Valparaiso: Lawsuit Settled
GUEST COLUMN (for NWF Daily News)
Valparaiso, Lawsuits, and Eglin F-35 Basing
Question: What would have been the result IF…………..The City of Valparaiso had not sued the Air Force last year over the Eglin F-35 Final Environmental Impact Statement (FEIS)?
Answer: The Air Force would have gained tacit approval to base, and fly, up to 107 F-35 aircraft from the 2 runways at Eglin Main. Without “pushback”, Ms. Kathleen Ferguson, Deputy Assistant Secretary of the Air Force for Installations, could have merely chosen one of the 2 very similar FEIS basing Alternatives for implementation in her Record of Decision (ROD) last February. The Air Force could have then proceeded on with that approval, and Valparaiso would have experienced devastating consequences as a result of the high intensity overhead aircraft traffic and dramatically increased noise.
Those who disagree with the lawsuit cite two arguments:
1. Valparaiso sued prematurely and should have negotiated with the Air Force instead. However, those people are ill-informed, as the National Environmental Protection Act (NEPA) process does not allow for negotiation per se. The process works like this: The government submits a proposed plan for public review, explaining the environmental impacts, and (hopefully) listens to the feedback. The FEIS WAS the Air Force’s proposed Eglin F-35 basing plan and it laid out in excellent detail what would happen if there were no objections to it and one of its 2 Alternatives was implemented. The separate, DOD funded Joint Land Use Study (JLUS) used noise data from the FEIS and concluded that over 35 % of Valparaiso, a predominantly residential community, would be rendered unsuitable for residential use! The US Government documented ramifications of the FEIS Alternatives were clearly catastrophic and demanded strong reaction. The City merely responded to the federal government’s published data!
2. The second argument against the lawsuit is that it is a waste of taxpayer money and would bankrupt the City. On the contrary, the lawsuit was fiscally responsible for both the City AND its individual homeowners when the possible outcomes are considered. Let’s say that, as a result of the FEIS implementation, the market value each Valp home dropped a VERY conservative $25,000. With assessed value at about 75% of market value and with about 1650 homes in Valp that’s a drop in taxable property value almost $31 million. At the present 4.16 mil Valp property tax rate, the City would incur a yearly tax loss of about $129,000. Actually, a “per home” decrease in value of several times this $25,000 figure is more likely, multiplying the City’s revenue losses. The City will fairly quickly recover its short term legal costs when weighed against the long term property tax losses. At the same time, individual Valp homeowners would be left to watch the majority of their life savings, wrapped up in their possibly unsellable home, melt away.
Rather than being the “Buffoons” that the newsmedia and other local politicians have made them out to be, the Valparaiso Mayor and Commissioners rightly ascertained the dire consequences of the FEIS for their citizens and City. They SPOKE UP in the only language that would guarantee a meaningful government response……the lawsuit. These leaders, paid only a token $1.00 per year, did the right thing for their constituents and have endured great public and personal stress as a result. By the way, the lawsuit simply said that the Air Force had not properly followed the NEPA law by proposing only 2 similar F-35 basing Alternatives in the FEIS. It merely requested more Alternatives be investigated. Air Force Pentagon management subsequently agreed and, as a result, a Supplemental EIS (SEIS) is presently studying at least 18 Alternatives. This time, there are other basing sites within the Eglin AFB Range, such as Duke Field, being considered. The Draft SEIS is due out for public review later this spring.
I submit that Valparaiso DID, in effect, negotiate with the Air Force through its lawsuit, requesting additional Alternatives to a completely unsatisfactory FEIS. Our officials have done exactly what we elected them to do……Manage the City in a responsible manner and Protect the rights and property of their citizens.
Robert Webb is a retired Eglin Civil Service engineer and a 35 year resident of Valparaiso
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Eglin’s F-35 fighter program takes hit
Travis Griggs tgriggs@pnj.com
August 30, 2009 19:24 PM
As a dispute between the U.S. Air Force and the town of Valparaiso continues, the military has reduced the number of F-35 Joint Strike Fighter jets that it initially will bring to Eglin Air Force Base.
The Air Force initially planned to bring more than 100 Joint Strike Fighter aircraft to the base. But officials last week lowered the initial number to 59 and said plans for the remaining aircraft will be determined later.
The Joint Strike Fighter is a next-generation fighter aircraft that is currently entering production.
In March, Air Force officials broke ground on a new facility at Eglin, which will serve as the primary training location for F-35 Joint Strike Fighter pilots and maintainers.
Col. Arnold Bunch, vice commander of the Air Armament Center at Eglin, said the decision does not limit Eglin to 59 planes. But he said it will allow Air Force officials time to “take a more holistic look” at where the additional aircraft should be stationed.
Many community leaders support the economic boost the program will bring. However, other officials in Valparaiso, which is right outside the base’s east gate, have expressed concern that increased noise from the program could hurt property values and make some areas unfit for residential zoning.
