This 'new' dispute is as old as democracy

Growth showdown may be headed for 2008 state ballot
By Aaron Deslatte
FLORIDA CAPITAL BUREAU

Businesses and developers have already poured money this summer into fighting the Florida Hometown Democracy group that wants to stop local governments from rubber-stamping development.

Now they have a new weapon.

Buried in a sweeping elections bill lawmakers passed last spring is a change that gives voters the right to revoke signatures they've given to petition-gathering groups trying to amend Florida 's Constitution.

And several business-backed groups are already organizing to use the new tactic to open a new front against Hometown Democracy.

''We're going to use every tool available to ensure this bad policy does not make it into Florida 's Constitution,'' says David Daniel, vice president with the Florida Chamber of Commerce, which helped organize one such group this summer, called Floridians for Smarter Growth.

The group raised $841,000 between April and June from companies like U.S. Sugar, the National Association of Home Builders and developers Lykes Bros. and Barron Collier.

Their main aim: put another, more business-friendly alternative to Hometown Democracy on the November 2008 ballot.

But the group will also try to get Hometown signatures thrown out to keep the group from meeting the Feb. 1 deadline for collecting the 611,000 signatures needed to qualify the ballot.

The new law requires that anyone trying to revoke signatures register with the state as a political committee. Then, the group can look at any initiative group's submitted signatures and target voters who signed with direct-mail or phone banks to coax them into changing their minds.

''It's traditional mail outreach, and the reason it's so attractive is the numbers are much more manageable in terms of direct outreach,'' said Michael Caputo, a longtime signature-gathering specialist fronting for Floridians for Smarter Growth.

Still, he called the tactic ''untried and untested.''

''While we'll probably experiment in that arena, it won't be a central focus,'' he said.

Another political hand taking an interest is veteran elections lawyer John French. He has filed corporate documents for a group called Save Our Constitution that lists its directors as Barney Bishop, the president of Associated Industries of Florida; former House Speaker John Thrasher, now a lobbyist with Southern Strategy Group; and former state GOP chairman Al Cardenas.

While it's still organizing, French said his committee aimed to ''do some revocations.''

''Hometown would be our primary interest here,'' French said without offering specifics.

French and two Florida Chamber officials convinced the Florida Division of Elections last month to change its emergency rule so Hometown Democracy signatures gathered as early as last March could be challenged.

The law gives voters 150 days after signing a petition to revoke support.

The agency had drafted a version of its rule making the change that would have exempted any signatures gathered earlier than the Aug. 1 effective date of the law.

But French and two chamber officials argued at a July 23 workshop that if the law took effect Aug 1, any signatures gathered 150 days before then should be fair game.

When the state issued the emergency rule last week, the division's elections lawyer had agreed and changed it.

Spokesman Sterling Ivey said the reversal wasn't ''in direct relation to anything that Hometown Democracy was doing.''

But Hometown Democracy organizers are irate and say they're considering a lawsuit.

''That was just outrageous. They changed it because the chamber asked them to,'' said Hometown co-founder Lesley Blackner, a Palm Beach County lawyer.

Blackner said her group had been told ahead of the hearing that their signatures submitted before Aug. 1 would be un-revocable under the new law.

''That was the state position until the chamber got a hold of them and worked their magic,'' she said.

Tallahassee lawyer Ross Burnaman, another co-founder, said it was obvious the business groups had lobbied for the retroactive application so they could go after more Hometown signatures.

''I'm disappointed, but not surprised,'' Burnaman said. ''I don't have any doubt in my mind they'll attack. The question is when.''

Although he plans to work against Hometown Democracy this fall, French said he was offering the Division of Elections a straight legal reading of what lawmakers passed.

''They have a right to be wrong,'' French said.The new law requires that anyone trying to revoke signatures register with the state as a political committee. Then, the group can look at any initiative group's submitted signatures and target voters who signed with direct-mail or phone banks to coax them into changing their minds.

Shrinking Okeechobee bodes ill for farmers

By LLOYD DUNKELBERGERmailto:(Unknown address)

TALLAHASSEE -- With the state's top agricultural leader saying a drought could have harsh consequences for Florida farms, a new debate has erupted over the water levels in Lake Okeechobee .

Florida Agriculture and Consumer Services Commissioner Charles Bronson said Tuesday that the state's agricultural industry could lose more than $1 billion over the next two years if the drought pattern is not broken -- a loss that would hit farmers, consumers and the state's economy.

Though summer rains have offered some relief, Bronson said water shortages remain critical around the state's largest lake, which is also one of Florida 's most prominent farming regions, with large sugar cane and citrus operations. Bronson and other agriculture representatives are predicting potential crop failure if the water problem is not resolved.

"Agriculture around the lake is facing a dire situation," Bronson said in a statement. "If there's any hope of avoiding a financial meltdown, it's absolutely essential that the state, the South Florida Water Management District and the Army Corps of Engineers do everything possible to increase water levels in Lake Okeechobee ."

But some environmental groups say the threat may be overstated in an effort to get state regulators to approve a controversial plan to pump used farm water back into the state's largest lake. After hearing testimony, the West Palm Beach-based water management district could make a decision this week about the Okeechobee issue, with district officials saying that pumping is only one of the options they are considering.

Paul Gray, a scientist with Audubon of Florida, said it was premature to argue for "back pumping" the farm water into the lake because it could harm the lake, which has been struggling for years with excessive phosphorous and nitrogen loads.

"Nothing bad has happened yet and what they're contemplating is doing something very harmful to Lake Okeechobee and that's back pumping the polluted water in there," he said.

After a drought that lingered into the summer, Lake Okeechobee dropped to record lows and has only recovered to about 9.5 feet -- about 3 to 4 feet below normal levels for this time of year.

Bronson and farmers argue that if the lake remains close to that level when the rainy season ends in November, it could have catastrophic consequences for the farming region in the spring, the peak growing season that also happens to be the state's least-rainy months.

Bronson said the South Florida farmers, who have been under water restrictions since last November, may be reluctant to plant crops under those circumstances.

"This is a tough situation," Bronson said. "Think about it: would you invest hundreds of thousands of dollars planting crops with the prospects of having an insufficient water supply to keep them alive?"

While acknowledging no one can guarantee the weather, Gray argued that heavy rain -- such as one significant tropical system -- could provide better relief than back pumping water into the lake.

He cited the drought of 2001 as an example. Water regulators allowed more than a foot of water to be pumped into the lake, although the lake itself rose about six feet because of rain.

"It turns out we didn't need to put that nutrient pollution into the lake because we got plenty of rain," Gray said.

But farmers around the lake said they cannot rely on the possibility of rain and want the pumping to begin now to provide some relief.

"Next year's dry season could be catastrophic not only to agriculture but to the communities around the lake that depend upon the lake for their water supply," said Judy Sanchez, a spokeswoman for U.S. Sugar, which has about 180,000 acres of farmland in the region.

Sanchez said an inadequate water supply in Okeechobee could also lead to more saltwater intrusion in water wells in South Florida and could potentially threaten the backup water supply for the city of West Palm Beach .

Sanchez called back pumping "the only way" to resolve the crisis, arguing that the back pumped water was cleaner than the water in the lake as well as water entering the lake from the north side.

She said pumping about a foot of water into the lake could make a "critical" difference in helping the region during the next spring dry season.

