Indian Creek Enforcers       I.C.E

 Dedicated to standing against the U.S. Government's ongoing pollution of water, air, and  land. Determined to resist believing the les and promoting the publication of truth to all people.

 

To:

The Honorable Rick Scott
Governor of Florida

Office of Governor Rick Scott
State of Florida
The Capitol
400 S. Monroe St.
Tallahassee, FL 32399-0001



From:

Robert D. Allen

Owner and Operator of Sportsman's Lodge

99 North Bayshore Drive

Eastpoint, Florida 32328

Dear Governor,

My wife Edda and I have operated a successful business here at the Sportsman's Lodge on the East Apalachicola Bay for the past 37 years. It was the high point of our year when you and your family graced us with a visit at the Sportsman's Lodge on Indian Creek.

I am pleased it is your agenda to help businesses such as ours to be able to provide jobs and “get Florida working.” Our business has had the same agenda for 37 years. I am pleased that you are streamlining and getting a hold on those different agencies thast have limited growth and the ability of business to function. It is my hope that you will undo the damage done by those agencies. Our business could well be a “poster child” for how those agencies have limited the ability for businesses such as ours to provide jobs to the community.

In December of 2002 the Eastpoint Water and Sewer District with the help of Joyce Estes of Northwest Florida Water Management District and the Apalachicola Riverkeepers determined to regulate me out of business. I had connected to the Eastpoint System by Court Order of DCA in 1992. At that time I paid $3,604.00 to Eastpoint Water and Sewer for this service. I was granted 14 acres and Lodge without any specification as to what I could or could not connect. I was responsible for the cost of any installation and materials beyond the water meter. At my own cost I purchased and had the water and sewer system installed. But in December of 2002 I was served papers which accused me of having illegal hook-ups and demanded $5,300.00 in Impact Fees. I paid this under duress simply to keep my business open.

In January of 2003 I began to petition every possible agency to intercede for me and mediate the situation. As a “Special District” it seemed no one had any power or over saw the actions of the Water Company. Even then Governor Jeb Bush wrote a letter saying he had no authority. No agency in Florida would hear my appeal. From 2002 onward I struggled to make my business viable while being visited sometimes daily by local Health Department officials and DEP representatives. In 2005 “Hurricane Dennis” came and devastated the local economy and my business. I struggled to rebuild my Lodge and Restaurant business. I received no help from insurance or FEMA and again worked at my own expense.

During this time I was offered upwards of 25 million dollars for my property here by land developers. I rejected those offers in the interest of aiding our local economy by keeping the land use open to the Seafood Industry. This Marina is the only Marina on the East Bay and has been used by Oyster Man, Crabbers, and Sport Fisherman since the 1900's. I realized to turn it into a condominium development would hurt job and this economy. So I determined to sell the property to the State of Florida through Trust for Public Lands and the Florida Forever program. It was at that point my problems with regulatory agencies became unbearable. Later I found all the regulations that came against me where to force me to sell the whole property. This push was by public record enacted by Dan Tonsmier, Joyce Estes, and the Apalachicola Riverkeepers. By admission of Chris Byrd, Michelle Forte, and Tom Franklin of DEP these individuals called daily demanding DEP close down my restaurant. Also an article came out in the Apalachicola Times newspaper stating the State acted at the urging of the Riverkeepers. Also the attached letter shows that the Riverkeepers head Dan Tonsmier had long wanted to acquire this property. This is a clear case of using a State Agency to gain a personal end.

The personal cost of this usage of the DEP by these individuals has crippled my business and ability to provide jobs for this area. The Restaurant was a meeting place for the Franklin County Seafood Workers Association and an asset to them. It was demanded of me first of all to rebuild the sewage collection system on the side of the property I was keeping. I paid Jim Stidman Engineer $25,000 and ended up paying $ 230,000.00 in fees. This included $105,000.00 to Eastpoint Water and Sewer just to connect the Restaurant. I know of no one else in this area that was charged such a fee. I was told plainly that if I did not pay the fees by Hank Garret of EWSD that I would lose all my property.

Then after only receiving 4 million of a promised 6.6 million from the State in may of 2009 at the urging of the same individuals my restaurant was closed by DEP. Had I not worked hard at it they would have also closed my Motel. I was cited by DEP in May 2009 with a $10,000.00 penalty assessment. I paid $30,000.00 to an attorney to represent me to no avail. So as you see there is this and even more I and my business have been subject to. I believe you as Governor can help to revitalize this business and jobs in this area. It is my hope we can discuss these things personally at your soonest convenience.

It is my hope with your help we can revitalize this area through business and jobs. It is also my hope you can begin that task by aiding in the re-opening of my restaurant and investigation into those agencies and people who have used that system against our business .