At a meeting earlier this month, Valparaiso Mayor Bruce Arnold announced the city would not sign an Okaloosa County-commissioned land use study, which recommended Valparaiso take action to ensure its land is compatible with the mission at Eglin.
Valparaiso officials objected to recommendations in the study that the city consider long-term plans to rezone residential land near the end of one of Eglin’s runways and restrict future development in those areas.
“If Valparaiso can’t let people build or live in this landlocked city, what are we going to do?” Valparaiso attorney Doug Wyckoff said.
“Those other communities have been pretty cavalier in their attitude that Valparaiso should bite the bullet. The (study) recommends that the Air Force voluntarily acquire property. If you take the noise contours that they’ve got … that wipes out 40 percent of the city.”
Okaloosa County Growth Project Coordinator Jeff Fanto said Valparaiso would not be bound to comply with the study’s recommendations if town officials signed, and the study’s goal was to help establish a cohesive plan for the future of the community.
“The whole idea is to bring all parties to the table,” Fanto said. “What it leads to are a set of recommendations to mitigate potential conflicts between the military and communities.”
He said the study was done under the guidance of the Department of Defense and is required to secure federal funding to help communities coexist with military bases.
Fanto said Valparaiso officials have participated in the study since it began in 2007, and he was disappointed by their decision not to sign it.
“We’re trying to keep them as a part of our process, but they have to determine that they want to be part of it,” Fanto said. “Some of the recommendations in there are tough calls for the elected officials to make as they’re looking at the future of their community.
“But we thought it was time for them to start to consider what the future of Valparaiso is going to be.”
Bunch said construction on the project has not been interrupted, and base officials have increased community outreach efforts.
“We have made a conscious effort to communicate with the community and take deliberative measures to communicate not only with Mayor Arnold, but also with members of other surrounding communities,” Bunch said.
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Judge dismisses one Val-P lawsuit
Mona Moore
2009-07-23 19:36:01
VALPARAISO — A federal judge has dismissed the city’s Freedom of Information Act (FOIA) lawsuit against the Air Force.
U.S. District Judge M. Casey Rodgers, who denied the Air Force’s motion for a dismissal in April, dismissed the case Wednesday.
Rodgers reserved the power to reinstate the case if either side filed a motion within the next 60 days.
“I’m elated that we’re all talking around the table to try to solve the problems,” said Valparaiso Mayor Bruce Arnold. “I hope this follows through with the big case.”
In addition to the Freedom of Information Act lawsuit, Valparaiso also has sued the Air Force over its decision to bring 59 F-35s to Eglin Air Force Base and use its runway nearest Valparaiso.
Negotiations in that case are under way.
“The dismissal of the FOIA lawsuit is a reflection of the cooperative efforts between the Air Force and the City of Valparaiso,” Col. Arnie Bunch, vice commander of Air Armament Center, said in an e-mail. “As we continue the Supplemental Environmental Impact Statement (SEIS) process, we will continue to communicate with not only the City of Valparaiso but all of the Emerald Coast communities.”
In the settlement, the Air Force agreed to give Valparaiso all of the noise data collected on the Joint Strike Fighter within 30 days of the settlement’s signing by both parties. That date is Aug. 19.
Valparaiso commissioners plan to use the information to determine the possible effects of the new training mission on the city.
“We were talking about, some time ago, hiring a noise expert to review the data and I think that’s the path that we’ll probably take,” Arnold said.
Judge dismisses one Val-P lawsuit
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The decision comes after the Air Force agreed to turn over F-35 noise data to the city
July 23, 2009 7:32 PM
Mona Moore
Daily News
VALPARAISO — A federal judge has dismissed the city’s Freedom of Information Act (FOIA) lawsuit against the Air Force.
U.S. District Judge M. Casey Rodgers, who denied the Air Force’s motion for a dismissal in April, dismissed the case Wednesday.
Rodgers reserved the power to reinstate the case if either side filed a motion within the next 60 days.
“I’m elated that we’re all talking around the table to try to solve the problems,” said Valparaiso Mayor Bruce Arnold. “I hope this follows through with the big case.”
In addition to the Freedom of Information Act lawsuit, Valparaiso also has sued the Air Force over its decision to bring 59 F-35s to Eglin Air Force Base and use its runway nearest Valparaiso.
Negotiations in that case are under way.
“The dismissal of the FOIA lawsuit is a reflection of the cooperative efforts between the Air Force and the City of Valparaiso,” Col. Arnie Bunch, vice commander of Air Armament Center, said in an e-mail. “As we continue the Supplemental Environmental Impact Statement (SEIS) process, we will continue to communicate with not only the City of Valparaiso but all of the Emerald Coast communities.”
In the settlement, the Air Force agreed to give Valparaiso all of the noise data collected on the Joint Strike Fighter within 30 days of the settlement’s signing by both parties. That date is Aug. 19.
Valparaiso commissioners plan to use the information to determine the possible effects of the new training mission on the city.
“We were talking about, some time ago, hiring a noise expert to review the data and I think that’s the path that we’ll probably take,” Arnold said.
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