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| Lynda Bell - Fan of Selective Enforcement,Chain Link Fences and Pink Slime in Meat Products. |
The people who already paid the fine are going to go berserk when they find out. This whole issue is a fundamentally UNFAIR. The County code defines what makes up clean fill and how you can use it. Vegetative debris mixed with garbage is not clean fill and does not belong in wetlands. Fill DOES NOT include garbage and it DOES require a permit.
Lynda's resolution is specifically tailored for people who 1) did not get/follow a permit and 2) used garbage to fill wetlands. Many property owners accepted the garbage tainted mulch and dumped it on their property. Once discovered, DERM required corrective action. Many property owners and contractors complied. Of the nine listed in the resolution, a few are resisting (not all). If this resolution passes it will legalize illegal fill on those parcels. It will also make application of county code arbitrary - what about the people who already paid to correct the problem. I bet they don't even know this is happening. I bet some of the owners of the parcels listed in the resolution don't even know. So 9 people will be exempt. Stupid is as stupid does. Here is what Lynda Bell's law dujour, for COMMITTEE ON MARCH 14th, says (only important part is bold - hit read more to see it):
RESOLUTION DIRECTING THE MAYOR OR MAYOR’S DESIGNEE TO REFRAIN FROM FURTHER ENVIRONMENTAL ENFORCEMENT IN THE FEW REMAINING CASES AGAINST PROPERTY OWNERS FOR MULCHED HURRICANE DEBRIS DEPOSITED DURING THE AFTERMATH OF HURRICANE WILMA
WHEREAS, in the aftermath of Hurricane Wilma in 2005, Miami-Dade County was in a state of emergency, there was a great deal of property destruction, and circumstances may have been chaotic; and (BOO HOO on that one, we all went through it we don't get laws sponsored on our behalf) WHEREAS, in this aftermath of Hurricane Wilma, some property owners in the 8.5 square mile area and in the C-9 basin accepted deposits of mulched or shredded hurricane debris onto their properties; and
WHEREAS, in 2012, the Miami-Dade County Wetlands Advisory Task Force recommended that Miami-Dade County provide a one-time resolution for property owners who accepted mulched hurricane debris associated with the 2005 Hurricane Wilma storm season; and (THIS WAS A LYNDA BELL ORCHESTRATED TASK FORCE WITHOUT REPRESENTATION FROM ANY ENVIRONMENTAL GROUP). WHEREAS, much of this mulched hurricane debris contained plastics and other trash, along with vegetative debris; and WHEREAS, some of these deposits of mulched hurricane debris constituted environmental violations of Chapter 24 of the Code of Miami-Dade County, including filling wetlands without a permit and improper disposal of solid waste onto properties, and some property owners may not have known that they were violating the law; and
WHEREAS, the Miami-Dade State Attorney’s Office criminally prosecuted contractors who were directly linked to these deposits of mulched hurricane debris onto private property in the aftermath of Hurricane Wilma, and those unscrupulous contractors were forced to pay to clean up the environmental violations linked to them; and WHEREAS, if the contractors who dumped mulched hurricane debris on particular properties could not be found, or if the property owners could not identify which contractor brought them the mulch, Miami-Dade County brought civil environmental enforcement actions in order to clean up those properties and bring them into compliance with Chapter 24 of the Code of Miami-Dade County; and
WHEREAS, now, more than seven years after Hurricane Wilma, there are less than 10 open civil enforcement cases involving property owners who accepted this mulched hurricane debris onto their properties in the aftermath of Hurricane Wilma; and
WHEREAS, recognizing that these particular environmental violations arose during a unique time of emergency and crisis, and in the interest of efficiency, including limited enforcement resources, this Board may wish to direct the Mayor or Mayor’s designee to refrain from further enforcement against the property owners in the few remaining enforcement cases involving said mulched hurricane debris;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Mayor or Mayor’s designee is hereby directed to refrain from further enforcement against the property owners in the few remaining environmental enforcement actions for deposits of mulched hurricane debris that took place in the aftermath of Hurricane Wilma in 2005. The folio numbers for those nine remaining enforcement actions are listed as follows: 30-5821-000-0153; 30-5815-000-0140; 30-5815-000-1150; 30-5815-000-1610; 30-5828-000-3831; 30-5822-000-0050; 30-5822-000-0112; 30-2911-001-0301; and 30-2913-001-0490. This resolution, however, shall not relieve those property owners from otherwise complying with the Code of Miami-Dade County, including but not limited to the provisions of Chapter 24 and storm water retention regulations.
