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Keeping America's Wetlands Safe

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

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

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

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

 

 

 

 

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

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.

 

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

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

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.

Project study yields dispute

By Chuin-Wei Yap, Times Staff Writer

Published Tuesday, April 1, 2008 8:24 PM


HUDSON — In a strongly worded e-mail to County Administrator John Gallagher, a retired top official of the U.S. Army Corps of Engineers who is steering a 2,300-acre development proposal in Hudson criticized one of Pasco's most senior environmental officials for making "permitting almost impossible" on a channel crucial to the development.

Robert Carpenter, former commander of the corps' office in Jacksonville, blasted county biologist Robert Tietz for delays after Tietz suggested an examination of Pasco's coastal resources, including sea grass.

Carpenter told Gallagher in a March 21 e-mail that Tietz "is not on our side."

Pasco County and the developers of the Sunwest Harbourtowne project, which calls for more than 2,000 homes, an 18-hole golf course and 540,000 square feet of stores and offices, are jointly working on a channel to access the Gulf of Mexico from Hudson. The county is taking the lead in getting the channel approved.

Sunwest officials said last year they had found a route for the channel that would avoid any impact to environmentally sensitive sea grass off Hudson.

"My blood is boiling!" Carpenter wrote to Gallagher. "I need some help. You have to read the e-mail Mr. Tietz sent after having 85 days to review the county park/channel … He is not on our side. His action is required for FDEP (Florida Department of Environmental Protection) permit. … Please help. Internal correspondence and actions like this make permitting almost impossible. I am amazed at his boldness."

The state DEP is reviewing the proposal and awaiting a response from Pasco and Sunwest by next Wednesday on a variety of questions the department had asked about the channel, including its impact on sea grass.

Carpenter was apparently enraged by a March 13 e-mail Tietz had sent county officials and consultants.

Tietz outlined the work he's been doing to analyze Pasco's sea grass and other coastal resources, and proposed a workshop with county consultants to discuss his findings.

"My comments are intended to assist in developing a plan at the local level that will make the park and canal eminently permittable by those folks and agencies that are regulators," Tietz wrote. He said his study isn't just for the Sunwest development but for Pasco's long-range planning needs.

Tietz made clear that he's not opposed to the project, and in fact believes it would complement Pasco well.

"My perspective on those land-based resources to be protected, preserved and enhanced by the park development is that it is an ideal situation and great opportunity for the residents of Pasco County, and an attractive and valuable addition to the Nature Coast concept," he wrote in his March 13 e-mail.

Pamala Vazquez, DEP's spokeswoman, said the department's April 9 deadline can be extended. She said it's not unusual for the department to grant extensions, and that in such cases, the DEP only denies applications if the applicants consistently refuse to provide adequate responses. There are no rules on when applicants should request extensions, Vazquez said.

Tietz, who has worked on environmental issues in Pasco since 1982 and is a respected figure among local environmentalists, never got a copy of Carpenter's criticism but another county official read it to him.

Tietz told the Pasco Times on Friday that he felt Carpenter was "just being a bully."

"Pasco currently has no map showing where our coastal resources are," he said. "We've got the tools now."

Gallagher dispatched Michele Baker, his chief assistant, to make peace.

"Bob (Tietz) didn't do anything wrong," Baker said Tuesday. "But he was probably doing more than the minimum required. He probably didn't do a good job communicating with PBS&J" — referring to the project consultants who forwarded Tietz's e-mail to Carpenter — "and he's promised to maintain better lines of communication with them."

PBS&J, an engineering consultant, works for both the county and Sunwest on this project.

Baker said she thought Tietz was acting "with the very best of intentions." She said the county is trying to learn from its mistakes in an earlier unrelated project to dredge a different Hudson channel, which ran into years of problems because of terrain and funding.

A Sunwest spokeswoman, Becky Bray, said Carpenter was out of town Tuesday. She said Pasco has signed off on the channel and attached county park.

"It is very frustrating when the county has its approvals and is ready to move to the next step and someone wants to start over," Bray wrote in an e-mail to the Times.

As the process moves forward, lots of agencies will review the park and the channel's environmental standards, Bray said.

Tietz has now scheduled a meeting with PBS&J on Friday, Baker said.

Has Tietz been ordered to stop his review of coastal resources?

"No," Baker said. "But he's been asked to hurry up and get some closure."

Chuin-Wei Yap can be reached at cyap@sptimes.com or (813)909-4613.

Hernando Beach dredging permit may come by week's end

By Barbara Behrendt, Times Staff Writer

Published Tuesday, April 1, 2008 7:44 PM


BROOKSVILLE — Hernando County commissioners on Tuesday signed an agreement for the county to accept $6-million from the state for the long-awaited Hernando Beach Channel dredging project.

That means that if the state Department of Environmental Protection tells Hernando officials that the two needed permits will be issued, the county can accept those millions. The overall project is expected to cost $9-million, with Hernando County paying the balance.

Commissioners got even better news from the assistant county engineer who has been heading up the project. Gregg Sutton told them that he expects notice by the end of this week that the first permit, the one needed to straighten and lengthen the channel, will be issued.

The other permit needed from the state, the one which will allow the county to dump the spoils of the dredge on the upland portions of a parcel owned by the Manuel family on Eagle Nest Drive, will come in another week or possibly longer, Sutton said.

If the DEP issues a notice to permit the project, citizens have 21 days to file formal opposition. Some residents near the dredge spoils site have said they will oppose the move, which agency officials say could tie up the long-overdue project for months or longer.

Residents objected to the filling of wetlands on the Manuel property, something the county says has been dropped from the plan. They also worry about the truck traffic and question why the county worked so hard to put the fill on the site owned by the prominent Manuel family, which plans to develop the land.

