Kick Ass

Chapter 47

The governor and Cabinet wouldn"t do it. Regulators hemmed and hawed. The Legislature chickened out. So a pet.i.tion drive put it on the ballot.

Amendment 3"s landslide pa.s.sage was a powerful political proclamation: Floridians don"t want their oceans and rivers raped anymore. They care pa.s.sionately about conservation and will turn out in huge numbers to say so.

Was anybody in government listening? Somebody was.

"Today represents a defining moment in the care and nurture of our marine resources...The vote on the const.i.tutional amendment clearly mandates that we do things differently and better."

The words come from Dr. Robert Q. Marston, vice chairman of the Florida Marine Fisheries Commission. The MFC was created in 1983 to prevent the destruction of coastal fisheries. Because of intense pressure from commercial groups, change has come slowly.

Too slowly, Marston concedes. In a new report to the MFC, the former president of the University of Florida uses uncommonly blunt language to summarize what"s gone wrong.

Rather than stand up to the lobbying blitz from special interests, the state repeatedly has enacted weak conservation rules. "Such attempts have failed uniformly," Marston a.s.serts. "Fishery stocks have failed to respond, and ultimately more stringent action is necessary."

Remember how overfishing was allowed to decimate four prized salt.w.a.ter species-snook, redfish, king mackerel and Spanish mackerel-before emergency measures were taken.

Recently the MFC staff reviewed the survival prospects for 40 Florida species: 16 are considered stable, six are recovering from overfishing, and 18 "are still overfished without an apparently effective recovery plan in place."

One of those is the spotted sea trout, which has declined drastically in numbers because of heavy netting. Efforts to protect the popular food fish have been inadequate, tangled in politics and conflicting scientific data.

Even if you never touch a fishing rod in your life, Marston"s call to action is a cause for hope. Wise marine management benefits not only the commercial and sportfishing industries, but every taxpayer, too.

The death of marine habitats would be calamitous for the state"s economy, especially tourism. The MFC estimates that recreational fishing now brings in nearly as much money statewide as the citrus industry.

Politicians wouldn"t dare stand idle if the orange harvest was being ripped off, but many have done exactly that while the fish stocks were plundered.

The MFC staff wants a streamlined rule making procedure, tougher penalties and stronger, better enforcement. Otherwise, Florida"s sea waters will remain vulnerable to the same threats that have depleted two-thirds of the world"s major fisheries.

Every Floridian lives within a short drive of a beach, a bay or a river. The vote on Amendment 3 proved that people have a deep affection for these places. Most biologists believe the net ban will greatly rejuvenate stocks of sea trout and other species. It"s probably the most important, far-reaching conservation initiative in half a century. And the people had to do it, because the geniuses we send to Tallaha.s.see wouldn"t pay attention.

Maybe they will now. If not, there are plenty of other two-by-fours that"ll do the trick.

Preserving bay today is good for the future May 12, 1996 The most spectacular waters of Biscayne Bay are found in Biscayne National Park. This is no quirk of nature.

An unpaved swath of coastline, the last in the county, is one reason the park has stayed so healthy. The Metro Commission has an extraordinary opportunity to keep it that way for your children and grandchildren, and perhaps generations to come.

It"s far-fetched, but not impossible to believe that the same political body that erected a mountainous dump on the sh.o.r.e of Biscayne Bay would now vote to protect the rest of it. That"s what must happen, or a tragic decline is inevitable.

The southern part of the bay has been shielded from urban pollution by thousands of acres of agriculture and open green s.p.a.ce, which acts as a filter for rainfall.

From an airplane, you can see the dramatic contrast in clarity between the water off downtown Miami and the water at the a.r.s.enicker Keys. On some days it"s the difference between chowder and gin.

To preserve South Dade"s stretch of bay, Biscayne National Park Superintendent d.i.c.k Frosthas asked Metro commissioners to make two changes to the master land-use plan.

The first amendment affects 2,700 acres adjacent to the park, which now is designated for urban development. Frost believes the land provides an "essential" buffer for the bay, and should remain farms and open s.p.a.ce.

