MANATEE COUNTY – After hearing hours of comments from residents for and against the idea, the Manatee County Commission voted 6-1 on Tuesday to conduct a March 6 public hearing about a proposed special tax district that would finance the acquisition of land for a nature preserve.
The county recently conducted a postcard poll of 1,440 households in the adjoining Braden Woods and River Club neighborhoods east of Interstate 75.
The survey asked whether those households are willing to pay extra property taxes for 30 years so the county can finance the purchase of nearly 33 acres where developer Pat Neal has approval to build a gated subdivision.
Neal, however, granted the Conservation Foundation of the Gulf Coast an option to buy the land for $3 million. That option, which the foundation is willing to transfer to the county, expires March 31.
The foundation is willing to also transfer 11.6 adjoining acres that it recently acquired and previously belonged to outdoorsman Carl Bergstresser. In his will, Bergstresser – who died of cancer in July 2016 – stated that he wanted his property maintained as a nature preserve.
The combined tracts could create a 44.6-acre preserve on the Braden River.
The county conducted the poll to determine whether at least 50 percent of the affected households are in favor of the proposed tax district.
The poll results fell short of that 50 percent threshold, with 674 ballots in favor, 455 votes in opposition and 311 households not responding.
Friends of Keep Woods, a grass-roots group supporting the nature preserve, got notarized statements from dozens of property owners who said they did not receive the postcards and that they favor the tax district.
Owen Harris, the notary public who confirmed those signatures on the substitute ballots that the Friends group created, said those property owners wanted to make sure their votes counted.
Those substitute ballots plus the postcards amount to “732 affirmative votes,” Gary Heberts, president of Friends of Keep Woods, told the commissioners.
Of the 82 percent of the households that did vote, 62 percent are in favor of the special tax district, Heberts said.
“The bottom line is the majority of people said, ‘Yes, I’ll pay more taxes to preserve this property,’” Braden Woods resident Phil St. John said.
“This is not a vacant lot,” Braden Woods resident Richard Taylor emphasized. He said the “heavily wooded site” already functions as a nature preserve and is vital to a diversity of wildlife. “It’s a real prize and one we don’t want to let slip through our fingers.”
Patricia Petruff, an attorney for the River Club Homeowners Association, said that her client has not taken a position regarding the tax district but did not think the unofficial, notarized ballots should be counted.
She said the boundaries for the proposed tax district are “a little discretionary and flexible” and include households that may not consider themselves within a reasonable walking distance from the nature preserve.
Melvin Hoffman, a retired attorney who resides in River Club, said a nature preserve is not “an essential service” or “a viable project” that would warrant a special tax district.
Lawrence Levin, also a retired attorney who resides in River Club, said it is more logical to determine who benefits from a special tax district for improvements such as a sidewalk.
“Anybody from Manatee County can use the park” but only certain residents are being asked to pay for it, Levin said. “This is very likely to go to litigation.”
Assistant County Attorney Bill Clague later countered that “recreational facilities” are allowed under the state statute about special tax districts.
Several River Club residents told commissioners they want the tax district and nature preserve. Many of their neighbors, however, objected.
Commissioner Robin DiSabatino cast the dissenting vote. DiSabatino suggested the county take River Club out of the tax district. The poll would most likely show a higher percentage of support if it were limited to Braden Woods, she noted.
“Maybe 60 percent would be a better target in the future,” DiSabatino said, regarding how the county measures the results of neighborhood postcard polls.
Commissioner Betsy Benac said the proposed preserve is too close to River Club not to include its households in the tax district.