Keeping America's Wetlands Safe
The Tampa Tribune
Published: April 5,
2008
Congress
this month is considering legislation
that would ensure the survival of the
Clean Water Act, one of the nation's
most successful environmental laws.
Several recent court rulings have
undermined the law, raising questions
about whether its protections apply to
wetlands not directly connected to
navigable waters. And the Bush
administration has seemed eager to
retreat from the guidelines that have
been in place since the law was created
in 1972.
Protecting only wetlands directly
connected to navigable waters would
jeopardize key watersheds that filter
and store water, and sustain fish and
wildlife, particularly waterfowl.
Consider: Conservationists estimate
about 30 percent of Florida's streams
and 800,000 acres of wetlands could be
lost if federal agencies only protect
water accessible to boats. About 59
percent of the nation's streams would
lose protection if the government goes
with the narrower interpretation.
The Clean Water Restoration Act would
affirm the bill's original intent: To
protect all waters of the United States,
not just those next to shipping lanes.
William Ruckelshaus, who headed the EPA
when the law was adopted, confirms that
was the original law's intent.
The bill is designed to conserve
natural resources, prevent pollution and
avoid public clean-up costs. It deserves
strong bipartisan support.
|
Keep Mine Approvals Local
Orlando Sentinel editorial -
In Tallahassee, the phrase "home rule
authority" is practically a punch line for
any number of bad jokes. Year in and year
out, state lawmakers think nothing of
infringing on the authority of local
governments when it suits their purposes.
So it should come as no surprise that
legislators, either for the sake of
expediency or at the behest of special
interests, are considering a handful of
bills that would restrict the ability of
counties to have a say in the permitting of
mining operations.
The issue is of special relevance now
because a massive limestone mining operation
has been proposed in Levy County. The King
Road Mine would dig up nearly 10,000 acres
of land, impact more than 1,000 acres of
wetlands, withdraw 7.5 million gallons of
water a day from the ground and add 1,000
vehicle trips daily to Levy roads. It will
require both federal and state approval.
The mining operation would create new jobs
and economic opportunity in Levy, but it
also raises substantial water use,
infrastructure and quality-of-life issues.
And because the mine could be in operation
for 100 years, it is reasonable to argue
that Levy residents and local officials
deserve to have some formal say in the
permitting process.FAST-TRACKING PERMITSBut
one bill in the Florida Senate would give
counties just three months to decide on
mining permits. Another would eliminate
local approval altogether if the proposed
site is already designated for mining or
even assessed as mining land.
State Sen. Mike Bennett, sponsor of that
latter bill, told The Gainesville Sun
recently that his legislation is necessary
because of the rising cost of
road-construction materials. For
expediency's sake, in other words. But that
seems a lame excuse for gutting a local
government's land-use authority.
"We feel like local government provides an
added layer of environmental protection to
their communities," Cragin Mosteller, of the
Florida Association of Counties, said last
month.
Mining operations tend to be large, noisy,
disruptive operations that have a measurable
impact on their host communities. It is
inappropriate for legislators to tell local
officials and residents that the process of
mining approval is none of their business.
Hillsborough Needs Administrator To Push
Hard For ELAPP
The Tampa Tribune
Published: April 5,
2008
Hillsborough
County Administrator Pat Bean insists
she supports continuing the county's
program to buy environmentally valuable
lands.
But she's been strangely reluctant to
take the steps necessary to keep the
conservation effort going after it
sunsets in January 2011.
Supporters would like to hold a voter
referendum on extending the
Environmental Lands Acquisition and
Protection Program - or ELAPP - in
August, but Bean put a stop to a poll
that would have gauged public support.
"We've bought over 48,000 acres,"
Bean told the Tribune's Mike Salinero.
"At a time when people are struggling to
put food on their tables, struggling to
pay their property taxes, do we ask them
for more money to keep buying land?"
That doesn't sound like someone who's
enthusiastic about keeping more
woodlands, shorelines and river
corridors in their natural state.
The poll might have told Bean that
the public is more enlightened about the
value of land conservation than she
thinks. Without question, Hillsborough
residents are frustrated with sprawling
development, traffic and water shortage
problems.
No one is suggesting an increase in
the slight levy that funds land
preservation. The goal is to get voter
approval to extend the program another
10 years. If levied at the full
quarter-mill, the program costs about
$50 a year for a $225,000 house with a
homestead exemption. Since it's levied
at .2219 mills now, the figure is only
$44.
That's a pittance to pay for
preserving the area's rapidly
disappearing natural lands
and avoiding
the high costs - traffic, water
shortages, crime, pollution - that
taxpayers bear when these tracts are
paved over.
Bean also frets that with the county
focused on spending more than $500
million on transportation projects,
streamlining the budget and other
issues, her staff doesn't have time to
create a campaign.
"We've got time ... what's the
necessity of doing this in August?" she
asks. She would prefer to hold the vote
in 2010. "We don't want to move too
fast. We don't have a team put together.
We don't have a strategy."
But why wait for the program to reach
its final months before re-upping it?
Doesn't good planning require knowledge
about future resources?
A team and strategy could be
developed if ELAPP were a priority.
Citizens groups led prior campaigns. And
they didn't face a hard sell, either.
Voters have overwhelmingly supported the
program in two prior votes.
ELAPP has been a smart deal for
taxpayers. It allows the county to
maximize its purchasing power by
partnering with a state and even a
federal program. Over 20 years, the
program has spent about $187 million on
43,600 acres in the county, but $76
million - or 40 percent - came from
other sources.
Citizens essentially run the program.
A committee of volunteers oversees its
policies. A group with environmental
knowledge helps select sites and a group
with real estate expertise helps oversee
the negotiations. Public hearings are
held throughout what's been a
scandal-free process.
The program even helps developers,
increasing the value of surrounding
lands.
Despite its success, many significant
wilderness tracts in Hillsborough remain
threatened. The citizens' group has
identified another 44,000 acres that
should be protected.
Bean seems to want to minimize the
need to save these lands by
characterizing them as "disturbed."
Portions of some have been farmed or
ranched. But if being "disturbed" by
humans disqualifies a wilderness for
preservation, then little of Florida's
natural lands, including most of its
state parks and the Everglades, would
have been saved.
Perhaps Bean is right that with the
economy in trouble, now is not the best
time for the vote. But the poll she
squashed would have made that clear.
No poll is necessary to realize that
rapidly urbanizing Hillsborough badly
needs a land preservation program - and
a county administrator committed to its
preservation.
Approved State tax and budget
ballot proposals at a glance
WATERFRONT TAXES:
Marinas, commercial fishing facilities
and other "working waterfront"
businesses would get a property tax
break by being assessed according to
their current use rather than their
"highest and best," or potential use.
- CONSERVATION
EXEMPTION: Land held in perpetuity for
conservation purposes would be exempt
from property tax.
- CONSERVATION
ASSESSMENTS: Other conservation lands
would be taxed based on their current
use rather than their "highest and
best," or potential, use.
Everglades take a hit from GOP in
House
Published Friday, April 4, 2008 7:37
PM
Until House Republican budget writers
were handed sharp pens last month, land
preservation and Everglades cleanup
enjoyed enduring bipartisan support in
Florida. Now, as far as the House budget
is concerned, preservation is
yesterday's news.
House leaders are casting their
decision to delete the entire
$500-million allocation for Florida
Forever land-buying and Everglades
cleanup as an agonizing choice in a
difficult budget year. But state revenue
has dropped by 7 percent, not 100
percent, which suggests that
belt-tightening is not the only
motivation.
House Speaker Marco Rubio has
publicly questioned the state's role in
environmental regulation, even hinting
recently that the Department of
Environmental Protection could be
abolished. His chamber's proposed
budget, aside from the cuts to
land-buying and Everglades cleanup,
would also remove $175-million from
trust funds designed to support
environmental causes.
The Everglades portion already has
caught the attention of Congress, which
agreed in 2000 to share cleanup costs.
"Florida's congressional delegation has
been outspoken in support of ...
increased federal funding," a bipartisan
congressional group wrote to Rubio. "We
believe that if the state ... now
chooses to stop funding its share of
this historic agreement, it will
undermine the ability to secure federal
funding now and in the future."
The Senate is unlikely to agree to
the House's radical approach on the
Everglades and land conservation. But
the House Republican proposal should not
be easily forgotten. It speaks to an
ideological opportunism and an
environmental hostility that voters
might want to remember in the fall.
Orange, Seminole GOP bosses in $8M
land tussle
As the suing persists, can Orange
and Seminole chiefs unite the party?
Rene Stutzman
Sentinel Staff Writer
April 5, 2008
In a normal election year, the
Republican Party chairmen of
Orange and Seminole counties would
be working together to elect a slate
of Republican candidates.
This year, though, Orange's Lew
Oliver and Seminole's Jim Stelling
are at war in court, fighting over
an $8 million land deal that has
fallen apart.
One of Stelling's companies bought a
70-acre Oviedo plant nursery in
2006, intending to develop a housing
subdivision.
Oliver served as Stelling's lawyer
and helped put together the deal. He
also formed a partnership with other
investors and lent Stelling's
company $1.7 million, the down
payment plus closing costs,
according to court and land records.
Stelling later discovered that the
property was so tainted with arsenic
that it could not be developed.
In November, Oliver's company sued
Stelling and his development company
in circuit court in Orlando,
demanding repayment of the $1.7
million.
The case turned ugly last month.
That's when Stelling and his
company, Metro Orlando Development
Group LLC, filed court papers
accusing Oliver and his partners of
being loan sharks. The loan by TG&O
Holdings LLC, was illegal, according
to those pleadings, because it
charges more than 100 percent
interest.
That same paperwork accuses Oliver's
law firm, Granet and Oliver PLLC --
the one that handled the land
purchase -- of being sloppy. It
failed to dig up information about
how much arsenic was in the soil,
according to those pleadings.
Those allegations are false, Oliver
said, but because he's the lawyer
who helped put together the deal, he
can't talk about it. If he did, he'd
be disclosing attorney-client
secrets, he said.
"It's very awkward," Oliver said.
The important thing, he said, is
that he has done nothing wrong.
Stelling would not discuss the
dispute.
Despite the allegations, both men
say they can work together for the
GOP.
"I would say that we're good
friends," Oliver said.
Said Stelling, "Lew is a dear
friend."
Able to work together?
At a GOP gathering in Palatka three
weeks ago, Oliver voted to send
Stelling as a delegate to the GOP
National Convention in
Minneapolis-St. Paul in September.
"I take for granted that my duties
and obligations for the party, as
well as Jim's, will be unaffected,"
Oliver said.
Is it a good thing to have two
county chairmen engaged in an ugly
court fight, one accusing the other
of unethical and illegal business
practices?
"If I were a Republican inSeminole
County or
Orange County, I'd be a little
worried that the county chairs
wouldn't be able to play nice and
work together," said Aubrey Jewett,
associate professor of political
science at the
University of Central Florida.
But they may be able to, he said.
Much of the work done by county
chairmen is within the counties they
serve, he said.
State Sen.
Lee Constantine, R-
Altamonte Springs, represents a
district that includes both Orange
and Seminole counties.
"It's not unique for county party
chairmen to dislike one another," he
said. "Inside the political parties
and the political-party structure,
there's a great deal of infighting."
Still, he predicted Stelling and
Oliver, longtime political veterans,
would work hard to support GOP
nominees.
Who knew what, when?
The 70 acres at the center of the
dispute, formerly Gateway Gardens
Nursery on Oklahoma Street in
Oviedo, is vacant. Stelling's
company had planned to transform it
into Hammock Reserve, 240
single-family homes and town homes.
In June, Stelling's company sued the
seller, Charles H. Cox of
Winter Park, accusing him of
keeping secret how serious the
arsenic problem was.
Cox would not comment, but in
paperwork filed by his attorney he
alleges he provided Stelling's
company with plenty of details,
including a chart that makes clear
arsenic levels exceeded state
standards and that Stelling's
company would need to clean it up.
Last week, Stelling's company gave
up that legal fight. Its attorney,
Damon Chase, said the two sides had
settled but would not discuss their
terms. Neither would Stelling.
Still pending, though, is Cox's
counterclaim. He had lent Stelling's
company $6.5 million -- everything
but the down payment -- to finance
the land purchase, according to
county land records. In court
pleadings, Cox alleged that
Stelling's company was in default.
Cox has asked a judge to sell the
land at a public auction at theSeminole
County Courthouse. He also has
asked that Stelling's company pay
his $48,000 in attorney fees.
Stelling's partner in Metro Orlando
Development is hisSeminole
County GOP prot�g� Chris
Dorworth, 31, of Heathrow. Dorworth
was elected to the Florida House in
a special election Nov. 6.
The very next day, Oliver's holding
company filed suit, alleging that
Metro Orlando was in default of the
$1.7 million loan. The suit names
Metro Orlando as well as Stelling
and Dorworth. The two men and their
wives personally guaranteed the
loan, according to court records.
Dorworth would not answer questions
about the dispute. But by e-mail, he
said he looks "forward to the day we
are vindicated in court."
Rene Stutzman can be reached at
rstutzman@orlandosentinel.com or
407-324-7294.
3 Orlando-area lakes new
battleground in water-source
struggle
David Damron
Sentinel Staff Writer
April 5, 2008
Opening a new front
in Florida's water wars,
Orange County and
St. Cloud are
fighting with state
officials over proposals
to draw water from a
trio of lakes in the
ecologically sensitive
Kissimmee River
basin.
The lakes that the two
Central Florida
governments are seeking
to tap into help make up
the headwaters for
Florida's
Everglades. Some
environmentalists fear
that siphoning from them
might hinder billions of
dollars in
public-restoration
projects in the massive
South Florida swampland.
As a result, state water
managers refused both
requests for drawing a
combined 12 million
gallons of lake water
daily, asking each
government to wait for
studies to show it would
cause no harm.
Frustrated local leaders
say they're only
following state
directives to look to
rivers and lakes to ease
the strain on the
Floridan Aquifer.
Orange County
recently set aside a $1
million war chest to
fight the battle over
lakes Hart and Mary Jane
in southeast Orange. St.
Cloud, meanwhile, is
seeking to draw water
from East Lake
Tohopekaliga just south
of the Orange lakes.
