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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."