Editor’s note: Sticks writer Mariella Smith contributed greatly to this post.
Mariella Smith has done quite a job keeping you informed of Hillsborough County’s attempt to dismantle the Environmental Protection Commission. And as you know, some folks are so passionate about the environment, that they are willing to jeopardize their own career. I only wish that the general population had this much passion – or even just a modicum of interest in what’s going in your back yards.
We here in the sticks have no interest in becoming a one-topic website. And frankly, I am not what you could call a tree-hugger. However, I feel that this ongoing attack on the wishes of the citizens deserves a bit more than one or two mentions of outrage. Therefore, I’ve asked Mariella to continue to learn more about all of this, and Sticks of Fire will be following this story to its conclusion. Of course, you may have heard that Sticks of Fire is now a part of the story.
In the face of unconscionable pressure to toe the company line, the director of wetlands regulation for the Environmental Protection Commission had the guts to let her feelings known in this public forum. For that, Jadell Kerr was suspended for her comments on Sticks of Fire.
Directly after the vote last week, Ms. Kerr felt completely lost:
Jadell Kerr, the wetlands division manager, said she wasn’t holding out much hope her job or those of 28 who work for her will be saved… “I think wetlands management is dead in the water, ” Kerr said. “I don’t think it matters what the public says. The county commissioners have already made up their minds.”
Over the weekend, it seems she found some hope within the outrage on Sticks of Fire. With over 30 comments at the time, there were others incensed at the commission about her passion. Here there were real people – local citizens – and she reached out to them.
It obviously took great courage to go all in and let the public see things from her insiders’ perspective. Clearly, she felt the only hope for saving our county’s wetlands is for the citizens to understand what is going on, and hope you citizens can makes a difference.
Ms. Kerr’s comment was in the commissioners’ hands a few hours after she pushed the “say it!” button. She did not push that button accidentally — she knew what she was doing. Just as clear, Jadell’s primary concern is our natural resources, not her job.
Of course, in the wake of last week’s meeting, it was obvious that not only her job, but the entire EPC is in jeopardy. And don’t just read the headlines. Look at the way the BOCC treated EPC Executive Director Richard Garrity: (from the Transcript):
RICK GARRITY: COMMISSIONER, TOM IS RIGHT IN THAT $1.2-MILLION FIGURE. I DIDN’T ANTICIPATE YOU MAYBE MAKING THIS DECISION TODAY, BUT WE — I DID HAVE AN UPDATE FOR YOU ON THE FEASIBILITY STUDY, WHICH I THINK ADDRESSES SOME ISSUES OF DUPLICATION, WHICH I KNOW IS VERY IMPORTANT TO THIS BOARD, AND I THINK IT’S VERY PERTINENT TO YOUR DECISION. THIS IS A PRETTY BIG DECISION, AND I THINK WHAT SOME OF THE THOUGHTS THAT WE HAD ON ADDRESSING THE DUPLICATION ISSUE
THAT YOU SHOULD HEAR BEFORE YOU MAKE THAT DECISION. IT WOULD JUST TAKE ME A FEW MINUTES HERE.
BRIAN BLAIR: WELL — OKAY. IT’S 12:12. HOW LONG IS THAT GOING TO TAKE YOU, DOC? I’VE GOT COMMISSIONER HIGGINBOTHAM, I WANT TO MAKE A COUPLE COMMENTS, AND –
RICK GARRITY: GIVE ME THREE MINUTES.
BRIAN BLAIR: IT’S GETTING LATE. OKAY. THREE MINUTES. GO AHEAD. THAT’S IT. WE’RE GOING TO MAKE A DECISION RIGHT NOW.
Richard Garrity’s entire department was on the line. Above, you can see he was pleading for just a few minutes (Times says he “begged”) to be heard. Garrity was SCHEDULED to make a presentation to the board. Brian Blair did not give a hoot. He pushed Garrity off to the end of the meeting. He derisively called him “Doc.” He didn’t even want to give him the three minutes. BLAIR even HIT THE TIMER. In reading the transcript above, you can easily imagine Blair rolling his eyes.