Environmentalists say
the legal fights waste
taxpayer funds that
could be better spent on
conservation efforts and
further erode shaky
accords on regional
water sharing.
'Battle lines'
"They've chosen to draw
battle lines," said
Charles Lee,
advocacy director for
Audubon of Florida, an
environmental group.
"Their action is the
antithesis of the
cooperation we need.
They want to go to war
and spend money on
lawyers."
Lee conceded, however,
that a key problem is
the mixed signals being
sent by the state. The
St. Johns River Water
Management District
based in Palatka is more
open to drawing water
from rivers and lakes,
he said.
But the
South Florida Water
Management District
in
West Palm Beach is
taking a more cautious
approach. It's the South
Florida district that
Orange and St. Cloud are
challenging.
The fight mirrors a
dispute between Central
and Northeast Florida
over drawing water from
the north-flowing St.
Johns River.
Jacksonville and several
nearby communities are
teaming up against that
proposal, saying it
would harm the river and
its wildlife.
In the latest conflict,Orange
County wants to draw
7 million gallons a day
from canals tied to
lakes Hart and Mary Jane
in southeast Orange. It
would mainly go to
supply the Orlando
Utilities Commission
with water for its new
power-plant-cooling
tower due to open in
2010.
In refusing Orange's
permit, South Florida
district officials said
it's too soon to know
whether the drawdown
would harm the lakes and
other nearby wetlands
and water bodies. They
questioned whether
lower-quality water
sources are available,
such as treated
wastewater, to supply
the cooling tower and
for irrigation needs.
Orange Utilities
Director Mike Chandler
said that's not what the
district said just
months ago.
"You told us there's
water here," Chandler
said. "Now you're saying
there's no water."
Orange County, which
serves about 180,000
customers, is just one
of the regional
utilities that pumps
nearly a combined
half-billion gallons a
day from underground.
Looking for sources
But regulators warn that
by 2013, different
sources must be tapped.
That's why local
governments were told to
look to the Kissimmee
River basin and, to the
north, the St. Johns
River.
"This is the direction
we were pointed in,"
said Todd Swingle, St.
Cloud's utility
director.
St. Cloud wants about 5
million gallons a day
from East Lake
Tohopekaliga, mainly for
irrigation. District
officials refused the
request, and like
Orange, St. Cloud is
asking for a state
hearing to overturn the
decision.District
officials say they have
not misled local
governments about where
to get future water.
Instead, Orange and St.
Cloud, along with other
major regional
utilities, agreed last
year to work together on
future needs and wait
for research on how much
can be safely drawn from
the basin, they said.
There is a bigger
picture at stake,
district officials say.
It's vital to ensure the
Kissimmee River
Restoration Project, a
$578 million partnership
with the U.S. Army Corps
of Engineers, is not
hurt by lake
withdrawals, they say.
That system flows south
to Lake Okeechobee and
on to the Everglades,
where a separate
restoration effort is
costing billions of
dollars.
"Orange
County is an entity
that seems confused"
about the process, South
Florida district
officials said in a
statement on the lake
permit.
Vote Could Change Dade
City Priorities
By
JEFF SCULLIN
The
Tampa Tribune
Published: April 5, 2008
DADE CITY - The
political mantra of
"change" is being
chanted here, of all
places, where small-town
traditions are both a
way of life and a
commodity.
Those who talk about
politics in Dade City -
and that seems to be
just about everyone
these days - are
painting Tuesday's
municipal election more
as a referendum on the
course the city should
be following than as
three separate city
commission races.
Change is inevitable
and already is under
way. The city manager
and police chief are
new, and with Mayor
Hutch Brock choosing not
to seek re-election, the
new city commission will
elect someone else to
fill that largely
ceremonial post. More
importantly, with three
of the commission's five
seats up for grabs,
there's a chance the
priorities of city
government could shift.
All this is happening
at a critical time. The
city is facing at least
a $300,000 drop in
revenue, thanks, in
part, to the tax-relief
amendment Florida voters
approved in January.
Civic leaders want to
make sure recent
vacancies downtown don't
sap Dade City's strength
as a tourist draw, and
the city's wish list -
including a new city
hall and upgrades to an
aging utilities system -
is growing.
"Our city is at a
crossroads,"
Commissioner Steve Van
Gorden, one of two
incumbents on the
ballot, said during a
candidates forum last
month.
Van Gorden, 32, cites
his experience as a
school administrator and
on the commission in
dealing with an
increasingly tight
budget, which most
candidates say is the
biggest challenge facing
the commission. Van
Gorden is principal of
Hudson Middle School and
was elected to the
commission in 2004.
To balance the
budget, the city may
need to reorganize
operations, and some
workers may need to take
on additional
responsibilities, Van
Gorden said.
His opponent,
53-year-old Robert
Avila, a technology
service specialist with
Ricoh Corp., has yet to
publicly discuss his
ideas for dealing with
the fiscal problems the
city faces. He skipped
last month's candidates
forum and has not
responded to numerous
phone calls and e-mail
messages. In a news
release, Avila said his
focus is the "proper
spending of citizens'
tax dollars" and fiscal
responsibility. In part,
that means cutting back
on the "excessive" use
of consultants and
making sure the city
properly evaluates
property purchases,
according to his
release.
The other incumbent
up for election, Eunice
Penix, 67, faces an
opponent for the first
time after 14 years on
the commission. Like Van
Gorden, the retired
teacher said the
commission needs input
from residents to set
spending priorities.
With so many people
financially strapped,
the city needs to look
beyond taxpayers to fund
needed improvements,
such as recreation
facilities for youths.
Maybe local
philanthropists will get
together, donate land
and build it themselves,
she suggested at the
candidates forum. And
although Penix conceded
that Dade City's dirt
roads ought to be paved,
she said not everyone
wants to pay the
assessments to make that
happen.
"We can't tax, tax,
tax the citizens for
everything," she said.
"Citizens are already
taxed enough."
Her opponent, Osceola
Tavern owner Mike
Agnello, has stressed
fiscal responsibility,
despite running into
trouble last year for
not paying sales and
property taxes.
Commissioners need to
learn to live within
their means and to
"stretch a nickel" -
applying for federal
grants, for example,
that could pay to build
sidewalks and exploring
the possibility of
upgrading dirt roads
with gravel or lobbying
the county for more
tourist tax dollars.
On his Web site,
Agnello, 47, even
advocates renovating the
existing City Hall
rather than building a
new one as a cheaper
alternative.
"The first step is a
coat of paint," he says
on his Web site. "That
one initiative would do
wonders for the place."
The race to fill
Brock's seat pits local
businessman Curtis
Beebe, who led the
effort to recall
Commissioner Camille
Hernandez, against Jim
Shive, who ran
Hernandez's campaign in
2006.
In his campaign,
Beebe, a technology
consultant, has stressed
the need for the city to
live within in its means
and to involve residents
in setting priorities.
The city needs to do a
better job of educating
people about the issues
- maybe by improving its
Web site so people could
track matters from start
to finish, maybe by
changing the meeting
times so more working
people could attend,
maybe by sending out
mass e-mail messages
about important matters.
"We're going to have
to redefine the role of
city government if we
are going to live within
these constraints,"
Beebe, 45, said in an
e-mail. "I believe the
first step to addressing
the issue is to involve
more of the public, so
we have a clear
understanding of
priorities."
Shive, 50, a
utilities worker who was
fired in 2005 after 27
years with the city, has
made upgrading the
city's utilities, and
stormwater and drainage
systems, a focal point
of his campaign. In a
recent interview, Shive
also said the city needs
a full-time grant
writer, needs to spend
less on consultants and
must provide incentives
for businesses to move
here.
"This is a critical
time for the city," he
said.
Although Hernandez's
name won't appear on the
ballot Tuesday, she has
been a major factor in
the campaign. Candidates
fielded questions at
last month's forum about
how they would work with
Hernandez and try to
unify the commission.
Things have been
contentious since
Hernandez sent a letter
to Gov. Charlie Crist in
July accusing Brock and
former City Manager
Harold Sample of
corruption. That sparked
the recall effort Beebe
spearheaded.
That contentious
spirit has carried over
into the campaign, in
which candidates have
been dogged by
misinformation and
smeared by anonymous
fliers.
With so much at stake
for Dade City, though,
several candidates say
it's time to work
together.
"We need to have
unity in this town," Van
Gorden said at the
forum. "No matter who
wins this election, we
need to have unity."
THE CANDIDATES
Curtis Beebe
AGE: 45
FAMILY: Married,
three sons
EDUCATION:
Bachelor's degree,
University of West
Florida
OCCUPATION:
Technology consultant
RELATED EXPERIENCE:
Served on
planning commission and
the code development
review board; led the
recall effort against
City Commissioner
Camille Hernandez.
Jim Shive
AGE: 50
FAMILY:
Information unavailable
EDUCATION: Pasco
High School
OCCUPATION:
Utility Plan operator,
Hernando County
RELATED EXPERIENCE:
Spent 27 years
working for the city;
worked on the campaigns
of Hernandez,
Commissioner Steve Van
Gorden and Mayor Hutch
Brock.
Eunice Penix
AGE: 67
FAMILY:
Information unavailable
EDUCATION:
Information unavailable
OCCUPATION:
Retired teacher
RELATED EXPERIENCE:
Has served on
city commission since
1993.
Mike Agnello
AGE: 47
FAMILY: Married,
four children
EDUCATION:
Bachelor's degree,
Almeda University
OCCUPATION: Owner
of Osceola Tavern
RELATED EXPERIENCE:
Ran
unsuccessfully for city
commission in 2006;
member of the Dade City
Redevelopment Advisory
Committee and the Dade
City Charter Review
Committee.
Steve Van Gorden
AGE: 32
FAMILY: Married,
two children
EDUCATION:
Bachelor's degree,
University of South
Florida; master's
degree, Saint Leo
University
OCCUPATION:
Middle school principal
RELATED EXPERIENCE:
Elected to the
city commission in 2004.
Robert Avila
AGE: 53
FAMILY:
Information unavailable
EDUCATION:
Pasadena Community
College
OCCUPATION:
Technology service
specialist, Ricoh Corp.
RELATED EXPERIENCE:
None
Editor
Jeff Scullin can be
reached at (813)
779-4614 or
jscullin@tampatrib.com.
|
Fish
Beckon
Blacksmith
By
GEORGE
WILKENS
The
Tampa
Tribune
Published:
April 4,
2008
LAND
O' LAKES
- It's a
couple
of hours
past
sunrise,
and Dirk
Braak is
holding
court
beneath
the
trees at
a
community
stable
in Land
O'
Lakes.
A
lifelong
farrier
as adept
at
entertaining
customers
as he is
at
handling
half-ton
horses,
Braak is
shoeing
one last
animal
before
hanging
up his
apron
for
good.
The
self-employed
68-year-old
Plant
City
resident
could
call it
quits
whenever
he
wants,
but has
targeted
a
specific
date for
his
unceremonious
retirement.
"Yes
sir, I'm
done
April 8,
that's
40 years
to the
day that
I
graduated
from
horseshoe
school,"
said the
certified
journeyman
farrier
and
founding
president
of the
Florida
State
Farriers
Association.
Braak
pilots
his Ford
F-250
pickup
on a
circuit
covering
Hillsborough,
half of
Polk and
some of
Pasco
counties,
a
schedule
allowing
him to
visit
each
customer
every
six
weeks.
This
morning,
at Lake
Padgett
Estate's
community
stable,
Braak
amuses
the
crowd of
four
waiting
for
horses
to be
shoed or
have
hooves
trimmed.
"You can
discuss
politics
and
religion
because
you've
got a
captive
audience,"
Braak
quips.
He
touches
on those
two
traditionally
taboo
topics,
tells
some "of
my
daddy's
favorite
jokes"
and
offers
humorous
commentary
on
life's
little
problems,
like
traffic,
which is
why he
quit
serving
Pinellas
County.
It's
a sore
subject
in Pasco
County,
but
Braak
manages
to get
today's
group to
laugh
when he
announces
he
discovered
why
highway
construction
on State
Road 54
near
Interstate
75 is
moving
so
slowly:
"They've
pushed
all the
dirt
around
so much
they've
worn it
out -
and
they're
waiting
for a
new
shipment
to come
in."
Since
early
1975,
Lake
Padgett
has been
on
Braak's
route,
so he
serves a
stable
of
longtime
regulars.
"Dirk
always
has some
political
commentary
when he
comes,"
said
Cherie
Cunningham
as Braak
nailed a
shoe
onto
William,
a
quarter
horse
she has
owned
for five
years.
"And he
always
brings
jokes.
It's
never
boring,"
said
Cunningham,
a
retired
Hillsborough
County
schools
media
specialist.
Braak,
she
adds,
"is a
high-tech
farrier,
always
telling
me what
I should
check
out on
the
Internet."
He is a
wealth
of
information
about
all
things
equine,
right
down to
the
horse's
skeletal
system.
"He's
very
well
educated
in that;
he's no
country
bumpkin,"
said
Cunningham,
a
two-horse
owner
and
customer
since
moving
to Lake
Padgett
in 1981.
Braak
also
knows
the
horses'
names -
and
ailments.
"William
has had
a leg
injury
and is a
little
bit
contrary
about
his back
feet,"
Braak
explains
as he
gingerly
coaxes
the
15-year-old
former
cutting
horse to
raise
its
right
rear
hoof.
"Give me
your
foot,"
Braak
says
with
some
tenderness
in his
voice.
"You can
pick it
up this
high, I
promise."
Braak
learned
his
trade at
a
farrier
school
in
Martinsville,
Va. "I
wanted
to be a
farrier
real
bad" but
could
not
afford
the
dormitory,
he said.
He made
arrangements
to use
the dorm
bathroom
and, for
three
months,
slept in
the
topper-covered
bed of
his
pickup.
Interest
in the
ancient
trade
was
sparked
by the
findings
of a
two-day
battery
of tests
administered
in high
school
to
determine
Braak's
occupational
leanings.
"It came
out I
liked
work of
a
mechanical
nature
and
liked
working
outdoors,"
he said.
After
serving
in the
Navy, he
returned
to the
family
farm
near
Wilmington,
N.C.,
began
working
with
ponies
and
horses,
training
them,
opening
a
boarding
stable,
selling
tack and
feed.