But Gray said it was "nutty" to argue that the back pumped water was good environmentally for the lake.

He said while the farmland water had less phosphorous than the lake and the water naturally entering the lake from the north, it was still well above the 40 parts per billion that was necessary for a healthy lake.

"It's not as bad," Gray said about the pumped water. "But theirs is lethal to the lake in the long run also."

Randy Smith, a spokesman for the South Florida Water Management District, said the water regulators would be looking at "a lot of options" when they begin reviewing the lake level issue today.
Swiftmud Begins City's Use Hearing

The city of Lakeland and the Southwest Florida Water Management District began their administrative hearing on Monday regarding Lakeland 's consumptive water use permit. The city is challenging Swiftmud and the majority of the hearing will involve dueling data.

Lakeland contends it should be allowed to pump more water from the Floridan aquifer than Swiftmud will permit. The hearing, which is being conducted at The Lakeland Center, is expected to take at least two weeks. There is no timetable for when a ruling will be issued after the hearing is complete.

Pitchford's Landing wins OK

By JASON SCHULTZ

Palm Beach Post Staff Writer

Wednesday, August 08, 2007

STUART — One of the fiercest growth battles in Jensen Beach 's history ended Tuesday with a victory for developer Bill Reily.

Martin County commissioners voted 4-1 to allow him to build his proposed 83-unit Pitchford's Landing housing project, bringing single-family homes and condominiums to about 17 acres being used mostly as an RV park on Indian River Drive .

A band of activists known as the Jensen Beach Group, who have fought the project for nearly two years, protested the proposal Tuesday before commissioners took their vote. Opponents said Reily's plan reduced affordable housing in the county and did not fit the mix of the neighborhood.

"We're throwing out people or encouraging them to go away so we can have more homes for the rich," said group member Jackie Trancynger.

Even children of the opponents spoke against the project Tuesday.

"I don't want Pitchford's Landing to be built. I know what it's going to look like because I lived outside of Hollywood ," Calif. , said 9-year-old Ada-Nicole Sanger, daughter of group member Jeff Sanger. "It looks like everybody barfed up giant concrete monsters right next to each other."

Reily and the Jensen Beach Group have sued each other over the proposed project.

But Reily's supporters said he has done everything to make the residents happy, such as decreasing his proposal from its original 137 units, but nothing will satisfy the opponents.

Supporter Blaine Ellingson called the activists "socialists," "anarchists" and "environmental wackos."

"Thank goodness Mr. Reily survived being thrown under the bus of the 'hate America ' crowd," Ellingson said.

Howard Heims, an attorney representing the opponents, challenged a clause allowing Reily to get out of building a public boardwalk if he pays the county $100,000. Commissioner Sarah Heard, who voted against the project, said the county wasn't getting enough public benefit.

"The developer is getting all the eggs put in his basket and the county gets none," Heard said.

Reily's attorney, Bob Raynes, said the clause is needed because opponents have said they will fight Reily's efforts to get a permit for the boardwalk.

Fred Ayers, owner of the adjacent Conchy Joe's restaurant, worried that Pitchford's residents would complain about his business. He asked for a 30-foot wall between the properties.

"If you don't (approve it) I think it will be the destruction of Conchy Joe's," Ayers said. Reily said he would build a 6-foot wall.

Don Cuozzo, a planner on the project, said Reily agreed to low-density zoning as one of several efforts to appease opponents' concerns.

"This is what the residents asked for. Their T-shirts said low density," said Cuozzo, referring to the opposition group's characteristic green T-shirts.

Members of the group were not wearing their shirts Tuesday as commissioners amended the county's comprehensive growth plan, its blueprint for growth, to allow construction of the project.

"I dressed in black to mourn the death of Martin County 's comprehensive plan," Glenda Burgess said. "It's the death of our community as we know it."

Port St. Lucie officials to hit mall

By TERESA LANE

Palm Beach Post Staff Writer

Wednesday, August 08, 2007

PORT ST. LUCIE — Thirty-six city officials and employees are going shopping Aug. 28 - well, sort of.

Two busloads of city workers and board members are planning a daylong excursion to the Mall at Wellington Green in anticipation of Port St. Lucie having its own mall in about four years.

Taubman Centers Inc., the developer for both malls, and Core Communities of Tradition, where the Port St. Lucie mall will be built, invited city officials to tour the sister mall to identify key issues in traffic, storm water, layout, surrounding land uses and landscaping.

Taubman is providing buses for the trip and has arranged lunch at the mall.

The 1.1 million-square-foot project planned at the northwest corner of Becker Road and Interstate 95, dubbed Tradition Town Center , may have some components its slightly larger counterpart to the south doesn't: a large outdoor "main street," 1,200 apartments and condominiums at its perimeter, another 300,000 square feet of shopping space and a 250-room hotel.

In a June e-mail to city council members, Assistant City Manager Greg Oravec said the tour will "allow us to begin focusing on the review and permitting" of the city's first mall, calling it an "intensive, multiyear effort."

Witness: Broward Sheriff Jenne aided builder

BY WANDA J. DeMARZO

A prominent South Florida developer who poured nearly $1 million into a failed business venture received nearly all his money back with the help of Broward Sheriff Ken Jenne, according to a witness who testified Tuesday before a federal grand jury.

Jenne, 60, faces a possible indictment on felony fraud charges stemming from a two-year federal probe.

Tuesday, a witness testified that developer Philip Procacci, who leases several properties to the Broward Sheriff's Office, asked Jenne to do some consulting work on a deal with Supertech Products, a Fort Lauderdale-based company that claimed to have invented a product that could remove impurities from oil.

Jenne was paid $10,000 by the brokerage firm that proffered the deal to Procacci, Leah Mayersohn, attorney for witness Ara Toroyan, told The Miami Herald. Toroyan is Procacci's former director of finance.

Supertech failed to get off the ground, and Procacci sought his money back. When his negotiations with the head of the company failed, he hired Jenne's longtime friend and attorney, Tom Panza, to assist him, said Linda Frazier, who worked for Panza at the time.

Panza filed a complaint against the president of the company, John P. Acunto, threatening legal action, according to Mayersohn.

But it was Jenne who was instrumental in Procacci getting nearly all of his money back, Mayersohn said Tuesday.

''It was let known to Acunto that the sheriff was involved in the deal,'' Mayersohn said.

'And while the sheriff didn't get on the phone and say `I'm Ken Jenne, the sheriff,' Procacci did let them know Jenne was involved and who he was.''

Acunto, whose company has since been dissolved, confirmed that he also testified before the grand jury Tuesday. He declined to discuss his testimony.

MET SEVERAL TIMES

Toroyan told investigators in July that Procacci and Jenne met several times at Jenne's BSO office to discuss the deal with the company, according to attorney Mayersohn.

Jenne's appointment book confirms that the sheriff flew to Louisiana with Procacci for a June 19, 2002, testing of the product.

Toroyan -- who went on the trip to Lafayette , La. -- told federal investigators that Jenne was escorted to the Fort Lauderdale-Hollywood International Airport by three deputies, who dropped him off at the gate on the tarmac.

''For some reason, the prosecutors were very interested in that little tidbit,'' Mayersohn said.

Jenne did not invest in the company but was told he could buy into it at a fair market price, said Procacci's attorney, Ed O'Donnell Jr.

