bay, Mr. Beruff wants to:
Dredge a lagoon 2½ miles long, up to 150’ wide and 8’ deep right behind the mangrove fringe.
Build a seawall right behind the lagoon and nearly 3,000 homes above the seawall.
Construct at least one building 75’ tall and one 145’ tall – four times the legal limit.
He’d also like to install dozens of docks along the shore and, under a unique mitigation bank from the Florida Department of Environmental Protection, trim more than a linear mile of the mangrove coast.
The lagoon, the seawall, the mangrove trimming, the mitigation bank, the docks and the density would:
Conflict with a more than a dozen local dredging and wetland protection laws.
Severely impact the mangroves and their ecological function.
Endanger the healthiest seagrass beds on Sarasota Bay.
Destroy the character of this peaceful coastline.
Beruff
Responsible agencies stopped allowing lagoons and seawalls behind mangrove shorelines 40 years ago because scientists found they depleted ecological function and condemned mangroves to relentless decline.
13-story high rises on this coast would destroy its Old Florida feel, and replace a natural wonder found nowhere else with an artificial world you could find anywhere else.
Everything about this project would degrade this complex and fragile ecosystem. There is no doubt Long Bar Pointe will be developed one day, but it should be done with the respect and care it deserves.
This letter from Adrien Lucas went to several federal and state environmental agencies. This was one that went to US Fish and Wildlife.
March 17, 2017
To: US Fish & Wildlife Service - East Region
Supervisory Fish and Wildlife Biologists
Professional Biology Series Staff
My name is Adrien Lucas, I live in Sarasota, FL and have been working on an environmental battle against Sarasota County in relation to the publicly owned lands that surround the Celery Fields regional stormwater facility. The Celery Fields grew from a county project created mainly to alleviate flooding downstream in our Phillippi Creek basin that ultimately flows into the Sarasota bay.
The Celery Field was an accidental “eco” invitation to endangered and threatened birds who began showing up in droves, creating a birder’s paradise. The county recognized this and developed trails, planting native plants in addition to working with the Sarasota chapter of Audubon, creating a facility for Audubon volunteers to engage visitors. It is our town’s “Central Park” and is known worldwide by birders who travel here for the parks amazing opportunities to see endangered and threatened birds up close in their natural habitat.
Celery Fields from the hill
Recently our County has accepted two offers for two separate parcels adjacent to the park. One is for what the buyer calls a 16-acre recycling plant and waste transfer facility. The recycling would be of construction debris and lawn scraps, filled with pesticides. This particular business will be adjacent to the headwaters of Phillippi Creek. The other parcel of land is for a company called Restaurant Depot. Both of these businesses will introduce major truck traffic in an area where protected bird species are beginning to thrive.
Celery Fields wetlands
We have evidence that these lands may fall under National Estuary protections. I have heard from Sarasota Audubon's conservation chair, Robert Wright, there are reports that blue crab and snook have been found at the headwaters of Phillippi Creek which begins at the Celery Fields. We are trying to get the document from Mote Marine Laboratory because the information came from there I have not heard back from them yet with Mr. Wright just reporting it at a recent meeting.
In 2016, Mote Marine Laboratory released about 40 snook at eight different release sites to document which shoreline habitat types juvenile snook prefer along Phillippi Creek -- a 7-mile, estuarine tidal creek system that offers diverse habitats for young snook.
Phillippi Creek, Sarasota County
As far as I can determine, Sarasota County documents pertaining to these county lands for sale show nothing from county staff reports in their studies that include documenting the adjacent wildlife and sea life found living on these lands or next to these lands. Isn’t it the county’s duty to perform these studies in conjunction with state agencies to determine if these properties do not show benefit to the species I mentioned? Furthermore, public opinion is held by many different groups that the county should not have put these lands up for sale at all, due to not only the fragility of the Celery Fields but additional traffic to an already congested two-lane road is going to get worse with the introduced truck traffic. These lands must be recognized as useful lands that are needed for the birds that live in the Celery Fields.
