Scott/Neal Political Alliance Could Reverse Order on Robinson Farms

On Tuesday, Governor Scott and the cabinet will consider a Recommended Order issued by the Division of Administrative Hearings in the matter of Katie Pierola and Greg Geraldson v. Manatee County and Robinson Farms, Inc., denying increased density near Robinson Preserve.

Administrative Law Judges are impartial hearing officers listening to all the facts, then developing findings of fact and conclusions of law. Administrative Law Judge Bram D.E. Canter did just that in a challenge when Manatee County approved increasing density in a Coastal Evacuation area and a Coastal High Hazard Area requested by Bill Robinson and John Neal.

It was not the first time the request was made. ALJ’s came to the same conclusion in the 1990s, and again in 2011. The latest recommended order was issued in 2013. Some may remember that in 2011, the county initially denied the request to increase the density. Later in the day, Betsy Benac, John Neal and Ed Vogler had a private meeting with Gwen Brown in the hallway of the commission chambers. Minutes later, Brown flipped her vote and the increase in density was approved 4-3.

After that vote In 2011, Greg Geraldson, who owns Geraldson Farms next door, and former mayor of Bradenton Beach, Katie Pierola, who is an adjacent resident, challenged the county’s decision. Millionaire developers and tax supported lawyers from the county placed their evidence in front of the judge, and the challengers – a farmer and a little old lady – presented theirs. The judge ruled against the county and the developers.

Sounds like a victory, but not so fast. The final order has to be approved by Scott and the cabinet. Neal’s attorney, Ed Vogler, filed a suit against the county, and is now using this as an excuse for the governor to make a motion to delay action against his staff recommendation.

Fast forward to 2013: Betsy Benac, who helped flip Brown’s vote and has worked for Neal and Robinson, is now a county commissioner. A new proposal (similar to the two previous requests to increase density) is approved by Manatee County. Tom Reese, the attorney for Geraldson, files another challenge. The county, along with Robinson and Neal, present evidence. Judge Canter decides for the third time, consistent with the 2 other administrative law judges, that increasing density is not consistent with the county’s comprehensive plan and issues a recommended order denying the county’s desire to increase density on Robinson Farms.

Now, Governor Scott and the cabinet, all close political allies of Neal, have to approve the Recommended Order. Typically, the findings of fact cannot be changed. However, in this case, the county, joined by the developers’ attorney, Ed Vogler, claim the findings of fact are not accurate and want to establish their own facts. Typically, exceptions to the findings of fact are prepared by both sides. However, the job of the Administrative Law Judge is to prepare findings of fact that the conclusions of law are based on. To allow the developers to introduce their own facts, then base conclusions on those facts is like the fox guarding the henhouse.

On July 8, 2014, Judge Canter issued a Recommended Order recommending the Commission enter a final order determining that the 2013 Plan Amendments adopted by Manatee County through Ordinance No. 13-10 are not in compliance as defined by section 163.3184(1)(b), Florida Statutes.

Governor Scott and the cabinet should do what is right for the public and deny their developer friend his increase in density, by simply approving a final order consistent with the one recommended by Judge Canter. It will be a sad day for all of us who challenge the government, present facts, and every once in a while actually overcome the odds and win, if political favor can render such victories meaningless in the end. Doing so will only serve to discourage citizen participation. Then again, maybe that’s the whole point.

Joe McClash was a Manatee County Commissioner from 1990-2012. He is the publisher of The Bradenton Times.