Print

Email story

Comment

Letter to the editor

Legislator fights land deal

But Dunedin Mayor Bob Hackworth says Rep. Tom Anderson should keep his nose out of city business.

By EILEEN SCHULTE
Published September 16, 2007

Former mayor and state Rep. Tom Anderson, R-Dunedin, has come out against the city buying about 6 acres straddling Bayshore Boulevard from country music songwriter J.C. Weaver.

"I have received many comments from Dunedin taxpayers in opposition to the purchase," Anderson wrote in a letter to the Times. See page 2. He also sent a similar letter to the Trust for Public Land, a nonprofit conservation group that has helped the city put together a grant proposal for the purchase.

That's wrong, says Dunedin's current mayor.

"It's completely inappropriate political influence," Mayor Bob Hackworth said, adding that Anderson's remarks are insulting and appalling.

Hackworth said he's taken aback that "our state representative would secretly make an effort to deprive Dunedin citizens their last chance to protect the last piece of waterfront property available to them."

Anderson refused to discuss his concerns with a reporter last week, but they include:

- Cost: The proposed purchase price is excessive, Anderson suggests, and the costs of upgrading and maintaining the property would be significant.

- Safety: Any park created from Weaver's property would be divided by Bayshore Boulevard.

- Legal problems: The Florida Department of Transportation and Pinellas County appear to have some title rights to the property, according to Anderson.

Anderson also contends that the city has a lift station on the property that could be impacted, and Dunedin already has a great deal of park land and recreational property along the intercoastal waterway.

"I believe that available taxpayer monies should be spent in a better way to serve the seniors, students and children in our community," he concludes.

While Anderson is taking a public stand on the purchase, another legislator who represents the city is not.

State Rep. Ed Hooper, R-Clearwater, whose district includes a small portion of Dunedin, said "there are some things cities and counties should decide for themselves," including this issue.

"The (Trust for Public Land) was founded to keep legislators out of this process and I think that's a good thing," said Hooper, who added that, as a lawmaker, he "should not be helping or opposing."

"But that's just me," Hooper said. "Maybe Tom feels differently."

* * *

The city has discussed turning Weaver's property into a waterfront park with direct access to the Pinellas Trail and naming it in Weaver's honor.

As outlined in a memo to city commissioners in July, the proposed purchase would consist of several parts.

The city hopes to obtain a total of $9-million in two separate grants for the land. On top of that, the city would contribute $6-million for a total of $15-million paid to Weaver.

According to the city's breakdown, Weaver would seek to donate $3-million of the $18-million purchase price as a charitable contribution.

This month, the Florida Communities Trust land-acquisition program released its preliminary scores for this year's grant applications. In its second try, Dunedin's request for a $4.5-million grant came in second out of a record 118 grant applications.

The winning grants will be selected on Nov. 2.

* * *

Anderson isn't the only official pointing out potential complications in the purchase.

In a memo to the City Commission and city manager, City Attorney John Hubbard wrote that the city may already own a large chunk of the land it is trying to buy. The county may also own a portion of it.

After looking at the title to parcels near Lee Street and Bayshore Boulevard, Hubbard said "there are significant title concerns about certain properties which Weaver Enterprises is attempting to sell to the city of Dunedin and which are included in the grant request being administered by the Trust for Public Land."

He noted that Alt. U.S. 19 has been located in three different places over the past century.

During improvement projects in the 1940s, it grew and city officials exchanged deeds with property owners in its path.

But major portions of the pre-1958 right of way remained in the ownership and control of the city, Hubbard wrote.

"Weaver Enterprises has apparently attempted to incorporate some of these publicly owned lands into the property being sold to the city," Hubbard noted. He added that Weaver Enterprises has taken steps to show it controls the land. That, he said, appears to be a step toward making a claim of "adverse possession" of the property.

Adverse possession is a way of legally taking someone else's property without paying for it. Usually, requirements for adversely possessing property include using it continuously and openly over a period of years and paying taxes on it.

Hubbard said that Weaver has paid taxes on city- and county-owned portions of the property for the past three-and-a-half to four years.

Weaver did not return calls for comment on Friday.

* * *

The issue of adverse possession already has played a role in the city's discussion of the land's value.

In an analysis done in April, city staff members tried to come up with a good estimate of the value of Weaver's land - except for about 1.02 acres acquired through adverse possession. The ownership of that land, they wrote, remains in dispute.

For the rest, the city staff estimated the value of Weaver's land at about $5.1-million to $5.29-million.

The costs of converting Weaver's property into a park - another of Anderson's concerns - would range from $337,000 to $521,180, according to city officials. The city has estimated annual operating costs for the park at $27,000.

* * *

The ownership concerns raised by Hubbard, Hackworth said, are "just details to be resolved." He said the $18-million asking price was only a preliminary number and that it will change.

"It may be less money the city has to spend (for the property)," he said. "Everything is subject to a rigourous appraisal process."

City Commissioner Dave Eggers called the city attorney's findings "quite a revelation."

"It's a fairly significant swath (of city land) that goes through the Weaver property," he said.

While some advocates have portrayed the question as whether the city wants a park or condominiums on the property, Eggers said he does not approach it as an emotional issue.

"For me, it's about doing our homework and making the best decisions for our citizens," Eggers said.

Vice Mayor Deborah Kynes said the bottom line is "you can't sell land you don't own."

But, she added, "their legal team has a right to repudiate or substantiate our claims."

Meanwhile, a group called Parks Not Condos is working to gain support for the project.

It now has more than 100 members, organizers say.

"I think we have plenty of condos already," said founder Kristin Schmitt, a first-grade teacher. "This is an opportunity for waterfront property to be preserved for the citizens of Dunedin and surrounding areas."

Eileen Schulte can be reached at schulte@sptimes.com or (727) 445-4153.

[Last modified September 15, 2007, 23:41:15]