Hi, kids!
It’s time once again to turn a jaundiced eye toward the newsmakers of the day – the winners and losers – who, in my cynical opinion, either contributed to our quality of life, or detracted from it, in some significant way.
Let’s look at who tried to screw us – and who tried to save us – during the week that was:
Happy Halloween!
You know, I spent my life as a Holly Hill cop – which means haunted houses don’t do much for me…
But in the spirit of the season, here are a few spine-chilling horror stories about our local newsmakers that should scare the hell out of you.
Trick or treat, y’all!
Asshole Volusia County Council
If so much weren’t at stake for so many, the shoving match between Volusia County and the City of Ormond Beach over the proposed Belvedere Terminals bulk fuel facility would be funny as hell.
Unfortunately, this is no joke…
Last week, the Volusia County Council followed the lead of Councilman David Santiago – a veteran politician who knows the ins-and-outs of legislative legerdemain – who suggested amendments to the North U.S. 1 Interlocal Service Boundary Agreement with the City of Ormond Beach ostensibly as a means of skirting the provisions of Senate Bill 250.
According to a report in the Ormond Beach Observer:
“The law Santiago was referring to is Senate Bill 250, signed by the governor in June. It disallows local governments located within 100 miles of anywhere Hurricane Ian or Nicole made landfall from proposing or adopting “more restrictive or burdensome amendments to its comprehensive plan or land development regulations.” The bill also prohibits local governments from proposing or adopting “more restrictive or burdensome procedures concerning review, approval, or issuance of a site plan, development permit or development order” before Oct. 1, 2024.
Volusia County’s legal department believes the county cannot change zoning for the Hull Road property because of this.”
In the view of many, Santiago was merely trying to dump this entire steaming pile of horseshit in the lap of the City of Ormond Beach, allowing Volusia County to dodge further responsibility in this building fight.
That’s dirty pool…and Santiago knows it.
In addition, last week, the Volusia County Council also entertained an asinine suggestion by District 4 Councilman Troy Kent who wants the county to lease the property at 874 Hull Road from the Florida East Coast Railway/Grupo Mexico for and unidentified “different purpose.”
Say what?
My hope is that Mr. Kent’s suggestion isn’t seized upon by an unscrupulous developer (excuse the oxymoron) who purchases similarly situated property – threatens to build the dirtiest, most impactful, and inappropriate use permitted under current zoning – then holds citizens hostage until Volusia County agrees to lease the parcel in perpetuity…
In an Observer article last Friday, Ormond Beach City Attorney Randy Hayes appeared to send a salvo back at Volusia County:
“The city commission has already determined that it will not provide utilities to the land and it will not annex the land,” Hayes said. “Therefore, the land is not suitable for inclusion in the interlocal service boundary agreement because it does not meet a fundamental purpose of the agreement.”
Hayes added that the city “continues to support the county in its efforts to resolve issues related to the fuel farm within the county’s jurisdiction.”
And the bureaucratic squabbling continues…
To their credit, residents engaged in the fight against the terminal immediately saw through the legislative smoke-and-mirrors and are taking their elected representatives at the city and county to task for their flagrant attempts to dodge responsibility.
For their part, Belvedere Terminals has signaled they intend to move forward with the fuel storage facility – now consisting of three main tanks holding 12.6 million gallons – down from the sixteen tanks originally sought in a permitting request to the Florida Department of Environmental Protection.
According to the Observer, Belvedere’s Chief Financial Officer Tim Schwarz recently said, “We followed the rules and are now developing the site and I think people feel like somehow that wasn’t right,” he said. “We never hid anything. We were very transparent with what we did, and so our intention is to continue to — notwithstanding some of the things that we’ve seen, the county resolutions or the city resolutions — we believe we are entitled to build this and we are going to continue to do that.”
Didn’t take long for Belvedere to claim the moral high ground, eh?