$10,000 PAYMENT

Jenne received $10,000 for his work on the deal, Mayersohn said, through a brokerage firm that brokered the venture for Procacci.

She added that prosecutors showed her client a copy of the $10,000 check Jenne received.

O'Donnell told The Miami Herald that his client paid for Jenne's airline ticket, his hotel room and his food -- but nothing else.

''My client never paid any money to Jenne but was going to allow him to buy into the company at fair market value once it took off,'' O'Donnell said, adding they hoped to earn billions, but the venture failed.

PAID EXPENSES

The grand jury, which has been hearing testimony since February, will determine whether Jenne capitalized on his public office to acquire well over $50,000 in unreported loans and payments from Procacci, a high-tech executive, the sheriff's two secretaries, and others.

Jenne -- appearing Tuesday at a press conference for a BSO deputy shot in the line of duty -- appeared gaunt, having lost about 60 pounds over the last year and half, according to several sources close to the sheriff.

His attorney, David Bogenschutz, declined to comment Tuesday.

He has tried unsuccessfully over the past few weeks to discuss a misdemeanor plea deal with prosecutors that would allow Jenne to keep his legal license and pension.

Ex-county official to plead guilty to conspiracy

By TOM DUBOCQ, TONY DORIS and STACEY SINGER

Palm Beach Post Staff Writers

Wednesday, August 08, 2007

WEST PALM BEACH — In his final eight years on the Palm Beach County Commission, Warren Newell cooked up three schemes to profit secretly from public votes, using money laundering, falsified financial disclosure and income tax forms, and lies to federal agents to disguise the tainted income, corruption prosecutors charged Tuesday.

From 1999 through early this year, his bundle topped a half million dollars, according to criminal information filed in federal court. Newell, who resigned last month, is to be arraigned today. He has agreed to plead guilty to conspiracy to commit honest services fraud and to file a false federal personal income tax return.

Once convicted, the 52-year-old divorced father of three will face up to five years in prison, a maximum $250,000 fine and forfeiture of at least $150,000.

Newell, a Boynton Beach land-use planner, is the fourth elected official in Palm Beach County to face corruption charges since 2006. Former West Palm Beach Commissioners Ray Liberti and Jim Exline are incarcerated, while former County Commission Chairman Tony Masilotti has been ordered to prison this month.

Expect more to fall, U.S. Attorney R. Alexander Acosta advised at a news conference Tuesday.

"I wish I could say that this is an isolated incident, but it is not," Acosta said. "The people of Palm Beach have suffered. Our work here continues. Our work here is not done."

Newell's conflicts of interests surfaced in February when The Palm Beach Post, after examining financial papers filed in Newell's divorce, uncovered his hidden interest in two lucrative land deals that were sweetened with county commission votes. Around the same time, FBI and IRS agents, headed by prosecutors John Kastrenakes, Julia Paylor and Stephen Carlton, were quizzing Newell about another, more lucrative deal: 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's share of the bonus: $366,000.

As recently as June, Newell falsely reported $200,000 of the income on his financial disclosure forms as a loan from his business partner and best friend, engineer Dan Shalloway. He failed to report an additional $32,000 from the deal on his 2003 federal tax return, according to prosecutors.

Newell and Shalloway are among the partners of SFRN, an influential engineering and surveying firm that does considerable consulting for government agencies, including the Palm Beach County School Board, the Northern Palm Beach County Improvement District and the Port of Palm Beach . In most of the transactions under scrutiny, Newell and Shalloway used SFRN as a conduit to funnel money to the commissioner, prosecutors said.

Shalloway would say little about the federal case. "I'm not at all at risk of being charged," he said Tuesday.

Newell could not be reached, and his attorney wouldn't comment. Newell briefly parked his pickup outside the downtown county government building. His former aide, Chuck Suits, delivered Newell's final pay stub from his $93,650-a-year commission post. Suits later said Newell had nothing to say.

Newell abruptly ended his political career July 17 as he was seeking reelection to a fifth term in 2008, apologizing to Gov. Charlie Crist in a resignation letter that said he would plead guilty to undisclosed crimes. The governor will appoint his successor.

The populist politician also profited from deals detailed in previous Post stories, the new criminal filing against him shows.

As a commissioner, he pushed a $50 million taxpayer initiative to preserve public access to the waterfront - with $14 million spent to buy the development rights for Palm Beach Yacht Center , a Hypoluxo marina where Newell docked Long Shot, his fishing 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 billed the marina for consulting work never performed. The payment from the marina went to Newell, who used the proceeds to pay for back dock fees - in essence, a $40,000 kickback, prosecutors said.

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 legal costs of his divorce.

During the investigation, he repeatedly lied to federal investigators about his role in the deals, prosecutors said. Newell had "a pattern of abusing his position as a county commissioner to personally enrich himself," U.S. Attorney Acosta said. "The harm to Palm Beach County goes well beyond the money squandered or the self-serving votes cast by these corrupt individuals. As a community, we must do what we can to ensure our public officials do not give in to the temptation to betray their public trust for quick cash."

Acosta noted that the federal government's presence has been stepped up to ferret out crooked public servants. 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.

"Since October 2006, when Tony Masilotti was charged, our phones have been ringing with new leads," Delaney said.

How federal prosecutors outlined the deals

Palm Beach Aggregates

When: 1999-2007

What happened: Without disclosing his personal interest, Newell voted in June 1999 to spend $50,000 to study whether water can be stored in rock pits that would be sold for $190 million to the South Florida Water Management District.

What Newell got: About $366,000, most of it disguised as a loan from his business partner and best friend, prominent engineer Dan Shalloway.

Palm Beach Yacht Center

When: 2002-2006

What happened: Newell pushed the county's $14 million purchase of development rights from the marina without disclosing that he owed its owners $48,092 in dockage fees. He also didn't report that he was an investor in two banks with one of the marina's owners.

What Newell got: Newell never paid his dockage fees. The marina funneled about $50,000 through Newell's engineering firm for consulting work never performed. Newell then wrote the yacht center a $37,500 check to pay off hisdockage debt.

Hospital site

When: 2004-2007

What happened: Newell and two partners boughtabout 7 acres of land west of Lake Worth . In February 2005, Newell casttwo votes that increased the property's value without disclosing his interest.The parcels, boughtfor $1.9 million, were flipped in 2006 for $4.4 million to a hospital company, more than twice what the partners paid.

What Newell got: More than $100,000, most of it funneled though Newell's engineering firm for consulting work never performed.

North Port fish house puts developers' Power to the test

Builders win voice in who can tap a sewer line they funded

By JOHN DAVIS

john.davis@heraldtribune.com

NORTH PORT -- A fish house along U.S. 41 at the edge of the Myakka River has become the touchstone for a debate about how much power developers wield in North Port , a city that is leaning heavily on builders to provide roads, water lines and other infrastructure.

The 100-seat Myakka River Oyster Bar has an agreement in hand to tap into water and sewer lines that run by the restaurant, which due to quirky annexations sits on a stretch of county land bordered by city land. The hookup would prevent treated waste water from getting into the river.

But despite support from the city's utilities director and state environmental regulators, the North Port Commission has refused to sign the deal.

The agreement for water and sewer service was on the city's consent agenda July 23, a list of routine city business that the commission typically approves without discussion. Myakka River Oyster Bar owners Mike and JoAnn Stegenga were so sure the deal was in the bag they did not even show up to that meeting.