Sutton said a permit is also in process with the Army Corps of Engineers and he was optimistic it will be approved soon as well, paving the way for bidding the project and beginning dredging by late summer.

"This summer?'' asked a skeptical commissioner Diane Rowden.

"This summer,'' Sutton said.

Also Tuesday:

•Commissioners agreed to allow Spring Hill Fire Rescue to keep a modular building at Station 3 at Spring Hill Drive and Whitewood Avenue. The building was to have been removed when the renovation of Station 3 was done.

The plan was to use the building at the site of the next station improvement project, interim Chief Mike Rampino told commissioners. But with all the budget constraints, Rampino said fire officials have not decided whether to move forward with other improvements or to use the building for office space or even a temporary fire station elsewhere on Spring Hill Drive as suggested in the recent fire study.

•Commissioners turned down a request to rehear a case in which the Hernando County Radio Control Club was allowed to continue its use of a 40-acre site on Benes Roush Road to fly their model airplanes. Commissioner Chris Kingsley asked if anyone wanted to hear the case and all the board members shook their heads. "Let it be, as the Beatles said,'' said commissioner Jeff Stabins.

•Clerk of the Circuit Court Karen Nicolai presented commissioners with the Comprehensive Annual Financial Report including the annual audit, which was clean and contained no significant deficiencies or material weaknesses.

Barbara Behrendt can be reached at behrendt@sptimes.com or (352) 848-1434.

River lovers wary of gas plant plan

By Asjylyn Loder, Times Staff Writer

Published Tuesday, April 1, 2008 2:37 PM


Progress Energy announced plans Tuesday to quadruple the size of its power station on the banks of the Suwannee River, stirring protests from environmentalists concerned the project could harm an ecosystem already beset by drought.

The St. Petersburg utility said the addition of 1,200-megawatt natural gas plant will be far cleaner than the power station's existing oil plants, which were built in the 1950s. But environmentalists worried that the new plant will need more water and emit more pollutants along a river already suffering from the side effects of industry and growth.

The existing power station, near Ellaville in north Florida, has several small generators with a combined capacity of close to 300 megawatts. The new plant will produce enough electricity for about 250,000 homes.

"It's a little terrifying," said Annette Long, president of Save Our Suwannee, an environmental group. "We are concerned. That area of the river is already impacted."

The utility offered few details on the impact to air and water quality. Buddy Eller, spokesman for Progress Energy, said that new technology is far cleaner than the aging oil-fed power plants on the site. New transmission lines will follow existing corridors, limiting its impact. The utility also anticipates that the new plant will use less water.

The existing plant siphons 174-million gallons per day from the Suwannee River, Eller said. The water runs through the plant to cool it and is returned to the river. He didn't know how much water the new plant would use.

The new plant will be far larger and will run more often. Long worried that the expansion could further affect a troubled stretch of river. Water levels have been low, interfering with the sturgeon, increasing the concentration of pollution, leading to salt-water intrusion, and contributing to harmful algae and fish kills, she said. She said she had to carry her canoe over parts of the river recently because water levels were so low.

Progress Energy announced the plans Tuesday in conjunction with filing its 10-year plans with state regulators. The utility followed Florida Power & Light in Juno Beach and Tampa Electric. Both utilities recently announced plans to expand their use of natural gas.

Progress Energy didn't say how much it would cost to build the new plant, but estimated that transmission lines would cost about $80-million. The utility has yet to finalize its plans.

The cost of similar projects varies widely. Florida Power & Light is paying a combined $1.3-billion to build two similarly sized plants in Palm Beach County, said Pat Davis, spokeswoman for Florida Power & Light. Tampa Electric estimated the cost of a similar but smaller 555-megawatt plant at $555-million, said spokesman Rick Morera. Progress Energy last year completed a 520-megawatt natural gas plant at a cost of $267-million, plus another $60-million for transmission lines, Eller said.

Asjylyn Loder can be reached at aloder@sptimes.com or
(813) 225-3117.

 

 

Why Rubio's equity loan is our business

Some people go to the supermarket and forget to buy milk. State House Speaker Marco Rubio gets a $135,000 equity loan and forgets to disclose it. So it goes: Memory is an untrustworthy friend.

But Monday, Rubio was laughing. ''I'm sorry,'' he said between chuckles, ``I'm still puzzled on why this is newsworthy.''

I'll explain. But first a recap: The Miami Herald reported Saturday that Rubio had quickly amended his financial disclosure forms after the paper asked why they were missing the loan from US Century Bank. Rubio called the omission ``an oversight.''

The bank, whose board of directors includes prominent supporters, had extended the $135,000 equity line 37 days after Rubio and his wife bought a $550,000 home in West Miami in late 2005.

NO RISE IN VALUE

But it's not that the home gained more than $100,000 in value in a month, Rubio explained: He had frozen the price before the house was finished.

US Century chairman Ramon Rasco backed Rubio: ``The appreciation did not take place over 37 days. He signed a contract to purchase the house preconstruction over a year before. In '04 and '05 we had the biggest run-up in prices we've seen in our history.''

Those were heady days. Rubio wasn't the only one to benefit. In the context of Miami's real estate insanity, Rubio's quick profit is less disquieting than his judgment.

The reason politicians are required to disclose their financial dealings is to ensure transparency. Those of us who send our tax dollars to Tallahassee have a right to know the friends and business partners of the politicians entrusted with our money.

If Rubio is going to ally himself with developer Sergio Pino against slots, we need to know that he's banking with him. If Rubio enjoys the support of Floridians for Property Tax Reform, we need to know that Jose Cancela, involved with the pro-tax-cut group, is also on the board of US Century.