Unfortunately, it is increasingly clear that – thanks to the piss poor planning and gross ineptitude of Ormond Beach and Volusia County officials, Belvedere Terminals now holds all the cards – and if/when they decide it is in their financial interest to build a 13-million-gallon fuel terminal adjacent to thousands of homes there will be little anyone can do to stop them.
Now, area residents are learning the hard way what happens when those they elect to represent their interests are caught asleep at the switch…
After having been publicly humiliated our ‘powers that be’ are now playing catch-up, grasping at straws, setting precedents with generational consequences, forced to concoct idiotic and fiscally irresponsible “solutions” on the fly – all while refusing to hold senior staff accountable for their failure to sound the klaxon – or explain what steps are being taken in the cloistered Halls of Power to ensure this threat to public safety, and our quality of life, never happens again.
Asshole Volusia County Councilman Don Dempsey
Rarely have I seen a more blatant example of a sitting elected official using public funds to feather their own nest – but Volusia County Councilman Don Dempsey’s recent push for a taxpayer funded “public motocross facility” takes the cake.
Hell, it takes the whole damn bakery…
It also shows just how skewed the Volusia County Council’s hierarchy of needs truly are.
According to a disturbing piece by Patricio Balona writing in The Daytona Beach News-Journal:
“Volusia councilman Don Dempsey has pitched a proposal to have a public motocross facility built. “It’s been proposed and we put it on the meeting agenda about two or three months ago when each councilman talked about what they think would be their priority if they had a wish list,” Dempsey said. “My priority was a motocross facility, because we have been needing it. We are 30 years past due for one.”
Wait, what about the issues that are keeping Volusia County residents up at night?:
The complete lack of a comprehensive transportation infrastructure plan? No.
Overstressed public utilities? No.
Dwindling water quality in area rivers, lakes, and the springs that feed them? No.
Recurrent fish and manatee kills in the Indian River Lagoon? Screw ‘em.
Massive flooding across the width and breadth of Volusia County? Nope.
A complete lack of beach management and coastal erosion control? Hell no.
Serious health and safety concerns at Volusia County correctional facilities? Uh-uh.
Emergency medical services and public safety concerns? No.
Jobs, affordable housing, and true economic development? No.
The growing “Trust Issue”? Couldn’t care less.
Rising taxes and fees? No.
Density and malignant overdevelopment? What?
Blight and neglect in our core tourist area? Nah.
Mr. Dempsey’s most pressing priority – his Number One concern – the greatest single urgency facing Volusia County residents is our lack of a motocross track…
I don’t make this shit up, folks.
In Sunday’s frontpage News-Journal article, we learned that Mr. Dempsey is seeking public funds to expedite a Taj Mahal motocross training facility somewhere in Volusia County.
“We’re not just talking about a field with some turns and some dirt piles,” an enthusiastic Dempsey said. “We want a facility that has restaurants, you know, like a nice restaurant, a place that you can cook food, sit down in air-conditioning.”
In addition, Councilman Dempsey wants to include a classroom facility to accommodate a commercial “homeschooling” program for parents who prioritize motocross over “brick and mortar” schools for their child’s education.
Look, I get it. When I was a kid, I had dreams of running off and becoming a circus roustabout – unfortunately, my parents ruined that when they demanded I get a primary education first…
What?
You weren’t aware Volusia County taxpayers are getting into the motocross training/restaurant/alternative education business at the point of a spear?
Me neither.
But according to Councilman Dempsey, the demand is so critical he wanted a resolution declaring the need right now…
In my view, the irony in the council chamber was thick as two-stroke oil when Mr. Dempsey lamented during his off-the-agenda sleight-of-hand that – due to sprawling subdivisions and malignant development – there are few places left for off-road motorcycle riding in Volusia County.
Do tell…
Apparently, things are moving right along, too – not on flood mitigation, coastal erosion, transportation infrastructure, or the other emergent issues of our time – instead, a Chicago-based “destination real estate consultancy” has already been engaged to study suitable locations for Dempsey’s motocross track.
