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Fairness Of Borrow Pit Hearing Questioned

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By B.C. MANION, The Tampa Tribune

Published: December 2, 2007

LUTZ - Objections are being raised about the conduct of Hillsborough County officials during a Nov. 16 public hearing on a special-use request for a proposed borrow pit on Lutz-Lake Fern Road.

Denise Layne, land-use liaison for the Lutz Civic Association, is demanding an investigation of Land Use Hearing Officer Harold Youmans and Senior Assistant County Attorney Louis Whitehead, and is calling for a new hearing on the borrow pit.

Layne put those demands in a Nov. 21 e-mail she sent to members of the Hillsborough County Commission, with copies to County Administrator Pat Bean and Zoning Administrator Paula Harvey.

The proposed borrow pit would provide about 2.5 million cubic yards of fill dirt for road and construction projects. If approved, it would operate for 10 years on about 50 acres, within a 312-acre site on the north side of Lutz-Lake Fern Road, just west of the Suncoast Parkway.

Layne questions the hearing officer's impartiality, alleges a lack of due process, criticizes Whitehead for not controlling the four-hour hearing, and complains about the way Youmans treated her and others.

The county's Special Use Permit hearing process establishes time allotments for various parties at the hearing - either five minutes or 15 minutes.

It also permits the hearing officer to grant additional time "for good cause shown."

Layne and others complain that Youmans granted too much time to the applicant and did not give them adequate time to respond.

They also object to the way Youmans treated those who testified in opposition.

"After my presentation, Mr. Youmans started grilling me on what qualified me to speak on this issue (isn't being a taxpayer in this county enough?) AND gave me a lecture on the applicant's property rights," Layne wrote in her e-mail.

"Numerous times during our opposition, our testimony was challenged. That is not the Land Use Hearing Officer's job. It is to gather information."
Lorraine Duffy Suarez, manager of growth management for Hillsborough County public schools, also objected to Youmans' conduct and questioned the fairness of the hearing in a Nov. 19 e-mail she sent to Harvey and Adam Gormly, managing attorney for the county's land-use division.

Suarez characterized the proceedings as "the WORST" she has experienced in 20 years of attending public hearings in Hillsborough County.

She criticized Youmans' behavior during the testimony of Glen Lathers, manager of safety and risk manager for the school district. Suarez claims Youmans was "aggressive" in questioning Lathers.

"Sitting there listening to this questioning really seemed like an assault on Mr. Lathers' credibility," her e-mail states.

The school district wants the county to prohibit dirt trucks from rolling past McKitrick Elementary, Martinez, and the new high school to be built on Lutz-Lake Fern Road during drop-off and pick-up times, and whenever the schools are open for any activity.

Ethel Hammer, a planning consultant who lives next to the proposed borrow pit, also questioned the hearing in a Nov. 20 e-mail to Harvey and Gormly.

"I believe that the procedures of the land development code were not followed, and I believe that our due process rights were violated," Hammer wrote.

She complained about the amount of time the applicant had to make his case and how opponents were treated.

Harvey disagreed with the complaints. "I have no reason to believe there was any wrongdoing," she said.

The hearing process time frames are only guidelines, Harvey said.

"I find absolutely nothing wrong with the hearing master asking questions of people giving testimony," Harvey said.
Youmans said he has not been told of any complaints.

Even if he were aware of objections, he said it would be improper to comment.

Attorney Vin Marchetti, representing Stephen J. Dibbs, the applicant for the borrow pit, disagrees that due process rights were violated.

The hearing master was lenient in granting additional time for speakers, Marchetti said.

"As I recall, the hearing master afforded every one an opportunity to speak. He was not unwilling to consider any and all evidence," Marchetti said.

Youmans' ruling, due by Dec. 11, may be appealed to the county's Land Use Appeals Board.

Reporter B.C Manion can be reached at (813) 865-1507 or bmanion@tampatrib.com

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