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Bonita’s weary eagle fight gets final life

Bonita Springs fought the good fight, spent $100,000 and lost.

Now the wind is out of the Bonita City Council’s sails, although it is limping forward for another two weeks.

The City Council members on Wednesday expressed an overwhelming desire to cease its fight against the Bonita Bay Group over the reduction of an eagle protection zone near Estero Bay, but a 4-3 vote from council kept the issue alive for another two weeks as the city waits for any supporters to rally at its side.

“There has been a lot of opportunities for people to jump on board ... and they didn’t show up,” Mayor Ben Nelson said.

On July 29, the Florida Land and Water Adjudicatory Commission, which is comprised of Gov. Charlie Crist and his cabinet, ruled that the Bonita Bay Group can reduce the protection zone around a bald eagles’ nest on its property from 1,000 feet to 330 feet.

The nest is the oldest recorded eagle’s nest in Florida and has hosted at least two pairs in its 31-year history.

The ruling was a crushing blow for the Bonita Springs City Council that spent more than $100,000 to defend its decision in June 2007 to not allow Bonita Bay to shrink the eagle protection zone. The developer appealed that decision last year, and the matter ended up before Crist.

On Wednesday, the council was faced with the decision to appeal Crist’s ruling for $5,000, although the best-case scenario is to start the whole process over again.

“We have expended plenty of money on a valiant effort,” Councilman Pat McCourt said. “Fighting this is a hopeless situation and a complete waste of time.”

While the council wished to protect the eagle, the overwhelming majority of the members expressed a desire not to appeal Crist’s decision, feeling it was a lost cause not worth the additional expense. The $5,000 expenditure would come at a time when the city is slashing its budget to make up for falling revenues, and the council has proposed raising the property tax rate by 15 percent to make up for some of that lost revenue.

“I have heard from my constituents that this is something they don’t want to pursue,” Councilwoman Janet Martin said.

However, Councilwoman Martha Simons begged the other members for two extra weeks to raise supporters for the government’s cause. In addition to helping protect the eagles, Simons said this concerns the right of Bonita Springs to rule itself in city matters.

“I feel we went to Tallahassee rather wide-eyed and vulnerable,” Simons said. “We were out-lawyered and out-lobbied.”

Simons is meeting with Lee County Commissioner Ray Judah and other organizations about supporting the city government’s cause. Bonita needs to file its appeal by Aug. 28, so it will have to make a final decision on Aug. 20.

The only cost to Bonita Springs in delaying the decision is the staff time expended by City Attorney Audrey Vance.

Unless Simons rallies a significant amount of support, the council is very pessimistic about pursuing the appeal. Simons was the only one Wednesday interested in seeing the matter through further.

“Enough is enough,” Councilman John Spear said. “This was a principled argument that was made by a previous council.”

Even if the council appealed Crist’s decision, the expectations of Bonita being successful in that appeal were grim, based on what happened when Crist and his cabinet made their decision.

“Nobody supported our position,” Vance said.

Before the City Council made its initial ruling on the eagle protection zone in June 2007, the city planners, the zoning board, U.S. Fish & Wildlife Service, the Florida Fish and Wildlife Conservation Commission, the Southwest Florida Regional Planning Council and the Eagle Technical Advisory Board all recommended the council approve Bonita Bay’s request.

“We’ve clearly lost sight of the eagles here, and we have turned this into a political issue,” McCourt said.

Comments

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Simons & Nelson given another chance to express their double talk "deep" environmental concerns.
Last month, she & he voted in favor of multiple mass commercial developments along Bonita Beach Road, east of rt 75.

#1 Posted by BonitaSprings1 on August 6, 2008 at 9:32 p.m. (Suggest removal)

Look there's nothing wrong with our city council, I'm sure their all good people, but when it comes to a battle of wits with the surrounding communities they are unarmed. The next time a major disision needs to be made perhaps my tax money would be better spent hireing someone with expirence in the matter at hand. Come on people, how can we allow housewife's and used car sales people to make decisions that will effect our city for generations to come. It's time they start recognizing their limitations. If they were made to pay the $100,000.00 for their bad decision, I bet the next time they would hire someone that knows what they are doing.