Wow.
So, where is the money coming from to fund Mr. Dempsey’s personal pastime?
“Dempsey said that he is aware that it would take taxpayers’ money to build a motocross facility and he thinks the project could be funded with ECHO grants – funds to projects to be used for “environmental, cultural, historical and outdoor recreational purposes.”
I knew it!
Given the Volusia County Council’s propensity for using ECHO funds as their private piggybank, Dempsey’s suggestion is not surprising.
In my view, the ECHO program lost all legitimacy earlier this year when Volusia County openly looted the tax-supported fund using a cheap grift called a “Direct County Expenditure.”
As you may recall, in March, by unanimous vote, council members approved a bundled “5-year plan” which placed divisional capital improvement expenditures – specifically the repair and replacement of existing infrastructure – on the back of the Volusia ECHO program.
Rather than come before the committee with their hat in hand and a novel idea articulated in a properly formatted grant application – along with a sack full of matching funds, like other ECHO applicants are required to provide – the elected officials simply took what they wanted from our cookie jar.
With the wave of a bureaucratic wand, the Volusia County Council approved a list of forty-three projects at thirty-two sites to be funded using $15.4 million in ECHO funds – with twenty-four of those projects identified as “improvement of current assets.”
Now, Mr. Dempsey wants to take another bite at the apple to fund his personal folly?
My ass.
According to the report, “Dempsey said he doesn’t believe the motocross facility would cost more than the $2.5 million that county officials pumped into a pickleball facility built in Holly Hill recently.
“I mean I put it this way, it’s not going to cost more than they put into pickleball,” Dempsey said. “And I can assure you it will probably be less than that or in that same neighborhood.”
Bullshit.
What Mr. Dempsey has conveniently forgotten is that the ECHO funds that were allocated for Pictona at Holly Hill in 2022 – a facility that is now considered the “mecca” of America’s fastest-growing sport for people of all ages – was the result of an extensive vetting process and built around the incredibly successful public/private partnership between the City of Holly Hill and Rainer and Julie Martens – who invested millions in private funds constructing the regions premiere pickleball and fitness center, a facility which now serves thousands of Volusia County residents and visitors from around the globe.
If Councilman Dempsey wants to indulge his passion for motocross, then let him open his sizeable wallet (he was recently named the wealthiest member of the Volusia County Council with a net worth of $4.5 million) and fund the creation of his “top-notch” facility with his own money…
He can Braaap-Braaap all he wants, and I hope he turns a hefty profit.
In my view, if the demand for a state-of-the-art motocross/restaurant/homeschool (?) facility is there – then the private sector should be champing at the bit to fill the void – and leave the overburdened taxpayers of Volusia County the hell out of it.
Regardless, welcome back to the bad old days of public policy by ambush in Volusia County – voting on off-the-agenda surprises without any citizen input, background information, funding source, expenditure estimates, or recurring cost considerations.
Angel Captain Les Abend and Attorney Dennis Bayer
I suspect most people outside of aviation have never heard of Les Abend.
For the uninitiated, Capt. Abend is an acclaimed author, a licensed pilot of nearly half a century, a Boeing 777 captain with 31-years’ experience at a major airline, and a certificated flight instructor who writes for various aviation journals and serves as a contributor to national media outlets, including CNN, NBC, MSNBC, and FOX.
He is also a personal hero of mine.
Not because of his impressive aviation accomplishments – but for his willingness to expose the vindictive and heavy-handed practices of Flagler County government – and for having the courage to hold an officious bureaucrat accountable for misusing his powerful public position to take revenge on his critics.
How we got here is a convoluted story that begins when Mr. Abend rented a hanger at Flagler Executive Airport to house his light aircraft, and his subsequent service on the former Airport Advisory Board.
It ended with his abrupt (and arrogantly unexplained) eviction from the hangar after he got crosswise with Flagler County’s thin-skinned airport dictator Roy Sieger.
