Turtle_licious write:
Congratulations!
I'll get ya a snake bite kit for your house warming present!
.
Hold off on that snake bite kit, just when everyone yhinks the water is clear, they murkey up again. I am in complete limbo again!
Scripps ruling fuels more limbo
By Stacey Singer, Deana Poole, Hector Florin
Palm Beach Post Staff Writers
Friday, November 11, 2005
The future of the county's biotechnology park on Mecca Farms appeared murky Thursday after a federal judge allowed construction of the Scripps campus to continue but halted development on nearly all but 44 acres of the project.
U.S. District Judge Donald Middlebrook's ruling was "kind of a s*ck and cruel joke," Palm Beach County Commissioner Mary McCarty said, because it allowed the buildings to rise, but without near-term access to roads, sewer and water, and electrical lines.
An initial reading of the complex 27-page ruling prompted Gov. Jeb Bush and Scripps officials to declare victory. But as the night progressed, county staff suggested the optimism may have been premature.
"We are extremely pleased with the judge's ruling today as it affects construction at Scripps Florida. We expect to continue that construction," Scripps spokesman Keith McKeown said shortly after its release.
A spokeswoman for Bush sounded the same relieved tone.
"Our preliminary review is that this will allow the Scripps project to move forward. This is an extremely important project to the state," said Alia Faraj, Bush's communications director. "We hope any legitimate environmental issues can be resolved through negotiations by all the parties."
But the county's administrative staff said the ruling won't allow construction of the project's main thoroughfare, Biotech Parkway, which is intended to link with eastern PGA Boulevard and is the only way to connect the Scripps property to paved roads.
Middlebrooks said that road could not be built until the U.S. Army Corps of Engineers had reconsidered plans for the park. The environmental study the corps is likely to order will take two years or more, with an uncertain outcome.
The county's top administrator, Bob Weisman, said he feared the judge's decision would throw the controversial project into even more turmoil.
"I'm disappointed because it's going to start another period of significant indecision about Scripps' future here," Weisman said. "It's clear that we're going to have to wait for a new permit, and that delay will be in years."
Partial permit ordered revoked
In his ruling, Middlebrooks ordered that a partial corps permit to fill ditches on the grove must be revoked. The grove was once a wetland, and its ditches were dug from a flow-way that sent fresh water toward the Loxahatchee River.
Rather than ordering the corps to perform a detailed environmental study or recommending an alternate site, Middlebrooks accepted the corps' request that the matter be returned to them for further review.
"Although I decline to enjoin Scripps' construction of three buildings on the site, I am in no way endorsing such construction, nor do I mean to suggest that developing a research park on Mecca Farms is environmentally sound or otherwise feasible," Middlebrooks wrote. "Construction is a risky proposition, since the outcome or timing of the required environmental analysis is difficult to predict. There is no guarantee that the remainder of the project can be completed once all relevant environmental impacts are taken into account."
He said that until the corps properly considered the direct, indirect and cumulative impacts of the development needed for the 1,920-acre project, further construction on that land must stop, with a few exceptions.
The precise nature of the order's exceptions provoked Thursday night's confusion. Middlebrooks allowed the paving of a small portion of Seminole Pratt-Whitney Road to continue because it is nearly finished and did not affect ditches.
He also allowed the Northern Region Pipeline Project to be finished. That pipeline goes toward the Scripps site but does not reach it, said Shannon LaRocque, an engineer who is the county's Scripps project manager.
And, he allowed construction to continue on Scripps' 44 acres, citing the harms Scripps said would arise from a work-stoppage.
But an exchange between Middlebrooks and Scripps' attorney, James Banks, may have proved the project's undoing. Middlebrooks asked Banks if the buildings still worked if PGA could not be extended. Banks answered, "Absolutely."
Because the Biotech Parkway is also called PGA Boulevard, it may not have been clear that Middlebrooks' question referred to the western extension needed to link Scripps with Seminole Pratt-Whitney Road, rather than the eastern portion planned to run through the adjacent Vavrus Ranch. McCarty suggested that clarification might be needed.
The state has invested $310 million to recruit Scripps to Florida. The county agreed to pay $200 million to buy land and erect buildings for the institute, plus the cost of utilities and roads. Estimates for those infrastructure costs have ranged from an additional $200 million to an additional $600 million.
Some county commissioners speculated that the project now may need to be moved. They called on Scripps and Bush to make the hard decisions about what to do next.
"Now I think it's time that Scripps is going to have to make some decisions," Commissioner Burt Aaronson said. "Certainly this is going to take 24 months to 36 months, if not longer."
Commissioner Karen Marcus said: "We have offered these other sites and other options to Scripps. They're just going to have to decide."
Commissioner Jeff Koons suggested that the site be moved to a more easterly location where the cost of roads and water and sewer are cheaper.
"If we could have spent 10 minutes doing some planning, we would have thought differently. By this time, we would have had the building up and built," Koons said.
McCarty noted that the commission had named the Florida Research Park, also known as the Palm Beach Park of Commerce, as its choice of alternates in February. The park is 2 miles north of Mecca Farms, on Beeline Highway.
Commissioner Addie Greene noted that Scripps had formally rejected that site, possibly leaving land in Abacoa in Jupiter as a choice.
"If they want to go to Abacoa, I will go and vote for them," Greene said. "We have no other choice ? if we don't, we lose Scripps."
Delays have added $14 million
McKeown said Scripps would call for a meeting with county officials to be briefed on their ability to provide infrastructure to the site. Scripps has spent about $17 million so far on its 365,000-square-foot complex, with foundations being poured this month.
Whether the project is moved or just delayed, the order seemed destined to pile on millions more in cost overruns in a project that already has accumulated at least $14 million in bills due to delays.
Commission Chairman Tony Masilotti worried that Scripps and the county could find themselves suing each other over paying the tab.
He said the county should evaluate its legal options and reach out to Scripps.
"I know I wouldn't be in favor of just building a building if it can't be used," Masilotti said.
Asked if the project should be moved, he said, "As long as Scripps agrees they're not going to sue us for the money, if we could move forward quicker, it would make sense."
Middlebrooks admonished the parties to do their homework.
"At this juncture, the parties may wish to consider whether 'build now ? study later' is the best approach, particularly where substantial public funds and environmental resources are at stake."