Respectfully submitted,

Robert D. Allen

 


Business Revitalization and Employment

in Eastpoint, Florida

Since Governor Scott's election I have tried to contact him by mail, e-mail, and phone. I understand the Governor has been very busy in his first months of office. I believe at some point either he or his staff will read my plea. Unfortunately by then it could be too late to help my business and the Eastpoint area. I have had despite everything a successful business for 37 years. I and my wife Edda have worked hard 24/7 as motels are always open in all seasons. Just maintaining a business in this economy is enough challenge. But add to that an outside pressure determined for you to fail and it seems impossible. Oddly enough the pressure began when I renovated my business to include a restaurant that would provide jobs for a community that has suffered economically. The Eastpoint Water and Sewer District demanded $5,500 dollars in 2002 because of the restaurant building which had been connected to water and sewer for years. I learned a lot about Special Districts and how they work. I made appeals to every agency only to find out only the Governor has control of them. I appealed to then Governor “Jeb Bush.” He answered back he did not like to get involved in the business of Special Districts. Long story short I paid them under duress. But they were not content and sent agents from DEP and the local health Department to harass me. I spent more time and money complying with their every demand than I did running the business.

Again in 2007 I thought I was doing a good thing that only seemed to aggravate those who wanted my business to fail. After turning down 25 million from developers during the development craze after “Hurricane Dennis” in 2005 I decided to sell the southside of my property to the State of Florida. I did this because of the Oyster, Crabbing, and Sportfishing community here which employs 80% of Eastpoint. I did it so they could always have free access to the property. I did it so the Seafood Industry here could get a vote of confidence and hopefully boost their and my economy. It seemed to me a sensible and good decision. But then through thick and thin I have always supported the Seafood Industry and especially the Franklin County Seafood Workers Association. I sold my property through the Trust for Public Lands and donated $600,000 to them. I was initially told I would receive 6.6 million for the property but when it was said and done I received less than 4 million. The reason it was less is due to the same people who came after me in 2002. A group serving their own purposes I do not fully understand. I was forced by Eastpoint Water and Sewer to meet their demands or my property would not be sold. I had no choice but to meet their demands as I and my wife meant to use this money as a retirement pension. But now I have no choice but to keep working.

The documents verifying my payment to Eastpoint Water and Sewer are included below. They at that time were using the DEP as their own private police and through them forced me to replace a sewage system which was not broken and approved. I was forced to pay a lien which I did not even know about as I considered it paid years ago. But when you have insiders in local government you can get a lot done. Especially if it benefits the causes of that local government even though they claim they have no say so or jurisdiction over the Eastpoint Water and Sewer District. On November 15, 2007 at a District meeting the lien was brought out and I owed $25,649. 52. That is sizable but the NEW connection fee was astronomical. Had I not been selling the property such a sum would have bankrupted my business. But of course they knew that.I was charged $80,000 dollars for a permit to hook up the restaurant. They figured the restaurant at a rate equal to 18.18 residential hook-ups. I know for a fact no ther restaurant in Eastpoint or anywhere else was equal to 18 residential hook-ups.

So the grand total was $105,782. 33. But, again under duress I paid it for all the right reasons: To keep business in Eastpoint and to support the local Seafood Industry. But that was in December of 2007 when DEP demanded I totally redo my sewage system at my own cost for engineers and materials. The same people were not done by any means and no doubt worked tirelessly to again use the DEP in 2010.

A “Consent Order” was issued against the restaurant in January of 2010. The compliance it demanded was again a large amount of money and what amounted to the tearing down of my business. Again I sought to appeal to authorities and hired an attorney to defend me. The attorney cost $30,000 dollars total by the time we were finished. For that amount all that was accomplished was at last I knew who was pushing DEP and demanding DEP do something. Dan Tonsmier had been involved in the sale of the property as was Joyce Estes. Joyce Estes had been a Board member of EWSD until going to work as president of the Northwest Florida Water Management District. Dan Tonsmier who holds a Realtors license worked 26 years for NWFWMD and wrote the Surface Water Improvement Management. These people in conjunction with the Franklin County Commission in 2002 decided to put me out of business. This is not “Conspiracy Theory” but an affirmed and publicly announced fact. Chris Byrd and Tom Franklin of DEP affirmed in mediation meetings they were acting because they received multiple calls weekly. An article which is attached from the local newspaper told plainly who was doing the calling. Recently Alan Pierce the County Planner was videotaped stating DEP was investigating me. Two days later I received a “Petition for Enforcement” from DEP.

It is difficult at 73 years old to fight to keep a business going. I and my wife fought through 4 hurricanes and recently the oil spill.

Although I complied to the best of my ability to their demands I am persuaded unless someone comes to my aid this harassment will only continue. So, with this means at my disposal I send out my plea for help. If you are not Govenor Rick Scott who I worked for to get elected you are receiving this because “he” has not yet answered. I worked for Rick Scott because I believed he would aid businesses such as mine in these hard economic times. Everything he has done tells me he wants to keep all his campaign promises. So I am asking everyone this is sent to first of all to: Get this to Rick Scott. Second I ask any and all agencies to investigate what has been forced on me by other agencies. If I have unfairly named anyone I would like to know. Third I ask that any agency do all they can to help me to get my business opened back up and to help me to regain those finances unlawfully taken from me by using the law for personal interest.

Thank you

Bob Allen