This 'new' dispute is as old as democracy

By HOWARD TROXLER, Times Staff Writer
Published August 9, 2007

The coming fight for the soul of Florida is the oldest political fight there is.

As we duke it out between now and November 2008, we will call it by its current label, "Hometown Democracy."

But it's really an argument that began 2,500 years ago on a hillside in Athens.

Can citizens govern themselves wisely? Or should somebody else make decisions for them?

Florida Hometown Democracy is a group that wants to give voters control of major growth decisions in our state. The group is petitioning to put a constitutional amendment on the 2008 ballot.

Countless times over the past 25 years, I have watched opponents show up at public hearings, angry, energized, saying the same things to fight a proposed development.

Their City Council or County Commission shrugs and says, "Where were you when we were drawing the maps? Our maps tell us that we cannot say no."

(See: Tarpon Springs, Wal-Mart, approval of.)

So here is the genius of Hometown Democracy: It says that voters get to draw the maps in the first place.

To be precise, the group's amendment would require local voter approval for any change in a community's "comprehensive plan."

Plato would hate it. Aristotle would fret. Socrates would ask irritating questions for 15 hours or until somebody made him drink hemlock.

Me, I kinda like it.

I like it because (1) I am flat-out sick of local government saying yes and (2) because the opponents are frothing with ridiculous overstatement.

"This will lead," warns a builder-funded group with the ironic name of Floridians for Smarter Growth, "to far less planning, increased urban sprawl, much more traffic, higher property taxes and anemic municipal services."

Holy cow! All that, just from letting voters control growth in their own community.

Floridians for Smarter Growth has a proposed counter-petition. It, too, claims to give citizens the "right" to control growth but sets up roadblocks to keep them out.

Oh, and this rival amendment also says that if both it and Hometown Democracy pass, then Hometown Democracy won't count. Sneaky!

So if somebody asks you to sign a petition to "control growth," make sure you know which one you're signing.

This isn't black and white. I know lots of smart people who think Hometown Democracy is a bad idea.

After all, in the end the Athenians turned into a fickle mob. They chose demagogues and fools as their leaders. They were whipped by Sparta, which was governed by kings and a kind of gussied-up County Commission.

So by all means, if you think that decisions about growth are best made by "professionals" and local elected officials, then you should oppose Hometown Democracy.

After all, they've done such a good job so far.

The rival Web sites:

www.floridahometown democracy.com

www.flsmartergrowth.org

Wildlife board: friends or foes?

The appointees have ties to developers, but the governor defends his selections.

By CRAIG PITTMAN and MATTHEW WAITE, Times Staff Writers
Published August 9, 2007  

To run the board that oversees protection for the state's wildlife, Gov. Charlie Crist has appointed a South Florida developer who was investigated for wrestling an alligator and an Orlando land-use attorney who steered a public contract to a private business that then hired him.

Crist also reappointed to the Fish and Wildlife Conservation Commission a Jacksonville construction executive who heads up a legal foundation that opposes environmental regulations.

Among the applicants Crist passed over: a biology professor from the University of Central Florida , a former state Department of Environmental Protection official and the conservation director of a privately owned wildlife preserve.

Crist's three appointments this week to the seven-member wildlife commission sparked consternation among environmental groups, who had urged the governor to pick someone not connected with the development business. The other members of the commission are an executive with the Panhandle's biggest developer, a Tampa mall builder, a Miami lobbyist and a Delray Beach construction company executive.

"He chose to go with people with the same development ... background as before," said Laurie MacDonald of Defenders of Wildlife. "The board does not represent the perspective of the majority of people in Florida ."

And Jennifer Hobgood of the Humane Society complained that the commission "should not be held captive by a few special interests."

A spokesman for the governor said Crist and his staff had reviewed "all pertinent information" in making the three selections.

"The governor is confident his appointments to the Florida Fish and Wildlife Conservation Commission will serve the people of Florida with integrity and honor," spokesman Anthony DeLuise said. He said Crist is sure all three "will be a tremendous asset to the commission."

The wildlife commission manages all of Florida 's fish and wildlife. It oversees areas where hunters can track deer and other game, enforces speed zones to protect manatees from boats and reviews development permits that might affect panthers. The commission has repeatedly run into controversy, most recently over its practice of issuing thousands of permits for developers to pave over the burrows of gopher tortoises, leaving them to die.