#2 Posted by docwatson on August 6, 2008 at 10:41 p.m. (Suggest removal)

I agree, proper legal council should have been approached for this fight, but Crist is wavering on everything lately, just another one of our elected officials doing as they please once in power. Let's just get rid of all the nature around us, like there is not enough vacant properties now they need to build more, there will come a time when the food chain cannot sustain itself and man will suffer its untimely death.

#3 Posted by theabyss on August 6, 2008 at 10:52 p.m. (Suggest removal)

A reading of the cards has told....A bitter brew has been served by BB and they may find that wanting is better than having. The winds of change will be upon them soon enough, with unexpected and unfavorable results by actions of their own hand. This has happened before and is destined happen again. So Mote It Be.

#4 Posted by ravenhawk on August 6, 2008 at 11:07 p.m. (Suggest removal)

i commend those members of the city council that have the sense to see what this action will cause in the future,,,for those that are against protecting our National Bird of Prey,i wish you the best, because This is just an example of bad judgement on your part,,and im thinking this course of action will be yours on all major ,environmental decisions,and i can only hope that you pay the tab, next time your elections come up,,,
Mrs.Martin,you say that “I have heard from my constituents that this is something they don’t want to pursue,” im curious just who you concider your "constituents" , to be?, some close friends? neighbors? family members?,, i thought that you were my Representive on the city council, yet you say that you have heard from your "constituents",on this matter, so i guess you Arent in my district after all,, every would be politician, can sure dish out promises,and swear to be fair, etc etc,yet when the time comes to deliver on your word,,you get selective amnesia ,,,sadly the ones that will end up suffering here,are the future generations of Bald Eagles,in this area,and, the integrity of several city council members,,,

#5 Posted by Bullbat on August 6, 2008 at 11:17 p.m. (Suggest removal)

Perhaps Martha could call the Clintons for support? This seems like a perfect Democratic cause to get Hillary back in the national spotlight.
3 eagles have built nests within 500 ft. of our home in the last 5 years. Fortunately none have requested our eviction. We like having them around as they keep the field mice problem down
The racoons however are petrified for their young!
The problem that Crist is facing is that he can't find one single eagle-oriented agency or organization to agree with the Bonita Council.
Oh well...good thing there aren't any windmills in Bonita....Dolcinea...

#6 Posted by Naplestango on August 7, 2008 at 1:59 a.m. (Suggest removal)

“There has been a lot of opportunities for people to jump on board ... and they didn’t show up,” Mayor Ben Nelson said.
Where are the defenders of the environmnent on this issue. Anyone hear from Audubon, Conservancy or FWF?

#7 Posted by swampbuggy on August 7, 2008 at 7:52 a.m. (Suggest removal)

Don't delude yourself. Tallahassee recognizes Bonita as just another coastal town dedicated to smothering every available square foot of dirt with development.
Spears, Nelson, Martin, Simons continue to carry that torch.

#8 Posted by BonitaSprings1 on August 7, 2008 at 8:29 a.m. (Suggest removal)

This is not a case of weather we want eagles or not. Their not going to go up and pull the nest down, and kill the birds. They are going to build a few feet closer to the nest, and no one has definitive information how close to the nest you can build, and not effect the eagles. That's why Bonita lost this case, and the reason environmentalist won't touch it.

#9 Posted by docwatson on August 7, 2008 at 9:45 a.m. (Suggest removal)

There comes a time when you have to step back and accept 'defeat.' A $100,000 here and a $100,000 there soon adds up to some real money and this taxpayer says, quit now. You tried, you lost. The eagles will have a much better chance of surviving with the plan that was accepted by the courts than Bonita Springs would have with an appeal.

