From: | "Schnapf, Lawrence" <Lawrence.Schnapf@srz.com> |
Date: | Wed, 9 Sep 2009 17:55:16 -0700 (PDT) |
Reply: | cpeo-brownfields |
Subject: | Re: [CPEO-BIF] Dunedin and Tarpon Springs, Florida |
and there are academic studies that show that whatever stigma there is quickly dissipates once a cleanup plan is announced....... -----Original Message----- From: brownfields-bounces@lists.cpeo.org [mailto:brownfields-bounces@lists.cpeo.org] On Behalf Of Lenny Siegel Sent: Wednesday, September 09, 2009 7:39 PM To: Michael.Goldstein@akerman.com Cc: brownfields@lists.cpeo.org Subject: Re: [CPEO-BIF] Dunedin and Tarpon Springs, Florida Michael, Thanks for the background. I find it ironic that in some locales, such as New York City, developers and the city prefer "Brownfield" over "Superfund" because it supposedly does NOT carry the stigma. My experience in Silicon Valley suggests that whatever stigma is associated with contaminated property doesn't come from a government label. Instead, it derives from the contaminated or blighted condition of the property. To the degree that labeling helps repair that condition, it overcomes the stigma. Lenny Michael.Goldstein@akerman.com wrote: > First a clarification is in order. The columnist refers to the EPA > Brownfields Program as "offering tax incentives, grant funds, > low-interest loans and employee training for developers willing to build > in areas designated a brownfield." This particular laundry list of > incentives for sites located in a designated Brownfield Area is correct; > however, the government entity offering them is the State of Florida, > not EPA. > > That said, the larger point the columnist makes is spot on and > underscores what has historically been a steep learning curve - and > persistent source of resistance - in Florida for both private sector and > public sector actors thinking about putting a toe in the Brownfields > arena. More specifically, although environmental professionals here have > long been promoting the Florida Brownfields Program as an effective way > to, in the words of the columnist, "spark a new wave of economic > redevelopment" and "eliminat[e] urban blight in commercial and > industrial areas," inexperienced local governments and developers cite > the fear that a "Brownfields label" would lead to further market > dysfunction as a principal basis for staying on the sidelines. > > While there has been no empirical study of whether and, if so, precisely > how and to what extent properties that have been formally designated a > Brownfield in Florida (i) suffer some measure of diminution in value, > (ii) have a more difficult time obtaining financing (or financing at > market rates), or (iii) are marginalized or rejected by end-users, the > weight of experience among Brownfield practitioners throughout the state > strongly suggests exactly the opposite. What the marketplace has > actually taught us since enactment of Florida's Brownfields Program in > 1997 is this: The Brownfields designation accelerates the recycling of > contaminated property and turbocharges a project's ability to attract > any combination of equity, debit, investors, residents, and tenants. The > designation and the processes that follow provide a level of comfort and > assurance that state and local environmental regulators will be > institutionally invested in the project, that local government officials > will utilize all of the planning and economic tools and resources at > their disposal, that credentialed and serious legal and engineering > professionals will be engaged, that the cleanup will proceed on a smart > and predictable schedule, that development and construction will be > subject to innovative and cutting-edge design methodologies, and that > the risk of exposure to be liability will be managed in a sophisticated > and effective manner. > > The line in the column that resonates most deeply - "A bit of stigma > over a designation no one will remember should not deter these cities > from getting hundreds of thousands of dollars in redevelopment funds" - > also rings extraordinarily true, notwithstanding the issue that some > observers take with the notion that the designation creates even "a bit > of stigma." If there is stigma, it's in the underlying contamination or > perception of contamination (among other criteria) that triggers the > eligibility for designation in the first instance. The designation, on > the other hand, is the delivery vehicle for the financial and regulatory > incentives, the private capital, and the expedited permitting (among > other benefits) that create the initial catalyzing effect and launch a > project towards rehabilitation and reuse. In short, the designation is > neither manifestation nor exacerbation of market dysfunction; rather, > it's a swift first step towards prompt environmental cleanup and > successful economic revitalization. > > Finally, yes, local governments should, as the columnist concludes, "act > quickly" to get their fair share of federal and state grant programs and > other economic incentives because the marketplace in Florida has also > taught this lesson: Private capital chases the flow of public funds, and > the powerful leveraging effect created by the combination of public and > private money is the single greatest factor in establishing the > feasibility of a Brownfields redevelopment project. > > -M > > Michael R. Goldstein, Esq. > Akerman Senterfitt > One Southeast Third Avenue, 