The seven unpaid commissioners who run the agency serve five-year terms. They are appointed by the governor and confirmed by the state Senate.

The last time an appointee ran into trouble was in 1997, when Gov. Lawton Chiles' nominee withdrew amid allegations of cocaine use, lying, assault and animal cruelty.

One of the three commissioners Crist appointed this week has recently been investigated by the wildlife commission for mishandling a wild animal.

Ron Bergeron, 63, a Weston development tycoon who also owns a mining operation, tried to spice up a tour of his Hendry County ranch last year by jumping on a 7-foot alligator. The gator bit him, breaking two of his fingers.

Because it is against state law to harass an alligator, wildlife officers investigated Bergeron. When they turned their findings over to the Hendry County State Attorney's Office, however, the state attorney declined to prosecute the developer.

Crist's other new appointee is Kenneth Wright, 59, an Orlando lawyer whose client list includes most of Central Florida 's developers.

Eight years ago, when Wright was chairman of the Orlando-Sanford Airport Authority, he steered an airport contract away from the company the board had selected and handed it over to a company called Ecobank that had hired two of his friends as salesmen.

Wright's friends, Seminole County Commission Chairman Randy Morris and Seminole County GOP chairman Jim Stelling, split a $37,800 commission on the deal.

Although Ecobank officials alleged under oath that Wright himself was paid as well, Wright on Wednesday denied ever taking money for the airport deal.

"I'm a straight guy," Wright said.

He said that taking such a deal would have endangered his law practice and that "if you don't think I'm an honest guy, then I hope you deal with me enough to know that I'm not a stupid guy."

However, Wright acknowledged that after the airport deal went through, he became a salesman for Ecobank, too.

In one instance, Ecobank paid him a $6,000 commission for his help landing a contract with Seminole County .

Wright has also been embroiled in a long-running scandal at the Orlando-Orange County Expressway Authority over allegations that the chairman, an ally of Wright's, paid off a critic to buy his silence.

In addition to Bergeron and Wright, Crist reappointed Kathy Barco, 48, president of Barco-Duval Engineering and chairwoman of the Southeastern Legal Foundation, which has opposed environmental regulations.

When Gov. Jeb Bush appointed her three years ago, she responded to questions about her affiliation by saying, "I don't run the organization. I just believe in what they do."

The new commissioners' first meeting will take place in St. Petersburg on Sept. 12.

Among other issues, they will be voting on taking manatees off the state's endangered list.

Times researcher Caryn Baird contributed to this report.

Sea turtle nests show a big drop in numbers

A different kind of beachcomber has been patrolling in Pinellas, and the news isn't good.

By STEPHANIE GARRY, Times Staff Writer
Published August 9, 2007

TREASURE ISLAND - Joe Widlansky drives a Toyota Tacoma along the white sand, searching for the trenches that mother sea turtles leave as they climb out of the gulf to lay eggs.

It's about 7:15 a.m., and he hasn't spotted a new nest yet.

"I already kinda know how my morning's going to go," he says.

As the end of the egg-laying season approaches, Clearwater Marine Aquarium workers have found 36 nests on county beaches, not even half the usual tally.

As Widlansky predicted, Wednesday's beachcombing didn't add to the total.

A few years ago, 195 turtles incubated their young on the Pinellas beaches patrolled by the aquarium staff. Then nesting slowed to about 110. This year, aquarium staff don't expect to pass 40.

"I've been here almost 11 years and we've never had it this low," said Tammy Langer, director of sea turtle nesting and rehabilitation at the aquarium.

Until final data on the turtle nesting season is reported in November, it's unclear whether the problem this season is statewide.

But the forecast doesn't look good. The state Fish and Wildlife Conservation Commission reports that loggerhead turtle nesting in Florida has plummeted.

The number of loggerhead nests fell 44 percent over an eight-year period ending in 2006. In nearly the same period, loggerhead deaths in the state doubled. Nearly all of the sea turtles that nest in Pinellas are loggerheads.

"There are fluctuations going on all the time, but I think what you have to do is look at the big picture," said Anne Meylan, a research scientist for the Fish and Wildlife Research Institute. "That's where we see some very worrisome trends."