"It
kind of
mushroomed
from
there,"
he said.
He chose
the
farrier
school
because
the
$1,200
tuition
was
almost
affordable.
He
laments
that
today's
farrier
education
methods
emphasize
speed
more
than
quality
work.
Although
Great
Britain
has a
five-year
farrier
apprentice
program,
"In
north
Georgia
you can
go take
a
two-week
course
and call
yourself
a
farrier."
Hold
Your
Horses
Braak's
four
decades
of
experience
have
spawned
a
farrier
creed,
of
sorts:
"You
have to
be a
self-starter."
"You
have to
have the
ability
to get
along
with the
horse,
and the
customer."
Be
courteous
to the
customer.
"Arrive
10
minutes
early so
you're
ready to
go" at
the
scheduled
time of
the
appointment.
Buy
quality
tools,
maintain
them
between
jobs
"and it
will
make
your job
a lot
easier."
"Sometimes
the
customer
has to
hold the
horse's
head
while
you
work, so
you've
got to
have a
good
line of
bull" to
entertain
them.
Like
any
other
business
that
endures,
Braak's
has seen
many
changes.
Rarely
does the
self-proclaimed
"simple
blacksmith"
need to
fire up
the
small
forge he
still
carries,
as
customized
horseshoes
are
mostly a
thing of
the
past.
"You
can go
to a
shoe
store
for
horses"
to find
virtually
every
size and
type
needed
for $20
to $35 a
pair, he
said.
In
earlier
days,
Braak
burned
coal in
his
forge,
an
understandably
hard-to-find
fuel in
Florida.
He
recalls
his
initial
search
for coal
when he
came to
the
Tampa
Bay area
in 1975.
In the
Yellow
Pages he
found a
Tampa
Coal Co.
listing
and
drove to
the
company's
downtown
office.
"Some
what?"
asked an
incredulous
employee.
"We
don't
sell
coal
here,"
only
gravel
and
decorative
rock for
the past
25
years,
Braak
was
informed.
"I guess
they ran
out by
the time
I got
there,"
Braak
said.
Braak
found a
source
in
Jacksonville
and
another
in
Marietta,
Ga. He
suspects
the
Georgia
mine
owner
sold
"bootleg
coal"
from an
operation
closed
by
federal
authorities.
Today's
forge is
propane
powered.
Birth
Of An
Association
Informal
regular
meetings
with two
other
Tampa
Bay area
farriers
led to
Braak
organizing
the
first
statewide
meeting
of what
became,
in 1976,
the
Florida
State
Farriers
Association.
Braak
served
eight
years as
president
and
remains
a member
of what
he said
has
become a
very
successful
nonprofit
group (www.FloridaStateFarriers.com).
Fellow
members
may be
interested
in
Braak's
farrier
tools,
some of
which he
says
have
antique
value. A
tool
sale is
planned
after
retirement.
"There's
some
fishing
in my
future,"
said
Braak,
who
makes
his own
rods.
"I've
got a
nice
boat I'm
going to
start
rigging
out to
go
fishing,"
starting
with a
vacation
at a
rented
waterfront
house in
Hernando
Beach.
He
and his
wife of
31
years,
Lee, a
designer
of
costumes
for
dancers,
live in
an
A-frame
the
couple
built in
1977 on
10 acres
off
Bruton
Road
north of
Plant
City.
Gardening
on the
property
will
absorb
some of
Braak's
time
during
his
fast-approaching
retirement.
For
now,
there
are
still a
few
horses
to be
tended
to.
After
affixing
"the
last
shoe of
my life"
to
Cunningham's
horse,
Braak
stops to
rest,
and
offers
his Lake
Padgett
customers
a final
quip:
"You
know,
it's
unprofessional,
but I'm
starting
to sweat
a bit."
Reporter
George
Wilkens
can be
reached
at (813)
865-4433
or
gwilkens@tampatrib.com.
Keyword:
Farrier,
to
listen
and
watch
Dirk
Braak at
work
with
horses
in Land
O'
Lakes.
|
Lakewood Ranch
envisions new 'heart'
Published Friday,
April 4, 2008 at
4:30 a.m.
MANATEE COUNTY —
Glenda Robertson, like
many Lakewood Ranch
residents, heads to
Sarasota and sometimes
Tampa when making her
big shopping runs.
She and other
residents here have
little choice. Lakewood
Ranch's current
commercial centers, such
as Main Street and San
Marco Plaza, offer
mainly boutique stores
and some upscale dining.
But in the coming
years Lakewood Ranch
plans to triple its
retail offerings by
building Lakewood Centre
-- billed as the
community's future
"downtown" -- located on
a 700-acre site at State
Road 70 and Lakewood
Ranch Boulevard.
Current plans call
for nearly 1.8 million
square feet of retail,
1.5 million square feet
of office space, 3,675
homes, 300 hotel rooms
and a 4.3-acre park.
Roughly 400 homes
will be priced as work
force housing.
Robertson, for one,
is all for the project.
"As the county grows,
I think we need to grow
with those needs," said
Robertson, who lives in
the Country Club
Village subdivision.
Schroeder-Manatee
Ranch, the developer of
Lakewood Ranch, gave its
first project pitch to
county commissioners on
Thursday. But the main
event will not come
until August, when
commissioners formally
consider the plan.
Lakewood Centre would
be the commercial
centerpiece of SMR's
planned development of
its now-vacant land
north of S.R. 70.
Todd Pokrywa, SMR's
vice president of
planning, predicted it
would eventually become
"the very heart of the
Lakewood Ranch community
and the
surrounding community."
Currently, all of
Lakewood Ranch has about
2 million square feet of
office space and 600,000
square feet of retail.
Unlike the specialty
shops currently
dominating the retail
scene, Lakewood Centre
will likely offer more
standard shopping fare:
big-box retailers and
other chain businesses,
according to SMR.
SMR has long planned
for extensive commercial
development in the area
once it became
economically feasible.
Despite the current
down market, SMR
planners now believe
that time is
approaching. The
master-planned community
currently has an
estimated population of
14,000 and is now
largely built out
between Interstate 75,
University Parkway,
Lorraine Road and
S.R. 70.
Another 8,000 homes
are planned for the
surrounding area.
The largest piece of
that is the 4,400-home
"Northwest Sector,"
development, which
commissioners approved
in November.
Lakewood Centre would
include an already
approved
60,000-square-foot
bowling complex near the
northeast corner of
Lakewood Ranch Boulevard
and S.R. 70.
The site of a stalled
hockey arena sits in the
middle of the property.
Though work on it
stopped in early 2005,
Schroeder-Manatee has
vowed to eventually
complete the
sports venue.
High Springs gives
least-intensive form of
commercial zoning to
lots near Winn-Dixie
By Michelle Stuckey
For The Herald
HIGH SPRINGS -- Ron
Dickson does not want a
gas station in his
backyard.
He does not want a car
dealership or a factory,
either.
Dickson and other
residents of the River
Run neighborhood spoke
out against large-scale
businesses near their
homes at the most recent
High Springs City
Commission meeting.
After hearing from the
residents, the
Commission passed an
ordinance allowing only
single- and
multiple-family homes,
offices, and other small
businesses to be built
on the empty lots across
U.S. 441 from Winn Dixie
in High Springs.
The city originally
recommended that intense
commercial activity be
allowed on the empty
lots that border the
River Run neighborhood.
During the discussion
about the project, Vice
Mayor Jim Gabriel said
that he would like to
see less intense
development there, but
he worried about what
the decision would mean
for the future.
“My only concern is that
a lot of times a really
good thing falls in your
lap and you find
yourself up against a
code,” Gabriel said.
Many residents asked if
the property, which
borders U.S. 441, had to
be commercial at all.
The homeowners of River
Run signed a petition
against heavy commercial
activity on the lots,
according to Todd
Treiber, River Run
Homeowners Association
president.
“Any kind of commercial
activity would be
detrimental to the
family environment,”
Dickson said.
Mayor Larry Travis said
that the decision to
change the lots from
agricultural to
commercial use was made
last year and could not
be easily changed.
“This is in the backyard
of people living there;
there is nothing between
that property and our
neighborhood,” Treiber
said. “It is our
preference to keep it
residential.”
According to the High
Springs land development
code, buffers are
required between
residential and
commercial lots.
“I think the people who
bought houses in (River
Run) bought with the
understanding that the
land around it would be
residential,” said Peter
Werner, a River Run
resident. “I know I
did.”
One of the lots being
rezoned is owned by Ford
Brewer, who said he
plans to make his 2.57
acres of land part of
Heritage Heights, a
planned townhouse-type
neighborhood.
Robert’s Land and Timber
owns the other lot.
Jeremy Miller, a
representative for the
company, said that he
would be happy with
residential zoning.
“We built River Run and
sold every lot,” Miller
said. “We take quite a
bit of pride in that.”
While the owners had
some ideas of what they
want to build on the
properties, the type of
zoning was ultimately up
to the Commission.
“This is our opportunity
to really shape what we
want to have happen on
this property,”
Commissioner Kirk
Eppenstein said.
This was the first of
two meetings to be held
about the zoning
designation of the lots.
Toward the end of the
meeting, one River Run
resident, Scott Jamison,
questioned whether the
Commission cared more
about tax dollars or
community environment.
“Talk is cheap,” Jamison
said. “How you vote is
your message to the
city.”
Both lots were
unanimously passed as
residential and small
business zones.
|
Is the 'green mansion' a
contradiction?
Published Saturday,
April 5, 2008 at 6:37
a.m.
Can a 14,000-square-foot
house really be green?
That's what one colleague
asked me, in no uncertain
terms, after last Sunday's
story, "Green Giant," about
the mansion that developer
Peter Laughlin built on
speculation on Sarasota Bay.
Actually, the house is
more like 7,500 square feet.
The ground floor is below
FEMA flood elevation, so it
doesn't count as
air-conditioned square
footage, although it does
boost the under-roof figure.
Still, my colleague
pointed out, it's one big
honking house, and unless a
platoon or a really large
family will be taking up
residence, just how green
can it possibly be?
I tried to explain that
it would not be economically
feasible to build a
2,000-square-foot house --
the size limit for receiving
points toward a
green-building certification
-- on a bayfront lot that is
worth $2 million. You'd have
to spend $1,000 a square
foot on the construction
just to bring the finished
property to a 50-50 ratio
between land value and
improvement value -- and
such properties are
difficult to sell,
especially on the water.
Small houses on the bay are
considered tear-downs.
Mansions are the order of
the day on the water, and
this one is priced at
$9,950,000 by Laughlin's
Luxury Lifestyles.
It may be really big for
two people, but at least it
has some legitimately green
features, such as spray-foam
insulation in the attic,
low-flow plumbing fixtures
and xeriscaping.
So the embarrassment of
space aside, that is better
than not being green at all.
"I believe the very first
step in building a green
home is to build it just the
right size for the way you
want to live," writes Sarah
Susanka in the foreword to a
new guidebook called "Green
Building Products" (New
Society Publishers, 2008,
$37.95). Susanka is the
architect who became
prominent in the
green-building industry
through her series of "Not
So Big" books, including
"The Not So Big House."
And people who live on
the bay or Gulf want to
live big.
Laughlin envisions the
house as ideal for one
well-known female athlete,
who currently has lots of
money but no husband or
children. Would such a buyer
need 7,500 square feet?
"It's a legitimate
question, but it's also a
matter of personal choice,
and that's why we live
here," said Debbie Smith,
whose company, Two Trails
Inc., advises builders on
green-building issues and
certifies structures
as green.
"Green is not a matter of
how big the house is.
Everyone wants to do their
part to save money and help
the environment. Our
philosphy is, we don't care
how big the house is -- we
can help them.
"If you're going to build
the house anyway, I want the
house to be as
energy-efficient
as possible."
Grading the waters
County's report card
is a plus for policymakers
and the public
Published Friday, April
4, 2008 at 4:30 a.m.
Sarasota County residents
soon will receive a report
card providing more
information and a wider
perspective on the health of
local waters.
The county already
deserves an "A" for effort
and attitude, no matter what
grade its watersheds earn.
Up to now, there has been
no clear way to measure the
overall health of Sarasota
Bay, Little Sarasota Bay,
Lemon Bay, Roberts Bay and
Dona Bay, or of the
wetlands, rivers and creeks
that feed into the bays.
Policymakers are
entangled in largely
unconnected statistics
compiled through a
good-faith effort to comply
with the federal Clean
Water Act.
The federal law has
achieved much to improve and
protect the nation's waters,
but regulators, policymakers
and the public often lack a
solid, broad measurement of
the impacts on
water quality.
Sarasota County is about
to put together a report
card based on a design by
William C. Dennison, a
professor and research
administrator at the Center
for Environmental Science at
the University of Maryland.
Dennison designed a
report card for the federal
Chesapeake Bay Program that
provides an annual
assessment. It is based on
13 indicators that show
whether progress has been
made toward goals set after
the previous report card.
With the information,
policymakers can prioritize
and choose which problems to
try to solve.
The Chesapeake Program's
second report card was
released Thursday, showing
that the bay's health, while
a little better than in
2006, is still far
from acceptable.
Sarasota County officials
are smart to shift to the
same sort of comprehensive
assessment. The holistic
philosophy and approach
should lead county officials
to cast a wide net when
looking for indicators of
environmental health.
For example:
The federal Sarasota Bay
Estuary Program has data
dating to the mid-1990s on
conditions in the bay and
surrounding waterways.
Measurements taken in
Manatee and Charlotte
counties and in other
communities in the region
could be useful.
Mote Marine Laboratory's
research on marine life such
as sea turtles, sharks and
red tide can indicate
environmental health issues
linked to waterways and
land-based activities.
The county also has
access to environmental data
compiled by the group
Sarasota County Openly Plans
for Excellence as part of
its Community Report Card.
Audubon Society members
conduct an annual bird count
-- another way of measuring
environmental health.
From this range of
information, Sarasota County
s can come up with an
easy-to-read report card
that will let policymakers
and the public know how
local waters are doing and
how to help them improve.
That's progress.
