published: Wednesday, April 04, 2012
County withdraws Swamp Hammock permit
By ED BALDRIDGE
ed.baldridge@newssun.com
SEBRING - As tensions rose high during the Tuesday county commission meeting, county staff withdrew their recommendations of a temporary permit for organizers of the eXtreme Fitness Challenge at Swamp Hammock.
County staff based their decision on a response from Swamp Hammock land manager Jeff Kennedy, who answered "yes" if his organization would continue with its event without county permission.
Kennedy said he was frustrated with the county's process and that his group planned to have the event with or without a county permit, but would try to comply with the list of hurdles needed to be completed before any permit was issued.
Adjacent landowners protested the proposed use of the land and were concerned with the amount of traffic and noise that could be created if a permit was granted.
"It's a rough estimate, but I could lose $8,000 to $12,000 in beef production if this happens," said adjacent landowner Donald Skipper. "There is no way I can prove it, but you can look it up on the Internet."
Commissioner Barbara Stewart asked staff if they were willing to withdraw their recommendation of a temporary permit because of Kennedy's statement.
"You were coming to us for consideration and now you are withdrawing, is that correct?" Stewart asked Zoning supervisor Linda Conrad. "You are stating that you are withdrawing your consideration for a temporary use permit. You and Mr. (Mark) Hill and Mr. (Ricky) Helms are withdrawing your request to take action on this at this time?" Stewart asked.
Conrad answered that she was withdrawing her recommendations and would not approve a temporary permit.
"I would suggest, unless directed with this commission, that I would not even continue to entertain a temporary use permit," Conrad said.
Hill, the director of Development Services, told the commission that he had some "real concerns" about following through with the permit if the group had no intentions of following county code.
"This morning the applicant stated that they intend to proceed with or without permission. That raises concerns with the staff," Hill said.
Commissioner Greg Harris asked why county staff would approve an event and then withdraw their recommendation a few weeks later after money was invested.
"Let me interject. You and I sat in the meeting with Linda (Conrad) and told them that they could proceed with this. Two weeks later, there is a problem with code," Harris said.
"At the time they were given the permission to proceed with this, that was at the end of a meeting. In the future, we will be much more conscious that we have all the facts before we make a decision on these issues," Hill said.
"I am still very concerned for anyone here that will sit here and say 'yes I will violate the code,'" Hill said.
"In my 35 years of doing this, I have never seen anyone sit before an elected body and tell them they would violate the county code. I have concerns to what effort they will exert to try to comply," Hill said.
Chairman Jack Richie interpreted Kennedy's 'yes' to Stewart's question about continuing without a permit into a threat.
"To have a person come before this commission and say, no matter what you say I am going to do what I want to do ... I commend you for withdrawing your endorsement of this situation," Richie said.
Richie asked how much a fine would be per county code and was told by staff that the fine was traditionally $50 per incident with a maximum of $250.
"How can we charge a $5,000-per-incident fine if the event happened without a permit?" Richie asked.
"Any threats you make is not well received by this chair. I will not be threatened to stop or endorse something. I really object to the things that have gone on out on the streets," Richie said.
Richie was told by county staff that commissioners would have to change county ordinance to get the fines up to the levels that Richie requested.
"I would like to see a motion to withdraw this permit and have it brought back in the future after due diligence," Richie said.
"Mr. Chairman, I don't think you are going to get that motion. I don't want to hear it back here next week," Stewart said.