Long-line fishing, meant to haul in tuna and swordfish in the North Atlantic , is snagging turtles as well. And Red Tide blooms have poisoned the creatures.

But an exact cause is hard to pinpoint because loggerheads travel the Atlantic from the beaches in Florida where they were born to waters near Africa . Their vast habitats and long lives make them hard to study.

Florida 's situation is important because 90 percent of loggerheads, a threatened species, nest either in Florida or in Oman , on the edge of the Arabian Peninsula .

Sea turtles play an important role in many marine ecosystems, said David Godfrey, executive director of the Caribbean Conservation Corporation, the world's oldest sea turtle conservation group.

"When they are in rapid decline, it is like the canary in the coal mine," Godfrey said. "They're telling us something abut the health of our marine world and our beaches."

Florida has worked to protect sea turtle nests since the 1970s. Most Pinellas cities have either passed or are working on ordinances to dim artificial lights that lure the hatchlings away from the surf and disorient mothers, said Nicole Elko, coastal management coordinator for Pinellas County. The turtles mistake the artificial lights for the moon, which helps guide them back to sea.

Staffers and volunteers scan the beaches during nesting season, which runs from May through August, staking off nests and waiting for the eggs to hatch. They also guard against beach restoration projects that could disturb buried eggs. It takes the turtles about two months to hatch.

Near hatching time, they keep a vigil, often over several nights, to help the turtles reach the water.

"A year like this is frustrating," Elko said. "We've had so much progress on the things we can control."

Stephanie Garry can be reached at 727 892-2374 or sgarry@sptimes.com

Fast Facts:

The last five years

Sea turtle nests, down from 2002, may not exceed 40 on Pinellas beaches in 2007.

 

Pinellas

State

2002

170

62,905

2003

195

63,446

2004

104

47,173

2005

105

52,669

2006

115

49,776

Marion jumps into Ocklawaha issue

Commissioners want bigger say in study on region's water supply
BY CHRISTOPHER CURRY
STAR-BANNER

OCALA - Marion County will participate in a study about the potential use of the Ocklawaha River for future water supply in the region.

A letter from the County Commission to St. Johns River Water Management District Executive Director Kirby Green states that Marion wants to take the "lead role in such efforts" because the county has concerns about the plan.

County Commission Chairman Stan McClain and Water Resource Manager Troy Kuphal worked on the letter, which commissioners approved Tuesday.

It expresses concerns that the ongoing talk about pumping the Ocklawaha does not take a deep enough look at potential environmental harm and more long-term solutions such as desalination plants, and does not tie growth management to water supplies.

"The Ocklawaha River should not become the sacrificial lamb of irresponsible growth," the letter reads.

Early estimates on pumping the Ocklawaha to supply the Orlando and south Lake County areas have had cost estimates in the area of $460 million or $500 million and range from a 100-mile pipeline to pump 39.7 million gallons a day to a 138-mile pipeline to pump 30 million gallons per day.

The county's letter says the cost is high for a project that may only yield water supplies for 10 years and supply Marion with only 2.1 million gallons per day.

Also Tuesday, the County Commission added a mediator's recommended language into the springs protection ordinance adopted last December. The Department of Community Affairs had objected to the original ordinance, saying the language it added to the county's comprehensive plan was too vague to "adequately ensure the protection of groundwater and springs."

The County Commission has had a series of meetings on another proposed ordinance to put more detailed development requirements and prohibitions in its land development regulations. Putting the detail in the comprehensive plan means the state will have to approve any changes. The County Commission may change the land development regulations without state approval.

Senior Circuit Judge William T. Swigert was the mediator who worked out the agreement.

Christopher Curry may be reached at chris.curry@starbanner.com or 867-4115

Florida Today Our view: Our seas at risk

County should conduct more rigorous testing of ocean and lagoon waters

Come on in, the water's fine.

That's the good news from a new report by the National Resources Defense Council, which examined pollution tests around the country and ranked Brevard County's surf among the cleanest in the nation.

That could put to rest concerns that contaminants are threatening our near-shore Atlantic Ocean waters, which are a recreational haven for locals and the foundation of Brevard's $2 billion a year tourism industry.

But does the report really sound the all-clear?

