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Group wants its input on ballot

In St. Pete Beach, a group opposed to the city's redevelopment plan says it will ask a judge to intervene, if necessary.

By PAUL SWIDER
Published August 21, 2005

ST. PETE BEACH - Saying two months is too long to wait, a political group opposed to St. Pete Beach redevelopment efforts has sent a letter to the city warning that if the City Commission does not put its four referendum questions on the ballot by Tuesday, the group will ask a judge to force the city to do so.

In an Aug. 18 letter to City Attorney Tim Driscoll, the attorney for Citizens for Responsible Growth, Ken Weiss, said the group's validated petitions constitute a requirement that the city put the referendum questions up for vote and that the city has "failed and refused" to comply.

"We have previously made a demand," Weiss wrote. "We have made every attempt to resolve this matter without resorting to litigation against the city."

City commissioners have said they are not blocking a vote on CRG's petitions, but they have ordered Driscoll to ask a judge if the questions are legally valid before they put them to vote. Driscoll hired the law firm Fowler and White to help and is expected to file a challenge of the petitions any day.

"The City Commission has not refused to schedule a referendum," said City Manager Mike Bonfield. "They chose to challenge the validity of the questions before the referendum is held."

Commissioners have said that if a judge says the questions are valid, they will put them on the ballot for the March elections. Bonfield has said that commission action to include items on the ballot would typically take place when it's time to order printing of ballots, which would be in January.

Objecting to tall buildings and more people, CRG started the referendum effort to thwart the city's plans to redevelop through larger resort hotels and mixed-use developments intended to support a tourist economy. In June, the Pinellas County supervisor of elections certified the group had collected enough petition signatures for the four questions.

The referendum questions ask for residents to be able to vote to require:

1. Voter approval of any increase in allowable height of any structure.

2. A unanimous City Commission vote to adopt the comprehensive plan or amendments affecting five or fewer parcels.

3. Voter approval of comprehensive land use plans or amendments. 4. Voter approval of any community redevelopment plan.

"We are in favor of having the citizens vote," Weiss said, objecting to being termed an opponents' group, though group members have said they are trying to stop the city's plan.

Weiss said Tuesday is arbitrary because there is no legal deadline for the commission to put questions on the ballot. He said his group cannot wait too long because eventually a court would be unable to force the city to do anything. "There is no magic in the date," Weiss said. "A judge sees people in noncompliance every day. He will know that after two months, (the city is) not going to comply voluntarily. If they have a valid challenge, of course, that will be allowed. If not, (the judge) will expect the answer to be a simple yes or no.

"It's time for them to fish or cut bait."

CRG has started another round of petitions seeking further referendum questions and the repeal of a recent update to the city's comprehensive plan. Should it gather enough signatures from this effort, Weiss said, it would stop the city's redevelopment plans pending a vote.

[Last modified August 21, 2005, 00:50:20]