Liquid assets – that
aren’t
Published
April 4th, 2008
By John Johnston
Managing Editor
Commissioner Karen Marcus
looked quizzically at South
Florida Water Management
District (SFWMD) Service
Center Manager Fred Rapach.
Echoing the sentiments of
much “email,” Marcus asked
rhetorically:
“We’re in a drought, but
flushing water (out to the
Atlantic), and now I’m
paying more,” she queried?
Rapach said nothing, but
shrugged agreement.
The dialogue came during
consideration Tuesday by
Palm Beach County
commissioners of a 15
percent surcharge on current
water users – about 40,000
of whom live in western Boca
Raton and western Delray
Beach. The surcharge
would total a little more
than $5 per month for the
average customer.
Those same water users
are using less water, owing
to usage restrictions
imposed by the South Florida
Water Management District
(SFWMD) in March 2007.
Which leads back to the
rate increase. Because
the rate structure is based
on the presumption of
selling a certain amount of
water – and because those
sales are now down owing to
the SFWMD restrictions, “we
cannot maintain our assets
in a proper fashion, nor
continue to provide safe
water,” County Water Manager
Bevin Beaudet told
commissioners.
The county's utility has
lost more than $6 million
since SFWMD restrictions
were approved. Water
officials have estimated the
county could lose an
additional $8 million if
one-day-a-week restrictions
continue for a full year.
And County Administrator
Bob Weisman believes the
restrictions are going to
become “permanent.”
Rapach didn’t disagree.
“Silly”
At the same time, and
even though the SFWMD
continues to complain about
the level at Lake
Okeechobee, the county has
more than enough water to
serve its customers, said
Beaudet.
Bringing the matter full
circle finds the same water
users who are using less --
and who are about to be
charged more -- must also
watch as billions of gallons
of water are sent out to
sea, arguably to prevent
flooding.
The entire scenario “is
silly,” says Commissioner
Robert Kanjian – and in the
best tradition of
politics-makes-for-strange
bedfellows, picked up
agreement from Commissioner
Marcus.
Charging more money for
using less water boils (no
pun intended) down to the
reality that the county has
fixed costs associated with
debt service, operating and
maintaining its
infrastructure –and a
surcharge needed to offset
reduced water sales.
Pressed by Commissioner
Mary McCarty to “make it
clear” that the 15 percent
surcharge was a one-year
fix, Beaudet said his
department would submit a
new rate structure in 2009,
one that would be based on
infrastructure cost needs,
not based on usage.
“Studying It”
And despite calls from
Commissioners Marcus,
McCarty, and Burt Aaronson
for a more definitive plan
to reduce and eventually
eliminate shipping billions
of gallons out to sea --
while at the same time
proclaiming a drought and
imposing usage restrictions
-- no one offered any
solutions.
The SFWMD is “in a
quandary – we have no place
to store that water,” Rapach
said.
“We’re studying it,” he
added.
What was approved Tuesday
was an April 15 public
hearing at which citizens
will have an opportunity to
persuade commissioners to
reduce or block the proposed
15 percent surcharge. The
hearing will be at the
Governmental Center, 301
North Olive Street, West
Palm Beach; 6th floor, at
9:30 a.m.
Builders, citizens challenge Clay fee
By BETH
REESE CRAVEY,
The Times Union
The Northeast Florida
Builders Association and a
group of area landowners
have filed a court challenge
to the Clay County road
impact fee, created to help
pay for an estimated $450
million in road improvements
needed by 2020.
On Friday, the builders
and landowners filed a
Circuit Court lawsuit to
overturn the fee, which is
scheduled to take effect in
January.
They say the fee is a
land development regulation,
which state law requires be
reviewed by the county
Planning Commission, an
advisory board. However,
that review did not occur;
county officials insist the
fee is not a land
development regulation.
"We don't think procedure
was followed correctly,"
said association president
Mark Downing. "Just because
we don't like it [the fee]
doesn't mean it's not going
to happen. But there is a
process that should be
followed."
The fee, approved by the
county in February, would be
imposed on new development.
The amount would vary,
depending on the type and
location of the development.
Single-family residential
fees will range from $4,341
in the southwest part of
Clay County to $5,814 in the
northeast. Fees vary widely
for different
non-residential projects,
including industrial,
warehouse, retail,
restaurants, golf courses,
schools, hospitals, marinas
and movie theaters.
Also, the builders and
landowners intend to seek a
state administrative hearing
on conflicts between the
ordinance and the county's
comprehensive land use plan,
according to documents filed
with the county by their
attorney, T.R. Hainline.
When the fee was
approved, county officials
said the ordinance
acknowledged the conflicts
and delayed implementation
to give staff time to
resolve those issues.
County Commission Vice
Chairman Rob Bradley said
Friday that the challenges
were to protect the
builders' and developers'
interests in case the
conflicts were not resolved
by the time the fee takes
affect.
"I don't see this as
ending up in a big court
battle," he said.
The full commission may
discuss the challenges
Tuesday.
The developers joining
the association challenges
are AY Ventures, Creek Farms
Corp., Brannan Field
Properties Ltd., Peter D.
Bailet, William R. Blackard
Jr., Bradley Creek Trust, ZZ
Studios Inc., Delta Shamrock
Farms Inc. and Wisteria
Gardens Dairy Ltd.,
according to Hainline's
documents.
beth.cravey@jacksonville.com,
(904) 278-9487
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Downtown street project riles Dade City residents
By
Helen Anne Travis, Times Staff Writer
Published Thursday, April 3, 2008 8:47 PM
DADE CITY — Don't mess with Dade City's parking.
That was the overwhelming message of a disorganized
and confrontational meeting Thursday evening regarding
upcoming construction on a main city thoroughfare.
April 21, the Florida Department of Transportation
will begin a six-month makeover of Meridian Avenue, the
portion of State Road 52 that runs through downtown.
Plans call for a new bike lane and multiuse path along
sections of the road. But to accommodate these
pedestrian-friendly components, the FDOT wants to switch
some of the city's street parking from angular to
parallel, knocking out 17 spots in a downtown cramped
for parking spaces.
"Parking is already a huge issue for our town and
this is going to make it worse," said Allison Todd,
owner of the downtown cafe, the Coffee Mug.
Todd's thoughts were echoed by about 30 angry
residents and merchants who attended Thursday's meeting.
They yelled at FDOT officials, saying that the reduced
parking would mean fewer customers and visitors to the
town's antique shops and restaurants. They painted
pictures of bikers crashing into walking tourists.
City officials had to shush the crowd several times.
What's unclear is whether the shouts and tirades will
have any effect onFDOT's plans.
Florida leads the country in pedestrian fatalities,
according to FDOT. All of the agency's projects now
include accommodations for bikers and walkers.
Shopkeepers wanted to know how many of those
fatalities occurred in downtown Dade City and whether
there were other roads in town that could be fitted for
pedestrians and bike riders.
FDOT officials passed out comment sheets at the
meeting and said they would consider all suggestions.
The city plans to meet with FDOT to appeal the bike lane
so the current angular parking can stay.
Construction begins in less than three weeks, but
FDOT officials said the parking matter can be addressed
later in the project.
Helen Anne Travis can be reached at
htravis@sptimes.com or (352) 521-6518.
Bill undermines state growth laws
Published Wednesday, April 2, 2008 7:11 PM
The duplicity is too rich not to observe with some awe. ¶
After all, the Florida Legislature doesn't trust mayors and
city commissions with their own tax dollars, thinks county
property appraisers need to prove the validity of their
assessments and could care less whether a school principal
deems certain teachers worthy of extra pay. So when a House
council considers writing into law that city and county
officials should be "presumed to be correct," one has to
wonder what has left legislators so smitten.
The answer is as obvious as the bulldozers and
construction cranes that dot the local landscape:
developers.
That's right. In a bill being offered by the House
Economic Expansion and Infrastructure Council, lawmakers
would turn the 1985 Growth Management Act upside down. The
reason the law exists is because cities and counties were
giving green lights to almost every developer who wanted to
build condo towers or shopping strips. That's why the state
is required to make sure that new developments are
consistent with city, county and state plans.
The council's bill, though, actually says that "the local
government's determination that the plan amendment is in
compliance is presumed to be correct." In other words,
neither the state nor the local citizens need bother to
challenge the developer. As state Department of Community
Affairs secretary Thomas Pelham puts it: "That's a virtually
impossible standard for us to meet."
The House Economic Council is led by Winter Park attorney
Dean Cannon, who is in line to become speaker in 2010. As
such, this bill is tied to the House leadership, and it
represents a frontal assault on growth management.
Aside from the presumption of correctness, the bill also
would: loosen standards for intensive development on
existing rural lands, weaken requirements to upgrade
overburdened roads before allowing new construction, and
give cities and counties three more years to prove their
development plans are financially feasible.
Pelham was among the last to see the draft of the House
bill, and his attempt to create a citizen planning bill of
rights is uniformly ignored. So is his approach to
protecting the Everglades and making smarter development
decisions in coastal high hazard areas.
A bill that so radically undermines state growth laws is
not likely to pass through the Senate and certainly would
deserve a veto if it did. But citizens who are fed up with
overburdened highways and water restrictions may want to pay
close attention to Cannon's bill. Those in the House who
would vote in favor are placing the desires of developers
above the needs of their constituents.
Permit Issues Halt Work On Cypress Creek Mall
By KEVIN WIATROWSKI
The Tampa Tribune
Published: April 3, 2008
WESLEY CHAPEL - The developers of Cypress Creek Town
Center have stopped construction of their regional mall
until they can resolve permitting issues with federal
regulators.
"The only construction going on today is site
stabilization," said Deanne Roberts, spokeswoman of
Cleveland-based Richard E. Jacobs Group.
"We're preparing the site for the rainy season,"
Roberts said.
Crews spent Wednesday sowing grass seed and taking
other measures to prevent erosion over the coming
months, Roberts said.
Roberts also said that it is unclear when work on the
mall will restart.
"We don't have a time element," she said. "We know
we're not going to be opening in October."
Jacobs told commercial real estate brokers two weeks
ago it was stopping work on the mall until it can
resolve the drainage problems that flooded Cypress Creek
with mud in January, said Michelle Seifert, an associate
vice president at Grubb & Ellis/Commercial Florida.
Seifert represents several retailers that have signed
on to the Jacobs project.
She declined to name her clients, but said that the
ongoing delays are causing problems for at least one of
her smaller clients.
"The major tenants out there will probably not be
open before this holiday season," Seifert said.
Seifert said she doesn't expect the mall won't be up
and running in full until late 2009 at the current pace
of work.
"It could be a blessing in disguise," Seifert said of
the delay. "It will give them time to attract more
tenants."
Roberts said Jacobs hasn't lost any tenants for the
mall.
"The management and the tenants agreed it was
becoming impractical," Roberts said.
The halt to construction is the latest roadblock in
Jacobs' attempt to build a 1.3 million-square-foot
regional shopping mall at Interstate 75 and State Road
56 in Pasco County.
In February, the U.S. Army Corps of Engineers
suspended the permit that let Jacobs fill 54 acres of
wetlands on its property.
The suspension barred any work on the land where
those wetlands used to be.
Those areas lay in the path of the mall's planned
main entrance south of the S.R. 56-County Road 54
junction and also in the path of underground utilities,
making construction of both impossible, Roberts said.
The corps suspended the development permit after a
storm in January caused a retention pond on the mall
site to overflow and pollute neighboring Cypress Creek
with mud.
It was the second such violation for Jacobs. A
similar event happened last fall.
Jacobs submitted plans for fixing the problems at the
site. Those plans remain under review by the corps and
the Southwest Florida Water Management District.
Jacobs also faces a federal lawsuit by the Sierra
Club attempting to overturn the permit corps officials
issued last summer.
Earlier this year, county officials issued building
permits for SuperTarget, one of several big-box stores
planned for the mall, and for a shell building.
Other permits, including those for a Sports Authority
and Books-A-Million, are pending.
The delay puts Jacobs even further behind its two
competitors in the race for Wesley Chapel's retail
dollars.
At C.R. 54 and Oakley Boulevard, Pittsburgh-based
Echo Real Estate Services is nearing completion on The
Grove at Wesley Chapel, which opened is first phase of
stores last fall.
At S.R. 56 and Bruce B. Downs Boulevard, work is
moving forward on Shops at Wiregrass, an
800,000-square-foot open-air mall being built by Jacob's
hometown rival, Cleveland-based Forest City Enterprises.
Reporter Kevin Wiatrowski can be reached
at (813) 948-4201 or kwiatrowski@tampatrib.com.
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Mall project put in limbo
By
Chuin-Wei Yap, Times Staff Writer
Published Wednesday, April 2, 2008 10:33 PM
WESLEY CHAPEL — Construction on Cypress Creek Town Center, one of
the largest proposed retail projects in the Tampa Bay area, is
indefinitely on hold, putting at risk more than $150-million in
financial commitments and thousands of promised jobs.
Beset by problems with an environmental permit, the Richard E.
Jacobs Group, developer of the 1-million-square-foot project, and
its prospective tenants agreed to halt construction at the site on
Interstate 75 and State Road 56, mall spokeswoman Deanne Roberts
said Wednesday.
The stoppage came in waves, from mid February through last week,
when work stopped on an area earmarked for a Target store, Roberts
said. The only work going on now is erosion control and soil
stabilization, both permit requirements.
The mall, projected to generate 4,000 jobs and more than
$9-million in yearly tax revenue, was scheduled to open in October,
in time for the holiday season. "I don't know what the new date will
be," Roberts said.
Long dogged by controversy over its environmental threat to
Cypress Creek, a federally protected waterway, the mall cleared the
final regulatory hurdles last May.
But environmentalists, led by the Sierra Club, sued the U.S. Army
Corps of Engineers in October, saying regulators should not have
issued a permit letting the developer fill 54 acres of wetlands at
the site. The suit is pending.
After multiple incidents of construction runoff leaking into the
creek, a major source of Hillsborough County's drinking water, the
corps suspended the permit in February, halting work on the 54 acres
that the developer had cleared.
Mall officials said Wednesday that they did not want to risk
having the 100-acre shopping center open this fall incomplete.
"The management of the Jacobs Group and the tenants decided to
stop all construction on the site until the army corps reinstates
the permit," Roberts said. "The developer is still committed to
delivering the project."
