A copy of the email sent by Manatee County resident Jack McGourty to other residents in Lakewood Ranch that implies that a county commissioner could be breaking state law that governs quasi judicial hearings for development projects by coordinating with residents.
A copy of the email sent by Manatee County resident Jack McGourty to other residents in Lakewood Ranch that implies that a county commissioner could be breaking state law that governs quasi judicial hearings for development projects by coordinating with residents.
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Lakewood Ranch development case prompts heated Manatee County Commission ethics debate

One hundred and eighty-two nearly identical emails opposing 35 new homes in Lakewood Ranch prompted a heated debate among Manatee County commissioners recently over whether an unnamed board member improperly communicated with residents about a pending decision, or even coordinated with them to shoot down development proposals.

The debate erupted over a project calling for 35 homes on about 12 acres at 4821 Lorraine Road in Lakewood Ranch that required a zoning change and approval of its preliminary site plan.

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Before deciding on the requests during the June 5  Manatee County land use meeting, all seven Manatee County commissioners publicly stated that they did not have outside communications with residents over the Chalets at Lakewood Ranch proposal. If they had such communications with outside parties, Florida law requires them to publicly disclose it.

Yet one of those 182 emails appeared to indicate there had been communication with a commissioner.

By a 4-3 vote, the commission approved the zoning change and preliminary site plan by SMR Northeast LLC, a company under the developer behind Lakewood Ranch. The decision followed tense discussions largely related to questions about potential ethics violations of the court-like process required for such decisions, rather than the development itself.

“I’m going to talk about two things here, first the project and then the 180 comments we got, because I figure it’s relevant more for a general conversation, just because it really was eye-opening in terms of what’s going on around here,” Manatee County Chairman George Kruse said.

“First, the project,” he said. “This is one of the cleanest, most sensible projects we’ve seen in forever. It’s 35 homes…We’re required by Florida statute to adhere to our comprehensive plan and land development code; they are adhering to that…They are using 50% open space, they’re capturing all of the stormwater, it’s a thoughtful design with no stipulations. We never see that.”

Kruse said he sampled 50 of the 182 emails sent to commissioners and determined that most of them came from residents of the Esplanade at Azario neighborhood in Lakewood Ranch and that about 66% of them came from residents who have lived in homes built within the past two years. He noted that two of them are owners of vacant lots where homes have not yet been built.

“This is a bigger conversation,” Kruse said. “We’re turning this county into weaponized NIMBYism, and it’s unfair. It’s unfair to the applicants.”

He was the first commissioner to raise questions about board-member conduct over the matter, quoting directly from an email that seemed to indicate that a county commissioner could have been involved in coordinated efforts to torpedo the Lakewood Ranch proposal without disclosure.

One person in the email chain apparently did not delete the original email sent by Manatee County resident Jack McGourty, a committee member of the Azario Responsible Land Development Coalition, on June 2 to residents asking recipients to copy, paste and send a form email to Manatee County commissioners to oppose the Lakewood Ranch proposal.

McGourty’s reasoning: It would set a precedent that could be used to support efforts to convince commissioners to later vote against a separate upcoming proposal for the 234-unit Lorraine Flats multifamily development pitched by American Land Ventures, according to the email.

“As part of this strategy, we are working with our commissioner to oppose all ‘rezoning’ efforts on or adjacent to Lorraine Road,” McGourty wrote. “If we can set a precedent to stop rezoning, it will help our cause against the 234 multi-family units being proposed by American Land Ventures.

“For now, we kindly request that you consider sending the email below to all commissioners by the end of the day on Wednesday, June 3, 2025,” the email continued. “We are working with our Commissioner to oppose any rezoning efforts on Lorraine Road and any other part of District Five that lacks sufficient infrastructure to support additional development.”

Referring to the email thread, Kruse said: “Somebody who didn’t read the rules about cutting and pasting shared the original email that went out.

“Part of that email says, ‘as part of this strategy, we’re working with our commissioner to oppose all rezoning efforts.’ The other part said that they didn’t even care about this project, they’re 100% okay. Not one thing even complained about this project. They said that they wanted to set a precedent to stop rezoning because it will help your cause against a 234-unit multifamily project being proposed by American Land Ventures.

“You didn’t even have a problem with this project, you’re trying to set a precedent and con the people on this board into voting no on a sensible project just so you can hold it against us when the project you actually don’t like comes in front of us as precedent,” he said. “This is literally coordinated weaponized NIMBYism to attack a sensible project that has no rash or reason to decline it.”

Kruse stopped short of naming a commissioner, but District 5 representative Robert McCann reacted strongly to the comments. He represents the Lakewood Ranch area and went as far as daring the Manatee County Chairman to say his name during the heated discussion.

Although Kruse didn’t name him or any other commissioner, McCann said, “I really think you should stop the allegations.”

