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:

Angel               Ormond Beach Planning Board

Earlier this month, an attorney representing developers of the controversial Tomoka Reserve project – a proposed residential development that would shoehorn hundreds of homes onto the former Tomoka Oaks golf course creating a “subdivision within a subdivision” resulting in thousands of additional vehicle trips on area roads, overcrowding, and a diminished quality of life for existing residents – asked Ormond Beach officials to ignore the suitability of the project and stick to the cold hard facts.

“The quasi-decision of both the Planning Board and the City Commission to either approve or deny the pending application must be based on legally competent evidence, which is limited solely to those facts that are actually relevant to the pending application. Mere opinions as to ‘appropriateness’ of any new proposal are just that, and they are completely irrelevant to the city’s lawful consideration of this (rezone) application.”

When land use attorneys seek the most beneficial (read: lucrative) use of a parcel for their clients, depending upon the desired outcome, they rely on the flexibility that permits zoning changes under certain conditions – or demand lock-step conformity to the “law” as crafted by those handmaidens of the real estate development industry in Tallahassee – edicts that are slowly eroding the ability of communities to regulate where and how they grow.     

There is a reason why we have residents – sentient beings with a personal stake in the future of our community – as an integral part of the planning and growth management process.  Rather than merely entering the pat details of ordinances and zoning regulations into a rigid template, we allow certain exceptions, changes, and amendments that consider a variety of factors that are advantageous for both developers and those who will be impacted by their product for generations to come.

Normally, “growth at all costs” is a foregone conclusion…

But sometimes, those we elect and appoint to make those complex decisions get it right.

Last week, the Ormond Beach Planning Board voted unanimously to recommend denial of a request by the developers of Tomoka Reserve, d/b/a Triumph Oaks of Ormond Beach, to rezone the former golf course to R-2 “single family low density” after the parcel’s previous Planned Residential Development designation expired. 

Under the R-2 zoning – which has been wielded like a cudgel by the developers and referred to as the “Nuclear Option” by concerned residents – Triumph Oaks would be permitted to cram some 300 homes in the Tomoka Oaks “doughnut hole” with substantially reduced buffers.  In addition, under the R-2 designation, the developers would no longer pursue a stop light at the busy intersection of Tomoka Oaks Boulevard and Nova Road or an improved diamond intersection at St. Andrews Drive…  

Throughout this process, the residents of Tomoka Oaks and surrounding neighborhoods have sought reasonable concessions that would reduce density, increase environmental buffers, and alleviate traffic concerns – or see the golf course returned to its intended use or converted to greenspace.

Those negotiations have long since ground to a stalemate, with Triumph Oaks now exercising the scorched earth option of pursuing the R-2 zoning, then stuffing the former golf course full of cracker boxes… 

To that end, the developers have hired Ponte Vedra Beach attorney Karl Sanders, who, on the eve of the Planning Board meeting, sent a letter to Ormond Beach attorney Randy Hayes which some planning board members considered an act of “intimidation.”    

After explaining his client’s legal posture in detail, Mr. Sanders warned:

“Accordingly, please be advised that Triumph Oaks is fully prepared to take any and all legal action deemed necessary to preserve its constitutional and statutory right to develop its property, per the express directives and authority of clearly established law. That being said, I am confident that you will continue to provide your client with the appropriate legal counsel as to these matters (including the financial consequences for failing to follow the clearly established law), and I trust that the City will timely render a final order on our pending action no later than the scheduled meeting of the City Commission on February 20, 2024.”

Find Mr. Sanders’ correspondence here: http://tinyurl.com/37pwxmch

I’ve said this before, but in my view, when one considers the adverse impacts to not only Tomoka Oaks residents but those in surrounding neighborhoods – including anyone who traverses already congested Nova Road – this is a case where that which may be legally permissible does not coincide with what is ethically responsible or appropriate. 

Where do the rights of long-established Tomoka Oaks homeowners and taxpayers end, and those of Triumph Oaks begin – especially when they knew what they were up against when they purchased the property? 