And if Rubio does run for county mayor later this year, voters need to know that the bank that holds his loans is run by men who might be pleased if the county extended the urban development boundary to allow development in what is today farmland.

In addition to Rasco, US Century's board includes Pino, Armando Guerra, Agustin Herran and Carlos Garcia. Those men are affiliated with Neighborhood Planning Co., which has partnered with Lennar and the Easton Group to develop some 800 acres outside the UDB.

CONNECTING THE DOTS

Rasco acknowledged the connection Tuesday, saying Lennar was ``leading the effort to present the plan.''

He added: ``Back to the bank, I don't know how I can convey that we don't make loans to curry political favor with anyone.''

Understood. If I ran a bank, I'd probably give Rubio a loan too. Why not? He's a respected member of society who earns more than $300,000 a year.

But if I were Rubio, I might think twice about banking with US Century. If some day Rubio is mayor of Miami-Dade County and his bankers want the UDB extended? Forget corruption -- it's hard to say no to friends, especially ones who lend you cash.

Rubio told me the UDB should be kept in place in ''the short term,'' which he described as ''five years.'' And then what?

Politicians have tremendous power. Developers have tremendous appetites. That's why, even when everything is aboveboard, dealings between the two must be disclosed.

Then the only faulty memory voters will have to worry about is their own.

 

Largest Fla. power companies need to increase electricity output

TALLAHASSEE, Fla. (AP) -- Florida Power & Light will need to increase electricity production by 25 percent over the next decade to meet rising demand, the company said Tuesday.

In a document outlining its plans for the next 10 years filed with state regulators, the state's largest electric company said it expects to have more than 5 million customers by 2017. Electricity usage will also increase by 16 percent for each residential customer by then.

FPL plans to build new nuclear generators at its Turkey Point facility south of Miami and to upgrade existing nuclear generators there and in St. Lucie County to deal with the growth.

The company said it also plans to aggressively pursue alternative sources of energy, including solar power, and is also seeking to build a new natural gas generator at a plant in Palm Beach County.

The state's second largest electric company, St. Petersburg-based Progress Energy Florida, also filed an outline of its plans over the next decade with the Public Service Commission Tuesday. It said it will seek to build a new natural gas generating unit at its existing plant in Suwannee County in north Florida.

The new generator, if it goes forward, would replace three 1950s era oil-buring plants at the Suwannee County facility in an effort to lower emissions and improve efficiency, the company said.

Progress said previously it wants to build two new nuclear generators that would start running in 2016 and 2017. The natural gas plant would be ready sooner, likely in 2013.

Progress serves 1.7 million Florida customers.

FPL serves 4.5 million Florida customers in 35 counties.

Panel Considers Water Action Plan

Proposal outlines incentives, penalties to encourage more conservation.

LAKELAND | We're in a drought, but apart from giving a token nod to the fact by declaring April as Water Conservation Month, what kind of real conservation efforts are going on locally?

At the moment the effort seems to be limited to reminders about water restrictions stuffed in water bills, conservation tips on government Web sites and conditions on water permit renewals in which local officials promise to do better than they did in the past.

The future will provide a more specific approach if Polk County's proposed Water Conservation Action Plan is any guide.

The plan, which is still being studied by the county's Water Policy Advisory Committee, goes well beyond the gentle persuasion that seems to typify most of the local
water-conservation efforts.

One proposal would be to treat violations of water restrictions more seriously by:

Increasing fines for violations and using the revenue from fines to pay for the enforcement effort.

Using neighborhood volunteers to help code enforcement officers and police to spot violations.

Making the enforcement uniform throughout the county.

"We're trying to find an effective way to fund water conservation,'' said Pamela Reynolds, Polk's water conservation coordinator, who said that enforcing watering rules has not been a high priority in the past.

Committee Chairman Marian Ryan agreed.

"The water management districts say conservation is the easiest water supply, but it is the bottom of our priorities,'' Ryan said.

In addition to trying to find a way to more aggressively enforce watering restrictions, some of the other water conservation measures included in the plan are:

Plumbing retrofits for homes and apartments.

Rain and moisture sensor rebates.

Establishing monetary incentives for people who don't have automatic irrigation systems, or who use alternative water supplies for irrigation.

In addition, the plan calls for setting up a monitoring program to measure water-use efficiency to determine how much water is being saved.

Reynolds said there is no estimated cost for implementing the plan, which will require approval by the County Commission.

But Roger Griffiths, one of the committee members, said county officials may face resistance from the general public because they feel they're being misled.

"We're not conserving, we're asking people to reallocate the water to someone else,'' Griffiths said. "That's why the general public is not backing this.''

He said the problem is that water management districts continue to issue permits because the law requires them to do so as long as the request for the water is for "a reasonable and beneficial use.''

Reynolds said while there isn't a water-supply shortage in Florida, there is a shortage of relatively cheap, easily exploitable water supplies.

Under the current regional agreements, Central Florida water managers have agreed not to issue new permits for wells drawing water from the Floridan aquifer after 2013, which has pushed utilities to seek more alternative sources.

Those alternative sources include treated sewage, stormwater and siphoning water from rivers and lakes.

Mike Britt, another committee member, said the challenge will be managing water supplies farther into the future, such as to 2030 and beyond to accommodate growth.

"The growth is not going to stop,'' Britt said. "It's our job to enforce that to some extent.''


Tom Palmer can be reached at tom.palmer@theledger.com or 863-802-7535. His blog on the environment is at environment.theledger.com.

Lake may scale back growth plans because of water worries

Robert Sargent

Sentinel Staff Writer

April 2, 2008

TAVARES

Lake County may scale back its growth plans to save water and thousands of acres of vital wetlands.

