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Wal-Mart on the agenda - sort of

A Tarpon Springs official adds it to the agenda but will ask that it not be discussed.

By ROBIN STEIN
Published October 31, 2006

TARPON SPRINGS - Key city officials have declared it's a legal taboo for city commissioners to review Wal-Mart's revised plans for a supercenter on the south banks of the Anclote River.

The proposed store, controversial from the start, was approved by the commission after an all-night meeting in January 2005. It has been a political hot potato ever since.

But last week, city attorneys warned commissioners that mere discussion of the issue would be "unlawful."

That opinion may well derail the hopes of Wal-Mart opponents who had envisioned a showdown at the City Commission's next meeting - tonight.

Wal-Mart will be listed on the commission's business agenda today, only because Commissioner Pete Dalacos formally requested that it be included.

Police Chief Mark LeCouris, who is filling in as city manager this month, initially denied Dalacos' request. LeCouris later agreed to add the item to the agenda, but he said he will ask commissioners to not discuss it.

If a majority of the five commissioners agree, they'll just skip over it. No discussion.

City Hall arrived at this juncture after a week of legal scrambling.

City staff and attorneys initially said on Wednesday that putting the issue on the agenda would be "improper" and denied Dalacos' request to schedule a discussion about Wal-Mart's recent site plan changes.

Dalacos asked for a full public hearing on the matter after dozens of activists stormed the City Commission meeting Oct. 17.

The response that came back from the city staff on Wednesday was no.

According to a memo from LeCouris, who is interim city manager while Ellen Posivach is vacationing, it would be a violation of city laws for the commission to insert itself into an administrative review process.

Wal-Mart opponents have other channels to appeal staff decisions, LeCouris wrote.

But he retreated in a second memo released on Thursday morning.

"By Charter, even illegal and/or improper items may be placed on the agenda by a commissioner," LeCouris wrote.

Dalacos had prevailed. At least on paper.

LeCouris has a game day strategy. He will ask commissioners "to object to consideration of this item based on the city attorney's opinion ... that the item is illegal and improper."

What if LeCouris isn't convincing? He plans to ask for a deferral. City staff needs time to prepare for a public hearing, he says.

This Wal-Mart wrangle is an attempt by opponents to lay a path for a do-over of the marathon series of hearings that preceded the city's controversial approval of the supercenter two years ago. If built, the Wal-Mart will sit on a 74-acre site along the Anclote River, just east of U.S. 19.

Opponents contend that a public airing is needed because Wal-Mart has proposed making substantive changes to its site plan. The new plans eliminate a drive-through pharmacy, a tire and lube garage and a liquor store, they contend. They also argue that the retailer restated the amount of wetlands on the property, from 33.5 to 28.1 acres.

The city argues that all of the proposed revisions fall under the definition of "minor" changes, which do not require another full plan review.

[Last modified October 30, 2006, 23:41:19]