Turns out they were wrong.

A last-minute protest from the developers of Thomas Ranch, who spent $11 million putting the pipes in, convinced city leaders that they should have a say in who gets to hook into the lines -- even though the lines are now owned by the city.

Commissioners then voted 5-0 to deny what city Utilities Director Cindi Mick told them would be a minor user of the city's water supply.

This has left the Stegengas in what they describe as a "David and Goliath" fight with the city of North Port and the West Villages Improvement District, a special taxing district on the Thomas Ranch land. The district is a quasi-government set up by the developers that has the power to charge fees to residents, projected to be tens of thousands in the coming decade. The fees will pay for the roads and other infrastructure developers build there, including the water and sewer lines.

With only a couple of hundred homes in the West Villages right now, growth expert Douglas Porter was surprised that these developers could easily sway city leaders.

"I don't know what the basis of the pressure could be until they get enough residents to form a voting block," said Porter, president of the nonprofit Growth Management Institute in Maryland .

To the Stegengas, theirs is a small request that would help out a business they have been running for more than a decade. If nothing else, it would eliminate the disposable cups and plastic forks now used at the restaurant to conserve water.

"I'm surprised it caused such a stir," said JoAnn Stegenga. "It's not like we're asking for 50 million gallons."

The state Department of Environmental Protection supports the hookup because it would eliminate the runoff of treated waste water from the restaurant's septic system into the Myakka River .

Right now, the Stegengas do not have a permit for their septic system. The DEP has agreed to hold off insisting they go through the permitting process while they try to get on the city's water and sewer lines.

"It's obvious it would solve everybody's problem," said Pamela Vazquez, the agency's spokeswoman.

The West Villages Improvement District disagrees. And so far city leaders have sided with West Villages, protecting access to the water and sewer lines.

"We would not have this line if it were not for the West Villages," said Commissioner Fred Tower .

Though the lines belong to North Port , city leaders have agreed that West Village developers should have a voice in what happens to them.

"What they've done is formed a partnership with us," Tower said.

To support the people the West Villages plans to bring into North Port , the district has agreed to pay for public infrastructure such as parks, roads, water lines and even a sewage treatment plant.

West Villages and city leaders fear the precedent set by letting even a small restaurant that is not in the city tap into the line that connects the district to the city system. Much of the acreage along U.S. 41 in that area is still wooded and awaiting development.

Near the Stegengas' restaurant, Sarasota developer Frederick Clark plans to put 60 condominiums on the Myakka River . He too wants sewer and water services from North Port.

Commissioner Richard Lockhart likens opening the water lines in this sliver of county land to a "Pandora's box," and this attitude is keeping the restaurant on the losing side of this debate, with no water, no permit and DEP knocking on her door.

The Stegengas are planning to come back to the commission in September and renew the plea for water and are now asking for meetings with city staff and West Villages to smooth the way.

How successful they will be remains to be seen.

It is clear at this point that any decision about the utility lines will include input from the West Villages.

"We're concerned about the city's ability to provide the service we're looking forward to," West Villages engineer J.P. Marchand told commissioners.

Poll: Fla. believes global warming a threat

BY AARON DESLATTE
FLORIDA TODAY CAPITAL BUREAU

TALLAHASSEE -- Most Floridians believe global warming is a threat that will have adverse impacts on the state in future years and support Gov. Charlie Crist's climate change initiatives, a new statewide poll indicates.

The Mason-Dixon poll was commissioned by the green group Environmental Defense and released today. It found 69 percent of those surveyed felt greenhouse gases would negatively impact their lives, and half felt Florida was in greater danger than the rest of the country.

Nearly nine out of 10 respondents also said climate change shouldn't be treated as a partisan political issue.

"Gov. Crist has clearly struck a chord not only with independents and Democrats but what we'll call 'low-carbon conservatives,'" said Gerald Karnas, director of Environmental Defense's Florida Climate Change Project.

The poll of 625 registered voters was conducted last month and had a 4 percent margin of error.

Crist created an international stir last month by setting targets for slashing carbon pollution from smokestacks and tailpipes in coming years. He also pledged to work with other states and countries to develop a new climate change accord.

While most viewed his efforts favorably, the poll also showed some partisan divisions between voters.

Fully, 82 percent supported Crist's aim of cutting carbon emissions from power plants to 2000 levels over the next decade, but only 53 percent said the benefits of taking action would be "worth the economic cost."

Over two-thirds of Democrats who responded said it would be worth the costs, while about one-third of Republicans agreed. Just over 60 percent of independents said it was worth it.

Two-thirds of Republicans also disagreed with Crist's statement that "our state's future depends on" addressing climate change, while nearly 60 percent of Democrats and independents agreed.

"There is a strong need for more education efforts to convince voters these objectives are not going to hurt the economy," pollster Brad Coker said. "People support the goal. They just aren't sure what it's going to do to the economy."

To help tout its bipartisan results, Environmental Defense rolled out conservative political strategist Tucker Eskew, who worked as a deputy assistant to President Bush.

Eskew praised Crist for his stance and said it was news that Republicans weren't lagging behind Democrats as far as they used to on the issue.

"More and more conservatives are leading the way toward energy policies that reduce pollution, reduce dependence on foreign sources of oil, and reduce funding for terrorists," he said.

The poll mirrors one released Monday by Associated Industries of Florida that suggested 85 percent of Florida voters said global warming was a problem. Three-fourths of those voters also favored building new power plants, an aim the business lobby has been hammering on.

AIF President Barney Bishop said the results show Crist could face public resistance if his goals to rely more on renewable energy resulted in higher utility bills.

"That's where I think the governor is going to get some pushback," he said. "People are going to be reluctant to pay more for their energy."

County kills proposal on green spaces

The ordinance would have set rules for land sales and transfers.

By THERESA BLACKWELL, Times Staff Writer
Published August 8, 2007

Pinellas County commissioners Tuesday killed a proposed ordinance that would have required a public vote before selling or transferring county parks and environmental lands.

"I would just like to see us start over," said Commissioner Calvin Harris, who objected to exceptions in the ordinance that critics saw as loopholes.

The unanimous vote came after 10 speakers urged commissioners to protect the county's green spaces - particularly environmental lands such as the Brooker Creek, Weedon Island and Shell Key preserves - to the greatest degree possible.

"This ordinance accomplishes very little to nothing in the protection of those lands," said John Miolla, representing the Crescent Oaks subdivision and the newly formed Council of North County Neighborhoods.

Opponents said exceptions in the proposed ordinance would have let commissioners take drastic steps affecting parks and environmental lands without getting the approval of voters first.

"This ordinance has been a thorn in the side of the general public for a long time now," St. Petersburg activist Lorraine Margeson told commissioners.

As proposed, the ordinance generally would have required a public referendum to approve selling or transferring most county-owned parks or environmental lands.

But there were six exceptions to the requirement for a referendum.

"If we keep on the path we are on, there won't be a future," said Dawn Ladd, a volunteer with the Friends of Brooker Creek Preserve.

"Preserve lands will be gone because it will be the fruit too tempting and convenient to pick when someone decides they have an appetite or a need."

Critics said writing the safeguards into the county charter would give voters, not commissioners, control over the future of environmental lands.