Officials have worked for more than two years to overhaul the county's comprehensive development plan -- a blueprint for growth that estimates a 60 percent population increase during the next 17 years to more than 463,000 people. Along with the effects of other counties' growth, the steep impacts in Lake are expected to outpace available underground drinking water in just five years.

Many cities that run public water utilities will be forced to pay hundreds of millions to tap into alternative water supplies from lakes and rivers. But if left unchecked, the Floridan Aquifer still could be heavily affected by owners of private, self-supply wells.

A draft report from the St. Johns River Water Management District shows how groundwater withdrawals exclusively from new self-supply wells across east Central Florida could inflict a devastating toll, dropping aquifer levels by up to 2 feet and possibly damaging more than 4,000 acres of wetlands in Lake County by 2030.

County Commissioner Elaine Renick, who also sits on the East Central Florida Regional Planning Council, says the environment is too much to risk even for that segment of water users. So on Tuesday she urged the County Commission to consider scaling back Lake's proposed comp plan to prevent increasing population densities and to better safeguard the environment.

"It's really kind of staggering," Renick said of the water demands.

She met with St. Johns experts to discuss the new water report last week, and she said she hopes local governments will work closely to address demands on the environment.

"The water discussion has always been so interwoven with the growth issue -- I don't know how you separate the two," Renick said.

Lake has about 290,000 residents. A proposed overhaul of the county's comp plan could allow for as many as 463,500 people in 2025.

Rob Kelly, a member of Lake's Local Planning Agency and president of the Citizens Coalition of Lake County, said proposed development isn't needed to meet that population goal -- the county already has approved enough residential development to more than double that number.

"The densities in the comp plan need to be scaled back to meet the 2025 population projections," Kelly said. "The currently approved comp plan has enough approved parcels and development in it to accommodate more than a million people in Lake County."

Kelly argues that the looming water crisis best exemplifies the need to control growth: "It's going to cost everybody dearly unless they choose to operate differently in the future."

St. Johns officials want to meet with Lake's governments in the next few weeks. They will go before the Lake County Water Alliance at 5:30 p.m. April 9 in Leesburg.

Officials also want to address county commissioners and planners with each of Lake's 14 cities that provide water utility services to residents. Barbara Vergara, the St. Johns director of water-supply management, said those utilities will see huge cost increases to provide alternative water to customers.

"Utility providers are looking at costs going up two to three times higher," Vergara said.

Outside of customers who use public utilities, Lake now has about 50,000 water wells that are privately owned and operated. Water used by those self-supply wells is expected to increase from 12.4 million gallons a day in 2005 to 35.8 million gallons by 2030.

That increase would support an extra 105,476 people in unincorporated areas of the county, according to the district report.

Throughout east Central Florida, the demand is expected to increase from nearly 37 million gallons a day to more than 70 million between 2013 and 2030.

That could drop the Floridan Aquifer by up to 2.2 feet, according to the new report.

The groundwater drop could harm about 4,202 acres of wetlands. About 4,178 acres of that is in Lake County.




Robert Sargent can be reached at rsargent@orlandosentinel.com or 352-742-5909.


Developments on eastern shore of Lake Tohopekaliga in Osceola County approved
Sentinel staff reports

3:54 PM EDT, April 1, 2008

The first of six massive developments along the eastern shore of Lake Tohopekaliga in Osceola County was approved unanimously by county commissioners Monday night.

Residents near a project that could bring around 10,000 people to an area between Kissimmee and St. Cloud spent hundreds of hours studying and fighting developer D.R. Horton's plan.

After meeting over three consecutive Mondays, commissioners voted 5-0 to approve the project that will be built approximately 1,600 acres. The company has 30 days to work out transportation issues or the order will be void.

As the first of six developments of regional impact, approval was viewed as key because it sets the tone for the other five developments that stretch south along Lake Toho and will bring about 100,000 residents to the county.

Supporters of the project 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 opponentss lamented that it was not compatible with surrounding neighborhoods.

Consultant: X-way brass made me do fundraising

Ron Pecora, who was fired, says he was pushed to help with political campaigns.

Dan Tracy and Jay Hamburg

Sentinel Staff Writers

April 2, 2008

Four leaders of the area's toll-road agency pressured their former marketing consultant to raise money for politicians, the jilted executive has charged in sworn testimony.

The claims by Ron Pecora of Winter Park provide the first public glimpse of what might be in a sealed report that details political fundraising at the Orlando-Orange County Expressway Authority. The document, closed to the public since it was completed by an Orange County grand jury in October, did not allege any criminal wrongdoing.

But the report -- called a presentment -- did contend that developers exert too much influence in the political arena, Orange-Osceola State Attorney Lawson Lamar said when he announced the grand jury had completed its work.

Pecora, during a nearly eight-hour deposition given last month and recently obtained by the Orlando Sentinel, said he has a copy of the presentment and maintained he was pushed to obtain money for political campaigns.

He specifically mentioned that he was approached by "the chairman of the authority. It [fundraising] was requested by the executive director of the authority. And it was requested by two board members of the authority."

Though he typically charged the authority hourly rates of up to $100, Pecora said he collected campaign pledges for free.


'Part of the work'

"I considered it part of the work that was required in order to keep my contract with the expressway authority. But there were explicit instructions given within my firm that we did not charge for the political-fundraising tasks that we were asked to do," he told Dan Gerber, an Orlando lawyer hired by the agency to investigate alleged overbilling by Pecora.

Pecora stopped short of naming names during the deposition. He would not elaborate on who compelled him to seek political contributions when reached by phone Tuesday.

"I think it [his testimony] speaks for itself," Pecora said. "Surely, it [the presentment] will come out."

The chairman during the latter months of Pecora's 12-year tenure with the authority was Winter Park developer Allan Keen. The executive director was and remains Mike Snyder.

