The Environmentally Sensitive Land (ESL) Program was created in 1988, when voters approved a referendum levying one tenth of a mill for 30 years for the acquisition and management of environmentally sensitive lands. The levy ended prematurely in 2011. In 2012, a continuation of the levy was put on the ballot, but was rejected by voters. Commissioner Wayne Dukes put an item on the agenda for the July 28th meeting to discuss the ESL program. Ultimately the board voted to dissolve it to the chagrin of Commissioner Rowden and ESL Committee members who stated that they were given no information or notice of what the discussion would entail.
Commissioner Dukes began the discussion with stating, “From the first week or so I was on the board, it became apparent that the board had come to the conclusion that we as a board were not going to buy anymore sensitive land and that board has stuck to that.” He explained that when the chairman of the ESL Committee presented to the Board, he stated that they should put the .10 mil back on the tax rolls. There was a referendum and the voters voted not to fund it. On June 29th there was a meeting of the ESL Committee that included staff time. The discussion was to purchase additional land to open the Little Withlacoochee Corridor on the eastern side of the county. Comm. Dukes views this as counterproductive since the Board has said they will not purchase anymore ESL as it is a waste of money to pay staff to investigate purchasing the land.
Vice Chairman Adkins explained that ESL is off the tax rolls. In Hernando County that is somewhere between 33 and 40% of property in the county. Surrounding counties do not have such a high percentage. “We have a small portion of property owners in Hernando County that actually pay a lot of taxes and when we take more land off the tax roll, it puts more of a burden on those people who are paying taxes,” stated Vice Chairman Adkins.
Commissioner Rowden stated, “When we’re talking ESL programs… [they] have brought more value to this county than they have taken away.” She pointed out that homes neighboring ESL actually have more value. She also explained that many of these properties are maintained to prevent flooding issues. These lands also do not require all the services which taxes pay for. “I am very much in favor of maintaining our ESL program. We have a very unique county. This is why we are calling it the Adventure Coast,” Rowden said.
Commissioner Holcomb echoed Mr. Adkin’s concerns stating that it is a double negative, to use taxpayer money to purchase ESL, which then raises taxes since the property is taken off the tax rolls. He also described the limitations on land designated Environmentally Sensitive saying, “Most of the time, when they want sensitive land… nothing happens in this land. You’re not allowed to put sidewalks, pathways… anything. In some cases you’re not allowed to put emergency cuts for emergency vehicles.” The Hernando County ESL website states, “Recreational uses are ancillary and will only be allowed when the resource will not be placed at risk by such use.”
County Environmental Planner, Dawn Velsor, told the commission that there are recreational components to the ESL and they are open to the public. The only one closed is Peck Sink, which has some safety concerns at the moment. There are several parks within ESL designated land including Linda Pedersen and Jenkins Creek Parks, Bayport Park, and Nobleton Wayside Park. She further explained the land acquisition project that was on the ESL Committee agenda on June 29th. She told the Commission that they were looking at trying to link up a core piece of State Forest property within the Little Withlacoochee Corridor. They wanted to purchase a couple of lots to make the connection stronger. She explained, “When we looked at areas we wanted to explore… we looked at flood plain, wetlands, basically areas that are not very conducive to residential development.”
Commissioner Dukes did not relent stating, “For over five years now the county has made it clear that we are not going to buy any land. It’s relative to today, it’s logical for today that the time of cooperation between the sensitive land committee and the board has come to an end… to set up meetings and take staff time to talk about buying land to a board, at least until elections come, that’s not going to buy land is counterproductive and with that I am going to make a motion to dissolve the sensitive land committee effective immediately.”
An irrate Diane Rowden stated, “First of all this meeting was notified that there was a discussion. There was nothing advertised as to what the discussion was going to be. I’m a County Commissioner. I had no clue what the discussion was going to be. If you are hellbent on wanting to do this then get a consensus, put it on the board for the next meeting and then vote on it. But don’t try to pull the wool over people’s eyes… We represent a whole lot of people who would have liked to have known that this was to be discussed. We need to have this on the agenda for a full discussion. Why shouldn’t we be talking about this as a community?”
The board then questioned Attorney Jon Jouben on the legality of the motion. He stated, “The board is within its powers to do that. The question is whether or not it wants to.”
Diane Rowden asked, “Is it ethical?” The question remained unanswered.
The motion passed 3 to 2 to dissolve the environmentally sensitive lands committee with Commissioners Rowden and Holcomb voting against it.
The Environmentally Sensitive Land Trust Fund currently has $6.1 million. Virginia Singer, Public Information Officer stated, “While the BOCC dissolved the committee, the funds must still be used within set guidelines.” She referred to Chapter 22 ARTICLE III. – PUBLIC USE OF
ENVIRONMENTALLY SENSITIVE LANDS https://www.municode.com/library/fl/hernando_county/codes/code_of_ordinances?nodeId=PTIICOOR_CH22PARE_ARTIIIPUUSENSELA
However, there are not specific guidelines on how the money can be spent within this ordinance. Most likely, The County Attorney will have to determine the specific guidelines for spending this money.
CORRECTION: Updated the title to reflect that the committee was dissolved not necessarily the program. The county commission made it clear that it does not wish to purchase any more lands.
UPDATE: The Board of County Commissioners have voted to reestablish the Environmentally Sensitive Land Committee.