With that disrespect commissioners showed toward her boss, we believe Jadell Kerr felt no one was listening in the county and she had to reach out to the public on Sticks.
As mentioned above, we will be following this story to its conclusion. We are already chasing down some interesting developments related to this that will affect the entire state of Florida. But most importantly, we want to keep this public discussion going. We welcome all and any comments from any of you, and I’d particularly like to hear from any of you who support removing the EPC.
Ted Newton
2 years ago
Any commissioner voting to kill this should be voted out. A list of their names should be published!
GKR
2 years ago
This May 8th Tampa Tribune article encapsulates the current EPC vs. developer situation nicely and includes the usual suspects and arguments:
http://www.tbo.com/news/nationworld/MGBVV8HTF1F.html
voxpopuli
2 years ago
Oh well, since THE Inimitable Wayne Garcia linked me and since I have since updated same with more spurious info on one DICK Garrity … you all should read this.
Apparently, Mr. Garrity has a long history of ass-kissing and other dark mis-tributes associated with himself.
Jadell — take the ball and run with it. This is Supreme Court stuff, girl. DO IT !!
voxpopuli
2 years ago
And Brian Blair can kiss my fine ass. Maybe Dick isn’t all bad but he should NOT have suspended Jadell because of pressure. Your first duty is to stand behind your employees if they are in the right.
Come ON Dick. Do the right thing.
Let’s hope this opens up the picture. Something like this happened in IL. and the Governor there ended up going to prison for six years. and a half. Oh, jeb in orange. I could set that to music and send him a cd.
Justin
2 years ago
I would like to vote “No Confidence” for the county commissioners. They are killing this county. They won’t protect whats important (kids and environment).
4aBetterPlace
2 years ago
Facts are the enemy of truth. Jadell cashes her paycheck, freely choosing to work at the pleasure of the commissioners. Policy and budget matters are not hers to decide. Surprising that a bureaucrat is against reducing government! Why doesn’t Jadell run for the commission?
The assertion that wetlands are not equally protected by state law is false. SWFWMD is legally empowered, and does in fact protect wetlands with equal vigor. Hillsborough County is the only County in SWFWMD’s jurisdiction which duplicates wetland permitting. The repeated dire predictions of environmental catastrophe are NOT supported by looking at development in thess counties. To the contrary, claiming agricultural impoundments and drainage ditches and the likes as protected wetlands often contributes to choppy inefficient us of land. Poor design lowers density and intensity, promoting urban sprawl, congestion, and development in the well and septic areas of the county. Beware of statistics generated by a government agency to justify it’s own existence. Well designed live work centers with the density/intensity to support future mass transportation hubs will require thoughtful design. We need positive solution oriented government!
Meredith
2 years ago
“The repeated dire predictions of environmental catastrophe are NOT supported by looking at development in thess counties.”
What? How do you define “environmental catastrophe?” I define it as “nature paved over into parking lots.” Hillsborough County developers have little interest in mass transportation because it will reduce demand for Ralph’s concrete in the larger perspective. Good design makes sense but it does not make dollars for developers and that’s the ultimate motivating factor here.
Florida Cracker
2 years ago
Well, finally! A developer has weighed in. “facts are the enemy of truth”? say wha…? That one has me scratching my head, so I’ll just leave it alone. Did Yogi Berra say that?
Beg to differ, 4aBetterPlace, but SWFWMD does NOT protect wetlands with equal vigor. If it did, you guys (and gals) would not want them in charge of wetlands. And state rules as to which wetlands can be filled are weaker than EPC’s which regulates wetlands of 1/2 acre. State gives them a pass.