Keen's attorney, Bob Leventhal, said, "Fundraising in itself is part of the system, and if no laws were violated, then any complaints at this time are merely sour grapes and meant to deflect scrutiny from Mr. Pecora's actual conduct."

Keen resigned from the board of the toll agency in January 2007, saying he needed to focus on fighting false allegations against him.

Snyder, reached on vacation, said, "In all my years of public service, I have never been involved with political fundraising." He would not comment further.

Previously,Orange County Mayor Rich Crotty said that Keen helped raise money during Crotty's two successful runs for mayor. Crotty replaced Keen as the board chairman. On Tuesday, Crotty said, "There was never any pressure from this board member at any time to raise money for my campaigns."

Pecora also said in his deposition that Crotty asked him for an internship for his teenage daughter. Crotty said he talked to Pecora about his daughter's interest in the communications business, but she ended up spending only a day shadowing at Pecora's office.

The grand-jury report has remained sealed because Keen asked the 5th District Court of Appeal in Daytona Beach to halt its release. Under Florida law, the presentment can be closed to the public to allow those who were named in it to challenge the findings or request that it remain secret.

The appeals court has not indicated when it might rule.

Pecora's deposition was taken March 4 as part of a billing dispute between him and the authority. He was fired in October 2006 after Snyder said Pecora had received authority money for work that was never done.


The Guetzloe angle

Pecora countered in public and in the deposition that the real reason he lost his $1.7 million contract with the agency was because he would not defend the authority's relationship with Doug Guetzloe, a well-known toll opponent and anti-tax activist.

Guetzloe's firm was hired and paid $107,500 by Pecora's firm for producing, among other things, a short report and research on why people dislike paying tolls to drive on the expressway's 100-mile system.

"This all comes back to the one issue: I would not lie for Chairman Keen and the executive director, Mike Snyder, about the hiring of Doug Guetzloe," said Pecora, who described his firing as "vindictive."

In a related deposition given to the authority, Guetzloe said he was recruited by Pecora for advice on a variety of matters, including a potential toll increase.

Pecora, however, said in his deposition that Guetzloe called him first and told him he would be working for the agency.

Both Pecora's deposition and Guetzloe's sworn statement were part of an investigation by the expressway authority into alleged billing discrepancies by Pecora. That probe yielded 19 boxes of affidavits, financial records and supporting material.


Settlement reached

The expressway settled with Pecora last week. It absolved him of any future claims, even though the authority initially contended he owed the agency more than $400,000.

In exchange, Pecora agreed to pay the agency more than $8,300 for work that was never done on a Spanish-translation project and to drop claims that the agency owed him more than $140,000 in unpaid bills, plus a suit he filed against the authority for defamation and wrongful termination.

Last year, Pecora told investigators that Keen had asked him through an intermediary for $2,600 worth of free theme-park tickets for a friend. Investigators charged Pecora with bribery for providing the tickets. Keen was not charged. Pecora agreed to do 100 hours of community service in return for dropping the felony charges.


Dan Tracy can be reached at dtracy@orlandosentinel.com or 407-420-5444. Jay Hamburg can be reached at 407-420-5673 or jhamburg@orlandosentinel.com.

 

Decline in building permit purchases affects city of Tallahassee budget

By Julian Pecquet
DEMOCRAT STAFF WRITER

The slowdown in home construction is having ripple effects not only in the private sector, but on local government as well.

The city of Tallahassee's building inspection fund is projecting a $1 million deficit in a $3.9 million budget this year, and the city is considering raising permitting fees to make up the difference. That rankles some home builders.

"Why are we in a $1 million deficit?" asked Dale Fuller, the executive officer of the Tallahassee Home Builders Association. "Because we're not building homes. Why would you increase the fees on something that no one's buying?"

The number of residential building permits issued has declined steadily the past few years from a high of 1,297 in 2005 to 1,065 in 2006 and 827 in 2007. Between October and January this fiscal year, only 114 permits were issued.

"Right now, people are not jumping into new houses," said Ronnie Spooner, the city's building official. "It's just too scary."

To make up the difference, the city is considering several options besides higher fees, including transfers from the general fund and not replacing people who leave or retire. The division of building inspections has 42 employees, and about two-thirds of them have the skills to conduct inspections, Spooner said. It's supposed to be self-supporting.

Transfers from the general fund would mean less money for services such as parks and police, at a time when the city has already eliminated $6.2 million this year as a result of state-mandated property tax cuts.

But the other two options would have an impact on home buyers. Cutting the number of inspectors who sign off on the building, electrical, plumbing, gas and mechanical safety of homes could lead to longer delays before homes are certified for occupancy. And higher fees would likely be passed on to home buyers, Fuller said.

Spooner said the city has been considering raising the fees because the $1,063 average for a 2,000 square foot home is less than Leon County's $2,132. Fuller said higher fees aren't a good option, but eliminating staff through attrition could mean a shortage of inspectors when business picks up.

"The problem with cutting people in government is there's so many strings attached," she said. "Once you cut a position, you don't know if you're going to get it back."

She said members of the association's government affairs committee will meet Thursday to look at how Tallahassee's rates compare to other cities and come up with proposals on how to reduce the deficit.

  • Contact reporter Julian Pecquet at (850) 599-2307 or jjpecquet@tallahassee.com.
  • County Commissioners' Stimulus Drive To Continue

    Published: April 1, 2008

    SEBRING — Forget about suspending impact fees to stimulate the slowed-down local economy.
    But don't think the Highlands County commissioners have given up on finding other ways to help jump start the county's stalled business climate.

    Those were the two messages the county commissioners sent Tuesday as they voted, unanimously, not to temporarily suspend impact fees, as Commissioner Guy Maxcy proposed three weeks ago.