“I’m reading word for word,” Kruse said in response. “That’s not an allegation, and ironically I didn’t even mention anything other than ‘a commissioner.'”

Emails from residents raise ethics concerns during Manatee County land use meetings

Three commissioners raised concerns about the implications that a board member could be in violation of the “quasi-judicial process” for land use decisions in Florida.

“This is bad actors trying to push us into voting no on something for bad reasons. This wasn’t even an attack on this project, it was an attack on the concept of development coordinated apparently with a commissioner per the original email,” Kruse said.

Kruse continued to avoid naming a commissioner, but a combative McCann pressed him.

“And what district is that in? Say it out loud,” said McCann.

“I’m reading word for word, Commissioner McCann,” Kruse said. “That’s not an allegation reading an email sent to me, it’s public record. Everyone else can read that word for word.”

“I told you I had no ex parte communications, I didn’t talk to anybody else,” McCann said speaking over Kruse.

In response to questions about county policies on outside communications regarding land use decisions, the Manatee County Attorney’s Office declined to comment.”While I understand and appreciate the nature of your inquiry, I must respectfully inform you that the County Attorney’s Office is unable to speak to the subject matter or respond to the types of questions you’ve posed,” a Manatee County spokesman said in an email. “If anyone in that office were to provide comment or clarification on these matters, that would constitute a violation of the Rules of Professional Conduct promulgated by the Florida Bar.

“We hope you understand why the County Attorney must decline your request for any comment on this or any other issue involving the representation of the Board of County Commissioners and the County or the conduct of any particular commissioner,” he said.

Manatee County commissioners call for adherence to state law

McCann, District 1 Commissioner Carol Felts and At-Large Commissioner Jason Bearden voted against the development decisions. The three often cast vote against development projects but are frequently outvoted by the majority.

District 3 Commissioner Tal Siddique, who voted in favor of the Chalets project, said any concern was alleviated by information presented during the meeting, including questions about traffic congestion and stormwater management because of available infrastructure that is up-to-par or in the works.

“Stormwater, traffic, compatible uses, intensity and density − I felt that my questions were answered,” Siddique said. “You’re building to a 100-year storm standard, the requirement is 25; you’ve gone above and beyond there. As far as traffic is concerned I looked at the capital projects that are in the area, I saw that Lorraine is not just part of our (capital improvements plan) but it’s considered one of our Big 6, which means it has precedence over a number of other projects, it has a lot more funding associated with it and it’s also been fast tracked.

“… So I think we’re actually doing fairly well on infrastructure in this area.”

Siddique then also joined in on calls for adherence to the more court-like process from fellow commissioners, noting a gradual “erosion” of the process in Manatee County.

“I’m seeing a consistent erosion in the quasi-judicial process here,” Siddique said. “Whether it’s fellow board members introducing their own opinions which is technically evidence, which is illegal to bring into a quasi meeting, to just generally referencing pieces of evidence or opinions that are outside the quasi process. It’s illegal, just going to be very clear about that, and it violates due process. Whether you like a developer or not is irrelevant.

“Everyone deserves a fair trial, even if it’s a large-scale 5,000 home builder or someone bringing 34 units, or a landscaper,” he said. “I’m seeing a constant weaponization just to make a point, and not a focus on actually sticking to the project.”

District 2 Commissioner Amanda Ballard agreed, saying a commissioner’s role is not to advocate a position but to ensure proposals meet all legal obligations, such as those stipulated in the county’s master plan, land development code, state regulations or other relevant restrictions.

“We must look at the competent substantial evidence before us and whether the project meets the land development code and the comprehensive plan,” Ballard said. “We are not to look at whether a project is popular, whether we have 182 signatures, we need to look at the evidence… Otherwise our decisions will not stand up in court.”

David Truxton, a consultant with TLC Land Companies representing SMR Northeast LLC on the project, told the Herald-Tribune he inferred from discussions between commissioners during last week’s meeting that McCann was the commissioner in question, despite assertions by the commissioner that he did not have outside communications with members of the community. He cited the commissioner’s defensiveness over the matter and a pattern of opposing development projects within his district.

Truxton said that Florida law does allow for communication with residents, but it has to be properly disclosed.

“That’s really the smoking gun,” Truxton said. “The main thing that calls out to me, as somebody who does a lot of work in multiple counties, is not disclosing on the record that you had communication or involvement with the neighborhood associations.

“Had he disclosed and said that he met with nearby residents and they had some concerns related to the property, that kind of communication is allowed as long as it’s properly disclosed,” he said. “It should have been an open and shut case, but instead it was weaponized and scrutinized for political gain.”

This article originally appeared on Sarasota Herald-Tribune: Lakewood Ranch development case prompts heated Manatee County Commission ethics debate

Reporting by Jesse Mendoza, Sarasota Herald-Tribune / Sarasota Herald-Tribune

USA TODAY Network via Reuters Connect

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