published: Thursday, July 31, 2008

NRAC not keen on development

By KEVIN J. SHUTT

kevin.shutt@newssun.com

SEBRING -- Polston Engineering' Lew Carter was a founding member and former chairman of NRAC, the environmental commission that hammered him Wednesday when he sought their approval for a 25.1-acre subdivision known as Footman's Trail.

Representing Janet Trochet, whose family used to own more than 3,000 acres near Miller Road south of Sebring, he needs them to recommend approval of five 5-acre single-family plots that contain Xeric, a protect scrub species.

"There's always a little bit of an environmental slant with that group," Carter said Thursday, discussing what he thought would be non-controversial. "I don't know what their heartache was."

His client is volunteering to use deed restrictions and a Southwest Florida Water Management District environmental resources permit to set aside a conversation easement to protect the Xeric.

Under scrutiny directed by commission member Dr. Hillary Swain, director of Archbold Biological Station, Carter said a future homeowners association would police the conservation strip.

"The same people responsible for oversight are living on this site," Swain said, disdainfully questioning the homeowner policy. "The whole point of a setting it aside is it's a valuable natural resource."

Carter and Swain exchanged punches.

"We do this all the time," he said.

She responded, "No, we don't."

"That piece of property has been out there forever," Carter said. "The current owners do nothing to maintain it."

The issue of burn management arose.

Carter said it hadn't been burned for 20-25 years. If burned "today," Swain said another burn wouldn't be necessary for another 20 years.

Swain and others pushed for a management plan of the conservation tract, but Carter said it was too small to convince any agency to take it.

Commission member Mike Sawyer, a former Division of Forestry officer, said the "micro plots" weren't suitable for an effective burn management plan.

Instead, he lauded Trochet.

"We have a landowner giving us conservation land without the county having to purchase it," Sawyer said. "I don't think we could do better.

On Thursday, Carter thanked Sawyer for his sentiment but wondered why he didn't put a motion to approve on the table.

The commission voted 7-1 to have Carter return with a long-term management plan and identify an agency or company to act as easement holder to manage the conservation easement.

"What Swain and (Curtis) DeYoung tried to point out was that when land is put into easement, somebody has to take responsibility for it," county mitigation specialist Zane Thomas said Thursday.

He said he doesn't believe it's the best use of taxpayer money for the county fulfill that role.

Thomas said a competent and qualified entity, public or private, must take responsibility of the 13-acre easement.

Because of wetlands the Xeric, Trochet had to come through NRAC in receiving the county's blessing to develop her property, explained Thomas.

"She knew leveling the 25 acres wasn't going to happen," he said.

He pointed out other issues at play such as adjacent property owners and that creating a conservation easement might remove some land from the tax role.

Thomas said he'll get with Carter to help find a qualified caretaker for the easement at Footman's Trail.

"Somebody's wanting to do the right thing," he said. "We shouldn't make it so painful for them."

In dissenting, commission member Michelle Tauchen said she would have voted 'yes' to approve.

Like Sawyeer, however, she didn't off the motion to do so.