    "I think the idea of trying to stimulate the local economy is still a good idea and other proposals were raised and need to be pursued," Commissioner Barbara Stewart said after the vote to kill the idea of suspending the fees collected on new construction to cover future infrastructure costs.

    Cutting property taxes and streamlining the bureaucratic process for getting building permits and inspections are among the ideas that should be considered, Stewart said.

    Maxcy agreed, and said he'll consider other ideas to stimulate the local economy in the near future. He added that he'll begin work on other ideas in a few weeks, after he recoups a bit from three weeks of being in the bright spotlight of a heated debate over his impact fee idea.

    Maxcy joked that he felt like a hunter who chased a raccoon up a tree, then found a battle bigger than he bargained for as the raccoon viciously fought back. Like that fictional hunter, Maxcy said, he needs "some relief."

    One idea raised by Maxcy, Stewart and others is to reduce property taxes for the county's next fiscal year, which starts Oct. 1.

    "A real practical way to stimulate the economy is to get people to work," Commissioner Andy Jackson said. And, he said, while the private sector makes its own decisions on launching or delaying building projects, the county could try to start its scheduled building projects as quickly as possible.
    "You need to get people to work," Jackson said.

    Commissioner Edgar Stokes supported cutting property taxes to help boost the economy.

    To encourage spending that creates jobs, Stokes said, "the best way is to give taxpayers a break and lower the millage." In order to drop property taxes, commissioners will look toward budget cutting as work on the new county budget begins next week. Work on the budget will hit high gear about mid summer.

    At an emergency meeting on Friday, the Highlands County Citizens Advisory Committee on Impact Fees voted 9-2 to recommend that the commissioners reject a temporary suspension of impact fees.
    After the committee vote, Maxcy said he was dropping a proposal to suspend impact fees but would keep searching, and asking, for ideas on boosting the economy.

    Bob Horne, a Sebring resident, asked commissioners Tuesday to suspend the 20-cent per gallon county taxes on gasoline as a way to boost the economy.

    Horne, though, was mistaken in using the 20-cent figure. County taxes on a gallon of gasoline total 12 cents, said Assistant County Administrator Ricky Helms.

    Horne said dropping the 12-cent per gallon tax would still help. Helms, though, said that would leave no way to pay for road maintenance and building, and the county would have to lay off 100 workers and pay for their unemployment checks.

    Jackson said suspending the county's 12 cents collected on every gallon of gasoline sold would not stimulate the economy in Highlands County, in part, because a substantial part of gasoline sales are by non-county residents who are just passing through on U.S. 27.

    State sues over insurance company's failure
    Suit seeks money that homeowners are now responsible for paying

    Florida's insured property owners are on the hook for nearly $800 million to pay claims for the failed insurance companies of the Poe Financial Group.

    State officials would now like Poe and its top executives to pay up as well.

    The Florida Department of Financial Services filed a lawsuit last week against officers, directors and affiliates of Poe for more than $100 million in damages.

    The suit, filed in Tallahassee, contends that the Poe officials paid themselves hefty dividends even though they knew the companies were headed to insolvency.

    The Florida Insurance Guaranty Association (FIGA), which pays the claims of defunct insurers, has so far spent $1.2 billion to cover 46,600 claims from Poe's three insurance companies.

    That is about four times the original estimate since Tampa-based Poe was seized by state regulators in May 2006, felled by huge losses from Hurricane Wilma in 2005.

    FIGA is again this year charging all Florida liability policies a 2 percent assessment to clean up Poe, the largest insurance collapse in state history.

    That charge, which adds $50 to a $2,500 premium, includes homeowners, commercial property, medical malpractice and aircraft insurance policies.

    "Florida's insurance consumers were forced to foot the bill when the Poe companies became insolvent so that policyholders could have their claims paid," said state Chief Financial Officer Alex Sink.

    "We will aggressively pursue any opportunity to recoup additional funds to reduce the assessments levied against Florida's insurance consumers," she said.

    FIGA expects to need another $123.5 million to cover the remaining claims from Atlantic Preferred Insurance Co., Florida Preferred Property Insurance Co. and Southern Family Insurance Co.

    The agency will collect $790 million from the assessments on policyholders. Reinsurance and liquidation of company assets will help pay the rest.

    Poe was the state's fourth-largest property insurer with 320,000 policies, including more than 20,000 in Sarasota, Manatee and Charlotte counties.

    Most of those policies had been taken out of the high-risk portfolio of the state-run Citizens Property Insurance Corp., which wound up taking most of them back.

    Poe was founded by former Tampa mayor Bill Poe Sr. His Poe and Associates insurance agency is still in business.

     

    Commission considering some industrial buffers
    Proposed ordinance would require sound barriers, paved roads at most sites

    Benjamin Roode

    Wednesday, April 02, 2008


    TAVARES - Residents living next to proposed industrial sites could avoid some of the sights and sounds associated with heavy industry.

    Lake County commissioners Tuesday approved on first reading an ordinance that could require business owners with new industrial developments to put up sound barriers, keep their buildings more than 100 feet from property lines, keep dust-generating materials under wraps and pave and water roads on the property to keep down dust.

    Residents from the Arlington Ridge subdivision, through attorney Leslie Campione and resident Bob Merriam, said the ordinance was not anti-business and in fact made it easier for a business to know exactly what it has to do to get started in Lake County.

    A nearby cement plant and its operator have been good stewards when it came to requests from Arlington, they said. The new ordinance would make sure all new industrial developments would do the same.

    The proposal was a "clear, common-sense guideline of how to be good neighbors," Merriam said.

    County staffers recommended commissioners cut out any noise level restrictions from the ordinance, instead suggesting the ordinance refer to a countywide noise ordinance staff was compiling.

