Commissioner Murman quoted in this Tampa Bay Times article on Big Bend development costs:
Hillsborough County weighs fight against Big Bend development costs
Wednesday, November 4, 2015 6:22pm
TAMPA — Hillsborough County is gearing up to fight a proposed warehouse in South Shore that would put taxpayers on the hook for $5 million in road fixes.
Duke Realty has an existing agreement with Hillsborough to build 1.5 million square feet of warehouse space and 28,000 square feet of retail on Big Bend Road near U.S. 41 in Gibsonton. The expected rise in traffic will require the widening of Big Bend from four lanes to six between U.S. 41 and Waterset Boulevard at a cost that could reach $5 million.
The agreement was signed before passage of a 2009 state law that limited how much counties can charge for infrastructure needed to pay for new development. But construction on the project never started.
Now Duke says the county must abide by the 2009 law, which means the company would need to pay for only $34,000 of the expense under an amended agreement. Before that law, the company would have had to pay most of those costs.
Commissioners voted unanimously Wednesday to delay action on the agreement until December. In the meantime, they want Attorney General Pam Bondi to clarify whether agreements in place before 2009 must follow the Legislature’s new rules.
“I find this to be absolutely egregious,” Commissioner Stacy White said. “I’m very concerned about frankly what I perceive to be a lack of partnership (with the developer) for the betterment of our community.”
Duke’s attorney, Ronald Christaldi, accepted the county’s delay but also threatened to kill the development if the county tries to extract the full $5 million. And he said Duke won’t negotiate any changes to the amendment.
“The project won’t go forward and there will be nothing put forward toward (widening) Big Bend Road,” he said.
Christaldi also noted that the county has already accepted similar amendments to other developments agreed to before the state passed new rules, and he said that if the developer started the process over, then Duke would be required to pay only $34,000.
Several commissioners expressed doubt whether Bondi’s office will offer an opinion by December.
That means the dispute could end up in court. So far, the courts have not said whether existing agreements, and not just those put in place after 2009, must follow the new funding formula.
Previously, if a developer wanted to build homes, businesses or offices along an already crowded road, local government could force the developer to pay to widen the road to create room for more cars. Now that same developer has to pay only an amount that’s based on the proportion of new vehicles the specific project is contributing to overall traffic, known as proportional share.
County Attorney Chip Fletcher said there is ambiguity in the law, but so far other localities have shied away from challenging it.
Commissioner Kevin Beckner said that would be a fight worth pursuing, noting that the 2009 law is making life increasingly difficult for the county.
“We have an obligation to stand up for the people who elected us and make a case,” Beckner said. “Whether we win, to me, we’re standing up for the people.”
The debate isn’t occurring in a vacuum. That area of southeast Hillsborough is booming, thanks to the Amazon Fulfillment Center in Ruskin, the Hillsborough Community College SouthShore campus and the new St. Joseph’s Hospital-South, and increasing transportation pressures there.
Hillsborough is also considering new mobility fees that would charge developers more for new infrastructure, and Tallahassee will likely be watching closely to ensure the county is not trying to work around the 2009 law.
Commissioner Sandy Murman said crossing lawmakers could hurt their efforts.
“Going against the state on something like this could be detrimental to what we’re trying to do on mobility fees as we move forward,” Murman said.
She added: “The state carries a lot bigger stick than we do.”