A charter amendment, they said, would better protect environmental lands from the kinds of intrusions, such as horseback riding centers and ballfields, that have been recently proposed for the Brooker Creek Preserve.

"Prevent the problems of the past two years and provide real protection," said Walt Hoskins, chairman of the Friends of Brooker Creek Preserve.

Speakers also said that the commission should deal with parks and environmental lands in separate measures, not in the same ordinance or charter amendment.

In response, Commissioners Calvin Harris, Ken Welch and John Morroni favored passing separate charter amendments for parks and for environmental lands.

Commissioner Ronnie Duncan said a charter amendment is needed at least for environmental lands.

Commissioners Susan Latvala and Bob Stewart said they favor creating separate ordinances for parks and environmental lands. Commissioner Karen Seel was absent.

"I don't think this stew is done yet," Latvala said.

After the ordinance was voted down, Stewart made a motion to "authorize staff and the public to work together to develop two separate ordinances that may or may not include charter language."

It passed unanimously, but left it unclear whether the next step will be two ordinances, two charter amendments, one of each or two of each.

"They are going to go charter amendment," predicted Margeson, who has urged the commission to adopt a charter amendment based on waterfront protections in St. Petersburg 's charter. "They have to go charter amendment to assure protection with voter purview."

Theresa Blackwell can be reached at tblackwell@sptimes.com or 727 445-4170.

County to buy 800 acres in Green Swamp

August 8, 2007

TAVARES

County commissioners Tuesday unanimously approved plans to buy about 800 acres of environmentally sensitive land in the Green Swamp after a temporary setback last month.

The $6.7 million purchase is the county's most expensive to date under Lake 's land-acquisition program.

County officials said the pasture and wet-prairie plot is in one of the state's top conservation areas. And they say it could be the first of several properties near Withlacoochee State Forest that might be pieced together for preservation.

But several weeks ago, a more-than-50-year-old mineral-rights claim to the property snagged the sale.

County Attorney Sandy Minkoff said Tuesday that the land's owners had resolved the claim. The county is expected to buy the property in early September.

The land-acquisition program is funded through a special tax voters approved in 2004.

Christine Dellert, Robert Sargent and Katie Fretland of the Sentinel staff contributed to this report

Utopia ditches development district plans
Commission votes to give impact fee credit of almost $1.6 million to Bellhaven developer

BY CHRISTOPHER CURRY
STAR-BANNER

OCALA - The Utopia of Marion developers found themselves far from paradise when the County Commission considered their application to create a special government district on Tuesday.

Palm Beach County 's Ecclestone Signature Homes is planning to develop the 950-home retirement community in Summerfield. Commissioners peppered an Ecclestone consultant with concerns about the way the developer of The Villages used the same community development district form of government.

There, two developer-appointed boards have historically voted to sell recreational facilities and utility companies to the residents without their approval.

Ecclestone's consultant, Woody Wodraska, said this developer did not plan to use the districts as The Villages did, but he abruptly withdrew the application as commissioners seemed poised to vote it down.

Under Florida Statute 190, a developer, with local government approval, may establish a community development district to fund the construction and maintenance of recreational facilities and infrastructure such as roads, water and sewer lines, and drainage retention ponds. The district typically borrows money to fund construction and then assesses homeowners to pay off the debt.

Wodraska argued that the annual assessments - which were expected to be between $1,000 and $1,500 - offer homeowners a break because the expenses for infrastructure and amenities would not be included in the initial cost of the house.

"Your altruism makes me blush," Commissioner Jim Payton said. "But what it really is, is a scheme to get a perpetual source of revenue from your residents."

Ecclestone chairman Llwyd Ecclestone could not be reached for comment Tuesday on what effect, if any, the lack of a community development district would have on the project.

OFFICIALS OK CREDIT

Also Tuesday, commissioners unanimously voted to go against staff's recommendation and give developer Kirk Boone a transportation impact fee credit of almost $1.6 million. The money would cover the estimated construction costs for Southeast 102nd Place between Baseline Road and Southeast 67th Avenue in Belleview.

Boone plans to build a 550-home community called Bellhaven off Baseline, with some commercial development.

The commission's vote means his company will not have to pay almost $1.6 million in transportation impact fees to the county because the developer is paying the construction costs for 102nd Place .

County staff did not like the request because the road is not in the county's five-year-construction plan and there will be less impact fee money available to fund roads deemed a higher priority.

The Belleview City Commission sent the County Commission a letter of support for Boone's request because the new road will improve access to the Belleview Sports Complex.

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

Pasadena Hills Envisions Hamlets, Villages

By JULIA FERRANTE The Tampa Tribune

Published: Aug 8, 2007

DADE CITY - Pasadena Hills in east-central Pasco County long has been defined by its hills and scenic vistas.

More recently, the area between San Antonio , Dade City and Zephyrhills has become a target for growth.

During the next several decades, planners envision a dozen "villages" and "hamlets" surrounding small retail and office nodes to keep future residents living, working and shopping close to home. Wetlands and "rural enclaves" also would be protected. Roads, sewer lines and schools would be built as the area transforms from rural to suburban.

The county commission, sitting as the Local Planning Agency on Tuesday, signed off on a plan for the 22,000-acre area, bounded by Curley Road, U.S. 301 and State Roads 52 and 54. The plan is to be sent in two weeks to the state Department of Community Affairs for review.

Residents, large landowners and county officials have been working on the Pasadena Hills plan for months. Commissioner Ted Schrader suggested looking at the area as a whole after several landowners in the area applied to the county for dramatic land-use changes. "I think this is a plan that really makes a lot of sense," Schrader said during a public hearing in Dade City .

The plan calls for creating an overlay district that would allow for more urban and suburban development, with various degrees of residential density. Each village must include schools, roads and other infrastructure, and developers would have to come up with a financial plan to pay for the improvements before they break ground.

Joel Tew, a Clearwater lawyer representing a group of area landowners who largely financed the plan, asked commissioners to allow office space in the villages with more residential density. He suggested a cap of 100,000 to 150,000 square feet.

"Nonresidential uses should be allowed to a certain degree," Tew said. "We're not creating regional centers. That is too large, but we need a combination."

The commission agreed to a 150,000-square-feet limit.

Tew said his clients also support a special taxing district to pay for infrastructure. A possible obstacle is that landowners may not be ready to develop at the same time, which could delay building the village centers. "We can't force other properties to rezone," Tew said.

Commissioner Michael Cox agreed with allowing office developments but said he is concerned the village centers will attract only restaurants, coffee shops and dry cleaners with lower-paying jobs. "That doesn't necessarily help the economy of the area," Cox said.

Some who attended the public hearing expressed concern about water resources and infrastructure.

A planning consultant for the town of St. Leo asked that the commission consider the town's future. He objected to the extension of Handcart Road through the town and wondered who would regulate the overlay district, which spills into St. Leo.

Alma Costin of Blanton said there are not enough roads or drinking water to support the development.

"This land-use proposal is the largest ever in Pasco ," she said. "You cannot show proof of need. This is set too far in the future. There are not enough roads. This could greatly affect the roads."

Richard Riley of Trilby agreed the new residents will further clog Interstate 75.

"We're overbuilt. &hellip Do we really need this?" he asked.

Nancy Hazelwood of Dade City said current residents should not have to pay for future growth.

"I don't want to see this as the expense of the rest of us," she said.