True, none of the 10 Brevard beaches sampled weekly have been forced to close in the past year because of pollution.

And yes, consistently high levels of fecal coliform and enterococcus bacteria -- which come from human and animal waste and can cause diseases, infections and rashes -- have not been found.

But common sense tells us Brevard's rapid growth and the gambling ships that continue dumping their partially treated sewage off-shore are putting our waters at great risk now and in the future.

That's why a far more aggressive water-testing program is needed for the waters of the Atlantic and Indian River Lagoon to spot any sign of trouble.

Consider:

Only 10 of Brevard's 27 beaches are monitored, because state and county officials say they don't have the money for expanded testing. In comparison, California takes twice as many water samples off its beaches as Florida.

Space Coast beaches are not checked immediately after rainstorms when there's the greatest probability of high bacteria counts. That's because overwhelmed drainage and sewage systems can flush contaminants into waterways.

Lagoon waters -- where bacteria levels can be much higher than the ocean -- aren't routinely tested even though they're a playground for boating, fishing and swimming.

That's alarming, because the estuary is lined with potentially leaky septic tanks, and the water already contains dangerous toxins that are likely causing cancers and other diseases in dolphins.

There's also the memory of a Surfrider Foundation study in 2004 that found strong evidence in offshore seaweed that sewage was seeping into the surf.

The possible sources included overflowing sewage lift stations, septic tanks and a deep-injection well for sewage in South Brevard.

A follow-up study by Brevard County and the Canaveral Port Authority disputed the findings, and a January 2005 report by federal researchers found insufficient evidence of a contamination problem.

However, such conflicting results are another reason why tougher, long-term monitoring should begin at once.

Nature has blessed Brevard in many ways, but that bounty is under assault by development and pollution everywhere you look.

While our ocean waters may have gotten a clean bill of health now, there's no guarantee that will last, or that problems may be lurking but unknown because of insufficient testing.

Protecting our seas must be a Space Coat priority. That means taking every precaution to make certain the waters are indeed safe.

Ethanol Sputtering At Start

By RUSSELL RAY, The Tampa Tribune

Published: August 9, 2007

TAMPA - Ethanol-blended gasoline is trickling into Central Florida and now is available at a few dozen gas stations throughout the region.

Wholesale fuel suppliers, however, say the flow into Florida of E10, a blend of 10 percent ethanol and 90 percent gasoline, will remain a slow dribble until the state modifies its standard for fuel.

Houston-based Marathon Petroleum and other wholesale suppliers say they want to sell E10 in Florida but can't because there's a chance the blend won't comply with the state's fuel quality standards. For more than a year, the industry has been trying to persuade Florida to join other states, including Arkansas and Louisiana, which have altered their rules to encourage the sale of ethanol-blended gasoline.

'What we're talking about is a regulatory compliance concern, not a fuel-performance concern,' said Dan Moenter, who manages government affairs for Marathon in Florida. 'The fuel would pass the regulatory standard the majority of the time, but we are obligated to meet the standard all of the time.'

Florida's Department of Agriculture and Consumer Services says it is reluctant to change its rules until it is certain the changes won't harm consumers, because the risk of engine failure or reduced performance is real.

'The potential is probably small, but there is a potential,' said Jay Levenstein, Florida's deputy commissioner of agriculture.

Millions Spent To Prepare

Moenter said Marathon was encouraged by state regulators to start supplying E10 to Florida retailers. Marathon thus spent several million dollars to add storage and blending equipment at terminals in Tampa and Fort Lauderdale and planned to market E10 to its Florida customers this summer. In addition to being a few cents cheaper than conventional gasoline, E10 can reduce tailpipe emissions by up to 30 percent, ethanol proponents say.

However, Marathon's marketing efforts have been put on hold because they were contingent on Florida modifying its standard for fuel.

'We have worked with the department on a very open basis for more than a year,' Moenter said. 'We are not the only company that has this concern.'

Murphy USA, the retail arm of El Dorado, Ark.-based Murphy Oil Corp., has been selling E10 at gas stations in Central Florida since the end of May and hasn't had any problems complying with the state's fuel standards.

'We've tested everything they've pumped, and so far they've met every specification,' Levenstein said.