As it was explained in an excellent article by FlaglerLive!, “It started as an eviction case. It ended as a First Amendment case. The First Amendment won. Flagler County government lost.”
“After deliberating 90 minutes Tuesday, a jury of four men and two women found that Flagler County had improperly sought to evict a tenant from a hangar at the county airport, and was doing so only in retaliation for the tenant’s criticism of Roy Sieger, the airport director, violating the tenant’s First Amendment rights.
It was a remarkable case on several levels: It invalidated the county’s eviction. It tied back into a controversy over the airport advisory board that the county arbitrarily disbanded in 2020, when the advisory board was raising issues of noise and overspending at the airport. It validated by jury verdict allegations of imperiousness on the part of the airport director. And it did so in a County Court trial, when First Amendment cases are usually handled in federal or circuit court.
The county filed its eviction suit at the end of January, thinking that’s all it would be. But that turned out to be a culmination of long-simmering animus between Sieger and Les Abend, the tenant.
“Revenge is a dish best served cold,” Dennis Bayer, Abend’s attorney, told the jury, arguing that Sieger was essentially taking his revenge on Abend with the eviction, more than two years after their previous clashes. The jury agreed.”
See the rest of this disturbing story here: https://tinyurl.com/7p33cjmn
The events precipitating the dispute between Abend and Sieger are nothing new – bureaucrats and elected officials ignoring the advice of those who serve on their advisory boards – or disbanding these committees out-of-hand when members break with the expected lockstep conformity and speak truth to power.
Happens all the time.
In my view, what makes this case unique is that Flagler County government allowed a senior director to weaponize his powerful position and get even with an airport tenant and taxpayer over what was essentially a citizen’s First Amendment right to voice personal criticism.
I find it chilling that Flagler County administrator Heidi Petito allowed Director Sieger the latitude to retaliate against a private citizen. That leads to disturbing questions about others who may have been victimized by overbearing senior department heads with a grudge – highly paid public officials who apparently operate with little, if any, direct oversight – and have no qualms using the full might of government to exact revenge on anyone who challenges their omnipotent authority.
In my view, thuggery is how an organized crime family conducts business – not a properly functioning government of the people, by the people, and for the people…
Now that a jury has determined that Roy Sieger acted impetuously when he willfully terminated Mr. Abend’s lease in retaliation for exercising his right to free speech under the First Amendment to the United States Constitution, the Flagler County Commission has a duty to ensure their constituents are free to exercise their inalienable rights without fear of retribution from their county government.
That should begin with the termination of Roy Sieger – and a top to bottom management audit of Ms. Petito’s administration – to safeguard the citizens of Flagler County from the misuse of government by heavy-handed powermongers with a public paycheck and a God complex.
Asshole Volusia Legislative Delegation
On Tuesday, the sickening annual ritual of Volusia County’s state lawmakers ensconcing themselves like potentates on an elevated dais before their assembled subjects so obsequious local politicians – and those social service agencies who rely on the chickenfeed they sprinkle for their survival – can publicly kiss their sizeable asses was staged at DeLand City Hall.
Nauseating.
With our Tallahassee lawmakers doing everything in their power to neuter local government, eviscerate Home Rule, allow developers to ignore local zoning laws, and undercut anything resembling growth management or a community’s ability to control its destiny – these stuffed-shirt marionettes preened and peacocked before the assembled masses – who are expected to grovel and mewl, “Thank you, sir. May I have some more?”
Bullshit.
But what really stuck in my craw was the fact Volusia’s legislative delegation sat smugly beside Sen. “Terrible Tommy” Wright – who was recently caught on video aggressively putting his hand on a female employee of The Beacon Center before launching a savage verbal barrage that left his victim reeling – during a heated confrontation in the presence of domestic violence survivors and their children.
Remember? I do.