In a report by the Ormond Beach Observer, Planning Board member Mike Scudiero “…said that when he buys something, he likes to know what he’s buying.

“It sure seems to me like the applicant bought a piece of property with no entitlements, as was said here tonight,” Scudiero said. “It’s like buying a car without an engine — seems like a bad idea to me.”

In addition, Board Chair Doug Thomas observed, “…when the developers bought the property in 2021, it was zoned PRD (Planned Residential Development). In his opinion, it should remain zoned as such.

“Three times we have told them what we want, and three times they have just walked away and said, ‘The heck with that, we’re not doing that,'” Thomas said. “So here we are, and it’s going to be … a unanimous decision.”

Now, the matter will be taken up (or not) by the Ormond Beach City Commission at a public meeting next month.

Stay tuned.  This one bears watching…

Angel               Palm Coast City Councilwoman Theresa Pontieri

If you think your government – at any level – has your best interests at heart.  Think again.

In the City of Palm Coast, over 163 homeowners have now reported flooding concerns after construction on “in-fill lots” placed new homes at an elevation higher than neighboring properties. 

The physical force of gravity being what it is, you don’t have to be a hydrologic engineer to cypher where the stormwater on those raised lots ends up…

In turn, concerned residents have sought help from their elected officials on the Palm Coast City Council to save their homes from the destructive effects of runoff and flooding.   

Earlier this month, in a bold move to protect the growing number of inundated residents, Councilwoman Theresa Pontieri suggested a short moratorium pausing construction on vacant in-fill lots until the city’s technical manual is updated and building regulations are enacted.

Naturally, the mere mention of a building freeze went through Mayor David Alfin – a realtor and shameless shill for the development industry – his “colleagues,” and the Flagler Homebuilders Association, like an ice water enema…

In short order, Councilwoman Pontieri felt the wrath of the powerful real estate development lobby who mounted an aggressive email campaign spreading hysteria about potential layoffs, millions in lost wages, and thousands of jobs being eliminated – accusing council members of helping residents in one area, while putting others out of work.

Bullshit. 

In an area literally awash in new home development – with thousands of acres currently being clearcut to make way for more, more, more subdivisions?

I don’t think so.

But, as expected, on Tuesday, following a protracted discussion the Palm Coast City Council rejected Councilwoman Pontieri’s suggestion for a pause on in-fill construction, and instead enacted a do-nothing “citizen’s advisory board” – an apparent political insulation committee designed to buy time until building regulations they hope will address the flooding issue can be cobbled together and approved. 

According to an excellent article in FlaglerLive!, Pontieri said:

“I did not want to declare war on the builder and development community. That is not my goal,” Pontieri said. “But I am not a lobbyist for the building community. I’m an elected official. And it’s not my job to well, yes, we have to protect our industries here. We have to protect our businesses here. I get all of that and I appreciate that. But I have to protect my residents, too.” She called for strengthening the city’s Land Development Code and the technical manual regulating construction.

“How is it that we can possibly say we’re protecting our residents by saying nope, moratorium off the table and we can just move forward,” she said, citing nine Florida cities that did moratoriums or temporary pauses “because of this very reason.” As Council member Nick Klufas verified, those moratoriums were not related to Palm Coast’s specific issue: none had issues similar to Palm Coast’s. Pontieri didn’t dispute the fact. But she said the Palm Coast approach is far more narrowly tailored, the point being that moratoriums are not in and of themselves heretical. She urged “a 90-day pause while we finish looking at these last final issues.”

That didn’t happen…

Now, staff will fritter over how to best formulate the “citizens advisory council” – who will ultimately bandy the issue about, ad nauseum, all while the furious pace of construction continues unabated, creating more flooding issues for current and future residents. 

In my view, the inaction of the Palm Coast City Council in dismissing Ms. Pontieri’s call for a moratorium is eerily like an old Three Stooges episode in which the boys took a rented boat to the middle of a lake. 