    Campione said that worried some of the residents because it might mean the county couldn't impose noise requirements beyond what was set in the other ordinance. Commission Chairman Welton Cadwell asked the ordinance to be rewritten to allow commissioners to set tougher standards.

    Merriam reminded commissioners the proposal would benefit more than his development.

    "It protects... the entire county," he said.

    Commissioners must consider the proposed ordinance a second time because it changes development regulations.


    Pilot who crashed in Quincy faults trees

    By Nic Corbett
    DEMOCRAT STAFF WRITER

    A report recently released by the National Transportation Safety Board reveals that the small plane that crashed in Quincy in late February had 3.5 gallons of fuel in its four tanks.

    But the pilot, Bill Hix, of Walsenburg, Colo., said that wasn't enough fuel to power the engine, which he needed to avoid a 50-foot obstacle in the way of the runway.

    "People in Quincy ought to cut those trees down," he said. "I think they're a hazard."

    Hix crash-landed Feb. 27 into an oak tree, where his plane was suspended 40 feet from the ground. Hix tried to climb down but the branch he stepped on gave way.

    He was seriously injured, but has since recovered. His surgeon told him the casts on his wrist and kneecap may come off Friday. First-responders rescued his wife, Sally Hix, and a friend, Joe Piper, who were passengers stuck in the tree. They suffered minor injuries.

    Hix was flying cross country and planned a fuel stop at the Tallahassee Commercial Airport, about 14 miles east of Quincy. But once he arrived, he discovered the airport had recently quit selling fuel.

    Hix decided to fly to the Quincy-Gadsden Airport to refuel there.

    However, the Cessna 177B he was piloting had consumed more fuel than he anticipated because of strong headwinds, which were greater than forecast. He was flying at a lower altitude to avoid turbulence.

    The cause of the crash has not been released yet.

    The report for the small plane that crashed Feb. 9 on Ocala Road in Tallahassee has not been released.

  • Contact reporter Nic Corbett at (850) 599-2161 or ncorbett@tallahassee.com.
  • Rating Candidates On the Environment

    The environment is usually not a big issue in presidential campaigns for reasons that pass public understanding.

    It may be that political reporters aren't interested or very well informed on the subject.

    It may not be a story that lends itself to quick-and-dirty sound bites or YouTube videos.

    I was curious how the candidates ranked among environmental advocacy groups, which is fairly easy to check.

    The first place to go is the League of Conservation Voters. The first entry I found was their scorecard for the second session of the 109th Congress.

    The scores are based on a 100-point scale.

    The results:

    Sen. Hillary Clinton: 89.

    Sen. John McCain: 41.

    Sen. Barrack Obama: 96.

    What do these scores describe?

    The scorecard is based on what the league considers seven key votes that came before the Senate.

    Three of the votes involved oil drilling offshore in Florida or in the Arctic National Wildlife Refuge, one involved weatherization assistance for low-income residents, one dealt with reversing funding cuts to federal wildlife agencies and two dealt with the kind of independent scientific review of projects undertaken by the U.S. Army Corps of Engineers.

    But to be fair, it's probably more useful to look at a broader environmental record.

    The scorecard also included each candidate's environmental voting records for 2005, 2006 and 2007.

    Clinton scored 73 in 2007 (she missed four votes), 71 in 2006 and a 95 in 2005.

    McCain scored 0 in 2007 (he was absent for all of the votes), 29 in 2006 and 45 in 2005.

    Obama scored 67 in 2007 (he missed four votes), 100 in 2006 and 95 in 2005.

    To look at more details, go to http://www.lcv.org/.

    The League of Conservation Voters isn't the only group that scores politicians on their environmental voting record.

    Defenders of Wildlife is another group that rates Congress with issues of its own.

    That group's rating involved five votes on such issues as energy and purchase and protection of conservation lands.

    McCain missed all five votes and had no score.

    Clinton and Obama got a 100 percent rating for the two votes in which they did participate. There's apparently no penalty on Defenders' ranking for missed votes.

    What these rankings don't tell is how Senate votes will translate into executive action once someone becomes president.

    The League of Conservation Voters in February listed questions journalists should ask presidential candidates about global warming, one of the biggest environmental issues.

    But there are a multitude of other environmental issues, such as funding for the recovering and protection of endangered species, protecting the public from air and water pollution and making sure the decisions are based on science instead of politics, as has been alleged numerous times during the current administration.

    The next president will have plenty of environmental issues to be decide.

    TREK TEN TRAILS
    The Friends of the Parks Foundation will host the seventh Trek Ten Trails guided hike at Polk County's Saddle Creek Park Nature Trail on Saturday at 9 a.m.

    Trek Ten Trails is a year-long program designed to inspire residents to become more active in the outdoors.

    An approved geocache has been placed along each of the 10 trails. Waypoints using GPS units and written instructions for locating each trail's cache are provided in Trek Ten Trails Celebrate Nature Passport Journals. The journals are available at each guided hike.

    Collectible hiking medallions, custom-designed for each of the 10 featured trails, will be available for purchase at each monthly event as well Medallions are also available at FITNiche Fitness Shoes and Apparel and Edgewood Drive Shoe Repair in Lakeland and at Historic Bok Sanctuary in Lake Wales. For more information Trek Ten Trails link on the Friends Web
    site: www.friendsoftheparks.net .

    For additional information contact Marian Ryan 863-293-6961 or Glenda Mink 863-534-4340.

    BACKYARD BIRD COUNT RESULTS
    Polk County birders turned in 65 checklists from 14 locations in the Great Backyard Bird Count that was held Feb. 15-18.

    This annual winter count is a fun way to check up on midwinter bird populations in North America.