Perhaps most shocking, as the New York Post reported in an embarrassing nationwide article on September 21:
“Florida’s state Sen. Tom Wright was banned from a women’s shelter for inappropriate and lewd behavior six years before he was accused of aggressively lunging at its CEO, according to a report.
The then-philanthropist allegedly flirted with and preyed on a young mother who was fleeing 2017 storm Hurricane Irma with her infant from the Beacon Center, Volusia County’s only shelter for survivors of domestic violence.
While on a short bus that he paid for, Wright told Shelby Dunlap about prostitutes in Cuba and topless women on a boat before offering to fly her out to Las Vegas, she recalled to the Daytona Beach News-Journal.”
My God…
So, what have the members of Volusia’s haughty legislative delegation done to preserve the dignity of their office and curb Terrible Tommy’s proclivity for creepy come-ons to vulnerable domestic violence victims half his age – or verbally brutalizing the interim CEO of a struggling Daytona Beach domestic violence shelter when she attempted to uphold state law and protect the identities of survivors and their children?
Not a damn thing.
Instead, these base cowards sat in silence – following the lead of Senate President Kathleen Passidomo – who has, to date, refused to take definitive action on Wright’s clear violation of the Rules of the Senate (and common human decency), allowing him free reign to use his powerful position to victimize other women.
How dare these self-aggrandizing assholes sit smugly on their thrones while D-list local politicians shower them with unearned accolades for returning a small percentage of our money, then acting like they are doing us a favor – as those we rely on to provide much-needed social services are forced to bow and scrape for crumbs?
In my view, by its spineless inaction, the Volusia legislative delegation has lost the moral authority to govern – and it is high time area voters send a message to Tallahassee that the rules apply to everyone, or no one – and we will no longer tolerate the notion that this utter disservice to their constituents is worthy of anything but our disdain and disgust.
Quote of the Week
“Where do developer property rights end and Tomoka Oaks adjacent property rights begin? What adverse impacts will result from building 272 homes on the former golf course? How are 60-foot and 80-foot lot widths compatible with Tomoka’s surrounding 100-foot lot widths?
Will 2,774 additional vehicle trips a day compromise traffic safety? On streets not designed for such traffic volume? How will the extra traffic impact intersections at Nova Road and at State Road 40? Will hurricane evacuations be impeded?
How will fire trucks navigate a single-entrance subdivision with narrow streets? Has FDOT confirmed a date certain for installing a traffic signal at the Nova Road-Tomoka Oaks intersection?
What happened to the original written covenants that protected the Tomoka Oaks golf course? Why did the city zone the golf course “residential” instead of “open space recreation”? Do implied, unwritten protective golf course covenants, upheld by federal courts, apply to Tomoka Oaks?
Does the project ignore a city land use goal to preserve natural open space in urban areas? How many trees will be cut for this development? What will become of countless wildlife species?
Why compromise a water retention area deemed vital by the St. John’s Water Management District? Will extra stormwater runoff from impervious roofs and paved surfaces be captured? Can the planned retention protect the Tomoka River, a Florida Outstanding Waterway? Will digging up the golf course turf release chemicals, airborne toxins and toxic runoff?
What quality of life hardships will be imposed during five years of construction buildout? Is this fair to Tomoka Oaks residents who have paid premium property taxes for over 60 years? Will squeezing a subdivision inside a subdivision depreciate Tomoka Oaks property values?
Why did the Planning Board unanimously recommend denial of this proposed rezoning? Is this proposal an example of “the ever-present threat of overdevelopment” Ormond Beach historian Alice Strickland warned about in her 1980 book, Ormond-on-the-Halifax?
If fire codes and public safety limit the number of people who can occupy a building, then why can’t we place legal limits on new development that seeks to occupy an established community, overwhelming roads, schools, hospitals, and greenspace?
Will these questioned (sic) be answered when Ormond Beach residents attend the Nov. 7, 6 p.m. City Commission meeting at Calvary Christian Center, State Road 40, west of I-95?”