We have had two protest rallies, good news coverage and, at the public hearing for the Restaurant Depot parcel, we managed to get a stay of 30 days because the buyer could not satisfy our Sarasota County Charter in relation to full disclosure of the owners who are trying to buy the land. This has bought us a little bit of time but we are deeply concerned that the county is not going to listen to us and it will be too late if we cannot stop the construction and sales of this property. The second public hearing for this particular parcel has been rescheduled for April 26 at the County Commission.
I am desperate to try and stop the sales of the lands the county has put up for sale and appreciate any insight you can provide in what I need to do to begin the process to have studies done for the above reasons.
I was given information that your department has the authority under 50402 Code of Federal Regulations to require and process impact studies and enforce of federal laws under Section 9 USC on violations of the act.
I believe our county has failed to apply to the Army Corps of Engineers for any studies about what I am writing to you about. These studies must be performed prior to putting the lands in question up for sale and now two of the parcels are under contract to be sold. This information appears to not have been disclosed to the potential buyers either. With Mote Marine Laboratory’s snook study and reported sightings of snook in the headwaters of the Phillippi Creek (that begins at the Celery Field stormwater facility) plus documented sightings of endangered and threatened bird species who may be nesting in adjacent retention pond areas, I see the potential future of EPA pollution dangers given the top of the watershed to the bay.
Is there any way you can assist us in starting this process with the Army Corps of Engineers?
Caracara - a species of concern - Chuck Behrmann, Celery Fields
I thank you for your consideration and appreciate any help you may provide in telling me what documents I need to file or if you know who will file them for us.
I am available anytime to discuss this urgent matter. We are running out of time.
A letter sent to the Sarasota County Commission by Adrien Lucas:
Good morning Commissioners,
I am dismayed that I have to begin my day by writing you about the surplus land you are trying to sell off that surrounds Our Celery Fields. With the lands that Mr. Medred and Mr. Bailey are trying to purchase for their clients, plus the new "surplus" acreage that just went up for sale next to the Celery Field, I can only imagine who the next "player" will be in orchestrating the purchase of this new piece of land. Upon watching county footage where some of you agreed to sell Mr. Gabbert four acres, it was with complete amusement to see Bob Waechter make an appearance to give his two cents to some of you about how he found the sale agreeable and should happen. Meanwhile, no one in the area had received notice nor could they see the sale sign that had been posted behind signs. It is a very puzzling process you are all becoming involved in, I can only remain hopeful that you will be listening to the voters of Sarasota who are against the county surplus land sales that are next to Our Celery Fields.
Please take the time to watch the video clip I have provided in this email in its entirety. There are more meat and potatoes of information in this educational video for everyone to use, a jackpot of Celery Field history. How can the proposed types of development and sale of county "surplus" land that surround this preserve ever enhance the Celery Fields or the local neighborhoods? They cannot.
Restaurant Depot, is a members only club. How many people live in Sarasota County? How many people in Sarasota County own restaurants? A "member's only" club open only to restaurant owners does not benefit this particular area one bit.
TST Ventures/Gabbert Recycling: Mr. Gabbert's right-hand real estate man, Bo Medred has stated a few times, "This recycling center will cut down on illegal dumping," it's a bit of a stretch. Can Bo Medred prove this claim? Has he provided a study to support this claim? Mr. Medred speaks as if this is a proven fact for Sarasota County. I am certain that if we, the voters of Sarasota, have to appeal decisions in relation to these sales, that we will have to support every claim that we make. These burdens should fall upon Mr. Medred and Attorney Bailey who has not fully disclosed the owners who wish to purchase the acreage for Restaurant Depot. We all have a public hearing on March 1st to attend because our Planning Board members failed to ensure that Attorney Bailey follow the rules of our charter. (Anyone can watch that complete hearing here.) It is even stated in the Herald Tribune published on February 14th that the Sarasota County Charter requires persons or entities applying for rezoning to disclose the true ownership interests. If Attorney Bailey has submitted an amended ownership disclosure form, I want to see it.