And EXCELLENT idea…Jadell running for commissioner! Thank you for putting that idea on the table. If she is fired for telling the TRUTH and shaming the devil, then I’m thinking there will be about…oh, say…FOUR seats open for her to choose from. How will you like THAT? I like it a lot!
I think she would make a GREAT commissioner. But then almost anybody would be a vast improvment over these bozos. (Excepting Rose and Mark)
And what we need is HONEST government above all…honest FIRST..then maybe you’ll get some of that “positive solution oriented government” that you say we need. Let’s just get us some of that HONESTY-oriented govt. FIRST!
I’m just sayin’
Y’all come back now, hear?
Lee Nelson
2 years ago
“Facts are the enemy of truth.”
If that statement wasn’t so sad, it’d be funny.
GKR
2 years ago
“County Wetlands Manager Suspended; Blog Posting Cited” (Tribune)
http://www2.tbo.com/content/2007/jun/28/me-county-wetlands-manager-suspended-blog-posting-/#comments
voxpopuli
2 years ago
Way to tell it last three commenters. God. They hand out these wallet cards to some of those folks: (in the event something untoward happens with the little people)
The wallet cards say: “He is a fine member of the party”
“It’s for the public good”
“Development is good for everyone and their soul, TOO”
“on the contrary”
“another way of looking at this”
“I’m sure this is a huge misunderstanding”
you know … that kinda stuff.
Just plug in what fits the occasion cause they can’t think for themownselves.
voxpopuli
2 years ago
oh and GOOD ONE, Justin !!
4aBetterPlace
2 years ago
Florida Cracker(self proclaimed)
jadell08.com is available, http://www.godaddy.com/gdshop/default.asp. Blog when she is able to raise funds and I will mail $100 to start her campaign account!
Florida Cracker
2 years ago
Dear 4abetterplace,
Funny, i must admit.
But only 100? Why not the usual 500 and then more 500s from your family and employees and their kids…then before you know it, it’s Commissioner Kerr. Does have a nice ring to it. But I don’t think you would get your money’s worth from her.
And anyway, I’m thinking that she will NOT be available any time soon; in FACT, she just may get a promotion to head up EPC. Wouldn’t that be fun?
I’m thinking BIG. What say you?
Love,
Florida Cracker, trying to keep some FL to be a cracker IN
release - » Wetlands Policy and Sticks of Fire Do Not Mix
2 years ago
[...] Jadell Kerr, a regulator with the Hillsborough County Environmental Protection Commission, has been suspended for two weeks from her six-figure job with the county due to comments she made on local blog Sticks of Fire. Tommy notes it here. [...]
4aBetterPlace
2 years ago
Behind the fear of change lurks the question “What is the next right answer”. Before we turn and look forward lets indulge the “activists” (people who know only what they are against) and debunk the bald assertions that (1) wetlands will be lost with the elimiantion of EPC wetland division because SWFWMD and DEP regulations do not provide equal protections for Hillsborough’s environment (2) SWFWMD and DEP allow wholesale filling by Developer’s of any wetland samller than ½ acre.
(1) Protected wetlands are uniformly determined in accordance with Florida Administrative Code chapter 62-343.040 Formal Determinations of the Landward Extent of Wetlands and Other Surface Waters, which can be read at:
https://www.flrules.org/gateway/readFile.asp?sid=0&tid=2243627&type=1&file=62-343.040.doc
Any agency empowered to determine the extent of regulated wetlands is legally required by Florida Statute to use this methodology.
When an impact is justified the required mitigation is calculated in accordance with the, Uniform Mitigation Assessment Method Chapter 62-345, F.A.C., another statewide law applicable to all agencies, including EPC wetland division.
(2) I believe that the erroneous assertion that SWFWMD and DEP allow “developers” to fill all wetlands less than ½ acre may originate as a distortion of the following notice general permit exemption. The basis of this permitted exception, which I encourage you to follow the link and read, is to protect “reasonable use” of the property of a single lot owner, in accordance with long standing common law doctrine protecting property rights.
https://www.flrules.org/gateway/readFile.asp?sid=0&tid=2240038&type=1&file=62-341.475.doc
The following are excerpts from this statute:
62-341.475 General Permit for Minor Activities.
