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Highlands Today

County Admits Report Was Missing From Files

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By JIM KONKOLY

Highlands Today

Published: January 29, 2009

SEBRING - In a response filed this week to Preston Colby's public records lawsuit against Highlands County officials, Ross Macbeth, county attorney, admitted to one allegation in the lawsuit.

Colby claimed in his lawsuit that the county planning department made two different staff reports on a rezoning request in mid 2005, one recommending approval and one recommending denial.

But, he claimed in the lawsuit, when he made a public records request and viewed the zoning case file, there was only one staff report, the one recommending denial.

"Defendants admit the allegations of paragraph 16 of the complaint," Macbeth wrote in his response to the lawsuit.

That paragraph in the lawsuit states: "...when Plaintiff (Colby) was allowed to inspect Planning and Zoning Hearing 1807 the only staff report in the file in the care, custody and control of JP (Jim Polatty, county director of development services) was a staff report recommending denial of the rezoning change."

However, Macbeth said in his response, copies of both staff reports on the rezoning were given to Colby on Oct. 31, 2008, by Gloria Rybinski, county public information officer.

The county complied with the state public records law by producing both staff reports, Macbeth said in his response.

Colby's lawsuit claims that Polatty "denied knowing about any 'favorable' staff recommendation on this matter and denied that any such public record existed."

Polatty could not be reached for comment on Wednesday.

The issue raised in the lawsuit concerns a request to rezone 14 acres on Sparta Road from agriculture to R-2, which allows duplex and single-family homes. On July 12, 2005, the Highlands County Planning and Zoning Commission voted 6-1 to recommend rezoning to R-1, which allows only single family homes.

On July 26, 2005, the county commissioners denied the rezoning request.

In October of that year, the property owner resubmitted a request for that property, asking for R-1 single-family zoning, and it was approved by the commissioners.

On the original rezoning request, Polatty did revise the staff report to recommend denial, and pointed this out at the July 26, 2005 county commission meeting, Macbeth wrote in his response to the lawsuit.

Macbeth's filing denies Colby's allegation that county Commissioner Guy Maxcy improperly intervened and "influenced" Polatty to change the staff recommendation from favorable to unfavorable for the initial rezoning request.

Colby's lawsuit claims that Polatty "held a meeting with County Commissioner Guy Maxcy, and (then) County Administrator Carl E. Cool during which Commissioner Maxcy unlawfully influenced JP (Polatty) to 'change' the staff report to deny the rezoning change."

Maxcy strongly denied that charge when he learned of the lawsuit.

"Absolutely, I have never, ever done that, never have and never will," Maxcy said on Jan. 7. "I have never consulted with anybody with the county to get something changed."

Maxcy called the allegation "totally ridiculous" and added, "I didn't have any personal meetings with anybody on that issue."

When the lawsuit was filed, Colby said facts surrounding the rezoning will come out as the lawsuit proceeds.

"That's what we have discovery for," he said on Jan. 7. "Whatever happened will come out in discovery from witness testimony."

The lawsuit is pending in the Circuit Court of the Tenth Judicial District.

Highlands Today reporter Jim Konkoly can be reached at 863-386-5855 or e-mail jkonkoly@highlandstoday.com

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