When they reached open water Moe noticed that the vessel was leaking.  Bad. 

Thinking fast, Curly Joe took out an auger drill – something he called a “water letter outer” – and began boring holes in the bottom of the boat to allow the water to run out. 

As the water continued to flood the boat, the more holes they drilled, and the usual hysterics ensued.  I loved those guys – probably why I like watching local government in action…

The moral of the story remains – when your ship is sinking – stop drilling holes.

Unfortunately, in Palm Coast and elsewhere, reason goes out the window when arrogant politicians – beholden to special interests – put the needs of greed-crazed developers over those of their constituents…   

Angel               Jeff “Yogi” Martin

My friend and longtime Barker’s View reader Jeff “Yogi” Martin passed away Monday evening at Advent Health.

He was 61 years old.   

Over our 40-year friendship, I knew Yogi as a shade tree mechanic who could repair anything on four-wheels, a gifted custom knifemaker, an accomplished amateur stockcar racer, trader in Native American crafts, and a master in the art of barter – always wearing his trademark slouch hat with intricate beadwork and adornments.   

One of my most cherished possessions is a classic Bowie knife Yogi handcrafted from a rasp and fitted with a beautiful staghorn handle. 

Exceptional work, and like the maker, one of a kind.     

A longtime resident of Holly Hill, Yogi possessed an incredibly bright mind and cared deeply about the civic life of his community; remaining active and involved in city happenings and attending public meetings to keep abreast of the issues when his health and mobility allowed. 

But most knew Yogi for his amazing musical talent.    

As a gifted guitar player, vocalist, and devoted follower of Karaoke, Yogi made many friends and admirers through his gift of song.  A big man with an even bigger heart – who’s physically imposing figure belied a truly kind and gentle soul. 

I will miss our frequent correspondence on matters of mutual importance – his suggestions, criticisms, and fervent hopes for the future of this beautiful place we call home.

Godspeed dear friend.      

Angel               Deltona’s Brandy Lee White

The late great author and political humorist P. J. O’Rourke said, “Satire is humor used for a moral purpose.”

In my view, there are few things more patently immoral or worthy of public ridicule than the on-going affront that is the Lost City of Deltona’s governing body. 

On Tuesday evening, civic activist Brandy Lee White shined a very bright light on that tragicomic dysfunction when she wore a brightly colored clown suit – a costume she aptly described as a mirrorlike “reflection” of the commission itself – and an appropriate visual reminder of the utter frustration Deltona residents feel with this interminable Circus of Chaos. 

Unfortunately, Ms. White’s attempt to offer a practical reminder to Deltona’s elected officials of how their clown alley antics are perceived by residents was muted when the audio/visual operator for Deltona TV refused to broadcast her image from the front – keeping the camera focused on her back – with the clear intent of dulling her important message. 

In my view, this abject censorship – the intentional suppression of free speech, peaceful dissent, and public communication – represents a direct violation of the protections afforded by the Constitution of the United States, something that was not lost of Ms. White, or angry Deltona residents in attendance who demanded the situation be addressed.   

In fact, after public outcry, Vice Mayor “JodyLee” Storozuk and Interim City Manager Glenn Whitcomb both offered to give Ms. White a second chance at the podium.

To her credit – even in her auguste getup – Brandy White maintained more dignity than anyone on the dais of power, kept her seat, and refused to be patronized by that farcical troupe of buffoons sitting before her…  

In my view, this is another example of the alienation engaged citizens feel when local elective bodies normalize the practice of limiting when, where, why, and how taxpayers can ask questions, voice an opinion, or weigh-in on public policy by employing procedural constraints to limit the ‘citizen input’ that forms the very cornerstone of a representative democracy.   

Kudos to Brandy Lee White – and those other resolute civic activists in the Lost City of Deltona – who strive valiantly to shine a spotlight on the three-ring circus that is their municipal government. 