(1) A general permit is herby granted for the construction, alteration, maintenance, operation, abandonment and removal of the following minor systems:
(f) A single family residence, proposed by the applicant, as long as it is not part of a larger plan of common development, including the associated residential improvements such as a driveway, garage and an on-site sewage disposal system, provided:
See numerous conditions at included link and limitations…….“shall not exceed 4000 square feet” (less than 1/10th of an acre not ½ acre.
This law protects property rights of individual citizens and specifically does not apply to“part of a larger plan of common development”. Reasonable use doctrine legally requires EPC to allow the same exceptions.
Or restated sarcastically for Mr. G, can you send me a copy of the law and/or rules which allow “filling in wetlands” by “developers” since “they told you(me) to get on Sticks and see what they’re(Mr. G) talking about and report back to us(the vast conspiracy)”,………..and Mr. G, I’m gonna need this in writing to get the evil devils to believe me……………………com’n enough ranting, bust out the facts man!
Hope this information lends credibility to the fact that EPC Wetlands division is an unnecasry duplication of bureaucracy. I look forward to your responses.
Tobbi
2 years ago
Ah, 4aBetterPlace, rules are only good if they are followed. Are they being followed? If they were then why are developers upset at EPC?
DMS
2 years ago
I’m so glad you printed this story and can only commend Ms. Kerr for standing up to the powers that be anyway she can. Even the federal EPA work in an atmosphere of intimidation according to an article I recently saw. We need people, like Ms. Kerr, who are actually standing up for the whole community and following wetland legislation. I can not believe the development in New Tampa and the rampant destruction of wetlands and pollution of important waterways. I’m glad someone had the courage and conviction to make a stand!! We need a million more like her!! ‘We do not need to redefine wetlands, clean water, or clean air. We need to regulate those who would exploit our natural resources for their own personal gain!
DMS
2 years ago
No more dilution of wetland protection!
It’s a new trend in every facet of government.
Meredith
2 years ago
So the developers lobbied to kill the EPC solely because they’re feeling civic-minded and want to save the taxpayers by reducing redundant bureaucracy? And the developers don’t stand to gain a thing by this action? And Brian Blair’s yard is just a funny story, not anything to get upset about, right?
Ann of NPR
2 years ago
I agree with Jadell Kerr’s assessment of the situation. For too many years we have sat back and allowed SWFWMD to be the last word in many of the water and wetland struggles.
It is obvious to me that SWFWMD is on the take. In our own neighborhood they allowed a natural wetland near the county government complex to be developed (prime real estate). I agree with Jadell Kerr’s assessment of the situation. For too many years we have sat back and allowed SWFWMD to be the last word in many of the water and wetland struggles.
It is obvious to me that SWFWMD is on the take. In our own neighborhood they allowed a natural wetland near the county government complex to be developed (prime real estate).
The developer, D. R. Horton, a large and powerful nation wide building contractor, was allowed to bulldoze and artificially elevate a 12 acre site in the mist of the wetland. On this “new and improved” site they intended to construct 120 units. After having destroyed the wetland, construction is moving ahead slowly, the projected value of the individual units has fallen from an expected quarter million for a one bedroom townhouse due to the downturn in housing values, but the damage is already done.
We can thank SWFWMD for seeing dollar signs instead of the thousands of animals displaced and the aquifer forever effected. We need a local voice that is not afraid to stand up to big business and corrupt organizations.
Another thought…Where have all the investigative reporters gone that should be blowing the whistle on these groups? I hope someone stands up,takes notice and makes some noise before it’s too late for wetlands in your backyard!