So far, the mall has signed on 42 tenants including an AMC
Theatres, Linens-N-Things, Books-A-Million, Target and Kohl's.
In a letter to the corps in February, Neal McAliley, the
developer's attorney, warned that more than $150-million in
investment may be at stake. "The referenced letter was intended to
point out the serious consequences at stake that could potentially
result from an extended delay," Bill Fullington, a Jacobs Group
spokesman said Wednesday.
Environmentalists characterized the mall's latest problems as
nature's revenge.
"One of the major functions of wetlands is flood control," said
Dan Rametta, of Land O'Lakes. "There is no clearer proof of that
than to see the flooded acres both north and south of S.R. 56 at
that site."
The Jacobs Group and the corps remain at odds over the suspended
permit.
Corps officials said they received the developer's preliminary
plans to fix the runoff problem, but are waiting for the company's
evaluation of the environmental damage caused by the runoff.
There also are some outstanding issues with the developer's
latest stormwater management corrective plan, said Swiftmud.
"Some of the wetlands are still under turbid water," said Robyn
Felix, Swiftmud's spokeswoman. "We can't evaluate those until the
water is pumped out."
Meanwhile, two rival malls in central Pasco are forging ahead.
The Shops of Wiregrass, a $130-million project, broke ground last
month and is set to be completed in October. Four miles north, the
$175-million Grove at Wesley Chapel opened four months ago.
Shopping
Center Starts Dwindling Behind Major Wave of New Supply
Written by Sasha M Pardy
(spardy@costar.com)
April 02, 2008
The total RSF of U.S. shopping centers
delivered annually has been dropping each year since peaking at
94 million square feet in 2005. However, this year a huge wave of
new centers that began construction
back in better days (economically speaking) is now delivering, with
25 million square feet already
delivered in the first quarter of this year. With still more space
in the pipeline set to deliver in coming
months, there is the very real possibility that just as much or more
RSF of new shopping center space will
reach completion during 2008.
What makes this massive addition of new supply somewhat
disconcerting are the vacancy statistics of
shopping centers delivered over the past three years. CoStar's
Year-End National Retail Report showed
U.S. shopping centers ended 2007 with an average vacancy rate of 7.6
percent. The chart below shows
that shopping centers delivered between 2001 and 2004 have a vacancy
level below this national average,
however, the rate rises with each year -- shopping centers delivered
in 2005 have a current average
vacancy of 9%; 2006 (13%), 2007 (22%), and 2008 (28%). These
statistics suggest that owners of
shopping centers built since 2006 still have yet to achieve a
desired occupancy level.
The full impact current market conditions are having on developers'
construction decisions won't become
clear until the end of this year when we see how much RSF actually
delivers. We are already seeing early
indicators of a pullback. Construction starts were significantly
down in 2007 in comparison to 2006, and
with only six million square feet starting construction so far in
2008 (the lowest first quarter level in the
past five years), all indications point to a trend of developers
holding back or scrapping construction plans
until the capital markets and/or general economic conditions
improve.
In an upcoming issue of CoStar Advisor, we'll talk to retail
development executives for their opinions on
the statistics and trends detailed by CoStar this week.
The remainder of this story will focus on a handful of
representative retail construction projects and
provide construction deliveries, starts, delays and proposals
covered during first quarter 2008 spotlighted
by region. By no surprise, little major development activity is in
the pipeline of land-constrained markets.
Developers continue to carry out numerous projects already in the
pipeline in high growth markets of
Phoenix, Dallas and Tampa, while some have even announced new plans.
Current at Lee Vista - Orlando, FL
The Current at Lee Vista started construction during first quarter
on 85 acres in the Airport submarket of
Southeast Orlando. Developed by Premier Properties, the
675,000-square-foot, mixed-use project will be
anchored by Super Target, Bealls, Best Buy, Books A Million,
Marshalls, Michaels, Office Depot, and
PetSmart. Completion is scheduled for spring 2009.
Hammock Landing - West Melbourne, FL
CBL & Associates Properties (NYSE: CBL ) and The Benchmark Group
recently broke ground on Hammock
Landing, located on 78 acres at the northwest intersection of I-95
and Palm Bay Road in West Melbourne.
The power center will feature 750,000 square feet of big box,
specialty and dining tenants; including
Marshall's, Linens N Things, Michael's, and Petco. Completion is
slated for spring 2009.
Southshore Commons - Tampa, FL
Equity Real Estate and Nationwide Realty Investors have partnered up
to turn 133-acre parcel at the
southeast corner of Big Bend Road and I-75 in Riverview, FL
(southeast Tampa area) into a $280 million,
1.6-million-square-foot mixed-use development dubbed "Southshore
Commons." 1 million square feet of
retail/dining/entertainment space, 490,000 square feet of office
space, 250 hotel rooms and a multiplex
cinema will play off a 14-acre lake and town square park/venue in
the center of the project.
Groundbreaking is scheduled for third quarter and first phase
delivery is planned for fall 2009.
Posner Commons - Orlando, FL
Kitson & Partners' 400-acre master-planned community, Posner Park is
located in Orlando just West of
Disney World. Posner Commons, the 500,000-square-foot power center
that is central to the development
at the southeast corner of I-4 and US Hwy 27 in Polk County, is the
result of a partnership between
Trammell Crow Co., Boardwalk Land Development and Met Life. Target,
Belk and Books-A-Million opened
late first quarter 2008, while Best Buy and Staples are opening
soon. JC Penney, Dick's, Ross, Michael's
and PetSmart will open in late summer or early fall. At the
completion of the $500 million Posner Park, the
community should have 1.5 million square-feet of retail space, 2,600
hotel rooms, 2,000 residential units
and 150 acres of open land.
Clermont Landing - Clermont, FL
Weingarten Realty Investors secured a 104,000-square-foot JC Penney
to anchor Clermont Landing, a
366,000-square-foot shopping center scheduled to open Oct. 2008;
Epic Theater and Famous Footwear
are also tenants.
Shops at Wiregrass - Tampa, FL
The Goodman Company and Forest City Commercial Development are
scheduled to open The Shops at
Wiregrass, an 800,000-square-foot, Main Street-style open-air
shopping, dining and entertainment center,
on October 30, 2008 at State Road 56 and Bruce B. Downs Boulevard in
Wesley Chapel/New Tampa,
Florida.
Chalifoux - Osceola County, FL
Chalifoux Management Group recently closed on 37 acres of land in
Poinciana, Osceola County, Florida
from Avatar Properties. Chalifoux plans a $100-million mixed-use
project for the site to that will
encompass 300,000 square feet of retail and restaurant space, as
well as 150,000 square feet of office
space. The site is part of the 1,545-acre Poinciana Office &
Industrial Park, located at US Highway 17/92
and Poinciana Boulevard on the outskirts of the Orlando metropolitan
area. Construction is expected to
senior editor,
Sasha Pardy at spardy@CoStar.com>
Wells deepening Lake's water woes
Report: More than 4,000
acres of wetlands and 1,000 acres of surface lakes could be affected
Benjamin Roode
Thursday, April 03, 2008
Personal well use in Lake
County could nearly triple in the next 25 years, potentially harming
more than 4,000 acres of wetlands.
A draft report from the St. Johns River Water Management District
shows the increased well water use in Lake and surrounding counties
could affect more than 4,000 acres of wetlands and 1,000 acres of
surface lakes in the area by 2030.
The report proves the county must rethink its development strategy,
said County Commissioner Elaine Renick, who also serves with the
Lake County Water Alliance. Alliance members believe personal wells
could be as much of a concern in future years as municipal water
use.
Allowing well water use to go unchecked would counter the limits the
district is placing on cities and other water utilities starting in
2013, alliance officials argue.
Well water use in Lake County is projected to jump from 12.38
million gallons per day in 2005 to 35.8 million gallons per day by
2030, according to the report. Mount Plymouth/Sorrento and areas
around Okahumpka and the Groveland/Mascotte region will see the
largest increases in personal well use, according to the report.
Native vegetation is likely to be harmed in the Groveland/Mascotte
region and in parts near Umatilla and Eustis, according to the
report. Lake levels in those area, as well as between Lady Lake and
Fruitland Park, could also be affected. At least two lakes, Apshawa
North and Apshawa South near Clermont, could go below minimum flow
levels. One spring, Holiday Spring, could decrease flow by more than
15 percent, according to the report.
Environmental concerns weren't the only ones on some minds, though.
Water alliance officials are worried that increased use from
personal wells would mean alliance members - most Lake County
municipalities - would have to develop more alternative water
supplies than originally thought. If well water use went up, cities
would be held accountable because personal wells aren't subject to
the same permit procedures as cities.
Nancy Clutts, Lake County Water Alliance chairwoman, said cities
already must bear the lion's share of the financial burden when it
comes to alternative water supplies.
"In general, alliance board members felt it was imperative we
determined the implications (of personal well use)," she said.
The report shows the county should reconsider how it wants to grow
in its unincorporated areas, Renick said. Rethinking that strategy
would be a proactive move to answer inevitable future water concerns
that could cost millions or billions to allay, she said.
"We need to start looking at everything we do now more carefully,
not that people weren't before," Renick said. "This new information
makes it all the more vivid regardless of where you stand."
Water district officials said the report showed there was a possible
future problem with personal well use not just in Lake County but
all of Central Florida, said Barbara Vergara, director of St. Johns'
division of water supply management.
She acknowledged what the alliance and Renick fear, that it probably
meant cities would have to foot a larger part of the alternative
supply bill than previously thought.
A solution to that problem will take time and cooperation among
water consumers to find.
"All we've done is identify the potential for a problem," she said.
"We haven't ID'd any solutions yet."
Florida tops US list for mortgage
fraud
BY WAYNE T. PRICE
FLORIDA TODAY
The Sunshine State led
the nation in mortgage fraud in 2007, and local lawyers and others
are issuing tips to protect consumers and others against getting
scammed during what could be another banner year in 2008.
Florida's ranking -- the second consecutive year it topped the
mortgage fraud list -- comes from the Mortgage Asset Research
Institute, in its report to the Mortgage Bankers Association. The
report examines the current state of residential mortgage fraud and
misrepresentation in the United States, based on subscribers'
reports.
The report cites Florida as topping the Mortgage Asset Research
Institute Fraud Index list for the second year, and Nevada climbing
to the No. 2 ranking.
According to the Mortgage Fraud Case Report, "The conditions in
the mortgage industry for the last half of 2007 made the year one
for the record books."
Overall, 2007 marked the lowest volume of mortgage loan
originations since 2002; the highest number of delinquencies and
foreclosures; rapid and near-complete shutdown of the
"non-conforming" secondary market; and hundreds of announced
closures of mortgage originators.
According to the institute's report, following Florida in
mortgage fraud cases were Nevada, Michigan, California, Utah,
Georgia, Virginia, Illinois, New York and Minnesota.
The most common types of fraud found in 2007 originations were in
the areas of employment history and claimed income.
"At the end of the day, it's sloppy work by the title companies,"
said Steven Allender, a Cocoa Beach-based real estate attorney.
"When the real estate market was buzzing, some of these title
companies offered loans with no documents required."
Allender said Brevard County isn't a major factor in causing
Florida to top the mortgage fraud list.
"I hate to pick on our brethren in South Florida, but Miami is
notorious for this," Allender said.
Merle D. Sharick, one of the authors of the mortgage fraud
report, said Florida's diverse economy make it attractive for those
intent on commitment fraud.
Also playing a role were numerous construction projects, which
"created a significant oversupply of housing in Florida --
especially in the condo market."
"Lastly, a higher percentage of loans were originated in certain
markets like Florida by mortgage brokers, rather than traditional
retail lenders," Sharick said.
The Mortgage Asset Research Institute report added that the
continuing unsettled state of the mortgage market, as a whole, "does
not bode well for any improvement in avoiding fraud in the coming
year."
Contact Price at 242-3658 or
wprice@floridatoday.com.
Wal-Mart cries foul despite clout
By Times Editorial
Published Tuesday, April 1, 2008 5:08 PM
There must be cement in the spines of some Tarpon Springs Board
of Adjustment members. In January those volunteer board members
stood up to the legal representatives of one of the most powerful
retailers in America: Wal-Mart.
Last week, they did it again.
No fair, cried a Wal-Mart rep.
There is something rather appealing about watching Wal-Mart in
such a position, especially since the real victim in this case is
the environment.
Wal-Mart wants to build a supercenter on a beautiful parcel on
the bank of the Anclote River, a protected Florida waterway in
Tarpon Springs. The City Commission approved the project in a
historic, all-night meeting three years ago. Wal-Mart has been
battling to act on that approval ever since, stymied repeatedly by
the work of opponents devoted to seeing that Wal-Mart never builds
on the property.
Lately, the Board of Adjustment has been as much of a blockade as
the citizen opponents. Late last year, Wal-Mart had to make some
changes in its site plan. If the city concluded that the changes
were minor, Wal-Mart could move ahead with its plan. But if the
changes were deemed major, Wal-Mart could be required to start all
over with another public hearing before the City Commission.
The city staff decided the changes were minor. But the Board of
Adjustment, after a three-hour public hearing in January, voted 3-2
that the changes were major.
Wal-Mart appealed that decision in last week's Board of
Adjustment meeting, arguing that one board member should have
recused himself from the January hearing and asking for a rehearing.
However, no board member would make a motion to rehear the case.
Then Wal-Mart asked the board members to schedule another hearing
so they could clarify their January decision. Wal-Mart's
representatives claimed the board failed to state clearly enough why
the changes were major.
Wal-Mart's request was part intimidation, part pressure tactic,
but the board didn't fall for it, refusing to schedule another
hearing. However, the board did vote to provide Wal-Mart with a
written decision that would include each board member's reasoning
for voting as they did in January. That document should be written
with great care, since it is likely to be dissected by Wal-Mart and
perhaps used in court. Wal-Mart has 30 days to decide whether to
appeal the board's decision to circuit court.
After the board meeting, Wal-Mart spokeswoman Quenta Vettel said,
"We just don't feel we've received a fair consideration from the
board." Interesting. More than a few people in Tarpon Springs would
say that neither they, nor the environment, have gotten fair
consideration from Wal-Mart.