#10 Posted by beneyw on August 7, 2008 at 11:10 a.m. (Suggest removal)

It was a worthy and noble effort but it's time to throw in the towel. Bonita Bay has to much $$ to throw around in a fight.

#11 Posted by fishguts on August 7, 2008 at 11:18 a.m. (Suggest removal)

Councilwoman Simons and those who voted with her did the right thing. The difference in the buffer is not just a few feet. This case opens the doors in Florida for more encroachment. The previous writer said, there is no telling how far to build from an eagles nest. Well yes there is. The Bald Eagle Guidelines and people who monitor eagles for years can tell you. Encroachment upon an eagles nest threatens nesting activity.

Naplestango, the difference is that the eagles came to you, you did not disturb the oldest nest in Florida. Do you live near the nest where the eagles have been getting electrocuted in power lines?

The eagles might be coming back but only for the short term. When they lose habitat we will lose the eagles. Scads of articles have been written about eagles losing habitat and injuring and killing each other over nest territory. ( see washington post article for example)

Local conservation groups get donations from Bonita Bay. Hence....

One local group the Cape Coral Friends of Wildlife, wrote Bonita Bay Group and said they didn't want them anymore as a sponsor for Cape Coral's Burrowing Owl Festival. They have integrity as little as they may be.

Ms. Simons, where can I donate for the cause.?

#12 Posted by bluefish on August 7, 2008 at 11:36 a.m. (Suggest removal)

blue, I am more of a environmentalist then you know, but I also believe in property rights. If there are guidelines, were are they? If there are people with facts about this matter, were are they? The next time this happens they better have their ducks in a row, or they will lose again. In the U.S.A. you need more then unsubstantiated redaric to go to a persons property and tell them how they can use it.

#13 Posted by docwatson on August 7, 2008 at 12:23 p.m. (Suggest removal)

doc: It's in the article above.
All the agencies and eagle experts previously testified that 330 ft was the magic number at which eagles return repeatedly to the nest unhampered.
There's more to this story than just drawing a 1000ft circle around a bird's nest.

#14 Posted by Naplestango on August 7, 2008 at 1:27 p.m. (Suggest removal)

It would be nice if we used some of that money to mow the right-of-way on Hickory Blvd that hasn't been mowed in a month! I don't see the Eagles coming to cut it anytime soon as a token of their appreciation.

Seriously though, I am for the protection of the eagles and I do know what happens when we let a developer slide. The only issue I have is how long are we going to have to continue to foot the bill on this? Will it just take another 10k, 100k, 500k? If we don't have an idea than I can't support throwing money at this issue blindly unless we are going to get monetary support from the county or another organization... which I don't see happening at this time.

#15 Posted by jim09091 on August 7, 2008 at 10:45 p.m. (Suggest removal)

National Bald Eagle Management Guidelines
US Fish and Wildlife Service
pages 11 and 12

Building construction, 1 or 2 story, with project footprint of more than ½ acre

Buffer

660 feet. Landscape buffers are
recommended

http://72.14.205.104/search?q=cache:8...

#16 Posted by bluefish on August 8, 2008 at 9:06 a.m. (Suggest removal)

Recommendations and guidelines are not worth the paper their written on. This should be a wake up call to the environmentalist. If they want these restrictions to be enforced they had better get a law passed or developers with money will do what they want if it's cost effective.

#17 Posted by docwatson on August 8, 2008 at 12:53 p.m. (Suggest removal)

hey doc,,,, youre right, especially your last sentence,and that is true even if there Is a law,,,they who have the most money,will always win, whether its murder, fraud,scams etc,,or even destroying a Bald Eagles nest, thats some 30 years old,and used regularly,,,on another matter,id be willing to lay odds that if you were to be on the BB golf course early mornings, < before say 4:30 5:00 AM,, > you just might catch someone going around picking up dead Herons.Egrets etc,,,,, they eat the bugs etc that are on the course,and are then killed by all the chemicals used to keep the course clean and green,,,,,

#18 Posted by Bullbat on August 8, 2008 at 11:54 p.m. (Suggest removal)



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