Commissioner Pat Mulieri said the Pasadena Hills plan takes into account concerns of the future.

"We're not just developing helter-skelter," she said.

Commission Chairwoman Ann Hildebrand agreed.

"If everybody didn't get everything they asked for, it's a good plan," she said.

Also Tuesday, commissioners agreed to create a committee to study a proposed increase in school impact fees.

The Pasco County School District is proposing that the one-time construction fee for single-family homes rise from $4,400 to $10,477. The increase would swell impact fees on such a house to $26,000.

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.

Sinkhole Deal Could Put Pasco , Hernando Residents In Bigger Hole

The Tampa Tribune

Published: August 8, 2007

Gov. Charlie Crist and the Legislature failed to deliver on promises to lower property insurance rates throughout Florida , but they succeeded in making things worse for residents of Hernando and Pasco counties who depend upon the state for coverage.

Beginning in a few weeks, clients of the state-run Citizens Property Insurance in Hernando and Pasco no longer will automatically have standard sinkhole coverage. These consumers only will be guaranteed coverage in event of a 'catastrophic ground cover collapse' that results in local governments condemning their property and ordering them to vacate. They will have to pay extra if they want protection against sinkhole damage that doesn't make the home uninhabitable.

It's a grossly unfair tradeoff, a look-good ploy by lawmakers to show they are reducing rates. And it's an overreaction to what some officials say are a large number of highly questionable claims filed in both counties, which account for most of Citizens' sinkhole claims.

Unquestionably, Pasco and Hernando are extremely vulnerable to sinkholes because of topography. In many areas, limestone either is exposed or only covered by a thin layer of dirt. Last year alone in Pasco , geotechnical companies reported 855 confirmed sinkholes. Traditional sinkhole coverage is just as critical as windstorm in these areas.

Citizens' customers in these two counties do have a choice: They can get sinkhole coverage from Citizens, but they'll have to request it. And to do so, they'll have to read their premium notices carefully and probably dig deeper in their pockets.

While it is important to offer a choice so residents already suffering from high premiums can save money, the state has gone about it backwards. Instead of allowing customers to opt out during the renewal or initial signup process - a much more customer-friendly approach - the state has deleted up front what had been a standard coverage.

Granted, some policyholders are expected to see reductions of up to 60 percent, but it's a deceiving carrot the state is dangling, and homeowners need to be leery.

Under the program, Citizens says Hernando and Pasco residents who purchase sinkhole coverage could face 'significant' additional costs - an average of $519 in Pasco . Some, though, may see a reduction even if they keep sinkhole coverage because circumstances vary.

It's unfortunate, but understandable, that Pasco and Hernando are being singled out.

Both counties have allowed heavy development in sinkhole-prone areas. And homeowners living in vulnerable areas should pay more, just as those who live in hazardous coastal areas shouldn't expect inland homeowners to subsidize their insurance coverage. But it's not fair to abruptly pull the rug out from under homeowners, most of whom had no clue they faced an increased sinkhole risk.

What is needed are guidelines that would discourage development in acutely sinkhole-prone areas and that would identify places where the risks were high. People who moved in those areas then would know to expect higher insurance bills. But this is a process that should be done gradually and with public participation.

Residents of Hernando and Pasco have to ask themselves whether going without standard sinkhole coverage is worth the risk, which is real, in exchange for saving money. Specialists say a catastrophic collapse is extremely rare and that the average cost of repairing a sinkhole-damaged home is $60,000 to $65,000 - an expense that would have to be paid out of pocket and which would devastate many households.

State officials and lawmakers should scrap this pilot program, and come up with a system that doesn't slap Pasco and Hernando homeowners with an impossible choice.

Ryland May Resurrect Project As Rental

By CHRISTIAN M. WADE The Tampa Tribune

Published: Aug 8, 2007

NEW PORT RICHEY - It got the property annexed into the city last year, with plans to construct a gated community of 500 condominiums overlooking the Gulf of Mexico .

Then the condo market went belly up, and Ryland Homes shelved the project.

Last week, the builder approached city officials, this time with a new proposal for the undeveloped property off Sea Forest Drive : Ryland wants it rezoned for multifamily rental units.

City Planner Lisa Fierce said the property is zoned as a planned development district, and zoning and land-use changes would require city council approval.

"Right now, it's just an informal proposal," she said. "They haven't filed anything yet."

Ryland officials could not be reached for comment Tuesday.

The company's new proposal is likely to be scrutinized by council members.

More than 40 percent of New Port Richey's housing is rental, and city officials for years have been trying to shake the city's image as a haven for rental properties.

Ryland, one of the country's largest home builders, proposed plans in 2005 to build six nine-story buildings with a parking garage, fitness center, library, post office and swimming pools on the 30-acre property near Gulf Harbors.

City officials were excited at the prospect of expanding the property tax base, and Ryland was looking for access to municipal utilities and better fire and police protection.

After approving the annexation, the council rezoned the property from a multifamily designation to a planned development district and approved preliminary site plans for the gated complex. The proposed community even was given a name: Venetian Isles.

Several months later, Ryland put the land on the market for $12.5 million - nearly $10 million more than the builder had paid for it - leaving the future of the project uncertain. Failing to find a buyer, Ryland took the property off the market.

The project's demise was bad news for a city trying to boost its general fund reserve through development and annexation.

Revenue from growth pays for services such as police and fire and helps keep property taxes down. The Ryland project had promised to add 1,000 residents to the city while pumping tax money into municipal coffers.

With the flat condo market, Ryland is looking to market the site as rental property.

"They're trying to sell the property," Fierce said.

"This would give them more flexibility."

Reporter Christian M. Wade can be reached at (727) 815-1082 or cwade@tampatrib.com.

Commissoners Buy Time On Asphalt Plant

By Jim Konkoly of The Tampa Tribune

Published: August 8, 2007

SEBRING — Highlands County commissioners agreed Tuesday to postpone their decision for six weeks on whether to build a county- run asphalt plant.

The delay gives asphalt companies time to submit new bids on providing the material for road paving and resurfacing.

Ken Wheeler, the county's solid waste director, recommended the delay because asphalt contractors reported that new market conditions in their industry affect the price they can offer.

Wheeler, who has led the county's investigation of building and running its own asphalt plant, said the new price contractors can offer has to be known for a fair comparison to asphalt costs from a county operation.

"I expect to see some substantially lower prices to compare to a county asphalt plant," Wheeler said.
Better Roads, a Naples company with an asphalt plant in Lake Placid , holds the current county asphalt contract with a low price of $91 per ton for a virgin asphalt mix.

Wheeler has estimated that, with a $3.3 million investment in an asphalt plant at the county landfill, the county could supply a virgin grade asphalt at $67.55 per ton, a savings of $23.45 per ton over the current price from the private sector.

Joe Turner, president of Better Roads, couldn't estimate a new bid price, but he did cite two factors indicating that asphalt contractors can offer lower prices.

"Because of the housing industry (downturn), asphalt work is down statewide," he said. Also, he said, the material which binds asphalt has dropped between 20 to 25 percent since the current contract was bid.

"What we can't quantify," Wheeler said, "is the impact of the market changes and how that will affect the bid results." New bids will provide the answer, he said.

James Lobozzo Jr., an attorney representing the Asphalt Contractors Association of Florida, praised the decision to put off a decision on the county asphalt plant so that the most up-to-date prices can be provided by asphalt contractors.