The developer, D. R. Horton, a large and powerful nation wide building contractor, was allowed to bulldoze and artifically elevate a 12 acre site in the mist of the wetland. On this “new and improved” site they intended to construct 120 units. After having destroyed the wetland, construction is moving ahead slowly, the projected value of the individual units has fallen from an expected quarter million for a one bedroom townshouse due to the downturn in housing values, but the damage is already done.
We can thank SWFWMD for seeing dollar signs instead of the thousands of animals displaced and the aquifer forever effected. We need a local voice that is not afraid to stand up to big business and corrupt organizations.
Another thought…Where have all the investagative reporters gone that should be blowing the wistle on these groups? I hope someone stands up and takes notice and makes some noise before its too late!
4aBetterPlace
2 years ago
Hey, I didn’t abondon our discussion. I had to pick the kids up from conservation camp.
I return to Hyperbole, inuendo, ranting and changing the subject; I anticipated a more substantive and informed dialouge from a seemingly passionate bunch.
The annecdotes, if true should be reoprted. Ironically if they are true, and not just more “I can use my property but he shouldn’t use his sentiment”, then they are an indictment of EPC as well as SWFWMD.
Guess if I’m your “pinata” then you are wearing the blindfold.
As for Blair’s backyard………….one more reason why Jadell should run! I pledged my contribution!
GKR
2 years ago
This just in, 06/30/07 St. Pete Times,
http://www.sptimes.com/2007/06/30/Northpinellas/Canoeist_rescued_in_g.shtml
“Wetlands dispute arouses protests
A coalition of residents and community groups is asking Gov. Charlie Crist to investigate a preliminary decision by Hillsborough County’s Environmental Protection Commission to eliminate its wetlands division.
The group – nearly 100 residents and civic groups – accuses the EPC governing board, made up of Hillsborough County commissioners, of “misfeasance … malfeasance … and neglect of duty.”
The group accuses the four EPC members who voted to eliminate local wetlands regulators of not following proper procedures to reach the decision, not acting in the best interests of either the agency or residents and of being improperly influenced by development interests. “They need to remember who they work for, ” said Terry Flott, who chairs United Citizens’ Action Network. “We’re going to be reminding them.”
Earlier in the day, Brian Blair, the EPC chairman and the target of some of the signs, agreed to postpone a final decision until at least August on the elimination of local review of development requests that affect wetlands. That will let the EPC’s executive director finish an alternative plan that both trims spending and maintains some local oversight of wetlands.”
Mariella
2 years ago
I’m glad to see so much intelligent discussion and passion on this topic, and I am always interested in different points of view — hearing from all sides is essential to a real understanding of any issue, and besides, spirited debate livens up the conversation!
4aBetterPlace: thanks for providing the links to your backup material. I did read them, but I don’t think they prove your point. I’m not expert in researching the state statutes, so I can’t easily pull out the state and local laws that prove my point. However, I have discussed this issue one-on-one, at length, with both Dr. Garrity (Director of EPC) and Richard Owen (Deputy Executive Director of SWFWMD). Both confirmed what the newspapers and (almost) everyone is saying: that our EPC protects small wetlands which our state does not protect. Furthermore, our local agency is much stricter about preserving wetlands rather than allowing mitigation; they work with developers closely throughout the planning, zoning and permitting stages; and they monitor compliance much more closely than the state agencies.
Thanks to everyone for their contributions to this discussion.
Sticks of Fire: a Tampa blog » Blog Archive » wetlands wednesday
2 years ago
[...] left her position last month after telling it like she sees it right here on Sticks of Fire. See Sticks, Trib & Times on her exit from the [...]
Anonymous
1 year ago
are yall SERIOUSLY this desperate for attention. IF nick schuyler or yourself is a member of the local Irish Republican Army someone better be bringing him up on charges but please don’t think you’ll intimidate us. As well. poisoning peoples’ children and drugging them when one has video evidence of same will end people up in prison for a LONG LONG time. Then what good will ya be to the motherland? give me a break.