A second, broader amendment asks the county to hold the line against any major housing projects near the national park, until the long-term impact on water quality can be determined.

Frost"s recommendations were endorsed 8-1 by Metro"s Planning Advisory Board, but that"s no guarantee the measures will be approved. Commissioners have been known to ignore their own planners rather than rile their campaign donors.

The amendments are set for a vote Tuesday, and opponents will be out in force. Leading the fight against an expanded park buffer are Homestead City Council members, some of whom continue to invoke hurricane hardship as a justification for subdividing everything in sight.

Councilwoman Ruth Campbell complained that the park"s proposal "will stymie the development at the Homestead Air Reserve Base."

A revealing remark indeed. Remember that one selling point of the HABDI giveaway was the a.s.surance that the new airport and commercial park would be not only self-contained, but incompatible with Hialeah-type sprawl.

The proposed buffer area-lowlands between Florida"s Turnpike Extension and the air base tract-faces enormous development pressure. As has been the trend in South Dade, some farm owners-turned-speculators are eager to sell.

The problem with cramming thousands of tract houses along Biscayne Bay"s drainage corridor is obvious: Asphalt and concrete cannot filter water the way soil does. Instead, rain becomes dirty runoff, degrading the bay.

Those who argue that buffering the park will stunt Homestead"s economy are overlooking the 500,000 visitors a year who go there to dive, snorkel and fish.

Besides the Everglades, there"s no bigger tourist attraction in South Dade than Biscayne Bay. To endanger it permanently for the short-term benefit of a few powerful interests is reckless.

The superintendent said it best: "You can make a bold and daring decision today to preserve the bay and preserve agriculture in South Dade, or you can sit back and watch it disappear piece by piece.

"Then one day you look out the window and the bay is murky and dark, and you wonder how it got that way. And then it"s too late."

One company had courage, fought graft October 10, 1996 Miami"s latest scandal has produced scads of villains and only one shining hero: Unisys Corp.

G.o.d knows how many companies have been hit up and shaken down by the crooks at City Hall. Unisys is one that blew the whistle.

Its executives chose not to pay outlandish bribes for the privilege of selling computers to the city. Imagine that. Imagine somebody going to the police and FBI to report a crime.

I know nothing about corporate Unisys or its reputation in the business world, but I know Miamians should be grateful. With their city government a cesspit, any such act of honesty qualifies as an act of courage.

If it weren"t for Unisys, a thief-commissioner named Miller Dawkins wouldn"t be pleading guilty to bribery and conspiracy, and destined for prison.

If it weren"t for Unisys, a conniving bagman named Manohar Surana would still be Miami"s finance director. Now a federal informant, Surana, too, is on his way to the slammer.

If it weren"t for Unisys, the FBI wouldn"t have been tipped to the antics of ex-City Manager Howard Gary, soliciting payoffs disguised as consulting fees.

If it weren"t for Unisys, Gary wouldn"t have led investigators into the murky world of the munic.i.p.al bond racket. County Commissioner James Burke would never have surfaced on tape, discussing a $100,000 payment.

And if it weren"t for Unisys, Cesar Odio would not stand charged with corruption. Instead, he"d still be city manager, and Miami would still be spiraling blithely toward bankruptcy.

If Unisys hadn"t cracked open Operation Greenpalm, Miamians would still be under the naive impression that their city could pay its bills.

If it weren"t for Unisys, Merrett Stierheim wouldn"t have been deputized as acting city manager, and n.o.body but a handful of schemers would be aware that Miami was a boggling $68 million in the hole (give or take a few million).

Just think of what we would"ve missed, if Unisys had kept quiet and paid those bribes.

We would have missed the spectacle of Odio-the man who was in charge of running the whole city-a.s.serting with that deer-in-the-headlights expression of his that, gee, n.o.body told him the finances were a wreck.

We"d also have missed this week"s firing of the city"s outside auditors, Deloitte &Touche. The firm claimed it had warned of a serious pending shortfall, but said city commissioners hadn"t read either the firm"s reports or the financial statements.