Still, without some waivers, E10 suppliers can't meet the state's standards 100 percent of the time, Moenter said. That's because ethanol, when it's blended with gasoline, can lead to unpredictable changes in the fuel's vapor volatility.

On rare occasions, those changes can cause car engines to lose power or stall. The risk of that happening is higher in states with warm climates.

Marathon, however, said E10 has been performing well in hot climates throughout the Midwest for two decades. What's more, ethanol now is blended in nearly half of the nation's fuel supply and long has been used as an additive in gasoline to reduce tailpipe emissions.

'We market ethanol blends year-round throughout the Midwest in all climates and temperatures,' Moenter said. 'That's why we are so confident it will perform well in Florida.'

Regulators Confident Deal Is Near

Moenter said the same state leaders who tout ethanol's benefits are blocking its expansion into Florida.

'We were encouraged to move forward,' he said. 'The words and the actions don't seem to be aligned.'

State regulators say they support ethanol use in Florida and are confident a compromise will be reached with Marathon and other companies looking to bring the homegrown fuel to Florida gas stations.

The state likely will move to adopt one of the changes Marathon has requested, Levenstein said. Further discussions about Marathon's other requests are expected.

'Our whole focus is to protect consumers and not have drivability problems with their vehicles,' Levenstein said. 'When we offer a variance to an existing standard, we want to be sure there is sufficient evidence to support it.'

Florida's fuel standards are internationally recognized and developed by ASTM International, a nonprofit advisory group for consumer products throughout the world.

Marathon and other major refiners, however, prefer the recommendations of the National Institute of Standards and Technology, a federal agency that promotes better standards for products and services. Under the institute's standard, E10 would comply as long as the gasoline met the specifications for gasoline and the ethanol met the specifications for ethanol.

Levenstein said that standard may not suit the state.

'We don't like that because it doesn't give you any standards by which to measure the blend,' he said. 'It doesn't give you an opportunity to test the blend and apply a standard to it.'

Fill 'Er Up

Murphy USA began selling E10 at more than half of its 83 retail outlets in Florida without any fanfare.

Motorists who fill up at a Murphy gas station may not even know they are buying ethanol-blended fuel because the only indication the gas contains ethanol is a blue sticker on the pump.

Murphy USA saw no need to advertise the availability of E10 at its Florida locations because the blending of ethanol is 'part of our normal course of business,' Murphy USA spokesman Dory Stiles said. Murphy has retail outlets in 20 states and offers E10 in many of its markets.

Houston-based Kinder Morgan, another major fuel supplier in Florida, has been storing up to 100,000 barrels of pure ethanol at its terminal at the Port of Tampa since spring, Kinder Morgan spokesman Larry Pierce said. Kinder Morgan is selling the ethanol to some of its Tampa Bay area customers, who are blending it with gasoline.

'If there is customer demand for it, we intend to make more tanks available for storage for ethanol,' Pierce said.

Reporter Russell Ray can be reached at (813) 259-7870 or rray@tampatrib.com.

St. Johns pans Putnam project

It's 'urban sprawl,' a commissioner says

By ANNE MARIE APOLLO, The Times-Union

Those against a proposed massive development in Putnam County don't have to look far for examples of what can go wrong.

They didn't have to go searching for an ally, either.

They found both in St. Johns County.

Home to more than a dozen developments of regional impact itself - with three more pending - Putnam County's neighbor has been among the loudest critics of Mariposa, which would be the more rural county's first development of regional impact.

Last month, St. Johns County officials started formal conflict resolution procedures with Putnam County over the project, which would put more than 3,000 homes near the county line.

The Florida Department of Community Affairs echoed the concerned last week, putting the brakes on the project over concerns over urban sprawl and transportation.

That puts St. Johns County in an unusual place. The county with the reputation for being friendly to developers, with one of the highest per-capita household incomes in the state, is taking issue with the first major development to come to Putnam County, where more than 17 percent of households are classified by the federal government as under the poverty line.

St. Johns County Commissioner Tom Manuel doesn't see it that way, though.

A member of the Northeast Florida Regional Council, he has been critical of Mariposa's placement and the transportation issues thousands of new drivers could bring to Florida 207 and the interchange at Interstate 95.

