Last updated on July 22, 2021
Belleair’s Bona fide private golf courses
If, in fact, Belleair’s two private golf courses Bona fide private clubs? They’re allowed to discriminate legally. The First Amendment to the U.S. Constitution protects private clubs. Even the Civil Rights Act of 1964 contains an exemption for private clubs in their membership activities. Specifically, the Act “shall not apply to a private club or other establishments, not open to the public. Private membership clubs don’t have to comply with ADA regulations except when they open their facilities to the general public.
Legal discrimination by private clubs allows them to exclude directly or indirectly through membership rules. Women, African Americans, Catholics, Jews, and other demographic classifications.
However, this legal discrimination may seem unfair. I completely agree private clubs have the right to discriminate and should be allowed to do so as long as they don’t receive federal or state assistance.
What I don’t agree with is allowing a Bona fide discriminatory private club. Having a direct link on the Home Page of Belleair’s Town government website to the Pelican.
Don’t local governments and their websites have a responsibility to protect and prevent us from unlawful discrimination? How can a town duty-bound to unbiased? Be associated with a discriminatory private club? And if they aren’t obliged to be unbiased. Why wouldn’t the BBC have a link to their website?
I believe it is a serious impropriety and the appearance of a conflict of interest.
Forget the facts. Belleair purchased the golf course in 2013 from Mr. Osborne’s windfall. The golf course was immediately cash positive. Then Belleair officials voted unanimously agreed to a 10-year lease of the Belleview Biltmore to Green Golf.
In 2016, mayor Katica noted Belleview Biltmore Golf Club golf course turned a profit, paying the town about $192,000, which included rent of $40,000 per quarter and a percentage of its profits.
After awarding Green Golf Partners the lease and before the ink dried. Town Manager Micah Maxwell announced. The Doyle’s cold-called on him with an unsolicited offer for the Biltmore. With little fanfare or resident’s participation. Belleair’s the Mayor, Town Managers, Town Commissioners, and board members. Unanimously approved the Belleview Biltmore Golf Club sale to Pelican Golf LLC.
I’m reasonably sure I’m correct. Since the sale, Belleair residents had received only their share of property taxes from Pinellas County. I believe zero for 2016/17. However, $15,670.36 for 2018 – $15,896.74 for 2019 and $33,475.00 2020. That $130,000 less than Belleair generated in 2016.
While Town Commissioners unanimously approved every request made, Pelican Golf LLC. No Town Commissioners ever recuse themselves even though their actions on occasions had the appearance of a conflict of interest.
If it’s OK, I would like to delve into a bit more detail. Please pardon my lengthy response:
We’re all familiar with the first incident involving Commissioner Tom Kurey. Commissioner Kurey sent a letter to Mr. Gray Schafer (Florida Commission on Ethics) dated July 8, 2019 in which he asked some questions related to his relationship with Dan Doyle, Sr and Dan Doyle, Jr. However, there was a key OMISSION in the statement to the Ethics Commission by Commissioner Kurey. He stated that the house he sold to Dan Doyle, Sr., was “In my opinion, the purchase price represents the approximate fair market value of the property.” Simple math produces these facts: Commissioner Kurey purchased the house in question for $365,000 on April 6, 2018 and subsequently took out a Town of Belleair permit for $235,000 worth of renovations. He later sold the property to Mr. Doyle, Sr., for $1,650,000 on July 17, 2019. The Pinellas County appraiser deemed this transaction as “Unqualified”. Keep in mind Commissioner Kurey has voted for all Pelican improvements and has even flown on Doyle’s private jet to golf destinations.
The second incident involves Commissioner Karla Rettstatt and her ongoing relationship with the Doyle family and her subsequent employment by the Doyles and their privately owned Pelican Golf Course. She had previously served as Town Commissioner from April 2004 to March 2010. She later reintroduced herself in Town matters by founding the Belleair Foundation to promote improvements in Belleair. The initial funding of the Foundation was by the Town and Dan Doyle, Sr. There soon followed a Town wide solicitation for additional funds. At her behest, a number of parks and boulevards were upgraded. One of Commissioner Rettstatt’s accomplishments was the renovation of Magnolia Park and the eventual re-naming of the park as the Dan Doyle Sr. Park. This park is strategically placed across the street from a vacant lot purchased by Commissioner Rettstatt in September 2015.
Following her election as Commissioner in March 2015, she has been involved with Mr. Doyle, Sr., in an increasing number of Town activities. His firm, Dex Imaging, has sponsored a number of community events. In some instances, he has also given funds to the Town for a variety of capital items. Over the years, Commissioner Rettstatt has promoted Mr. Doyle’s interests.
