Volusia County, FL. Joins the Fight Against Wal-Mart

Volusia joins fight against Wal-Mart [Daytona beach News Journal (Fla.)]

Volusia County is joining the state Department of Community Affairs and a citizens group in a legal battle against Putnam County’s plan for a Wal-Mart distribution center across the rural county line.

Volusia filed a petition Thursday to intervene on the side of the Department of Community Affairs, which last month rejected Putnam’s land-use change for the center, according to court documents.

Frank Bruno, Volusia County chairman, said he hopes the petition will pressure the state department to order the 1.1 million-square-foot Wal-Mart moved from its planned location off two-lane U.S. 17.

And if the state and Putnam settle their differences, Volusia could find itself aligned with the citizens group fighting Putnam and the state, officials say.

The citizens group, Lake Crescent Citizens for Responsible Growth, was pleased that Volusia would bring its expertise and resources into the litigation to fight Wal-Mart.

“It’s refreshing to see a county government actually looking out for the interests of residents in rural areas,” said the group’s lawyer, Michael Woodward.

State officials told neighboring Putnam County on Oct. 18 it could not go forward with plans for the Wal-Mart until county officials clarified how they would pay for needed road upgrades. Wal-Mart is expected to put hundreds of added trucks onto U.S. 17, and up to 80 percent of that traffic is predicted to head south into Volusia County.

Volusia County Councilman Andy Kelly said those traffic impacts, added to all the damages to the road, the environment and issues with urban sprawl, should give the Department of Community Affairs a reason to agree with Volusia County.

“I don’t think the DCA is going to roll over and say this is not a traffic issue,” he said. “You’re not talking merely numbers; you’re talking weight and road damage.”

But Putnam County officials say there is a good chance they will reach a settlement with the Department of Community Affairs before the case makes it to a hearing, and at that point Volusia County would be fighting Wal-Mart and the state.

Putnam officials simply forgot to add that they plan to use a $2 million grant from the Office of Trade, Tourism and Economic Development to pay for road upgrades, and, if that doesn’t cover it all, Wal-Mart will pay for the rest, Putnam County Administrator Rick Leary said.

Leary was uncertain whether Wal-Mart had already agreed to front the $2 million for the grant to Putnam County.

However, that grant money is still coming out of taxpayers’ pockets to pay for Wal-Mart’s road needs, Woodward said.

“Wal-Mart and the county have been a little coy about who is really going to be paying for this, but it’s going to be the taxpayers at some point,” Woodward said.

“They may be taking it out of the left hip pocket or they may be taking it out of the right hip pocket, but it’s clear taxpayers are going to be the ones ponying up the money to put this distribution center in a place it isn’t supposed to be.”

By filing within 21 days of the department’s finding that a land-use change to allow the “South Putnam Distribution Warehouse Planning Area” does not comply with state growth-management laws, Volusia County and the citizens group are able to be a part of all negotiations, discussions and court proceedings, said Jon Peck, Department of Community Affairs spokesman.

Peck said if the department settles with Putnam County and, therefore, goes to court against Volusia and the citizens group, both sides would argue before an administrative law judge at the Department of Administrative Hearings.

The case could go to court sometime between mid-December and mid-January, unless a judge grants an extension, Peck said.