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St. Pete Beach to challenge vote

The city attorney says questions might not be constitutional. The residents' lawyer says that argument has no legal basis.

By PAUL SWIDER
Published June 19, 2005

ST. PETE BEACH - City commissioners agreed last week to follow the recommendation of city attorney Tim Driscoll, asking a court to determine the validity of four referendum questions residents had petitioned for a vote.

Commissioners authorized Driscoll to proceed with a legal challenge to a referendum that residents initiated to have a voice in the city's development.

"I think this is kind of basic," said Mayor Ward Frizsolowski of Driscoll's recommendation. "We have to do this."

During Tuesday's meeting, Driscoll said the referendum questions might create a problem if they are not constitutional but voters approve them. Driscoll declined to offer specifics, telling commissioners, "I'd rather not get into that right now," but offered to present legal issues as part of a commission resolution. The referendum vote itself is not required until March 2006 unless the city holds a special election.

When residents spoke to commissioners on the issue, their anger was apparent as they let fly accusations of deceit, obstruction, "legal trickery" and even threats of a recall election.

Residents have formed a political action committee, St. Pete Beach Citizens for Responsible Growth, to oppose new regulations they say will create congestion and allow 20-story hotels. They also accuse the city of rushing the regulations through to appease developers. Commissioners insist that the rules are the outgrowth of a three-year public visioning process that reflects the community's expressed desire to promote tourism.

The residents' attorney, Ken Weiss, who represented Treasure Island residents in a similar dispute two years ago, said Driscoll's argument has no legal basis and shared case law with Commissioner Deborah Martohue, also a lawyer, that indicates a prereferendum challenge is inappropriate. He supplied his own legal opinion on the matter and challenged Driscoll to do likewise, saying the commissioners need Driscoll's opinion to have legal recourse against him when the challenge fails. Driscoll had not decided if he will provide a formal opinion.

The commissioners' frustrations with the combative atmosphere showed when residents against legal action said they thought it was a delaying tactic until a June 28 vote on the city's comprehensive plan - a vote that these residents fear would open the door to rampant development. Frizsolowski corrected speakers, noting that the vote in question is not on the regulations but rather one of many steps in creating them. Martohue asked City Manager Mike Bonfield to outline the process for the regulations so residents can understand the timing.

Bonfield said a June approval of the comprehensive plan amendments would then send that plan to the state Department of Community Affairs for a review that could last 45 days, after which there would be at 21-day public comment period. Once the comprehensive plan is approved, the commission could vote on the land development regulations, which are still being developed in workshops. Thereafter, a developer would have to submit a proposal based on those regulations and have it work through an approval process that could include public hearings. Bonfield said actual construction under new regulations would be four to six months away or longer.

"We're probably not looking at approval until the end of the year or early next year, and that's aggressive," Martohue said.

Nonetheless, Commissioner Ed Ruttencutter said he felt the commission might want to delay the process while the legal issues are resolved.

"Why would we proceed that way if it's against the wishes of the community?" he asked Driscoll of the comprehensive plan vote. "I'm afraid of the impression that will give to our public."

Driscoll said that was a political question, not a legal one.

Commissioners recently changed some of the regulations in response to complaints from residents. On Tuesday commissioners said they were surprised that none of the residents had mentioned the changes, and they challenged residents to supply their own suggestions to a plan the city is still creating.

In other action:

Commissioners authorized the city manager to research working with Citi Wifi to install a citywide wireless data network. Citi Wifi president Frank McCarthy made a presentation and indicated that a network, installed at the company's expense, could provide advanced communications free to the city, and that the city, like Dunedin, could share in the revenue from residential customers of Internet service.

Commissioners voted unanimously to approve a $3-million contract with Wharton-Smith Inc. of Lake Monroe to build the city's master lift station. They also voted to apply for a state loan for the construction.

[Last modified June 19, 2005, 00:38:17]