Our Celery Fields preserve is more than just an important working filtration unit for our county, the educational component with children/students, 7 acres for people to walk/run/bird/walk dogs, MAJOR ecotourism, 400+ bird species recorded - many who are listed endangered or being watched, butterflies (many who have very low population counts), rats and mice that owls and birds of prey eat, photographers, the fish that live in the waters...I could rattle off the amazing and wonderful things about Our Celery Fields all day. (Here's another site made by people who also care.)
I encourage you to watch this video before the March 1 public hearing meeting for Restaurant Depot.
Producer Darryl Saffer talks to Jeanne Dubi, president of Sarasota Audubon about the exciting developments at the Celery Fields, including the new education center under construction. Barry Rossheim brings his Venice High School Zoology Club to the Celery Fields to participate in the Backyard Bird Count.
Please do not vote in favor of Restaurant Depot being built on the property next to the Celery Fields. We need our elected officials to be champions for the county. How about it? The benefits to Sarasota are numerous and can only grow if you don't mess this up for everyone. It would be so nice to have leadership we can trust and admire in protecting and growing Our Celery Fields preserve area to accommodate bigger ideas that benefit all.
And if you have a minute, we'd love for you to join us:
(One has to read the comment thread to understand what actually took place):
Tom Ochsner: To me this doesn't sound like anyone got paid off. What it does sound like is the developers basically threatened to countersue the entire Manasota 88 group for costs and, likely, "damages". My guess is those representing the 1,000 members had to decide if it was worth exposing financially each individual member. I can't blame them, though it is very disappointing and does show that big $ runs the show.
"Bottom line: an entrenched political machine has been effective in undermining Sarasota’s quality of life for the last decade, with greater success in recent years. Those who fund and direct this “growth machine” effort are Pat Neal, Carlos Beruff, Rex Jensen and Randy Benderson. A review of local PACs and campaign ledgers reveal their investments in their growth machine candidates."
Ray Porter: The same Republicans who cry and moan about influence peddling and corruption at the federal level are so quick to deny that anybody is influenced by developer cash at the local level. Why the double standard? Government closest to the people is the MOST vulnerable to political influence and favoritism. We should move toward district-only voting for county commissioners - level the playing field; encourage more candidates to come forward; and make the elections winnable through grassroots campaigning in limited geographic areas. Someone could win with good ideas and $20,000 in contributions, as opposed to buying a seat with $150,000 in developer money.
"By the way, remember that $50,000 donated by Robinson Hanks Accounting to Manatee Against Taxation on June 5, 2013? On July 3, 2013, Manatee Against Taxation turned around and paid Robinson Hanks $50,000 for accounting services. It’s interesting that a political committee required accounting services valued at 43% of its total 115K in assets, and remarkable when a company can make a 50K political committee donation and then one month later charge the same political committee an exorbitant 50K accounting fee, recouping its original donation. Even more remarkable how the PACs treasurer, chair and registered agent are one and the same – Mr. Robinson. Now Sarasota has Mr. Robinson’s accounting prowess at the helm on the Sarasota School Board."
BRADENTON — At Thursday's Special Planning Commission meeting, Mosaic Fertilizer LLC requested the commission recommend an ordinance to rezone 3,596 acres from General Agriculture (A) to Extraction Zoning District (EX) and extend their mining permit through 2037.
Florida’s state-funded mental hospitals are supposed to be safe places to care for people who are a danger to themselves or others. But years of neglect and deep budget cuts transformed them into treacherous warehouses where violent patients roam the halls with no supervision and workers are left on their own to oversee dozens of people. Now, no one is safe inside.
The only uncertainty is whether the piece concerns actual mental hospitals, or Rick Scott's funny farm.
When defending a proposed Whole Foods parking lot on University Parkway that will destroy a long-protected and functioning wetland, Whole Foods’ spokesperson Tony Lesley said the company will “hire an arborist to identify trees that, once removed, can be repurposed into tables and wall art” for the new store.
This is akin to repurposing Cecil the Lion by hanging his trophy head on the wall.
Whole Foods as a corporation may support laudable “green” values but clearly does not understand or support core environmental values important to Sarasota County residents.