–Jeff Boyle, Ormond Beach, Letters to the Editor, Ormond Beach Observer, “Tomoka Oaks questions,” Monday, October 23, 2023
Former Ormond Beach City Commissioner Jeff Boyle is a smart guy.
For the record, he was my civics teacher as I struggled through Seabreeze High School in the late 1970’s.
I thought his editorial use of maieutical questioning – a process said to be developed by Socrates to bring a person’s latent thoughts and ideas into clear consciousness – as it relates to the fiasco at Tomoka Oaks was a clever idea.
A teacher who uses maieutic methods is often described as an “intellectual midwife,” one who assists students in giving birth to ideas and conceptions that previously lay dormant in their own minds.
Of course, the process presumes that the student has the mental capacity for developing – and ultimately delivering – original answers to evocative questions…
In my view, it appears the Ormond Beach Planning Board understands the ramifications of shoehorning 272 new homes on the former Tomoka Oaks golf course.
Whether the City Commission has that same level of intelligence remains to be seen…
While residents of Ormond Beach have come to the disturbing realization that the city’s current growth management strategy of shoving ten-pounds of shit in a five-pound bag has been a horribly failed experiment – one paid for with the diminished ‘livability’ of this once quaint community – time will tell if our ‘powers that be’ have the intellectual capacity (and political courage) to protect the rights of existing property owners, stand firm for our dwindling greenspace, and demand quality in all future projects that have an adverse impact on our quality of life.
And Another Thing!
“As Florida’s rapid growth continues, the non-profit Florida TaxWatch on Wednesday called for using a multi-year plan for water-related projects, similar to how the state has long prioritized transportation projects.
TaxWatch President and CEO Dominic Calabro said following the model of the Department of Transportation’s rolling 5-year work program could eliminate the state’s current method of funding water projects, which his group called “inconsistent and disjointed.”
“The current system to fund water projects, both through grant programs and through member (lawmaker) projects, does not have the kind of consistency to allow for a comprehensive, coordinated statewide strategy,” Calabro said during a news conference at the Capitol. “And Floridians do not currently have the assurance that the best projects to achieve that strategy are selected.”
–Jim Turner, News Service of Florida, “State plan sought for water projects,” Thursday, October 19, 2023
A “…comprehensive, coordinated statewide strategy”?
Yeah, right.
The only “statewide strategy” for the availability of potable water I am aware of calls for Floridian’s to be drinking our own recycled sewage within the next decade…
Look, anyone who has sat in traffic on (insert major Volusia County thoroughfare here) and contemplated the sticks-and-glue sprawl going vertical on every square inch of vacant space around them understands how little those who accept public funds to serve in the public interest care about visioning, strategy, or comprehensive planning.
I hate to be the proverbial turd in the punchbowl (or tap water, as it were) but before we hold out the Florida Department of Transportation’s politically tainted process for prioritizing infrastructure projects as the Gold Standard, let me remind everyone of the $92 million that the State of Florida recently found under the couch cushions and directed to the controversial I-95/Pioneer Trail interchange near the environmentally sensitive Spruce Creek and Doris Leeper Preserve.
Many believe the interchange was a very expensive gift to our High Panjandrum of Political Power Mori Hosseini for his generous support of various powerful politicians, as the off ramp almost exclusively serves his Woodhaven development – while desperately needed improvements to the I-95/LPGA interchange (and that Monument to Mediocrity that is the two-lane Tomoka River bridge) slug along interminably as construction costs, now estimated at $218 million, remain unfunded.
As the bulldozers continue to roar…
Nah. I wouldn’t look for the Florida legislature – or our local elected dullards – to set a “comprehensive strategy” for anything, at least until their friends in the real estate development community have slashed, burned, and squeezed the last dollar out of what remains of this salty piece of land we call home.
Scary stuff…
That’s all for me. Happy Halloween, y’all!