The Prime Sponsor of the foregoing resolution is Commissioner Lynda Bell.
20 comments:
Couldn't the judge do this on a case by case basis. If someone has a money problem let the judge mediator decide. Why do we need a law enacted? You are right, this is stupid.
She could have added a mediator provision on all wetland violations. But singling out certain property owners is bad policy.
Who levies the fines?
The courts levy the fines. So I would think the sob stories could be presented there and if they are worthy sob stories, the people should be able to get relief.
Eight years too late if they did not get a permit isn't that too bad? If they accepted debris it would follow that they accepted cash and the cash is now gone so let's get relief from a new law.
What's next retroactive rewriting of traffic and criminal laws to suit supporters? Sounds like Daphne Campbell and her redlight camera ban legislation because her husband has half a dozen tickets.
Lynda Bell has the Miami Dade County Attorney's scared just like all the others including her colleagues on the commission.
The area she is trying to favor is this District 8 or District 9.
I think this area is either in District 10 or 9 (zapata or moss).
How this even got to the BCC is beyond me. She doesn't have anyone scared, they're not paying attention at the staff end. Being Vice Chair doesn't make one Jr. God in charge, though Bell thinks it does! Also, the voters have the last say and the last laugh, when their ballots aren't stolen!
The Wetlands Task force was made up of Pena - the egg lady proven liar on the public record and whoever would agree with her. It was a joke of useless recommendations to destroy DERM from doing their job of actual enforcement!
This property is at the edge of the Everglades where there is a bi partisan group of legislature working on funding and restoration which will hopefully be started in my lifetime.
Idiot hillbilly's like Bell should not be in a position to even propose allowing these LAW BREAKERS who were most likely compensated to dump said fill to violate ANY section of any laws!
Most of these were illegally built structures in the first place (unless there were on 40 acres parcels) and it was probably a one hand washes the other to use the fill to build illegally and unpermitted structures.
I can absolutely assure the entire BCC and all who support this crap there will be so many lawsuits flying (which also seems to be Bell's favorite hobby) by anyone who has received a fine under Chapter 24 for any reason and actually paid it!
I haven't bothered to look up the folio numbers because that would probably irritate me more than this piece of uselessness political hag (meant that word not hack but that would apply to her too).
Impeach this women would be more suitable than recalling, though either would work for me at this point.
By the way Bell, where's your press release supporting Redland - the people who actually live in District 8? Where's the Agriculture Managers position on the issue of the dump outside the UDB in the middle of heavy farming? Oh, right, at Bell's hip trying to keep his job of doing nothing to support the actual "designated farming area" per the master plan, which Bell still hasn't figured out how to read!
This should not be on the agenda, let alone one the mind of ANY elected official, especially one who votes to so freely to give away tax dollars, yet lets these freaks off the hook - or tries too.
I'd like to hear from the Commissioner where this property is, not ding bat Bell!
So this is how she will help her BEST FRIEND JOHN DUBOIS WHO ALSO HOLDS THE MORTGAGE ON HER HOMESTEAD HOTEL. It's a great thing to be Lynda's BFF. You get a free ride on ILLEGALLY filling WETLANDS AND CUTTING MANGROVES OVER A 10 YEAR PERIOD AND ENDORSED FOR ELECTION in the little town of Palmetto Bay. Oh, and btw, she also endorsed John Dubois to replace her when she terms out.
Stay tuned for the Environmental Quality Control Board's ruling in the middle of March on Dubois' longstanding case. Just wondering if the case gets "settled" before it has to go to Circuit Court for hearing. With all her work on the Homestead Hotel, is she really paying her mortgage down or paying the mortgage payments at all.
All I can say is...OUTRAGEOUS!!!!