"The board (of commissioners) has to have all the information it needs to make this very important decision," he said.

Wheeler and the asphalt contractors association remain at odds, though, on the county's cost estimates to produce its own asphalt. In an 8-page analysis of the county project issued last week, Jim Warren, executive director of the association, called the county's cost projections "flawed" and unrealistically low.

"It doesn't change our position," Warren said after the commissioners delayed their vote for six weeks to get new prices from asphalt contractors.

But, Warren added, "it is reasonable to look at the actual numbers" of prices that asphalt contractors can offer now due to market changes.

Wheeler is standing firm behind his projections, made with the PBS&J consulting firm, of a $23.45 per ton savings from county produced asphalt compared to the current price from private industry.
"I believe we can successfully defend the challenges" expressed by the contractors association, he told commissioners.

But, Wheeler said, the new prices must be available for a fair analysis.

Guy Maxcy, chairman of the county commissioners, said new specifications will be written into the new asphalt bids to protect the county from late delivery of asphalt, a problem which plagued road resurfacing projects several years ago. Other changes in bid specifications will be aimed at preventing problems imposed on asphalt contractors, he said.

Several years ago, Turner said, his company "couldn't always get to the county work on time." The county asphalt contract gives the supplier five days notice to have asphalt at a paving site, he said, and that creates problems. He suggested the new contract allow the supplier 20 to 25 days notice of when the asphalt must be delivered.

Wheeler said the new bid proposal will provide a penalty clause for not delivering asphalt for paving jobs on time. If the company doesn't deliver on time, he said, the county would then be supplied by the second lowest bidder, with the low bidder paying the difference in price.

County Administrator Carl Cool said Better Roads had problems with on-time delivery several years ago, but has not had any delays over the past year.

Impasse over Boy Scout camp

Foundation for Dreams wants to buy part of Camp Flying Eagle

BY CHRISTOPHER O'DONNELL

EAST MANATEE -- Foundation for Dreams pays just $1 a year for the 7.5 acres it leases at Camp Flying Eagle.

But the nonprofit tenant has become the sticking point in the two-year legal battle over whether the camp can be sold.

The Southwest Florida Boy Scouts Council has agreed with former Scouts, who sued to block the camp's sale, that it will not sell the camp unless a replacement is built in Manatee County or within 10 miles of the county's southern and eastern borders.

But that agreement hinges on county commissioners' backtracking on their 2006 decision to prevent future development on the Flying Eagle property.

But some commissioners said they are unlikely to do that unless the settlement safeguards the future of Foundation for Dreams' camp for handicapped children, held on part of Camp Flying Eagle.

On Tuesday, the commission delayed its vote until next week in the hope that the Scouts Council and the Foundation for Dreams will reach a settlement. But officials from both sides doubted they can reach an agreement in time.

The Foundation for Dreams has a 30-year lease with the Scouts Council that gives it 7.5 acres of the wilderness camp and access to all camp facilities, including a dining hall and swimming pool. The foundation pays the council $10 per day per child to cover operating expenses, which amounts to about $10,000 every summer.

In recent talks, the Scouts Council has offered the foundation the opportunity to lease 10 percent of a new camp for 99 years should it sell Camp Flying Eagle.

But Ed Mulock, Foundation for Dreams founder, said the camp needs to be close to Manatee Memorial Hospital , with whom it has an agreement to take handicapped children should a medical emergency arise.

Mulock's proposal is that the foundation be allowed to buy 35 acres of Camp Flying Eagle if the Scouts sell it.

But no price has been agreed upon, and Scouts officials said it is unlikely their board, made up of more than 50 members from seven counties, would agree to the proposal.

"Our letter said this was our best offer, and he (Mulock) basically rejected it by making a counteroffer," said Jim Toale, a member of the Scouts Council's Executive Committee.

The battle over Camp Flying Eagle began when the Manatee County Boys Development Association, a group of former Scouts, sued the council over rumors that it was considering offers for as much as $12 million for the 187-acre camp on the Manatee River .

The Scouts Council has said that encroaching development has eroded the wilderness experience that Camp Flying Eagle offered in its heyday. It is seeking a site of roughly 600 acres farther east.

Manatee County stepped into the dispute a year ago, tweaking land-use laws to restrict the camp and Camp Honi Hanta, the Girl Scouts camp near the Braden River , to recreational uses.

The Scouts Council and the Girl Scouts of Gulf Coast Florida said the decision had made their land worthless and filed a legal petition asking the state to overturn it.

The Scouts Council and Foundation for Dreams plan to continue talks until next week's scheduled vote.

With its visitors being mostly day campers, the Foundation for Dreams camp cannot succeed if the camp is relocated to an isolated, rural area, Mulock said.

"If we were near Arcadia or somewhere south, our day camp would probably be destroyed," he said. "If they sell, we want the right to be able to continue on that site."

Worldwide Participation Sought for the Creation of a New Florida Town

PANAMA CITY, Fla., Aug. 7 /PRNewswire/ -- A global audience is encouraged to share their individual thoughts and perspectives on the creation of a new town, Huckelberry Creek, during a week-long community and web-based charrette in Panama City, Florida August 8 - 14. World-renowned new urbanism design firm Duany Plater-Zyberk (DZP) will facilitate the intensive planning session for citizens, government leaders, designers and others to collaborate on a vision for development.

Soon to be developed by the Epoch Corporation, Huckelberry Creek is a 2,132-acre site located in the woodlands just north of downtown Panama City in Bay County near Highways 231 and 390. The property gets its name from the creek that naturally winds throughout the uninhabited pine forest and the huckleberry bushes that grow in the area.

The Epoch Corporation's President and CEO Antonio J. Cabrera Jr. anticipates heavy local, national and international interest during Huckelberry Creek's developmental process because it rests in the epicenter of the region's growth.

"Panama City must expand to the north since it is landlocked by the Gulf and neighboring municipalities," said Cabrera. "By the time Huckelberry Creek begins construction in 2010, the city will have annexed land adjacent to the property and the first U.S. international airport approved in the last 10 yrs will be built just a few miles away."

"We envision an environmentally sensitive new urban community that provides desirable housing for working families, relaxing solitude for retirees, and unique experiences for foreign visitors," said Cabrera. "I believe this charrette will allow every person who participates to be mutual author of the plan and give immediate feedback to the designers."

The charrette, which is expected to attract influential developers, business leaders, government officials, interested residents and community activists, will be held at the Martin Theatre, 409 Harrison Avenue. The public schedule is as follows:

Wednesday, August 8 2:00 - 3:00 p.m. Elected Officials/Planning Staff/Boards/Commissioners 7:00 - 9:00 p.m. Opening Presentation Thursday, August 9 10:00 - 11:00 a.m. Commercial/Retail/Civic Amenities 2:00 - 3:00 p.m. Public Works/Safety/Agencies/Traffic Friday, August 10 10:00 - 11:00 a.m. Residential Builders/Architects/Developers Saturday, August 11 2:00 - 4:00 p.m. Pin-Up Review Neighbors and Public Tuesday, August 14 7:00 - 9:00 p.m. Final Presentation

A dedicated website for the charrette (http://www.wraggcasas.com/Huckelberry) will be live August 8 for interested parties from around the world to review information about the property and submit their comments directly to the team of design experts and consultants led by Elizabeth Plater-Zyberk of Duany Plater-Zyberk (DPZ), a major leader in the practice and direction of urban planning, having designed more than 300 new and existing communities in the United States and overseas. She said many goals would be accomplished during the charrette.