Planning and zoning chief looks to
streamline town's review procedures
By ANA X. CERON
Palm Beach Post Staff Writer
Thursday, April 03, 2008
JUPITER — Officials are considering changes to the town's
development review process that could mean fewer notices about new
project proposals to residents.
Planning and Zoning Director John Sickler says the town is not
trying to reduce the amount of public input, it's just trying to do
more with less.
At a time when his $1.4 million budget could be cut, and his
full-time staff of 14 could thin out through attrition, Sickler is
looking for ways to streamline his department's workload.
"We felt we needed to be proactive in what we may see in the next
year or two," he said.
The town council dismissed one of the ways proposed Tuesday night:
allowing staff, rather than the council, to approve small-scale
projects that didn't require any exceptions to the town code and
that lie along Jupiter's major roadways.
"If there's something that's pretty visible, the buck still has to
stop with the council," Mayor Karen Golonka said.
Instead, the board preferred to scale back the town's requirements
for public hearings.
The current hearing process demands a significant amount of staff
time, Sickler said. His department must place ads in the newspaper,
bill developers for the ads, and mail courtesy notices announcing
project proposals to adjacent property owners within 300 feet.
Council members supported the idea of doing away with the ads and
notices but keeping a sign announcing a pending project on the
property where development is proposed. More information on
proposals could also be posted on the town's Web site, officials
said.
The council also liked the general idea of increasing the limit of
what would be considered "minor" changes to approved applications.
But they wanted a specific recommendation from staff before signing
off on a change. Minor modifications - such as shifting boundary
lines that change the site area by less than 20 percent - are
approved administratively.
The review changes, which require a council vote, would take months
to finalize.
If approved, they would not alter state-mandated requirements on
votes such as land-use changes, rezoning, and other action done
through ordinances.
They would also not diminish the level of technical review and
analysis given to each project, officials said.
Osceola County commission approves Lake Toho project 5-0
The developer must resolve transportation issues within 30 days or the
order will be void, commissioners say.
Mark Pino
Sentinel Staff Writer
April 3, 2008
During the course of three meetings lasting about 12 hours, county
commissioners heard the most public comment about a single development
in recent memory.
Residents near a project that could bring about 10,000 people to an area
between Kissimmee and St. Cloud spent hundreds of hours studying
developer D.R. Horton's plan. They fought against the massive
development, known as Toho Preserve, and at the same time they
negotiated for concessions from the developer for better environmental
protections and larger buffers from existing homes.
Monday night, commissioners voted 5-0 to approve the project's
development order. But the company has 30 days to work out
transportation issues or the order will be void.
As the first of six massive developments along the eastern shore of Lake
Tohopekaliga, approval was viewed as key because it sets the tone for
the other five developments that could bring about 100,000 residents to
that stretch south along Lake Toho.
"I'm as happy as I can be under the circumstances," said Nancy Smith, an
attorney who was part of the group opposing the project. "I'm still very
disappointed with the buffers. I'm disappointed with them building
anything out there. We did the best we could. They had high-priced
experts, and we didn't."
Hundreds of residents attended a planning commission meeting on the
project earlier this year. When the project hit the County Commission,
dozens spoke at length about their objections to the development.
There will still be opportunities for public comments as the project
continues through the development pipeline. Smith said her group will
stay vigilant.
Smith added she is still concerned about the availability of water amid
water restrictions and what appears to be a statewide water crisis.
Commissioner John Qui�ones felt the residents' involvement led to some
key changes in the plan.
"You had a lot of good minds putting time and effort into this," he
said. "They came up with some good comments and recommendations."
Qui�ones said he never viewed the project parochially.
"I felt very strongly that this was an Osceola issue and that it
affected everyone," he said. "At no point did I ever think this was one
district versus another. This is where my children are going to grow up.
I care about the transportation system and the quality of life here."
Qui�ones said commissioners sent a message to other developers about
environmental and transportation concerns.
Supporters of Toho Preserve said the mixed-use development on nearly
1,600 acres is the kind of project the county spent years to encourage
with its new growth plan.
But Smith and others lamented that it was not compatible with existing
zoning of surrounding neighborhoods.
That's why opponents fought for large buffers. In some places, those
will be 200 feet or more. In addition, the company plans to protect
hundreds of acres of wetlands and wetland buffers.
"In concept, the county has decided we need all those people to live
here," Smith said. "The people who moved here for the country decided
that what we really need is cities."
Smith complimented commissioners and staff for working with the critics.
She is also proud of the scrutiny the development order received.
"It is bittersweet recognition that residents have a say," Smith said.
"They said they plan to use the development order as a standard for ones
coming up."
Siesta Point project renewed
Published Thursday, April 3, 2008 at 4:30 a.m.
SARASOTA COUNTY — After being stalled for more than a year, Benderson
Development Co. is moving ahead with plans for Siesta Point, a proposed
high-density, mixed-use development at U.S. 41 and Stickney Point Road.
Neighbors have been complaining for months that the former mobile
home park has become an eyesore at one of the most prominent gateways to
Siesta Key.
Today, Paul Blackketter, a project manager with Benderson, is
scheduled to meet with homeowners in the Siesta Key Association to
detail plans for the 25-acre site, which could include retail,
residential, hotel and office development.
Developers and county planners say Siesta Point could become a
trend-setter for intensive "new urbanism" redevelopments which are
likely to crop up all over the region.
As a first step, Blackketter intends to lay out details for a
planning meeting that would include residents, county officials,
architects, planners and Benderson representatives. The session -- known
as a "charrette" -- would allow input from all the players as far as
design and density.
That meeting would take place in late spring or early summer.
"I want to develop a good, positive relationship with the people in
the neighborhood," Blackketter said.
Benderson officials say Siesta Point has been stalled as they awaited
changes to the comprehensive plan, the county's blueprint for growth.
The plan has to be amended before the developers could do the kind of
urban infill they want, said Blackketter and Mark Chait, Benderson's
director of Florida leasing.
In the meantime, Benderson has hired security and fenced off the site
and put up opaque panels to try to quell residents' frustration.
"We can't clear it until we know what we can do with it," Blackketter
said. "And we can't know until the county develops the tools and methods
to be able to develop it."
Sylvia Weiss, a Midnight Pass Road resident who has voiced her
concerns to both the county and to Benderson, is looking forward to
today's meeting.
"The county has been touting Siesta Beach and Turtle Beach, and to
have visitors pass that trailer park is just a disgrace," Weiss said.
"Until there's movement, I would rather see an empty lot there. I can't
see how difficult is is to get permits to get rid of those trailers."
Weiss embraces the idea of improvements to the area, but she fears
that Benderson has been so busy with its University Town Center project
that the company has all but forgotten about the 25 acres leading to
Siesta Key.
But from the beginning Benderson officials said they wanted to use
the tools of "new urbanism," which calls for developments to include
places where people can live, work and shop, without ever having to own
a car.
Matt Lewis, a county planning manager, said a public hearing on the
changes is expected for May.
Then the specifics would be sent to the state and, if approved, would
come back to the county.
The new zoning could be approved and included in the comprehensive
plan in the fall. Each new development would then have to go through a
separate rezoning, including public hearings.
It is an undertaking that has been two years in the making with
Siesta Point as the first real project in the works.
In that time, Southwest Florida's economy has been in a downturn
largely because of the real estate slump. But Benderson, a private
company with deep pockets, has continued with projects along University
Parkway and now Siesta Point, something the company says is evidence of
its faith in the region's long-term housing and retail prospects.
It also demonstrates a belief that Siesta Point fits in with the
community's need for "new urbanism" projects, Benderson officials said.
Such projects can be highly profitable because increased density and
diversity of uses allows developers to maximize the land they buy.
Under Benderson's proposal, the 25-acre project would include a
220-room hotel, 265,000 square feet of retail and 575 homes, along with
office space and parking. That would all be near public transportation
and include
affordable housing for people who want to work within the district.
Under the proposed zoning, Siesta Point would have to include
interconnected streets and routes for pedestrians and bicyclists,
tree-lined streets, a neighborhood park, architectural diversity
and space.
The idea is to create a sort of self-contained downtown or a center
of commerce.
"It gives you a sense of place," Blackketter said. "Instead of
driving to get goods and materials you can walk. You can bike, walk or
catch the bus for anything you want."
But nothing is final. The new zoning requires the charrette so that
neighbors have an opportunity to help design a project that has less
impact on them.
For Weiss, the Midnight Pass resident, that means no high-rise
buildings, though she likes the idea of apartments and a hotel:
"Something that makes it nice."
Lewis, the planning manager, said Siesta Point-like redevelopments
are likely to happen in many areas of Sarasota County during the next
several decades.
"What we're looking at is making it possible for all major commercial
centers to rebuild in this manner," he said. "In the next 20 or 30
years, all of them will rebuild."
State ranks near bottom
in school spending
By LAURA GREEN
Palm Beach Post Staff Writer
Thursday, April 03, 2008
Florida confirmed its reputation as a state that's cheap when it comes
to funding education according to a new report released by the U.S.
Census Bureau this week.
Out of 50 states and the District of Columbia, Florida ranked
second-to-last in spending compared to relative wealth.
For every $1,000 of residents' personal income, Florida spends $33.51
compared with the U.S. average of $43.34. Comparably poor Georgia ranks
13th, spending $48.21 for every $1,000.
Residents in South Florida and parts of the Treasure Coast, also bear an
uncommon share of the burden.
Though local school districts spend less on education per student than
the national average, they tend to pay a much larger portion of the
bill.
Local funding in property-rich Palm Beach and Martin counties accounts
for 70 percent and 74 percent, respectively, of all education spending,
compared with 48 percent for the average U.S. school district. St. Lucie
County is closer to the norm. It ponied up 55 percent of total school
funding in 2006.
Palm Beach County is more generous than Treasure Coast school districts
when it comes to spending per student, but it still pays only $8,345
compared with a national average of $9,138. Martin spends $7,674 and St.
Lucie $7,239 per child.
The U.S. Census Bureau this week released detailed public school finance
figures for every U.S. school district from the 2005-2006 school year as
part of an annual report.
Given the state's budget crisis, local school districts will be forced
to cover even more of the cost to educate Florida's children, said Vern
Pickup-Crawford, a lobbyist for Palm Beach, Martin and St. Lucie county
school districts.
The state employs a Robin Hood formula, which takes money from districts
with high property values and healthy tax rolls and feeds a portion to
poor districts. There have been three lawsuits in the 30 years since the
formula was enacted, Pickup-Crawford said. The courts upheld the formula
in each case.
States kick in about 47 percent of revenue for a typical U.S. school
district. In Florida, that number falls to 40 percent. But because of
the wealthy-donor formula, the state contributes just 18 percent of
Martin County's school funding and 23 percent of Palm Beach County's.
St. Lucie gets 36 percent of its funding from the state.
Years of record enrollment growth also forced local school systems to
spend a disproportionate share of their funding on new school
construction, maintenance and renovation.
St. Lucie County spent 41 percent of total expenditures on capital costs
compared with a national average of 11 percent. Martin followed with
about 29 percent and Palm Beach 25 percent.
Since the 2006 figures were reported to the Census Bureau, enrollment
has declined slightly in Martin and Palm Beach school districts. St.
Lucie County is expected to continue growing into next school year.
City wants Evans
mediated
April 3, 2008
OCOEE - Ocoee commissioners voted to go into conflict resolution with
the Orange County School Board and County Commission about Evans High
being moved to a rural settlement near the city.
The unanimous decision came during a Tuesday City Commission meeting,
Ocoee Mayor Scott Vandergrift said.
Commissioner Gary Hood was absent from the vote.
The next step is to send the resolution, along with a letter that states
the conflict and recommends a date and place for the meeting, to the
School Board and the County Commission.
A meeting must be scheduled within about 30 days of receiving the
letter, Ocoee City Attorney Paul Rosenthal said.
In the resolution, Ocoee commissioners explain why they're going into
conflict resolution.
They say the School Board made an agreement with Ocoee in 1994 saying
they would protect the Clarcona Rural Settlement.
This is the proposed site for the new Evans High.
The County Commission is involved because of reports that it would
consider a request for Evans High to be built on a smaller plot that
wouldn't intrude on the rural settlement, the resolution said.
Even if the school is built on the land, but outside the rural
settlement, the city is against the move because it could have
"potential adverse impacts" for Ocoee residents.
The commissioners are in favor of a new Evans High being built but want
to keep it in Pine Hills, Vandergrift said.
"Pine Hills has a right to keep their school," Vandergrift said.
The residents of Pine Hills have had little input on deciding whether
Evans High moves near Ocoee, Vandergrift said.
If no agreement is reached in the conflict resolution, the city would be
able to sue the School Board and County Commission.
Mark Schlueb, Gabrielle Finley, Bianca Prieto, Kevin Spear, Rachael
Jackson and Susan Jacobson of the Sentinel staff contributed to this
report. Information from the South Florida Sun-Sentinel also was used.
A NEW PLACE FOR WATER TO
'GROW'
Drought's silver lining: reservoir
ARCADIA
You might want to put those prayers for rain on hold.
Although Southwest Florida is going through a drought as bad as the
2000-01 dry spell, the regional water system is actually fairly flush.
That is partly due to the screeching halt of the real estate market, and
partly because of extra pumping of underground wells by both Manatee and
Sarasota counties.
Meanwhile, arid conditions are speeding construction of the 6
billion-gallon reservoir in DeSoto County that is supposed to make
future droughts less scary.
"Construction is easier during a drought," said Theresa Connor, Sarasota
County's water resources manager. "It's easier to move dirt than mud."
The reservoir was scheduled to be completed by Montana contractor
Barnard Construction Co. in October 2009, after the end of Florida's
rainy season. That likely would have left the structure as Florida's
largest empty swimming pool for a while.
But construction is moving along so quickly that Patrick Lehman,
executive director of the Peace River water authority, is predicting it
will be done in early June.
So, instead of missing the four-month wet season when Florida gets
nearly 60 percent of its rainfall, it looks like the reservoir will be
open and storing water the entire season. Even a "normal" rainy season
will fill the reservoir.