"This doesn't just have to do with Putnam County," he said. "Whether it was in St. Johns or Duval, I would call the project urban sprawl."

Teresa Bishop. director of growth management services for St. Johns County, said it also has concerns demand for government services such as fire and police that could bleed across the county line.

With a decades-old history with mega-developments, St. Johns County has gotten better over the years at dealing with the sprawling projects, Bishop said. The county now requires developers to build large improvement projects, most recently construction of county roads near the Nocatee development of regional impact.

Still, Manuel, voted into office last year, was against many of the development of regional impact permits approved in St. Johns County when he sat on its planning and zoning agency and said there are projects in his own backyard that could be criticized.

He won't hear objection on that latter point.

"We've gained an incredible amount of information by watching these counties of what not to do," said Chip Laibl, a Putnam County commissioner and president of the regional council. "We don't want to be out of balance like St. Johns County."

Mariposa would complete Putnam County's housing picture, Laibl said, and more. It is a path to sewer and water service for portions of the county now on septic systems, supporters say, a chance to partake in the property tax riches reaped by its neighbors and a shot at attracting high-income earners to the area.

It only needs one Mariposa, supporters said.

It might have to fight to get it.

The state review found that a map amendment approved by Putnam County to allow the project from Delray Beach-based Ascot Development didn't comply with state standards, citing issues of transportation, urban sprawl and protection of natural resources.

Joey Kelly, spokeswoman for Ascot Development, said it is reviewing the department's points and considering its options.

That may mean Putnam and St. Johns counties working closer.

A meeting between the two on Mariposa is planned for the end of the month.

annemarie.apollo@jacksonville.com (904) 359-4470

Concerns about plan go beyond commerce

A Times Editorial
Published August 9, 2007

Pasco County wants to keep Pasadena Hills from developing into Pasadena piecemeal.

Tuesday, commissioners correctly blessed a master plan to guide the largely rural 20,000 acres bordered by State Roads 54 and 52, Curley Road and U.S. 301 into a dozen high-density developments or villages connected via a grid system of parallel roads amid parks, schools and other public spaces. The self-contained urban centers are intended to provide a place for people to live, work and shop.

It is a 50-year process that requires state approval, cooperation from lots of land owners and most important, a plan by the end of next year to finance the infrastructure.

Some current residents are skeptical. They want larger lots, the number of homes reduced by a third to 30,000 and a community development district (CDD) to front the road-building costs.

They weren't alone. Commissioner Michael Cox confessed his own suspicions about landowners' ulterior motives in their pledge for a private-public partnership.

"We just don't want you guys to abandon us after adopting the plan," attorney Joel Tew, representing an informal association of 20 landowners, said to commissioners.

Translation: Hold on to your wallet.

A new assessment isn't going to be palatable to current residents. A tax increment financing district, usually reserved for redeveloping areas, might be more appropriate as a way to allow a growing tax base to pay off bonds used for infrastructure expenses.

If the plan is followed, it will allow a rural area already targeted for development to grow smartly. Commissioners showed their flexibility by agreeing to add more room for office space in hopes of attracting higher-paying, white-collar jobs to the villages and to consider additional parking in the downtown areas to boost retailers' opportunities to capture customers. They are logical modifications.

But there are concerns beyond commerce. The county shouldn't dismiss public suggestions to consider transferring density credits to slow growth in other areas of the county and to remain consistent with the comprehensive land use plan on wetland protections.

And commissioners should recommit themselves to follow their own countywide land use plan. Commissioner Ted Schrader pointed to the traffic congestion on Bruce B. Downs Boulevard and State Road 54 in Wesley Chapel as what the Pasadena Hills area hopes to avoid by having coordinated planning, rather than fragmented growth.

True. But, the county also promised in its comprehensive plan to conduct a study area for Wesley Chapel. It has yet to commission the report. At this point, it likely would be a study of what not to do.

Besides, it will be of little benefit if the final product simply sits on a shelf collecting dust like the citizen-written plans for Land O'Lakes.

Impassive, Newell is arraigned

By TONY DORIS

Palm Beach Post Staff Writer

Thursday, August 09, 2007

WEST PALM BEACH — In what has become a familiar ritual in Palm Beach County, a former public official surrendered in federal court Tuesday morning to face allegations he used his public office for financial gain.