After years of decomposing vegetative debris and garbage there has to be groundwater impact. How about collecting samples of drinking water wells or irrigation wells on the property where this crap still remains. This is the water that Lynda is drinking and has obviously started affecting the brain cells (the few that she has). Won't be long now.
The Environmental Quality Control Board Meeting to rule on the John Dubois case is March 14. Go to DERM for location.
Bell won't be "termed-out" and "Heir- Apparent" Dubois will not succeed her. She'll be defeated in 2014. Many of us will make it our sole purpose in life to ensure her total and utter defeat at the polls.
i'm with you on that.
This resolution would not legalize the illegal fill on these wetland properties. It would remain illegal and still be subject to enforcement by State and federal agencies. I hope they do their jobs if the commission doesn't allow DERM to do it's job.
I have said it before and I will say it again. DO NOT UNDERESTIMATE LYNDA BELL. Yes, she is a walking, talking P.O.S but now that she has had a taste of the perks of elected office and the power to screw with her enemies, both real and perceived, she will not go down without a huge fight.
As others have said, nothing worse than a stupid person in power other than the stupid politicians who voted her as vice chair - sorry to those who didn't do their homework and supported or continue to support her because this was one of your dumbest votes.
Her legislation is an embarrassment to this County and a waste of staff time.
She is a one termer as she was a one term mayor in Homestead, which is an almost impossible feat.
I don't know anyone who is "afraid" of her as some have also said. There are a lot of people who simply just don't want to deal with her nonsense and stupidity.
The lengthy list of pink slime worthy venom is just par for the course to those of us who know what a truly waste of space this women is........
If she intervenes with DuBois, she should be suspended from office - immediately. If the legislature is really serious about answering to the voters, Scott better heed this grave warning about some of these Tea Party politicians who are too extreme and who will insure he loses re election if he continues to be bff's with them.
As to the DuBois mortgage on the Redland Hotel, I think it's in her husbands name - how convenient and again, stupid for so many reasons. I'd like to see the note, mortgage and proof of payments. I'd also like to see the tax returns which will match the bar/restaurant receipts - those are also ripe for under reporting to the government and probably a really good way to build up her finances around "sunshine"! That's just guess but a good one from someone who knows the bar industry.
That fill had rubbish in it.. Stuff that was scraped up and dumped... How about old sneakers and other crap?
If I understand the proposed resolution, nine property owners are being rewarded for not complying with the local regulations. After reviewing County records, two of the nine property owners had previous enforcement cases with DERM and knew they needed a permit prior to filling their property. What is Ms. Bell thinking? You have property owners with knowledge of the requirements and they are getting a "free pass" to the regulations?
County records show that 34 property owners removed the hurricane debris (DERM calls it solid waste) and restored their property to gain compliance, at their own expense. Also records show the County was successful at identifying several contractors that illegally placed this solid waste on 14 properties. These contractors were made to remove the material and restore those properties.
If the Board of County Commissioners pass this resolution, I hope the Mayor has set aside funds to compensate those individuals and contractors that did the right thing and resolve their violations with DERM.
Lawsuits are a coming... Shame on you Ms. Bell.
It is so easy to blast allegations when not one of you attended task force meetings to hear the all of the evidence. Many of these landowners invested everything they had in these pieces of property to start a business to provide for themselves & their families. They did due diligence. If you had done your research you would have read a document by Miami Dade County called A Brief History of Chapter 33B which actually states on last page that it did NOT have to be disclosed to the buyer that this was a wetlands area. In actuality 8.5 has been farmed for many years and is higher elevation than the entire rest of the area. So, when the hurricane episodes came, noone stopped the trucks, some coming from Monroe County, and gave the mulch to farmers for free over a period of months while nobody said a word. If you do FOIA, you would find conversations between Miami Dade DERM & Monroe County officials stating some of their trucks did go there rather than landfills & they were responsible for some of this. The landowners had no idea any part of their property was considered a wetlands until DERM decided 8 months later pursue. Now 6-7 years later, with mulch still there or decayed , you wonder if it had any toxicity?? If our County was looking out for us, don't you think the testing would have been done sooner than later??? Mulch for AG is allowed FYI. You do realize that most of South FL including Weston was a wetlands at some point. I have been to 8.5, HAVE ANY OF YOU? It does not flood like Doral does during heavy rain storms. Be an independent thinker & do not think government including MDC does not cover up mistakes. People do Not have inexhaustible amounts of $ to fight their cases when their biz have been put to a halt. The government has your taxdollars to fight for ever & ever.