That would amount to nearly a year's supply of water in reserve for the
authority's four customers -- Charlotte, DeSoto and Sarasota counties,
and North Port. As of April 1, the authority's current reservoir -- with
a 625-million gallon capacity -- and underground wells hold a little
over a month's supply of water.
The reservoir by itself would not make the region "drought-proof,"
Lehman said. "But it's a tremendous step."
While much of the region's water comes from wells, the water authority's
supply comes from the Peace River. At the same time the reservoir is
being built, the authority's water plant is nearly doubling its pumping
capacity.
The hope is that the plant's ability to pump 90 million gallons a day
from a hopefully rain-swollen Peace River will quickly fill the
reservoir.
The mile-wide reservoir's construction site is so large that giant
excavators look like specks of dust in aerial photos. The reservoir is
being built on land that had gone from agricultural to scrub with dots
of pine, oak and palmetto. But over the last four months, bulldozers,
excavators and about 100 employees have the land looking like a giant
dirt farm, or the surface of a particularly desolate world.
The $61 million reservoir -- originally estimated at $49 million, but
bids came in higher than expected -- will be surrounded by a
four-mile-long perimeter road.
The water will be contained by a 38-foot high berm that encircles the
reservoir. Hauling the dirt to build that berm is by far the bulkiest of
Barnard's construction tasks.
The dry weather is perfect for that work.
The region has been in a water emergency for more than a year now and
the water authority's reserves are down to about 32 days. On the surface
that appears to be a far more precarious situation than the region faced
on April 1 of last year when 80 days of water was stored. A bone-dry May
and June dwindled that amount to a two-week supply.
But deals between the authority, Manatee and Sarasota counties have
water officials confident that they will make it through April,
traditionally the state's driest month.
Sarasota County has a contract with the authority to provide 3.5 million
gallons of water a day, which is enough to supply about 20,000 homes.
Since December, though, the county has instead been shipping 2 million
gallons a day to the authority.
That is because the state granted Sarasota County a permit to pump more
water from its Carlton Wellfields and Manatee County is shipping an
extra 5 million gallons a day south. The flow of water from Manatee
County to Sarasota County to the Peace River helped add about 50 million
gallons to the authority's reservoir in March, even though rainfall was
below normal that month. In all, these deals created a swing of 7
million gallons a day, said John Zimmerman, Manatee County's water
division director.
Schools will have say in future growth
Published Thursday, April 3, 2008 at 4:30 a.m.
MANATEE COUNTY — When the real estate market was red hot, Manatee
school officials could do little more than grumble about the glut of new
developments that led to school overcrowding.
But if that kind of growth returns, the School District will be a key
player, and possibly a deal breaker, in the approval process for new
housing projects.
County commissioners are expected to approve a change to the
Comprehensive Plan today that adds a rule of "school concurrency."
That means future housing developments will not win approval unless
the district confirms that the area's schools can handle the influx of
new students.
The rule puts schools on par with roads roads, sewers or any other
infrastructure when it comes to assessing a development's impact on
the community.
"The School Board definitely has to sign off" on new development,
said Kathleen Thompson, planning manager for Manatee County.
The rules work like this. If a developer wanted to build 1,000 homes
on a former farm in Parrish, essentially overwhelming a school there,
the school district could block the project or require the developer to
prepay impact fees, or to provide land or cash for a new school to
accommodate those new students.
A 2005 state law requires most counties and cities in Florida to
create their own concurrency plans this year. Former Gov. Jeb Bush, who
pushed for the law, called it the "pay as you grow" plan.
Sarasota and Hillsborough counties were part of a six-county pilot
program that began using concurrency shortly after the law's adoption.
Growth was particularly strong in Manatee County during the housing
boom. Schools here added an average of 1,200 students a year between
2000 and 2006, one of the highest growth rates in the state.
The number of additional students has since leveled off to several
hundred a year, resulting from a sharp decline in the number of new
homes in the area.
The new concurrency plan requires district and county planners to
review long-term population projections every year and work together to
plan future school needs.
"This is a good thing," said Amy Anderson, a district planning
manager. "It's going to help the school district and county government
coordinate better."
The School District, the county and the cities of Holmes Beach,
Bradenton, Palmetto and Longboat Key signed off on the terms of the deal
in February.
Today's County Commission approval would cement that deal in the
Comprehensive Plan. Palm Beach County has used a similar concurrency
rule since 2002.
Last modified: April 3,
Wildlife rescues do more harm than good, says FWC
This is the time of year when the Florida Fish and Wildlife
Conservation Commission receives calls about abandoned fawns and other
animals that people believe may be in need of rescue.
However, the rescue could do more harm than good.
After giving birth, adult wildlife must forage to provide food for
themselves and their young, leaving their newborns for short periods.
Having some basic knowledge of wildlife and the survival skills animals
employ can help avoid misdirected rescue attempts of animals that don’t
require rescuing.
One of the most common targets of misplaced rescues is baby deer,
temporarily left in a safe place while their mothers feed nearby. Many
people who find young fawns mistakenly assume they have been abandoned,
when in reality its parents are in the process of ensuring the infant’s
survival.
“In most cases, it absolutely is not in the fawn’s best interest to try
and rescue it,” said Allan Hallman, wildlife biologist at the FWC’s Camp
Blanding Field Office.
What typically happens is that someone discovers a young deer waiting
for the return of its mother, Hallman said. Often these discoveries are
made in palmetto patches or in recently burned areas that are relatively
bare, where a doe has placed her new offspring for protection. Such
settings help depress the fawn’s scent, which provides good protection
from the keen nose of a predator.
People discover these seemingly abandoned baby deer and become concerned
when the parent is nowhere in sight. The would-be rescuer falsely
believes the young animal will perish unless it is saved or taken to a
wildlife rehabilitation center.
Unfortunately, actions of this kind usually have the opposite effect of
a rescue. The stress created by changing the baby animal’s diet and
surroundings is often fatal. Should the rescued fawn somehow manage to
survive the rescue, its return to the wild becomes impossible because of
human imprinting or a lack of survival skills. Had it not been removed
from the wild, the young deer would have learned the necessary survival
skills from its mother.
If you find a fawn or other baby animal, the FWC recommends that you not
touch it; but quietly leave the area. Touching the animal may cause the
mother to reject it because it is contaminated with human scent.
Here are some important facts that can help determine if a baby bird
needs rescuing. According to biologists, the only time a baby songbird
should be rescued is when it is on the ground and has almost no
feathers, when the bird is injured by pets or its tail is less than a
half-inch long, and it cannot hop around on its own.
If you find a baby songbird that you are sure needs rescuing, several
things will help ensure its survival. Place the baby bird in a
tissue-lined box that has air holes in the top, and keep the box in a
warm spot away from drafts and air conditioning and out of direct
sunlight. It is imperative that you do not give the bird either food or
water. After you have ensured the bird’s safety, call a licensed
wildlife rehabilitator in your area. To find a rehabilitator contact the
local FWC office, the humane society or a veterinarian. Some
veterinarians work closely with wildlife rehabilitators and can be a
good source of advice.
For more information on Florida’s wildlife and what you can do to help,
go to MyFWC.com/critters/wildlife.htm.
Newest mosquito species being watched
By Kate McCardell
Published: April 2, 2008
The next time a mosquito lands on your arm, you might want to take a
second to tell it “Welcome to Florida” before you slap it to death.
The ill-fated mosquito might be a Culex coronato, the newest recorded
mosquito species to enter Florida since the 1990s, according to a state
expert.
The Culex coronato is the 79th species of mosquito to make a home in
Florida, most likely for the same reasons that the state draws in so
many tourists — the warm weather and abundance of water, according to
John Smith, center director and professor of entomology for the Public
Health Entomology Research and Education Center at Florida A&M
University.
The newest mosquito species to Florida, which does not yet have a common
name, came from South America and spread into Mexico, then Texas,
Arizona, New Mexico and eastward, said Smith.
“It was making its way across Louisiana and was found in the stretch of
states leading over to us,” said Smith. “I fully expect it will make it
all the way across Florida and completely cover the state.”
He said the Culex coronato was discovered in Florida in the fall season
of 2005.
“Since then it has spread further eastward and we’re closely monitoring
its spread across the state,” said Smith. “This past year we found it in
Bay, Leon and Gadsden counties. Our first find was in Escambia, Santa
Rosa, Okaloosa and Washington counties.”
Florida’s newest mosquito species is a vector of disease, said Smith,
but they so far appear to be “fairly mild-mannered and mostly not an
aggressive biter.”
“The Culex mosquitoes in general tend to be the dirty mosquitoes,” said
Smith.
He said the species is capable of transmitting mosquito-borne diseases
such as the St. Louis encephalitis virus and the West Nile virus.
“Right now, its role in disease transmission is a big question mark. It
does not have a history of mosquito-borne disease thus far in the United
States; but in lab studies they’ve found the species is capable of
transmitting such diseases.”
Smith said the current emphasis is in tracking the species’ spread
through surveillance systems that include a network of mosquito traps
through out the region.
The Florida Department of Agricultural and Consumer Services is
currently funding extended surveillance of mosquitoes from Holmes to
Leon counties, covering a nine-county area, said Smith.
Smith said that, with mosquito bites in general, the likelihood of a
person contracting a mosquito-borne disease is greater in the months
from June to October.
“It sort of follows the hurricane season,” said Smith. “That’s when you
need to be most concerned about being bitten by mosquitoes.”
He said the timing is based on the fact that it takes a while for
disease organisms to build in the environment. By June, the diseases
have spread through the mosquito and bird populations.
“Early in the year the probability of any sort of mosquito-borne
infection is not that great, but later on in the year, allowing
mosquitoes to bite you is a very risky thing,” said Smith.
He said wearing repellent can help.
“DEET repellents are excellent. Aside from that, because some people
have sensitive skin to DEET, there are some alternatives. Ones that
contain picaridin work. Also, lemon oil and eucalyptus is a botanical
alternative. All three are recommended by the Centers for Disease
Control. We’ve done studies here on them and they all work quite well.
You may have to reapply them if you’re outside a while, but they work,”
said Smith.
Smith also suggested that residents should eliminate all standing water
around their homes.
“If water stands in the summer when it’s hot outside, just five days is
enough time for a mosquito to go from egg to adult,” said Smith.
Those who fear they may have contracted a mosquito-borne disease should
contact their physician, he said.
“Headache, fever, stiff neck are the classic symptoms,” said Smith.
Power plant possible for Suwannee?
Staff
Progress Energy Florida, one of the main wholesale suppliers of
electricity to the region, said Tuesday that future power needs could be
met by quadrupling the capacity of its Ellaville plant in western
Suwannee County.
The need for additional power is identified in Progress Energy’s 10-Year
site plan, an annual forecast of generation needs, filed with the
Florida Public Service Commission Tuesday.
A new plant on the Ellaville site would meet these needs and could be in
the county’s future, a Progress spokesman said. The new facility would
be in operation by 2013 and would generate about 1,200 megawatts of
electricity, compared with the existing plant’s output of just under 300
megawatts. A megawatt (MW) is one million watts.
Under PSC rules, Progress will issue a request for proposals (RFP) to
meet the need for the additional power. The company plans to submit its
own proposal (also known as the “self-build” option) to meet this need
with a combined-cycle natural gas unit to be built on company property
near the Ellaville plant.
The self-build option calls for replacing the three oil-fired steam
units at the Suwannee plant with natural-gas generators.
The RFP process will take several months to complete and will result in
the selection of a third-party or Progress Energy Florida. Once a
proposal has been selected, the company will seek approval from local,
state and federal agencies. If the self-build option is selected, the
company will also ask the PSC to rule on the need for the new capacity.
If the Suwannee site is chosen for the project, construction and related
activities are expected to add several million dollars to the local tax
base and regional economy.
The existing plant, the first stage of which went into operation in
1953, would remain in operation during construction of a new facility.
Cost estimates are not yet available.
Neighbors say no to sprayfield
By Vanessa Fultz, Democrat Reporter
vanessa.fultz@gaflnews.com
The county commission must decide whether to grant a special permit for
an O’Brien man to operate a sprayfield.
Raymond Howard, of O’Brien, operates a business that pumps out septic
tanks. He is seeking a permit to use a 2.81-acre tract in O’Brien as a
sprayfield for the disposal of waste.
Several neighbors spoke out against the operation at a public hearing
March 18.
Margie Caparelli, a nearby neighbor, took issue with the smell.
“If you stick your head in a sewer tank, that’s what you smell,” she
said.
Another neighbor, Lyle Kittle, was worried about water contamination.
“You’re taking sewage from around the county and putting it near my
home,” he said. “What’s going to prevent it from eventually getting into
my water?”
Yet another neighbor, Jo Perrone, said the operation would cause nearby
property values to decline.
“We have lots of neighbors trying to market” their property, he said.
However, a relative of Howard’s took issue with these observations.
“The smell you referred to, it is not coming from there,” said Crystal
Avery, a family member. “They’re not dumping there yet.”
Avery said the smell was from nearby farms where chicken growers are
spreading manure.
Nita Howard, who is married to Raymond Howard’s late father, also
disputed the neighbors’ claims.
“I wouldn’t be standing here if I knew it would be hurting children and
anyone else in the neighborhood,” she said.
“These scenarios are all overblown,” said Ellen Vause, president of
Florida Septic, Inc. in Hawthorne, who represented Howard at the
hearing.
Vause said Howard has met all requirements of the Department of
Environmental Protection, the Environmental Protection Agency, the
Department of Environmental Health and other agencies.
Vause said the material in question is septage (household waste) that is
neutralized through a lime stabilization process before it is disposed
of. Howard’s property has the amount of dry soil necessary to act as a
filter, she added.
Some neighbors wanted to know how the operation would be monitored to
ensure compliance with government standards. Others were not satisfied
with Howard’s having met EPA and DEP requirements.
“What if EPA is wrong?” asked one audience member.
“If this request is denied and Mr. Howard is put out of business it
would be a travesty,” said Jim Ward, another citizen at the hearing.
Ward noted the need for a local facility to receive such waste.
“It’s got to have somewhere to go,” he said.
Commissioner Randy Hatch said Suwannee County doesn’t have a waste
treatment facility that accepts septage, which may not be transported
across county lines for disposal.