Quote of the Week

“NLC’s (National League of Cities) federal advocacy committees play an important role in helping policymakers in Washington understand the issues and challenges facing America’s cities, towns and villages at the local level,” Sander said in the press release “I’m thrilled to have Commissioner Persis serve on NLC’s Energy, Environment and Natural Resources Committee this year and look forward to working with her to strengthen the federal-local partnership and grow our common knowledge of the issues and opportunities facing our communities.”

–NLC President Mayor David Sander, of Rancho Cordova, California, as quoted by the Ormond Beach Observer, “Ormond Beach City Commissioner Susan Persis appointed to National League of Cities environmental committee,” Saturday, January 13, 2024

Really?

When I opened the Ormond Beach Observer last weekend and saw the smiling visage of Ormond Beach City Commissioner and Shameless Self-Promoter Susan Persis, a lot of monikers came to mind – “ambitious political parvenu,” “well-connected insider,” “ineffective three term hack” – but not the term “environmentalist” … 

In fact, when I consider those intrepid souls in Volusia County who have devoted themselves to protecting and preserving our natural places from the voracious churn of malignant overdevelopment – generously giving their time, money, and talents, speaking to anyone who will listen, and spending themselves in a cause greater than their own self-interests – the last person who comes to mind is Commissioner Susan Persis. 

Now the National League of Cities has appointed her to a federal environmental advocacy committee? 

WTF?

Look, I can’t fault Commissioner Persis – she’s just following her base instinct – trying desperately to gain the appearance of competence without any background in the environmental sciences – or apparent concern about the impact of malignant development on soils, plants, wildlife habitat, or Florida’s threatened aquifer – beyond a toothless, self-aggrandizing, and long forgotten “educational” plastic straw ban in 2019…   

Remember?  I do.  

In my experience, egocentric politicians have a pathological need to become everything to everyone – frequently painting themselves as something they are demonstrably not – using political insulation committees and civic fraternities like the National League of Cities to wrap their carefully crafted image in a thin veneer of legitimacy.    

Yet, no matter how hard our ‘elected elite’ try to camouflage the fact they are merely useful cogs in a large wheel – wholly controlled by wealthy insiders with a profit motive – the stench of lies always seeps through their cheap façade. 

Sound familiar?

In my view, Commissioner Persis knows nothing about Energy, Environment and Natural Resources – as evidenced by the continuing transmogrification of her own once quaint and livable jewel that is becoming just another mediocre patch in an increasingly overstuffed mosaic – a place where frightened residents are caught in the pinchers of surrounding sprawl and inappropriate infill, while natural buffers, old growth forests, and urban wildlife habitat are churned into a foul black muck and paved over in the name of “progress.”

What exactly will Commissioner Persis contribute to the committee’s discussion?  How to politically survive the wholesale destruction of 2,061 specimen hardwoods that were clear-cut and ground into splinters to accommodate another convenience store, strip center, and drive-thru car wash by accepting campaign donations from the same developer?

And what happens when citizens realize the emperor has no clothes?  That our legislators are being advised by clueless poseurs with no knowledge or expertise – and our federal policymaking apparatus has become a ruse to imbue a veil of validity on petty elected officials climbing the political ladder? 

I’m asking.  Because appointing someone like Commissioner Persis to a national environmental policymaking committee is ludicrous. 

Worse than that – it is a damnable farce.

One that further erodes the public trust and denigrates the arduous work of true environmentalists who are striving desperately to preserve our quality of life from the voracious appetite of greed-crazed developers and those craven politicians who benefit from their campaign largesse. 

Disgusting.  

And Another Thing!

“Democracies die behind closed doors.”

— Judge Damon J. Keith

Over the years, Volusia County residents have seen millions of our tax dollars gifted to influential insiders and industries couched as “economic development incentives,” discovered that publicly funded studies were intentionally hidden from public view, watched our heritage of beach driving and access limited to appease the overweening greed of speculative developers, listened to patent falsehoods about the pressing need for new government facilities while other public assets were allowed to rot into the ground.