Former County Commissioner Warren H. Newell, after 15 years of public service, entered an initial plea of not guilty to a charge of conspiracy to commit honest services fraud, although he and prosecutors have said he will change that plea to guilty as the process makes its way through U.S. District Court.

Newell became the fourth public official hauled before a federal judge in the county in less than two years, following former West Palm Beach City Commissioners Ray Liberti and Jim Exline and former County Commission Chairman Tony Masilotti - and other players, including power broker and lawyer William Boose III, who allegedly helped Masilotti conceal corrupt land deals.

Newell, alleged to have pocketed $500,000 from businesses that profited from his votes, faces five years in prison, a $250,000 fine and forfeiture of $150,000. Prosecutors also said he failed to pay income tax on much of the tainted income.

Looking trim and unemotional in a gray suit, Newell, 52, arrived at the Clematis Street courthouse Tuesday an hour and a half before his 10 a.m. arraignment. He made no public comment before or after the hearing, whisking from the public forum to the privacy of his criminal defense attorney's black GMC Yukon with tinted windows.

"Warren Newell has worked very hard and honorably for the citizens of Palm Beach County ," attorney Michael Salnick said later. "This was a very difficult, sad day for him. This is a county he has lived in his entire life. He loves Palm Beach County and has worked hard over the past 15 years to improve the quality of life for its citizenry. Anything like this is always difficult."

Newell, a Boynton Beach land-use planner, remains free on $200,000 personal surety bond secured by his Boynton Beach home. U.S. Magistrate Judge James M. Hopkins required that Newell hand over his passport and not travel outside the judicial district, which extends from Key West to Vero Beach .

On Tuesday, Tim Delaney, FBI assistant special agent in charge, said the bureau is bringing a supervisor and four other agents to Palm Beach County in light of the past year's stack of corruption arrests. Liberti and Exline are incarcerated, while Masilotti has been ordered to prison this month.

Newell's conflicts of interests surfaced in February when The Palm Beach Post reported his hidden interest in two land deals that were enhanced by county commission votes. Around the same time, Newell was being questioned about the $190 million purchase of western-county rock pits by the South Florida Water Management District.

Newell voted in June 1999 for the county to pay $50,000 toward a study to determine whether the rock pits could be used as public reservoirs without disclosing that he and his business partners would collect a $2.4 million "success fee" from the pits' owner, Palm Beach Aggregates, if the water district bought them. Newell was paid $366,000, according to court documents.

As recently as July 2, Newell filed a state financial disclosure form falsely reporting $200,000 of the income from the secret success fee as a loan from his business partner and friend, engineer Dan Shalloway. He failed to report an additional $32,000 from the deal on his 2003 federal tax return, according to prosecutors.

As a commissioner, he pushed a $50 million taxpayer initiative to preserve access to the waterfront - with $14 million spent to buy the development rights to Palm Beach Yacht Center , a Hypoluxo marina where Newell docked his yacht. Newell never disclosed that he owed the marina $48,000 in dockage fees, or that he had invested in two banks with one of the marina's owners.

After the $14 million was paid, SFRN, Newell's engineering firm, billed the marina for consulting work never performed. The payment from the marina went to Newell, who used the proceeds to pay his dock fees.

Newell and two other partners contracted to buy nearly 7 acres within his district for $1.9 million. Subsequently, Newell voted at least twice on matters that enhanced the property's value, failing to disclose his interest. The votes, making it possible for development of medical office buildings, led to a profit of more than $2 million for the partnership - and more than $100,000 for Newell, with most of it funneled through SFRN, prosecutors said. Newell used nearly $40,000 of the proceeds to pay the legal costs of his divorce.

Newell's next court date has not been set.

Water managers turn down backpumping into Lake O

By Robert P. King

Palm Beach Post Staff Writer

Thursday, August 09, 2007

Water managers refused today to pump polluted farm runoff into Lake Okeechobee , spurning pleas from growers who called it an economic remedy for drought.

"For me to vote for this would be indefensible," said Charles Dauray of Lee County , a board member of the South Florida Water Management District, during a sometimes sniping debate shortly before this morning's vote.

 

"You're getting ready to hurt agriculture," countered Harkley Thornton, a board member from St. Cloud who defended the pumping proposal.

