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Legion post's 'yes' vote is still in question

By SHEILA MULLANE ESTRADA
Published June 22, 2005

MADEIRA BEACH - Ballots from more than 2,000 members of American Legion Post 273 were 4-to-1 in favor of pursuing a development deal that would swap their present headquarters for a new and larger facility.

But the validity of those ballots is still in question.

Charles Burchell, commander of the local post, confirmed the ballot count conducted by the judge advocate of the American Legion's Clearwater-based 16th District, which oversees posts in Pinellas and Pasco counties.

Last month, in a controversial move, Burchell's executive committee sent ballots to the group's 4,000-plus membership, asking for authority to negotiate selling the Legion's waterfront property to a developer who wants to build a flagship condo-hotel and restaurant on an adjoining site.

In exchange, Frank Burkett said his company, Deacon Development, would build the Legion a new headquarters atop a multistory parking garage on the site. The new quarters, to be located just to the northeast of the Legion's present site, would still have water access, according to the proposal.

According to Burchell, 1,721 members voted in favor, while only 421 voted against. Nearly half the membership did not vote.

"We needed to know what the consensus of the general membership was, not just the people who really don't know Robert's Rules of Order," he explained.

Last week, more than 200 local members of the Madeira Beach post voted after a meeting to throw the ballots out, saying the process did not follow Legion rules.

An effort to have the ballots destroyed was blocked and the ballots were taken to a "secure location" to await a review of the voting process by the American Legion Department of Florida.

That review is still pending, says Burchell, who believes the state will rule the ballots were properly constructed.

But, he admits, even if the state does rule in favor of the balloting, there is no guarantee the development deal will proceed.

The reason? Burchell and his executive board, which met for the last time Tuesday, will be out of office by mid July.

"It's a very volatile situation out there. There is only mixed support among the new people coming on to the board," Burchell said, adding that the debate "has gotten very personal."

If the ballots are upheld and the new executive board agrees to pursue negotiations with the developer, Burchell said there still would have to be "an official" membership vote to approve the final deal.

Further complicating the issue, is Burkett's statement following last week's vote to reject the ballots that he will now pursue a smaller project that does not involve the Legion site.

[Last modified June 22, 2005, 01:08:17]