04/06/06

Businesses unite against county

Charlotte Harbor business owners are closing ranks against a county administration that many view as the main obstacle keeping them from rebuilding in the aftermath of Hurricane Charley.

Small business owners complain that they can't rely on any administrator's interpretation of the county building and zoning codes. Many state that it's routine for different county building officials to give different interpretations of the same regulations.

This is more than an annoyance -- it's a matter of serious money that's often not covered by insurance settlements from the storm. Business owners say they are paying architects and engineers who presumably know the local regulations. Yet they keep having their plans rejected and sent back for revisions.

"I've been trying to rebuild for a year and a half," said Chris Freeland, president of Harbor Nissan. "I'm on my fourth set of plans. I keep going back to the county but I'm not getting anywhere."

Another object of fear and suspicion is the Charlotte Harbor Community Redevelopment Agency, a panel appointed by county commissioners with broad authority over both new structures and major rebuilds.

About 30 people met Wednesday evening at the Best Western Waterfront in Punta Gorda to form a new association to represent Charlotte Harbor businesses before both the commissioners and the CRA.

Freeland chaired the meeting, assisted by Jerry Wilson, owner of Jerry Wilson's Auto Sales, and Duane Needham, owner of Tile & Carpet World. All three businesses are on Tamiami Trail, in the heart of a neighborhood devastated by the great storm of Aug. 13, 2004.

Needham said matters had been deteriorating to the point where he finally went door-to-door last week with fliers advertising the meeting and urging owners to stand up for their rights.

County Commissioner Tom D'Aprile attended Wednesday night's meeting and got an earful.

"There are problems here and they have to be solved," D'Aprile said, after hearing several strongly worded complaints alleging that county building officials were incompetent.

D'Aprile said he recognized that the CRA is "a very powerful organization." He explained that it was started in the early 1990s mainly to address urban blight in the Charlotte Harbor area, including the neighborhood's reputation as a drug hangout.

Overall, D'Aprile defended the county's record in cleaning up crime in the area. "You should be glad because your property values have gone up," he told the business people.

Part of Charlotte Harbor's makeover included building-code restrictions intended to recapture some of the spirit of old Florida, D'Aprile continued. Design charettes were held that attracted a good deal of public participation.

Existing businesses were supposed to be "grandfathered" and not required to rebuild up to the new code.

Then came Hurricane Charley to throw this new regime into complete disarray. For example, D'Aprile said that businesses that have to rebuild less than 50 percent of their structures are still exempt from the new ordinance. But if they suffered more than 50 percent damage, they will most likely have to comply with a host of architectural restrictions.

Needham said that many business owners are now questioning whether building officials are providing a fair assessment of what exactly constitutes 50 percent damage. This interpretation of the rules can mean the difference between being allowed to reopen in a patched-up building or having to plan an elaborate and expensive reconstruction.

In the case of his tile and carpet store, Needham said the CRA informed him of one set of standards when he started redesigning his heavily damaged building. Several months later, he submitted a plan he thought addressed all these rules -- only to be told there were still more rules that had come into play since the last meeting.

Needham now asks why he couldn't have been given a complete explanation of the rules from the start.

Many business owners question the competence of the CRA board members. D'Aprile said these positions are filled for three-year terms by the commissioners. Historically, there has been a shortage of volunteers to serve on the CRA, although the commissioners vet each application and try to get people who are at least conversant with the building trades.

"Maybe some of the people on that board are not qualified, but that's not for me to say," D'Aprile added.

Freeland said the fledgling association is in the process of hiring the local law firm of Moore and Waksler to represent it in future talks with the county. Business owners are being asked to contribute $50 to join the association, mainly to cover legal expenses.

Once the group is finally organized with a board of directors, it will try to schedule separate meetings with all five county commissioners, Freeland said.

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