County Reaches Compromise On Wetlands

By MIKE SALINERO The Tampa Tribune

Published: Aug 17, 2007

TAMPA - In a move that satisfied neither developers nor environmentalists, Hillsborough County commissioners voted unanimously Thursday to keep a local wetlands division that a majority of commissioners wanted to abolish two months ago.

The commissioners, sitting as the Environmental Protection Commission, voted to approve a "hybrid" permitting model that EPC Executive Director Rick Garrity developed to stave off elimination of local wetlands protections.

Garrity promised that the new permitting structure would continue to provide stricter rules for destroying wetlands than those used by state or federal agencies. At the same time, he said, the hybrid would satisfy complaints by developers about excessive regulation and duplication in services also performed by state and federal agencies.

"This doesn't satisfy everyone … but I'm here to tell you what we're bringing you is a legally stronger rule that provides strong resource protection," Garrity said.

The vote was a major victory for environmental groups and neighborhood activists.

After the commission voted June 26 to eliminate the wetlands division, activists were able to harness public outrage and direct it at commissioners. They persuaded people to e-mail the board and newspaper editorial departments, to wear green T-shirts and to picket government buildings. On Thursday, hundreds of people took time off from work and household duties to support the division at the commission meeting.

Yet the environmentalists were subdued after the meeting. Many said they were concerned that Garrity's plan was conceived hastily and approved too quickly.

"I'm in favor of streamlining a process to make it easier for people to do their jobs," said Vivian Bacca of Brandon, "but this was way too quick. I question the outcome."

Developers To Have Voice

Developers, though failing in their attempt to eliminate the wetlands division, did not walk away empty-handed. They will be included on a wetlands technical advisory committee that will advise commissioners on wetlands policy, and they now have an EPC ombudsman to mediate their differences with the division.

Among a slew of permitting changes, perhaps the most important to developers is exempting them from permitting requirements when they want to destroy degraded or small, man-made wetlands such as cattle water ponds and drainage ditches.

They also will be dealing with a more compliant wetlands division minus two top officials who developers considered inflexible. Jadell Kerr, the director of the division, was forced to resign after blasting commissioners on a local computer blog for siding with developers.

Danny Alberdi, who was in charge of compliance at the division, was stripped of his permitting duties. Alberdi said he was told he was removed because he was a "lightning rod."

Joseph Narkiewicz, executive vice president of the Tampa Bay Builders Association, told commissioners his organization could live with the hybrid plan.

"The hybrid plan is something that's better than what we had before," Narkiewicz said. "At least we have some processes that are identified in writing and at least we have some timelines."

But others in the building trade said they worried that the hybrid would not change the way the wetlands division operates.

"I just want the EPC to keep their word if this hybrid process is approved," said Dave Campo, a development consultant.

Officials' Comments Irk Some

For many of the environmentalists in the crowd, the victory was soured by remarks made by commissioners Kevin White and Jim Norman. White and Norman said Garrity would not have moved to reform the permitting process without the commission voting to eliminate the wetlands division at its earlier meeting.

White, who made the motion to eliminate the division in June, said he then went to Garrity to work on a solution.

"I told Dr. Garrity I was not speaking necessarily to dissolve the wetland division," White said, as a low-grade rumble went through the audience. "I also told Dr. Garrity, 'Help me to help you.' I said this problem has existed for years. We have to come up with a plan where everybody knows what the rules are. … I'm all on your side."

Norman praised Commissioner Brian Blair, who began criticizing the wetlands division in April, accusing the agency of providing redundant services inefficiently.

"It was a bold, hard move in his efforts to protect this community," Norman said, referring to Blair.

Environmentalists were outraged at Norman's comments, accusing him, White and Blair of wanting to kill the agency outright, then reconsidering their votes in the face of public opposition.

"Now we see it was a clever plan to goad Dr. Garrity into doing what you wanted them to do. How clever," said Marcella Osteen, an activist from Balm. "It was insulting for them to sit up there and lecture us with that B.S."

Several of the environmentalists who spoke expressed sympathy for Blair, whose house was vandalized recently. Blair said garbage was strewn around his yard and graffiti was sprayed on his sidewalk. The spray-painting referred to his criticism of the wetlands division.

Reporter Mike Salinero can be reached at (813) 259-8303 or msalinero@tampatrib.com.

THE NEW RULES

Reduce a developer's time in getting a project approved.

Eliminate small man-made wetlands, such as cattle ponds and drainage ditches, from oversight.

Create a wetlands advisory committee that includes scientists, environmentalists and developers.

Create a handbook to help developers know what is required.

Reduce number of permits for docks, marinas, boat ramps and shoreline stabilization.