Sarasota News Leader

07/04/2013

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Sarasota News Leader July 4, 2013 On June 10, representatives of the Friends of Warm Mineral Springs Neighborhood Alliance — identified in legal papers as "a group of property owners /taxpayers and/or residents of the City of North Port and/or Sarasota County" — filed a legal complaint asking the 12th Judicial Circuit Court to compel the City of North Port and Cypress Lending to produce public documents the group had sought through a public records request on May 13. Among the information the group seeks is the following: • A list of repairs and maintenance actions that have occurred on the property since Dec. 2, 2010, following the city/county purchase of the resort. • A copy of all cleaning supplies used on the premises since Dec. 2, 2010. (A May 16 email response from city staff, included in the complaint, says, "The City is in possession of no such documents." • What has been done to comply with requirements regarding remediation of the hazardous waste on the property. "Specifically," the May 13 public records request said, "the parties desire disclosure of the steps that have been taken to comply with the recommendations of the Florida Department of Environmental Protection [FDEP)] issued in correspondence dated 18 Nov 2010 …" Page 42 each city commissioner, the city manager and the city attorney at a regular commission meeting. • An accounting of the funds received by Cypress Lending for operating the premises, including the number of visitors and a breakdown of the admission fees paid, along with an accounting of all expenses. In a July 1 email to County Administrator Reid, Delp wrote, "Bioluminescence Institute, Inc. (aka Dive Back In Time) has had a continuous presence on the WMS property since 1999 producing and providing breathing gases (AIR, NITROX, TRIMIX and USP grade Oxygen) as well as dive safety support personnel. These products and services have been provided at no charge to properly authorized and certified dive teams that were and are required to conduct underwater reconnaissance and photo documentation of the conditions existing in WMS." He added that the Springs "is considered a high exposure/technical diving environment," primarily because of its depth, overhead geology and the water temperature, which is about 87 degrees. The email says the firm has approximately $100,000 of breathing gas production and storage equipment on the property "in a secured structure affectionately known as the Col. The May 16 email from North Port staff Royal Dive Shack." says, "The City is not in possession of the Finally, Delp pointed out, "I would like to referenced FDEP document." remind you that there are sites within the However, Bill Delp, one of the plaintiffs, re- [300-foot] protected boundary that are likely sponded to that email, saying he personally human burial locations … so you can incorhad hand-delivered the FDEP documents to porate this fact into your planning." %

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