Commissioners will review documentation presented and promised to do a
site visit to the property before making a decision at a future meeting
Environmentalists filing
lawsuit to stop golf course
development in Collier
By NAPLES DAILY
NEWS STAFF
Originally
published 11:13 a.m., April 2,
2008
Updated 11:13 a.m., April 2,
2008
Environmental groups are
filing a lawsuit today in
federal court in Fort Pierce to
try to stop a controversial golf
course from being built in the
Cocohatchee Slough in northern
Collier County, said Audubon of
Florida and Collier County
Audubon Society policy advocate
Brad Cornell this morning.
The lawsuit over the Mirasol
project alleges that a U.S. Fish
and Wildlife Service review and
the U.S. Army Corps of Engineers
permit for the project violates
various federal laws meant to
ensure clean water and to
protect endangered species such
as the Florida panther and wood
stork.
The groups filing the suit
are the National Wildlife
Federation, the Conservancy of
Southwest Florida, the Florida
Wildlife Federation, Collier
County Audubon Society and
Audubon of Florida.
Today's lawsuit is the latest
in a series of state and federal
challenges environmental
advocates have launched over
development in the Cocohatchee
Slough.
Check back at
naplesnews.com later for updates
on this story
States
(notice Florida isn't one of them)
suing EPA to move on global warming
Citing Supreme Court ruling, allies
want to force rules within 60 days
MSNBC staff
and news service reports
updated 1 hour, 46 minutes ago
BOSTON - A coalition of states is
suing the Bush administration to
force it to comply with a Supreme
Court ruling that rebuked what
justices called inaction on global
warming.
The Supreme Court said in April 2007
that carbon dioxide from burning
fossil fuels is a pollutant subject
to the Clean Air Act. The court
directed the EPA to determine if
carbon dioxide emissions, linked to
global warming, endanger public
health and welfare.
If that is the case, the court said,
the EPA must regulate the emissions.
The 18 states, two cities and 11
environmental groups said in a court
filing set for Wednesday that the
EPA has not issued a decision on
regulation. Their court filing seeks
to compel the EPA to act within 60
days.
“The EPA’s failure to act in the
face of these incontestable dangers
is a shameful dereliction of duty,”
said Massachusetts Attorney General
Martha Coakley.
The Sierra Club, which is also part
of the lawsuit, accused the Bush
administration of favoring industry.
"While this administration has done
everything possible to make a
mockery of the rule of law in this
country, it’s still stunning that
they refuse to yield even to the
high court," said Sierra Club
climate counsel David Bookbinder.
EPA spokesman Jonathan Shradar said
the Supreme Court required the
agency to evaluate how it would
regulate greenhouse gas emissions
from cars and other vehicles but set
no deadline.
The EPA plans to include the
evaluation in a broader look at how
to best regulate all greenhouse gas
emissions, not just those from
vehicles, he said. Otherwise, a mash
of laws and regulations could emerge
rather than the “holistic” approach
the administration favors.
“We want to set a good foundation to
build a strong climate policy of
potential regulation and laws we can
work toward and actually see some
success,” Shradar said.
EPA chief signals go-slow approach
EPA administrator Stephen Johnson
last Thursday told lawmakers that
the agency would not be rushed into
deciding.
Such action "could affect many
(emission) sources beyond just cars
and trucks" and needs to be examined
broadly as to other impacts, he
wrote the leaders of the House and
Senate environment committees.
Johnson said he has decided to begin
the process by seeking public
comment on the implications of
regulating carbon dioxide on other
agency rules that cover everything
from power plants and factories to
schools and small businesses.
That process could take months and
led some of his critics to suggest
he was shunting the sensitive issue
to the next administration.
"This is the latest quack from a
lame-duck EPA intent on running out
the clock ... without doing a thing
to combat global warming," said Rep.
Edward Markey, D-Mass. He is
chairman of the House Select
Committee on Energy Independence and
Global Warming.
Johnson said that if CO2 is found to
endanger public health and welfare,
the agency probably would have to
curtail such emissions from other
sources as well. That could affect a
range of air pollution, from cement
factories, refineries and power
plants to cars, aircraft, schools
and off-road vehicles.
"Rather than rushing to judgment on
a single issue, this approach allows
us to examine all the potential
effects of a decision with the
benefit of the public insight,"
Johnson wrote.
Sen. Barbara Boxer, who heads the
Senate Environment and Public Works
Committee, noted that Johnson has
had nearly a year to respond to the
court but "now, instead of action,
we get more foot-dragging."
"Time is not on our side when it
comes to avoiding dangerous climate
change. This letter makes it clear
that Mr. Johnson and the Bush
administration are not on our side,
either," Boxer, D-Calif., said in a
statement.
EPA staff: Draft rule shelved
Senior EPA employees have told
congressional investigators in the
House about a tentative finding from
early December that CO2 posed a
danger because of its climate
impact. They said a draft regulation
was distributed to the
Transportation Department and the
White House.
The EPA officials, in interviews
with the House Oversight and
Government Reform Committee, said
those findings were put on hold
abruptly. Johnson has said that
enacting tougher automobile mileage
requirements in December meant that
the issue had to be re-examined.
The plaintiffs in Wednesday's court
action include attorneys general
from Arizona, California,
Connecticut, Delaware, Illinois,
Iowa, Maine, Maryland,
Massachusetts, Minnesota, New
Jersey, New Mexico, New York,
Pennsylvania, Oregon, Rhode Island,
Vermont, Washington and the District
of Columbia, plus the city of New
York, and the mayor and city council
of Baltimore
Water, water
everywhere, but none to use — how
will Central Florida deal with water
crisis?
Published 4-02-2008
By
Pat Hatfield
BEACON
STAFF WRITER
Central Florida, with
its myriad lakes and rivers, atop the
Floridan aquifer, might seem to have
water to spare.
But water-management
experts say it is a mirage. Resources
are overused and drying up. Local
governments are scrambling to find
enough water for residents and
businesses over the next 20 years.
Representatives from
local governments and utilities gathered
in Sanford March 28 at a daylong meeting
organized by the St. Johns River Water
Management District.
Their goal: figure
out how to make enough water available,
at a price people can afford to pay.
***
Whatever happens,
Central Florida residents can count on
one thing: The cost of water will rise
dramatically, as we turn from
groundwater drawn from the aquifer, and
toward plants that draw and treat water
from rivers or the ocean.
The Water Management
District says we will need 200 million
gallons of water a day from alternative
sources by 2025. Some areas will need it
by 2013, a mere five years from today.
In 2006, an estimated
2 million people lived in the roughly
1,200 square miles that make up the
Middle St. Johns River Basin — including
Orange, Seminole, Lake and Volusia
counties. That number is expected to
grow to 2.6 million by 2020.
***
The cost of
alternative water will vary, depending
on the size and type of the plant.
Seminole County
Environmental Services Director John
Cirello said water from the Yankee Lake
Project will cost local governments
$2.80 to $3.82 per thousand gallons,
about three times what it costs them to
pump it from wells.
Flagler County and
the City of Palm Coast are boldly going
where no local utility has gone, to
seawater, which they expect will cost
$6.86 or more per thousand gallons.
***
Desalting seawater is
much more costly, and uses much more
energy, than filtering out the small
amount of salts and other matter from
river water.
However, seawater
proponents, like Palm Coast City Manager
Jim Landon, say surface-water plants
that use river water are a short-term
fix to a long-term problem.
Water manager expect
the river-water solution will last no
longer than 20 years.
***
The Coquina Coast
seawater plant is being planned by
Flagler County, the City of Palm Coast,
Volusia County, St. Johns County and
Marion County.
Engineers are looking
at the possibility of either a
ship-based or land-based plant along the
coast. Water would be piped inland to an
interconnected series of pipelines that
would connect with customers.
Landon said Coquina
Coast officials are talking with U.S.
Sen. John Mica's office and the Army
Corps of Engineers about federal sources
of funding, in addition to funds from
the St. Johns River Water Management
District.
He anticipates
construction of the plant could begin in
2010.
Under discussion is
the possibility of eventually running
three such plants along Central
Florida's coast, to provide up to 127
million gallons of water a day.
DeLand won't build
plant, at least for now
At the meeting in
Sanford, City of DeLand Chief Engineer
Keith Riger presented DeLand
investigation of building a plant on the
St. Johns River near State Road 44, in
partnership with Volusia County,
Deltona, Orange City and cities in Lake
County. The plant could draw around 64
million gallons per day.
That project is on
hold, Riger said. All nine utilities
considering that project are also
considering getting involved with other
projects, particularly the Yankee Lake
and Lower Ocklawaha River projects.
The City of DeLand
filed a letter of intent to participate
with Seminole County in the Yankee Lake
plant. That means the city is willing to
be a partner, given certain conditions,
purchasing water from when the Yankee
Lake plant is completed.
In its first phase,
the plant would draw 5.5 mgd or more for
irrigation purposes in Seminole County
only. In later phases, it will process
80 million gallons to 85 million gallons
of water a day for regional use.
There's a hitch in
that plan: The St. Johns Riverkeeper,
St. Johns County, the City of
Jacksonville and others are taking legal
action to block the Water Management
District's go-ahead for Yankee Lake.
Riger said he expects
that conflict to be resolved. Seminole
County's Cirello said he intends for the
Yankee Lake project to proceed.
He's not sure what
the best solution for Central Florida
will be.
"I've given this a
lot of thought, and I'm not sure what's
best for the groundwater," Riger said.
Riger sees no
problems with withdrawing small amounts
of river water, but he's not certain at
what point that will cause harm.
A similar uncertainty
is the basis for the legal action to
stop Yankee Lake. The plaintiffs
complain the St. Johns River Water
Management District hasn't adequately
studied the effect of large withdrawals
on the St. Johns and its tributaries.
"It will take 15
times the energy to treat seawater,"
Riger said.
That creates a big
carbon footprint, as well as added
expense. Simply conserving water can go
only so far, Riger said.
"There's not enough
conservation to solve the problem," he
said.
The Water Management
District is requiring a two-thirds
reduction in water pulled from the
aquifer over the next 16 years.
"By 2024, we're
supposed to reduce groundwater to a
third, two-thirds less than we're using
today. We can't do that by conservation
or restricting growth," Riger said.
Under DeLand's
current consumptive-use permit, its
utility department draws 6.35 million
gallons of day of water, strictly from
wells. In 2008, that's expected to grow
to 6.38 million gallons a day. By 2024,
that will be have to be reduced to
around 2 million gallons a day, and the
city will need 8.5 to 9 million gallons
a day from alternative water sources,
such as the river or the ocean.
A plant along the
river by DeLand may become a reality in
the future, but not now, Riger said.
A few hundred
thousand dollars would have to be
committed to prepare a preliminary
report for the Water Management
District's review by the end of April to
secure matching funding from the
District, and that isn't going to
happen.
***
Some at the Sanford
meeting complained about having to make
financial commitments to projects by the
end of April, when the Water Management
District itself hasn't completed a
two-year study of the effects of water
plants on the river.
But Water Management
District Department of Resource
Management Director Hal Wilkening said
results of that study would cause
minimal design changes to their
projects, at worst.
He said the Water
Management District plans to pay $15
million a year toward sustainable
sources of water, even if the state
slashes funding for the program because
of budget cutbacks. The district will
continue its emphasis on
multi-jurisdictional projects, giving
them funding priority.
***
Riverkeeper Neil
Armingeon said he was disappointed so
little time in the meeting was devoted
to the environmental impacts of tapping
the river, or to talk about conservation
measures that could reduce the amount of
water localities will need.
His group is
challenging Water Management District
approval of the Yankee Lake project,
citing environmental concerns.
-
pat@beacononlinenews.com
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Too bad Kevin failed to mention that Dade City
has objected to the density of the Citrus Ridge project. So...
neighboring county residents think the density is too high for a
transition into a rural protection area, the city thinks the
density is too high for them and county staff recommended
following the city's proposal for lower density. Seems the only
people who think this is a good idea are John Gallagher, our
county administrator, Robert Sumner, our former county attorney
and Joel Tew, the developer's attorney. What's wrong with this
picture?
Rally Planned Against Project
By KEVIN WIATROWSKI
The Tampa Tribune
Published: April 2, 2008
DADE CITY - Residents of the Tank Hill neighborhood will
host a rally Thursday evening to oppose Citrus Ridge, a
subdivision proposed for land on the city's western flank.
The rally will start at 7 p.m. at the Dade City Garden
Club, 13630 Fifth St. The hourlong event will include maps
of the project and discussions about its potential effects.
Clearwater-based Bayshore Broadway has proposed turning
112 acres on the north side of St. Joe Road into a 358-home
subdivision built along the lines of retro-style communities
with alleys and front porches.
Uradco, the development arm of Withlacoochee River
Electric Cooperative, owns the land.
The property sits within a county-designated transition
zone from the city's high-density grid to a less-dense rural
character.
Opponents of the project, including many residents of the
nearby Tank Hill community, say Bayshore's proposal is out
of sync with the surrounding land uses.
They also say traffic from the neighborhood will cripple
already-congested St. Joe Road and storm runoff will flood
areas downhill.
Rally organizer Debbie Parks said her group hopes to
muster more opposition to the rezoning of the site.
That rezoning will be considered by the county planning
commission April 9 in New Port Richey.
"There are questions that need to be answered," Parks
said Tuesday. "We're not getting answers."
Bayshore has encountered resistance to its development
plans since first submitting them to Dade City officials two
years ago.
The earliest plans for the project called for 450 homes -
a figure that made city officials so uncomfortable they
declined to annex the property.
City commissioners have been invited to the rally, Parks
said.
In November, Bayshore cut its housing figure to 400.
County Administrator John Gallagher and the Development
Review Committee shrank that further to 358, roughly equal
to the city's overall density of 3.2 homes per acre.
The developer complained that the county's proposal
wouldn't work financially. Nevertheless, in January,
Bayshore returned to the review committee with plans for 358
homes.
That decision won the project the committee's blessing,
but earned it no support on Tank Hill.
Residents continued to assert the project will overload
roads, schools and drainage in the area - an argument
they'll repeat at Thursday's rally.
"We're trying to alert all the people in this area about
what this development will create," Parks said.
Reporter Kevin Wiatrowski can be reached at
(813) 948-4201 or kwiatrowski@tampatrib.com.
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