In many cases, these controversial actions first came to our attention in an off-the-agenda surprise – a strategy I like to call public policy by ambush – where the results of backroom deals are suddenly foisted on unsuspecting citizens without proper notice, then sealed with a vote.   

For instance, in November 2023, we learned that Volusia County was pursuing a $4.5 million appropriation to incentivize an “alternative site” for Belvedere Terminal’s proposed 13-million-gallon fuel farm near Ormond Beach when Deputy County Manager Susan Konchon “threw a curveball” at blindsided residents.

Last October, Councilman Don Dempsey sprung his half-baked idea of using tax dollars to establish a state-of-the-art motocross training/restaurant/alternative education facility in Volusia County. 

In fact, Mr. Dempsey believes the demand for a publicly funded motocross track is so critical he wanted a resolution declaring the need right then – public input be damned.  

I could go on…

Last month, during his closing comments at one of the final meetings of the year, Councilman Danny Robins announced that he wanted to pursue opening a section of the Tiger Bay State Forest to all-terrain vehicles. 

Per usual, the controversial topic was not on the published agenda. 

I wonder why?

According to a report by Sheldon Gardner writing in The Daytona Beach News-Journal, “The council voted 6-1 to send a letter to Commissioner of Agriculture Wilton Simpson in support of exploring the possibility of opening a portion of the state forest up to off-highway vehicles. Council Chairman Jeff Brower opposed the decision.”

At present, Tiger Bay accommodates bicyclists, horseback riders, hikers, and other passive activities.  Should there be a portion of the forest set aside for off-roading, overlanding, and motorcycles on existing roads and access trails as Councilman Robins suggests? 

There are strong opinions on both sides of the issue – but no one on the dais of power in DeLand seems to give two-shits what you think.   

Why is that?

In the past, a number of residents have made it known they would like a section of Tiger Bay’s 27,000 acres set aside for off-highway vehicle use. 

The Florida Forest Service is opposed to opening Tiger Bay to off-road vehicles, citing a previous prohibition due to the potential for pollution, adverse impacts on the ecosystem, and noise.

Now, I’m going to venture a guess and say that there are a sizeable number of you who agree with the Forest Service and believe ATV’s have no place in a pristine forest – one of the last remaining large tract wildlife habitats in Volusia County – and see a distinct difference between a quiet ride through the woods on a bicycle and the resonating braaap-braaap of a two-stroke engine…

That distinct difference of opinion is why I find the complete lack of public notice before the council voted to send a letter seeking ATV access to Tiger Bay abhorrent – an arrogant slap in the face to Volusia County taxpayers who are far too often shut out of the discussion.   

As evidenced by his obtuse comment in the News-Journal, Mr. Robins and his “colleagues” are clearly tone-deaf to those venerated concepts which form the foundation of a participatory democracy – things like transparency, inclusion, the competition of ideas, and permitting citizens a voice in the civic life of their community:

“Robins said the council had the freedom to decide to send the letter and it’s not clear whether public input would have changed the decision, though he said “it probably would have strengthened it.”

“We vote on things that aren’t on the agenda possibly all the time,” he said.”

Unfortunately, we’ll never know what the influence of public opinion and input may have been.

Look, no politician campaigns on the promise of dropping off-the-agenda bombshells on their unsuspecting constituents and turning the process of developing public policy into a guessing game. 

That is a learned trait.

One that speaks to the insular culture established by County Manager George “The Wreck” Rectenwald and his coterie of incompetents in Volusia County government – a dull and cloistered place where secrecy, playing things close to the vest, and a strict adherence to the stagnant status quo is the operative ethic. 

Perhaps it is time Volusia County taxpayers awaken to the sobering fact that our haughty elected and appointed officials are actively plotting our future and allocating public funds behind closed doors – with the help of those influential insiders and career bureaucrats with a chip in the game – and the thoughts, suggestions, and input of We, The Little People are now openly ignored in a “We do what we want” echo chamber.     

You might jot that last paragraph down and take it into the voting booth with you later this year…

That’s all for me.  Have a great weekend, y’all!