Whole Foods’ eco-friendly actions in energy efficiency and recycling will occur at any location. But they should happen at a different site — one without wetlands or other environmental features our community wants to protect.
Whole Foods was challenged to respond to a Herald Tribune editorial critical of Sarasota County's decision to allow a 4.5-acre wetland to be paved over for use as a parking lot for a new Whole Foods outlet on University Parkway:
If social media has any value to Whole Foods other than advertising its wares, perhaps someone from the local store will address this editorial:
Lyons: Wetland to become Whole Foods parking lot
Gary Comp recalls how right it seemed in 1999 when his environmental assessment of a wetland full of maple trees helped sway the Sarasota County Commission not to let it become a parking lot.
HERALDTRIBUNE.COM
Hi Tom, Thank you for your concern regarding this matter. we are very sensitive to environmental sustainability, and one of Whole Foods Market's core values as a business is to practice and advance environmental stewardship. While we are not the site developer, we understand, the city, county, and federal agencies have all agreed that the developer’s plans for the space we and other retailers plan to lease are within current regulations. The developer has also gone above and beyond what is required by purchasing a large tract of pristine wetlands within the watershed and donating it back to the public to ensure it is preserved for generations of Sarasotans.
Linda K I appreciate the additional land was purchased and donated for preservation. HOWEVER...right here we have a prime example of just how "preserved and protected" these lands ACTUALLY are if a developer wants them! I also had to either laugh or cry at the "within current regulations"....is WF ACTUALLY so naive that they don't know that the City Commission is OWNED by the developers??? Need a regulation changed...just mention it and it's a done deal....
(Thank you, Commissioner Hines, for your "no" vote...It is appreciated and will be remembered...)
Gini H - Whole Foods could have built a parking garage, like Publix at Bay St/41 did . I won't be shopping there anymore. BTW, Florida lost more than 260,000 acres of freshwater, emergent wetlands during 1985-1996, and the rate of loss of this wetland type more than doubled as compared to the rate during the 1970's-1980's period. Wetlands, particularly freshwater emergent wetlands, are essential for waterfowl and other wildlife, yet losses continue. Since Florida became a state, total wetland area has decreased by approximately 44%.
Wetland habitat in wintering areas such as Florida is important in the overall annual cycle of migratory waterfowl. Habitat conditions during this non-breeding period affect waterfowl survival and reproduction in subsequent years. Ducks must maintain or improve their body condition during winter to avoid mortality during spring migration and to meet the physiological demands of the nesting season (i.e., egg laying, incubation). The FWC's waterfowl staff devotes considerable resources to monitoring and managing these migrant birds and providing quality habitat for them in Florida.
Managing wetland habitat is critical to providing the greatest quantity and highest quality of habitat possible to support Florida's waterfowl and other wetland-dependent wildlife. Without a large habitat base that includes breeding, migration, and wintering areas, waterfowl populations will decline despite any attempt to restrict sport harvest. Wetland habitat management has importance beyond its value to waterfowl by benefiting many other Florida plant and wildlife species.
Shocking absolutely no one at all, the Sarasota County Commission bowed to Whole Foods and WaWa Tuesday, approving the erection of those commercial enterprises on a wetland on University Parkway at Honore.
One resident near the wetlands site was quoted by the Herald Tribune as saying: “There is a lot of growth; we can’t stop it anymore."
A forested wetland preserve standing in the way of a new Whole Foods Market at Honore Avenue and University Parkway will become a parking lot after the Sarasota County commissioners approved a rezoning change over the objections of some staff and residents.
The measure passed 4-1 with Commissioner Charles Hines voting against it.
“Clearly this is a good location for this end user, except there’s a wetland right on it,” Hines said. “There is testimony in the record that says it’s a functioning wetland. It still has value. It still has use.”
Citizen advocate Bill Zoller wrote to acknowledge the effort of Commissioner Hines [link added]:
Dear Charles:
Thank you very much for voting against the Whole Foods proposal which will result in the destruction of the wetlands at that site. That wetlands was the basis for the denial, some years ago, of the McKay et al proposal for that site. At that time, all aspects of the issue, and of the importance of the wetlands, were aired, discussed, and dissected in great detail. Since that time, nothing has changed that would warrant the destruction of the wetlands, nor has the role of that wetlands in the overall ecology changed.