The action came a day after a lengthy debate, which had ended Wednesday evening with a vague prospect that some compromise might be in the works.

Instead, the board rejected even limited pumping from one set of pumps near South Bay , which growers' advocates said would provide somewhat cleaner water than a second set of pumps near Belle Glade . Environmentalists said it still would provide far more pollution than the already contaminated lake can stand.

The district also promised to pursue other options for storing extra water for agriculture, even though none offer anything close to the lake's trillion-gallon-plus capacity.

The vote was 4-3, with Mike Collins of Islamorada absent. Board member Malcolm "Bubba" Wade, a senior vice president of United States Sugar Corp., abstained to avoid a conflict of interest.

Environmentalists had called the issue a crucial test of Gov. Charlie Crist's commitment to the lake and the Everglades . This morning's debate also turned into an angry argument about the environmental legacy of former Gov. Jeb Bush, whose appointees dominated the board until this year.

One alternative would use the 14.6 billion gallons of reservoirs that the rock-mining company Palm Beach Aggregates has begun digging for the district near Loxahatchee, the result of a $190 million deal that steered illegal kickbacks to former Palm Beach County Commissioner Warren Newell. The district already has promoted those pits as the solution to a host of woes, including West Palm Beach 's water shortages and the restoration of the Loxahatchee River .

The district also suggested it might be able to stack 2 feet of water in more than 60,000 acres of hunting grounds in the state's Holey Land and Rotenberger wildlife management areas in far southwestern Palm Beach County , just north of the Everglades . That would capture as much as 40 billion gallons, but similar ideas have spawned furious opposition for decades from hunting and outdoors groups.

Putting runoff in the Holey Land and Rotenberger also might require permits or run afoul of pollution limits, board member Shannon Estenoz said, although she'd favor letting the staff explore the option. "The public hasn't had the opportunity to react to this idea yet," she said.

Executive Director Carol Wehle said her staff will provide the details on all of those options, which might not require action until the end of the wet season in October or November.

Board Chairman Eric Buermann pledged to do something to help growers.

"We need a Farmer's Relief Act of some kind to get them water," said Buermann, a Miami lawyer.

Pumping runoff into the lake also has been controversial for decades, inspiring lawsuits and other disputes among the district, the sugar industry and environmental groups.

In Wednesday's debate, a representative from the state Department of Agriculture said farms around the lake could lose $688 million and 9,500 jobs without relief from the region's severe water shortage. Growers also pointed to district figures showing that the Glades' runoff ñ while fouler than scientists consider ecologically healthy ñ is much cleaner than the torrents of manure- and fertilizer-laden runoff that wash into the lake from the north.

But an economist speaking for environmental groups disputed those figures, and opponents said the limited amount of water from the pumps wouldn't outweigh the ecological harm from the flow of phosphorus, nitrogen and pesticides.

Two activists denounced the practice as "environmental racism" because of the pumps' closeness to the drinking-water intakes in impoverished, largely minority cities such as Belle Glade and South Bay .

"Environmental racism is an ugly phrase, but in this case the shoe fits," West Palm Beach environmental lawyer Marcy LaHart told the board Wednesday.

In another wrinkle, a federal judge ordered the district in June to get federal pollution permits for its pumps that send runoff into the lake. District staff members said it's unclear whether that ruling would preclude them from pumping as an emergency step in a drought, but they said it might take months to clarify that issue

Angry citizens call for board resignation

More than 30 people were at the opening of the meeting of the Jennings Town council on Tuesday, Aug. 7. Many were there to voice their complaints about the city council; a few were there to defend it. As the meeting continued, more people slipped through the door and squeezed into the standing-room only space.

Many of the people in the audience had attended a meeting of the Concerned Citizens For the Betterment of Jennings on Monday, July 30. According to Lana Wisenbaker, spokesperson for the group, they think the council members are not handling themselves in an appropriate manner. The group wants the council members to listen to the people of the community and act on their requests, or step down from office.

The first order of business was the appointment of a council member to fill the vacancy caused when Danny Johnson was hired as the County Coordinator . Each member, with the exception of Mayor Charles Barrett, submitted a name as a candidate for council member.

Council member Joe Lock was the first to submit a name. He said, “ Lowell …”