    Winter Haven was the leader with 19 checklists, followed by 16 in Lakeland and 11 in Auburndale.

    Lakeland birdwatchers turned in the highest number of species, which was 91.

    Statewide, the leader was Tallahassee, where participants turned in 437 checklists containing 151 species. Statewide 280 species were reported from 3,493 checklists.

    There was a bright spot. We beat Georgia this year, which tallied 221 species from 3,135 checklists.

    Tom Palmer can be reached at 863-802-7535 or tom.palmer@theledger.com. His blog on the environment is at environment.theledger.com.

    Boca Raton developer appeared to be drunk, police say

    By KEVIN DEUTSCH

    Palm Beach Post Staff Writer

    Tuesday, April 01, 2008

    BOCA RATON — Greg Talbott, a major developer and land owner whose drunken outburst once led to the city police chief's resignation, was arrested early this morning on charges of DUI , battery on an officer and resisting an officer after police stunned him three times with a Taser.

    Officers found Talbott, 53, slumped over and sleeping in the driver's seat of his parked black 2006 Bentley with its lights on and engine running in the of 2800 block of Northwest 2nd Avenue shortly before 1 a.m., police said.


    When Talbott was arrested in 2005 after a drunken fracas outside a downtown restaurant, former Chief Andrew Scott shielded him from a trip to county jail, which ultimately led to his resignation.

    On Tuesday, an officer awakened Talbott in his front seat after police got a report of a "suspicious black vehicle." She said she smelled alcohol, noticed Talbott's bloodshot eyes, and heard slurred speech.

    Talbott appeared "disoriented" and told the officer he didn't know where he was, but thought he was near his home at 250 NE 5th Avenue, police said.

    When officers turned on their in-car video camera and began a DUI investigation, Talbott refused to cooperate, police said.

    On the video, Talbott is inside his Bentley talking on his cell phone, apprising someone of his run-in with the cops.

    One officer asked Talbott to hang up. Talbott twice refused before officers pulled him out of the car.

    Police said the wealthy land baron grabbed an officer's arm and refused to let go. They tried to handcuff him, but when he continued to flail his arms, an officer stunned Talbott's upper back three times with the Taser.

    "What are you doing to me?" screams Talbott, who also unleashed a barrage of curse words at the officers. "I can't believe you're doing this to me!"

    Talbott's yells coincide with the buzz of the Taser. His belly is flat on the ground as officers surround him, but he fails to relax his arms behind his back, which prompts the officers to tell him to stop "resisting."

    Talbott, who has a pacemaker and has survived five heart attacks, was handcuffed on the ground. He suffered a small cut on his forehead which required medical treatment, police said.

    His mug shot show's him with a bandage above his left eye.

    Talbott could not be reached for comment.

    The developer has a checkered history with the city police department. In September 2005, officers alleged that a drunken Talbott battered his wife, a restaurant manager and an off-duty police officer outside the Luna Pazza restaurant. In what Scott called a "possibly career-ending decision," he ordered his officers not to send Talbott to the Palm Beach County Jail.

    Talbott later claimed he was the victim of police brutality during the arrest.

    The police union accused Scott of illegally interfering with Talbott's arrest. Scott said he intervened because he was concerned about Talbott's health.

    Scott resigned as chief in 2006 after a no-confidence vote by the police union prompted by the Talbott incident.

    In September 2006, Talbott was placed on a year's probation and sentenced to community service after pleading guilty to misdemeanor charges of assault on a police officer and resisting an officer without violence for the incident outside the Luna Pazza.

    The state attorney's office dropped three other misdemeanor charges of domestic battery and disorderly intoxication against Talbott in return for his guilty plea to assault on a police officer and resisting arrest without violence. He was ordered to attend a 12-week anger management course and perform 10 hours of community service.

    Today's arrest comes during a period of financial upheaval for Talbott, the second largest owner of commercial property in downtown Boca Raton.

    In February, Seacoast National Bank of Stuart recently sued to foreclose on two Talbott properties in Boca, including the former La Vieille Maison restaurant. In an interview, Talbott blamed the tanking real estate market for his failure to pay on $5.5 million in loans.

    Around the same time, another of Talbott's lenders, Fifth Third Bank of Cincinnati, starting trying to sell off $49 million in loans made to Talbott, including loans on prime property along Palmetto Park Road, in downtown Boca Raton. The loans are cross-collateralized with Talbott's palatial, 11,800-square-foot Intracoastal home on 5th Avenue.

    The next owner of the loans could conceivably foreclose on Talbott's properties if he is late with a payment.

    Fifth Third characterized Talbott's loans as being in default, and said he is having "liquidity problems," according to an offering memorandum by Mission Capital Partners, a New York investment firm hired to sell off the loans. Talbott's has a net worth of $107 million, largely tied up in real estate, but has liquid assets of only $4 million, the memo said.

    But Talbott in February refused to call his Fifth Third loans bad. "The loans are not in default," he said defiantly. "It is not true that the loans are nonperforming."

    Although a number of local real estate developers knew about the loan sale and were already eying Talbott's properties, Talbott himself did not learn about the pending loan sale until notified by a Palm Beach Post reporter.

    Although upset to hear of the sale, Talbott was even more angry to learn that Fifth Third, in the offering memo, disclosed the existence of a deal to sell four Boca properties to developer Tom Crocker for $50 million, or $753.70 a square foot. Crocker is assembling land in downtown Boca for a pedestrian corridor known as "the spine."

    In March, Talbott and wife, Mimi, fired back against Fifth Third, filing a $180 million lawsuit against the bank and Mission Capital for blowing the lid on the Crocker deal. The lawsuit says the deal is now in jeopardy.

    On Tuesday, Mission Capital's Peter Tobin said the loan sale is on hold because of the litigation.



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