And, finally, we"d have missed the performance of the commissioners, who"ve been portraying themselves as shocked and clueless, a description with which the public can hardly quibble.

Naturally, the commissioners will blame everybody but themselves, even though it was they who let Odio and Surana run wild. The fiscal scare a few years back apparently wasn"t quite dire enough to motivate the commission into paying closer attention to the books.

So, if it weren"t for Unisys, n.o.body would have learned about the city"s unique "Don"t Ask, Don"t Tell" policy on insolvency.

Balancing the budget will be an ordeal that hits every city taxpayer and many honest city workers in the pocketbook. Their anger and disgust is justified. They"ve been deceived by bureaucrats who were crooked, lazy or grossly incompetent.

As brutal as the budget crisis is today, it would be worse-maybe even unsalvageable-had it remained a secret much longer.

Which is what would"ve happened if Unisys hadn"t done what it did, and started the dominoes falling.

Too bad it didn"t happen sooner. Too bad some other company didn"t have the guts.

Golden arches not welcomed in Islamorada December 9, 1997 When the people of Islamorada heard that McDonald"s was coming to town, they got mad and vowed to fight.

The prevailing wisdom said they didn"t stand a chance against the corporate fast-food t.i.tan. The prevailing wisdom was wrong.

Islamorada is a sportfishing community about halfway between Miami and Key West. Busy us. i is the main thoroughfare. It runs parallel to what locals call the "Old Road," the original two-lane Highway One.

Because it"s less traveled, the Old Road on Upper Matec.u.mbe Key is a favorite stretch for bikers, joggers and rollerbladers. It"s one of the few streets on the slender island where you can see moms pushing baby strollers.

McDonald"s wanted to level an abandoned motel on U.S. 1 and build a restaurant/gas station/convenience store. The exit to be used by trucks, trailers and RVs would have emptied onto the Old Road.

People who lived there were upset. They hired an enthusiastic young lawyer, Frank Greenman, and collected hundreds of signatures on pet.i.tions. McDonald"s insisted that it wasn"t building the complex to lure pa.s.sing tourists, but primarily "to serve the needs" of the local neighborhood.

Neighbors said cripes, they didn"t need another gas station or stop-and-go store; Islamorada has plenty. As for fast-food joints, a Burger King stands only 100 yards from the proposed McDonald"s site. n.o.body saw an urgent burning need for more cheeseburgers.

But other communities have fought McDonald"s, and most have lost. n.o.body gave Islamorada much hope-Monroe County officials aren"t famous for standing up to powerful interests. And the staff of the planning commission, which originally rejected the McDonald"s proposal, had later changed its mind.

On Thursday, the planning commission met at the Key Largo Public Library to vote. Scores of Islamorada residents drove 20 miles through torrential rains to attend.

They were shown an artist"s color rendering of the proposed restaurant/gas station/convenience store, lushly landscaped, and were not impressed. Once you got past the palm trees, it was still your basic high-volume gas station, convenience store and fast-food joint.

Some residents booed the drawing. They fumed as McDonald"s engineers a.s.serted that the hundreds of additional cars pa.s.sing through would have "no adverse impact" on the neighborhood.

"I"m so mad. I live behind there," Jessie Wood said. She sat through much of the all-day meeting with her 11-month-old baby. "I used to ride my bike up and down that road when I was a kid. Now I have a son-where"s he going to ride his bike?"

After the paid experts were done testifying, Greenman called the neighbors to the microphone. They talked about crime and noise and safety concerns, such as the nearby school bus stop. They also talked about the unique but vanishing character of the Keys.

When they finished, Planning Commissioner Lynn Mapes spoke first: "I think there are more gas pumps in this town than I"ve seen anywhere outside of New Jersey. I can"t see any need for more gas pumps."

Commissioner Billy Gorsuch expressed other concerns. So did Commissioner Jim Aultman and Chairwoman Mary Hansley. The final vote went 4-1 against McDonald"s.