Again, your concern and your vote are much appreciated in this matter. Sarasota will lose one more important piece of its natural systems, which is a loss for us all.
Sarasota County Council of Neighborhood Associations - CONA
monthly meeting
Monday, November 9, 2015 at 7 p.m.
Making neighborhood water features beautiful, natural, and healthy
Speaker: Russ Hoffman
At its Monday, November 9 meeting CONA will host Russ Hoffman of Beautiful Ponds, an expert lake, wetland, and preserve manager, who is recommended by conservationists and has won awards from the Audubon Society recognizing his environmental commitment.
Come hear Russ Hoffman discuss how neighborhoods can develop the natural beauty of their water features economically while making them ecologically beneficial. He also will discuss how to turn your bare water features and shorelines into gracious, sustainable, and natural attractions for people and wildlife without the unnecessary chemical spraying often recommended unwisely.
social 6:30 p.m. - meeting 7:00 p.m.
at the Sarasota Garden Club
neighbors helping neighbors since 1961
__________________
November 16 - special CONA party - make your reservation today
Good morning! I may not be able to give public input during agenda item 28 today due to a prior commitment, so I am sending you my written comments.
I urge you to reject the petition to approve Pinelands Reserve conservation land for a shooting range. The petition ought to be rejected for the following reasons:
According to the Comprehensive Plan (Recreational and Open Space Chapter 1), “recreational uses implemented on the Walton Tract [Pinelands Reserve] and T. Mabry Carlton, Jr.Memorial Reserve shall be limited to activties which are ecologically benign, non-consumptive, and resource-based." This wording is also found in the Sarasota County Land Management Master plan and the Pinelands Reserve management plan. A shooting range on the Pinelands Reserve violates these requirements.
A shooting range employing lead shot and clay pigeons will introduce hazardous substances found to be carginogenic and otherwise toxic. I refer you to the references provided in the correspondence background materials for this agenda item. Such harmful substance are the antithesis of ecologically benign.
A shooting range employing lead shot and clay pigeons will generate significant noise which will discourage or eliminate nesting birds. Not ecologically benign.
Clearing substantial acres of conservation land for a shooting range is neither resource-based, non-consumptive, nor ecologically benign.
The submitted permit fails to include best planned management practices addressing the planned use of lead shot & clay pigeons. The permit itself doesn’t comply with County requirements for approving land use changes.
The submitted application fails to include Disclosure of Ownership form. Again the permit itself doesn’t comply with County requirements for approving land use changes.
The submitted application fails to include an Owner Affidavit form. Again the permit itself doesn’t comply with County requirements for approving land use changes.
The submitted application fails to include a Billable Fee Pay Agreement. Again the permit itself doesn’t comply with County requirements for approving land use changes.
The submitted application fails to indicate that the soil (pineda soil) is subject to flooding/standing water.
This land use change will effectively privatize public land.
It has been reported that the neighborhood workshop held on this issue failed to notify residents that the lands in question are conservation lands, specifically Pinelands Reserve. Today’s agenda item description also fails to identify the land in question as Pinelands Reserve conservation land. This is a substantive omission. Failure to communicate clearly on this subject with the public calls into question the validity of the outcomes of the ensuing meetings.
Is it true that County employees have refrained from bringing these and perhaps other concerns forward regarding the shooting range application for fear of reprisal? Reports of County employee intimidation are reminiscent of the reported “marked for death” County culture which existed under Jim Ley. Will you be initiating an ethic investigation into these concerns? (I refer you to the background correspondence document for this agenda item).
My input is informed by my service on the board of the Council of Neighborhood Associations since 2011, during which time I have studied the Comprehensive Plan and given input to the County Commission regarding land use issues. I have written various columns and guest columns addressing land use issues, as well as blog entries on my website, www.thedetail.net. Thank you for your consideration.
