From the August 2008 E-Bulletin

Eagles Nest Area Viewing Platform Access Work Stopped

Work was to begin the week of August 25th on installing an eagles nest and habitat observation point and path to it, in the Eagles’ Nest Area (ENA).  The work was halted under a threat by several  homeowners to seek legal action.  One wrote the LMA suggesting they would “seek a "Work Stop Order."

As of September 1 there are indications one or more eagles may have returned to the ENA.

The issues and the arguments are complex.  The Eagle explores them fully, with links to original documents, correspondence and e-mails on the page you are now viewing. We urge reading the complete report and drawing your own conclusions rather than just this brief summary.

As you read this material each link in blue will take you to the source document for your personal review. Click "BACK" on your internet browser to return to this location.

The basis of all issues is paragraph 29 of the Landings Documents.  It defines what the original developer would and would not permit to be done with The Eagles’ Nest Area.

Parts of it are open to interpretation. Some believe it is unchangeable and unchallengeable, others believe it can and should be altered to make the area more accessible for all Landings property owners to enjoy.

Most Landins with whom The Eagle has spoken believe the first step – the one delayed the week of August 25 - opening the observations platform and beginning the process of removal of exotic and noxious plants, is within the parameters established in paragraph 29 as it now written. 

The homeowner’s group was represented on the committee making the recommendations but remain opposed to those recommendations.   Their opposition is based on their intractable requirement no work should proceed without an LMA long term, irrevocable commitment to supporting their view, in their words, “PARAGRAPH 29 MUST BE RECOGNIZED AND ENFORCED.”

The LMA has already passed an opportunity to seek matching funds this year from the County for some of the remediation work until the paragraph 29 issues can be resolved.  However, feeling the current efforts are clearly permitted under paragraph 29 they had approved going ahead with the initial steps.

Those steps are now on hold!

Bottom Line: implementation of an Eagles Nest observation platform and path, unless it is started soon, may not be available to residents this season.

The Eagle's Commentary and Editorial Opinion

   It appears eagles have returned to the Eagles’ Nest Area (ENA). Pending expert opinions it may or may not be possible  to build a path to a viewing platform  yet this season.  

   Work on this project was scheduled to begin the week of August 25, but postponed because of objections and threats to take legal action by a small group of homeowners along the perimeter of the ENA. Their threat can best be summarized as wanting no improvements made to the area unless the LMA signs a legally binding document to enforce in perpetuity paragraph 29 of the Landings Documents. (And by implication never authorize any further modifications to the area).

   By turning this matter into what some might call a "filibuster of delays" Landin's viewing of the eagles and their habitat could be prevented for a second year. Such viewing is a privilege actually authorized by paragraph 29.

   We urge the LMA to authorize completion of this plan even if it cannot be started immediately. Authorization should call for completion as soon as possible under guidance from appropriate authorities. The LMA should call an end to these delaying tactics.

   For discussion purposes potential work in the ENA can be divided into 5 parts, 4 currently in the planning stages. The is fifth long term, controversial and for which there are no proposals on the table.

  I  The building of a viewing platform and path to it, spray approximately 10,000 sq. ft.  to eliminate poison ivy and other vines causing damage to the habitat. .

   II  Removal of weeds. vines plants and trees not native to Florida, currently running rampant  and according to informed experts doing damage to the area.

   III  2009 replanting with appropriate plantings, including trees.

   IV  2010 replanting with appropriate plantings, including trees.

  V  Any future use for which there are no proposals or plans in place.

   Time urgency, for the sake of these comments, is limited to Part I, with parts II, III & IV not far behind. It should be made clear there is no authorization, nor current planning for part V.  That is a matter left open for future discussion and probably debate.

    The work should go ahead on part I for a very specific reason: The eagles and their habitat should be available to all 702 Landings property owners and their guests. Without entry to the ENA the nest and habitat are visible only from the back yards of a few lucky homeowners.

    Those opposing the work, who want to hold progress hostage to long term strict adherence to paragraph 29, would be hard pressed to find phase I, and quite likely II,  III, & IV  violate paragraph 29. 

   Perhaps realizing this, they are now trying to halt it on economic grounds. 

   The total cost of phase I is $4,650. Phased II, III & IV are estimated at $24 -30,000 over three years, half of which $12,000 could well be covered by Sarasota County grants, if complaints from a handful of homeowners don’t thwart efforts to obtain the grant money.

    While no quid pro quo exists nor is one intended it must be noted the total cost to residents of phases I – IV could be far less, by at least half, than the $50,000 all 702 property owners paid to improve drainage behind some of the very homes arguing against, or at least stalling the viewing platform project.

    Other long term uses for the ENA are not an issue in this LMA decision nor this editorial.  If there are other appropriate uses suggested for the future and Landins care to discuss them, or their propriety under paragraph 29, so be it!  But it should not be a factor in this decision.

    Today it is simply a question of providing a viewing platform, in conformance with paragraph 29, so all Landins can share the beauty and wonder of the eagles’ habitat and secondarily remediation of the area to Florida standards.

    Ask your LMA board to approve moving forward.

IPS