A cheer erupted, hesitantly at first, because people couldn"t really believe what had happened: They had actually been heard-and trusted to know what was best for their neighborhood.

McDonald"s can appeal the decision, but the company will face a new hurdle next time around. In less than a month, Islamorada officially incorporates as a city.

From then on, island residents will make their own rules about density, zoning, traffic capacity-things that help determine a community"s quality of life.

In paradise, that includes cheeseburgers.

Feds are right in grounding jetport project January 4, 1998 The White House decision to delay development of the old Homestead Air Force Base has drawn instant criticism from South Dade officials, Miami-Dade Mayor Alex Penelas and even Sen. Bob Graham.

They say the delay unfairly punishes a needy community that"s still struggling after Hurricane Andrew. A new commercial jetport, they say, is necessary to invigorate South Dade.

Blaming Uncle Sam for the setback is convenient. It"s also a crock. The county screwed up the air-base project so badly that the feds had little choice but to step in and enforce the law.

The fias...o...b..gan when commissioners, including Penelas, chose to lease the storm-battered property to a bunch of politically connected home builders. The group, called HABDI, includes Carlos Herrera, a former president of the Latin Builders a.s.sociation and a heavy Democratic contributor.

HABDI announced elaborate plans to convert the military airfield into a thriving cargo jetport. Hotels, shops and warehouses would sprout up-not to mention plenty of new subdivisions, which is what the Homestead deal is really all about.

That Herrera and HABDI had zero experience in the airport business didn"t seem to bother the commissioners. They awarded the lease without considering any other bids.

Angry South Dade residents tried in vain to kill the deal. They felt like p.a.w.ns in a political trade-off, and they were right. HABDI had the votes it needed.

Then somebody noticed that the group"s plans for the Homestead base were far more ambitious than those originally presented to the Air Force. The number of predicted flights was doubled, and suddenly there was a drawing of a second runway.

That meant the original environmental-impact report was worthless. (On one map, for example, Biscayne Bay was labeled "The Atlantic Ocean.") Friends of the Everglades, the Sierra Club and the National Resources Defense Council demanded that the feds review HABDI"s plan.

Because of its location, the Homestead jetport will have an impact on two national parks, Biscayne and Everglades. The effect of constant aircraft noise on wildlife is one issue, but questions have also been raised about potential fuel spills, air pollution and traffic.

Those concerns evidently aren"t shared by Penelas, Graham or other politicians who opposed an environmental-impact statement. A new study would postpone construction unnecessarily, they insisted. The old study would do just fine.

Their argument was made at a Nov. 25 meeting between county and federal officials in Graham"s Miami office. According to New Times, the county lamely tried to backpedal away from HABDI, saying it had not yet accepted all the company"s projections.

In other words: Sure, we let "em have the air base, but we don"t agree with all their big ideas.

How"s that for a cop-out? Luckily, the feds didn"t buy it. On Dec. 22, the White House agreed that the revamped air base should be studied for potential environmental damage. The work is supposed to take about 18 months.

In a way, HABDI brought on the delay itself by outlandishly predicting that its airport would be a $12 billion boon to South Dade"s economy. County consultants chimed in, projecting 230,000 flights a year, comparable to JFK in New York.

The price for all that wild hype is scrutiny, because the stakes are high. Industrializing a rural community shouldn"t happen overnight. Nor should anyone lightly dismiss ecological threats to the Everglades, Biscayne Bay and Florida Bay-vital resources that also happen to be multibillion-dollar tourist attractions.

So the county is stuck; stuck with HABDI, stuck with the hype, and now stuck with a long delay. It"s n.o.body"s fault but the commissioners" for agreeing to such a disgraceful deal.

No wonder they"re looking for somebody else to blame.

Bush listens to smart talk on environment February 5, 1998 Jeb Bush, conservationist?

Stop laughing. The Republicans are wising up, and the Democrats had better pay attention.

A column recently appeared in this newspaper that might have made you rub your eyes, to make sure you weren"t hallucinating. The headline: "Let"s protect Florida forever."

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