The most serious issue occurred after the Town of Belleair purchased a golf course to prevent the Ades Brothers from constructing single family homes on the golf course property. The Town then hired a golf management company, and was pleased with the renovations, increased play, outside events and a revenue stream to the Town approaching $90,000 annually. In early 2016, it was announced that Dan Doyle, Sr., had offered to purchase the Town of Belleair’s golf course. At the February 16, 2016 Commission Meeting , a Purchase and Sale Agreement was formally presented to the Town by Mr. Doyle and his associates dba Pelican Golf Course LLC.. Commissioner Tom Shelly stated that the Town should request an appraisal of the property before agreeing to the sale. Commissioner Rettstatt spoke in favor of the sale and moved approval of the sale to Mr. Doyle, Sr. without the inclusion of an appraisal. At a later party commemorating the service of Micah Maxwell, our outgoing Town Manager, Commissioner Rettstatt publicly stated how proud she was to have negotiated the sale of the golf course to Dan Doyle, Sr., and Dan Doyle, Jr.
Questions:
1. Why was there not a public bid process instituted for this property owned by the Town? Why was it ramrodded through without full public vetting?
2. Did Commissioner Rettstatt negotiate this sale without the Town Commission ’s prior knowledge or approval?
Upon further review, The Town decided to have an appraisal of the property. The appraisal came back with a higher value. The appraisal was $3,800,000 versus the $3,500,000 offered by Mr. Doyle. At a public meeting, Commissioner Rettstatt OPINED that the Doyle offer was reasonable and he should NOT have to pay the higher price. The Mayor and other members of the Commission prevailed by determining that the appraised value should be the selling price.
Subsequent to this completed sale, Commissioner Rettstatt voted on numerous items concerning the golf course, its development plan and ordinance variations required by the Doyles.
In the fall of 2017 it was determined that Commissioner Rettstatt is a Manager of the Doyle owned golf course, now publically identified as the Pelican Golf Course. From that date she continued to vote on golf course matters without any attempt to recuse herself. Not until the Commission meeting of April 2, 2019, when major variances were proposed for the golf course such as motel-like units and an expanded footprint, did a citizen raise the question of the Town Commission about the potential conflicts of interest by Commissioner Rettstatt. The citizen questioned the Town Attorney David Ottinger at length, citing chapter 112.313 and asking why he wasn’t protecting the Town, its citizenry and the Commissioners from conflicts of interest. Attorney Ottinger stated that he saw none. When the question was put to him about the necessity of recusal for Commissioner Rettstatt, Attorney Ottinger said there was no need. (See August 26, 2019 Tampa Bay Times article) After the meeting the Town Attorney Ottinger approached the citizen and said there was no need for recusal as there was no money paid directly to the Commissioner. The citizen raised the question of Commissioner Rettstatt’s employment with a business governed by the Town and the subsequent appearance of impropriety. There was no further comment.
Apparently having given the matter additional thought, David Ottinger, the Town Attorney, contacted the Florida Commission on Ethics and was apparently advised that Commissioner Rettstatt should recuse herself from matters governing her employer – Mr. Dan Doyle, Sr. and The Pelican Golf Course. We do not have any public pronouncement or any record of the Town Attorney contacting the Ethics Commission. We can only surmise that it happened because of the following events. At the July 16th meeting and the August 8th meeting of the Belleair Town Commission, Commissioner Rettstatt recused herself from voting. There was no public explanation. In fact, David Ottinger, the Town Attorney announced the fact that Commissioner Rettstatt would recuse herself. The recusal forms she filled out indicate that Commissioner Rettstatt’s recusal is because of her employment by Mr. Doyle at the Pelican Golf Course.
Earlier this spring, Commissioner Rettstatt began building her new home across from Doyle Park with the construction company owned by Mr. Doyle. This construction company is also served as the General Contractor on the Doyle’s Pelican Golf Course.
While we have no way of knowing whether a contract or a hand shake agreement exists between the Town of Belleair and the Doyle family doing business as the Pelican Golf Course, However, we do have the following questions and observations:
1. Access to the Pelican Golf Course maintenance facility is via the Town of Belleair’s water treatment facility and public works property in a Shared Use Agreement (9-14-18)
2. The Town of Belleair has a 50% usage of a tree trimming truck purchased by the Doyles.
3. The Pelican Golf Course does have a contract with the Town of Belleair Police Department to secure the facility at night and to prevent any persons from trespassing on the golf course property. (This places the Town of Belleair Police Department in the unenviable position of telling Belleair residents that they cannot step foot on the golf course property anywhere). In addition, the police Chief Rick Doyle is a member of the club.
3. The Town of Belleair’s main potable water supply wells are located on the private property of Pelican Golf Course. We have no way of knowing to what extent the Town of Belleair is in jeopardy.
Fortunately, Rettstatt decided not to run. Unfortunately, she put up her puppet regime of two unqualified candidates that were heavily funded by the Doyles that will continue to promote her ideas like the petition to change the town charters.
As a resident of Belleair I’m very angry. Feel free to reproduce this letter to the editor.