28th Floor > Miami, FL 33131 > Direct Line: 305.982.5570 > Direct Facsimile: 305.349.4787 > Mobile Phone: 305.962.7669 > michael.goldstein@akerman.com > > "Recycle, Reuse, and Restore Environmentally Impacted Properties: > Rebuild Your Community One Brownfield at a Time" > > > Michael R. Goldstein, Esq. > Akerman Senterfitt > One Southeast Third Avenue, 28th Floor > Miami, FL 33131 > Direct Line: 305.982.5570 > Direct Facsimile: 305.349.4787 > Mobile Phone: 305.962.7669 > michael.goldstein@akerman.com > > "Recycle, Reuse, and Restore Environmentally Impacted Properties: > Rebuild Your Community One Brownfield at a Time" > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > <http://www.akerman.com/> > www.akerman.com <http://www.akerman.com/> | Bio > <http://www.akerman.com/public/attorneys/aBiography.asp?id=619> | V Card > <http://www.akerman.com/public/attorneys/vcard.asp?id=619> > > > CONFIDENTIALITY NOTE: The information contained in this transmission may > be privileged and confidential information, and is intended only for the > use of the individual or entity named above. If the reader of this > message is not the intended recipient, you are hereby notified that any > dissemination, distribution or copying of this communication is strictly > prohibited. If you have received this transmission in error, please > immediately reply to the sender that you have received this > communication in error and then delete it. Thank you. > > CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS > regulations, we are required to advise you that, unless expressly stated > otherwise, any U.S. federal tax advice contained in this transmittal, is > not intended or written to be used, and cannot be used, by any person > for the purpose of (i) avoiding penalties under the U.S. Internal > Revenue Code, or (ii) promoting, marketing or recommending to another > party any transaction or matter addressed in this e-mail or attachment. > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > -----Original Message----- > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > From: brownfields-bounces@lists.cpeo.org > [mailto:brownfields-bounces@lists.cpeo.org] On Behalf Of Lenny Siegel > Sent: Tuesday, September 08, 2009 5:13 PM > To: Brownfields Internet Forum > Subject: [CPEO-BIF] Dunedin and Tarpon Springs, Florida > > What's a little contamination among friends? > > COLUMN BY MARK SCHANTZ > SUNCOAST NEWS (FL) > September 5, 2009 > > What's a little contamination among friends, especially when it means > millions of federal tax stimulus dollars being available to local > governments and area developers? > > Cities like Largo and Clearwater have already utilized the Environmental > Protection Agency's Brownfields Redevelopment Grant Program to > revitalize their depressed areas, by providing economic incentives to > developers and business owners. These grant funds can spark a new wave > of economic redevelopment eliminating urban blight in commercial and > industrial areas. It can help property owners repair and redevelop > buildings. > > The Dunedin City Commission is considering declaring its downtown > community redevelopment district and other parts of its city a > brownfield. The designation would be a great fit in Tarpon Springs, > which badly needs to attract developers and spark economic redevelopment > downtown, at the Sponge Docks and along the Pinellas Avenue corridor. > > ... > > For the entire column, see > http://suncoastpinellas.tbo.com/content/2009/sep/05/pi-whats-a-little-co ntamination-among-friends/ > > -- > > > Lenny Siegel > Executive Director, Center for Public Environmental Oversight > a project of the Pacific Studies Center > 278-A Hope St., Mountain View, CA 94041 > Voice: 650/961-8918 or 650/969-1545 > Fax: 650/961-8918 > <lsiegel@cpeo.org> > http://www.cpeo.org > > > > _______________________________________________ > Brownfields mailing list > Brownfields@lists.cpeo.org > http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org > -- Lenny Siegel Executive Director, Center for Public Environmental Oversight a project of the Pacific Studies Center 278-A Hope St., Mountain View, CA 94041 Voice: 650/961-8918 or 650/969-1545 Fax: 650/961-8918 <lsiegel@cpeo.org> http://www.cpeo.org _______________________________________________ Brownfields mailing list Brownfields@lists.cpeo.org http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org ***************************************************************************** U.S. Treasury Circular 230 Notice: Any U.S. federal tax advice included in this communication was not intended or written to be used, and cannot be used, for the purpose of avoiding U.S. federal tax penalties. ***************************************************************************** NOTICE This e-mail message is intended only for the named recipient(s) above. It may contain confidential information that is privileged or that constitutes attorney work product. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachment(s) is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by replying to this e-mail and delete the message and any attachment(s) from your system. Thank you. ============================================================================== _______________________________________________ Brownfields mailing list Brownfields@lists.cpeo.org http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org | |
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