I was at the task force hearings.
Thank you for sharing Alice Pena. Too bad it isn't accurate.
More specifically, all transactions involving the sale or transfer of real property or interest in real property located within the East Everglades Area of Critical Environmental Concern include in the documents of conveyance the following statements:
“THE LAND WHICH IS THE SUBJECT OF THIS TRANSACTION IS LOCATED IN THE EAST EVERGLADES AREA OF CRITICAL CONCERN. THE LAND IS SUBJECT TO PERIODIC, NATURAL FLOODING, WHICH POSES A SERIOUS RISK TO PERSONS AND PROPERTY IN THE AREA AND MAKES THE PROPERTY UNSUITABLE FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT.
METROPOLlTAN MIAMI-DADE COUNTY AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HAVE OFFICIALLY DETERMINED THAT FLOOD PROTECTION FOR THIS AREA WILL NOT BE PROVIDED WITH PUBLIC MONIES.
METROPOLITAN DADE COUNTY HAS ALSO DETERMINED THAT IT WILL NOT CONSTRUCT ANY NEW ROADS IN THE AREA OF CRITICAL ENVIRONMENTAL CONCERN AND WILL MAINTAIN ONLY THE FOLLOWING ROADS: SW 136 STREET FROM SW 187 AVENUE TO SW 209 AVENUE; SW 168 STREET FROM LEVEE L-31N TO SW 237 AVENUE; INGRAHAM HIGHWAY (FORMERLY SR 27).
I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND THE FOREGOING STATEMENT."
(Followed by a signature and date block that had to be completed by the party acquiring the property.)
To further assure that East Everglades flooding concerns were known to residents in the area and to emphasize that flood protection was not planned for the area, Section 4.C. of Dade County Ordinance 81- 121 specifies that "No permit for use or development on any land within the East Everglades Area of Critical Environmental Concern shall be issued by any agent of Dade County government that does not contain the following statement":
"THE SUBJECT PARCEL OF LAND IS LOCATED IN THE EAST EVERGLADES AREA OF CRITICAL ENVIRONMENTAL CONCERN AND IS SUBJECT TO SEASONAL FLOODING. NEITHER DADE COUNTY NOR THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT PLANS TO CONSTRUCT FLOOD PROTECTION WORKS WHICH WOULD BENEFIT THE SUBJECT PARCEL. MOREOVER, NEITHER DADE COUNTY NOR THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT WILL ALLOW THE OWNER (OR PERMITTEE) TO USE PUBLIC CANAL SYSTEMS TO PROVIDE DRAINAGE THAT IS NOT NOW AVAILABLE TO THE SUBJECT PARCEL. IN ADDITION, IT IS AGAINST COUNTY POLICY TO EITHER PROVIDE NEW ROADS OR TO MAINTAIN AND/OR IMPROVE PRIVATELY BUILT ROADS IN THE AREA.
I HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND THE FOREGOING STATEMENT."
(Followed by a signature and date block that had to be completed by the party requesting the permit.)
DERM didn't collect fines if people removed the debris. Get the facts straight
If a property owner did not do his due diligence to learn the restrictions of the particular property before purchasing said property, it is no one's responsibility but the buyer. Caveat emptor. Failure to know the law (that you own wetlands and you can't fill them with contaminated solid waste) is not a defense to violating such a law.
This resolution only identifies 8 offenders, who have been on notice of the continuing violations since 2006. 37 other property owners also have similar violations, and upon enforcement by DERM, remedied the violation. Why then do these 8 get a free pass for ignoring DERM's actions? I wonder what those other 37 owners would think if they knew these 8 were trying to get off with no consequences.
The worst part is that this is not really about whether property owners violated the law, it's about the contaminated solid waste that threatens our drinking water. That's something everyone should care about. The waste needs to be cleaned up. Period.
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