"First, everyone who has a stake in the project develops a vested interest in the ultimate vision," said Plater-Zyberk. "Next, the design team works together to produce a set of finished documents that address all aspects of design. Since the input of all the players is gathered at one event, it is possible to avoid the prolonged discussions that typically delay conventional planning projects."

Finally, the finished result is produced more efficiently and cost-effectively because the process is collaborative she said.

Since its founding in 1980, Duany Plater-Zyberk & Company (DPZ) has designed new resorts, towns, community revitalization developments and regional plans. The firm's designs have had a major influence on the practice and direction of town and urban planning in the United States.

The firm's early project of the town of Seaside in the Florida panhandle was the first authentic new town to be built successfully in the United States within the past 50 years. Seaside garnered numerous awards and international recognition for its incorporation of environmental conservation, sense of place and community, and a new approach to development economics. A significant aspect of DPZ's work is its innovative use of planning regulations, which accompany each design project. Other notable developments include Florida new urbanism towns Rosemary Beach and Alys Beach.

Andres Duany and Elizabeth Plater-Zyberk, co-founders of DPZ, have dedicated their careers to proposing beautiful and practical alternatives to suburban sprawl and urban deterioration. They have produced regional conservation and development plans for counties in Florida and New York, as well as new traditional neighborhood and rebuilding plans throughout the country and abroad. Abroad, DPZ projects are underway in Scotland, Spain, Canada, Germany, Belgium, Australia, the Philippines, Mexico, India and Turkey. Urban redevelopment plans for existing communities include: Baton Rouge, Louisiana; West Palm Beach, Naples, Sarasota, and Fort Myers, Florida; and Providence, Rhode Island. In addition, the firm is rewriting the entire City of Miami zoning code in the groundbreaking Miami 21 project.

You can learn more about the firm at http://www.dpz.com/.

The Epoch Corporation specializes in combining a diversified range of investors and real estate professionals to identify and develop unique opportunities. The visionary team creates significant commercial and residential projects in key locations that often open an undervalued area to future growth.

The Epoch Corporation has acted as general contractor or developed and sold an array of successful real estate projects since 1986. Each project is conceived and carried out with consummate expertise, due to the team's deep, first-hand knowledge of construction management, general contracting, real estate financing, marketing, and a wide-ranging network of distinguished business and professional contacts.

The principals have carried out major projects in Florida for the U.S. Department of Housing and Urban Development (HUD), Miami-Dade County, and private companies. Award-winning work includes the Regions Bank building in Coral Gables, Fla., designed by Arquitectonica, and the Ocean Bank building in Miami Beach, Fla. The company developed the Development of Regional Impact (DRI) project that includes the Ocean Bank headquarters and office building on LeJeune Road in Coral Gables, Fla.

The Epoch Corporation's largest concept is the 2,900-unit River Front development along the north bank of the Miami River, which encompasses six condominium towers of 41 to 51 stories, 120,000 feet of commercial space and 80,000 square-feet of retail. Riverfront's first two buildings Ivy and Wind are slated for completion in 2008.

You can learn more about the company on its website: http://www.theepochcorp.com/.

Groups peek at presentation

No flashing, but some finger-pointing is likely at "Government Gone Wild" seminars.

By BARBARA BEHRENDT, Times Staff Writer
Published August 7, 2007

BROOKSVILLE - Calling it a "monumental and historical movement," local business owner Blaise Ingoglia on Monday revealed the first details of a series of upcoming seminars he has called "Government Gone Wild."

As a guest on the morning talk show of WWJB AM host Bob Haa, Ingoglia urged Hernando residents to sign up for his free seminars to learn how their county government collects and spends their tax dollars.

What his research has found, he said, is government waste.

Ingoglia said repeatedly that he has the support of some of the community's top local business leaders and that their common message to Hernando County government is "stop the spending."

He specifically said that the Greater Hernando County Chamber of Commerce, the Hernando Builders Association and the Hernando County Association of Realtors were supporting the seminars. Some of the members of those groups have seen a version of the presentation.

But Realtors Association President Harry Willett said that while his group supports the tax initiative on the January ballot, it neither supports nor lends its name to Ingoglia's effort.

"We have seen partial presentations of the initiative and found it misleading and the information presented was not current," he said in an e-mail to the Hernando Times.

On Monday he said that the Realtors "would rather work with people than work against them."

Willett added that the presentation seemed like "a crusade for one person to get attention."

The Chamber of Commerce "has initially endorsed the presentation but didn't agree to monetarily support it," said Morris Porton, government affairs liaison for the chamber.

"We've endorsed it in principle," he said. "We don't want it to be any indication that we're here to blast the county."

A chamber committee is supposed to be examining a final version of the presentation.

Doug Adrian, president of the Hernando Builders Association, said his board has agreed to "support it in spirit" but declined to support it financially.

He said he has not seen the presentation.

Len Tria, who is chamber liaison to several business groups, said that Hernando Progress has also agreed to support the concept of the seminars.

An invitation-only first screening of the Government Gone Wild PowerPoint presentation is set for Friday evening at the Silverthorn Country Club.

Ingoglia said the first session is designed to get business leaders on board with the information so they can go back and encourage their employees to sign up for one of the sessions planned for residents, which run from Aug. 17-25.

The name of the seminars is a takeoff on the risque videos Girls Gone Wild and Ingoglia said it was simply a marketing tool.

"We're just putting information out there, true factual information and asking, has government gone wild," he said on the radio show.

The presentation will begin with a primer of how government operates, how it raises money and how it spends it. Because some residents don't understand exactly how the county government works, the presentation will be a kind of "government to English, English to government" translation," Ingoglia said.

The conclusion of the presentation is an action plan to show "how we're going to make some change," he said.

The presentation uses figures taken from the county government itself. "It's not a political message," Ingoglia said. "It's true and factual statements."

Ingoglia said he did not know why the Realtors had decided not to support the seminars and he was trying to work through their concerns. He did say that all the information presented was checked out and factual so he didn't understand their questions.

Ingoglia insisted that the seminars are not promoting a political message.

But promoting an issue or speaking out supporting candidates or opposing incumbents could land the effort into the realm of a political action committee, according to Supervisor of Elections Annie Williams.

While she had not heard about Ingoglia's project, she said that any group promoting a political agenda would have to file paperwork with her office once they raise $500 or receive in-kind contributions reaching that level.

So far, Ingoglia said that all the money that has been spent up to this time has been his.

Ingoglia encouraged people to sign up for a seminar on his Web site, www.governmentgonewild.org or through 585-3880.

Conservative talk show host Haa encouraged residents to attend the county's public hearings on the budget slated for 5 p.m. on Sept. 13 and 27.

County Administrator Gary Kuhl said Monday that he had heard about the movement but didn't know enough about it to decide whether he would sign up to attend a seminar.

He said the county has provided the public complete budget information and he has also scheduled meetings with residents to further the education about how government works.

As for the message of government waste, Kuhl said people have a right to that opinion.

"That's why we live in America ," he said.

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

Desalination provides water, but it is costly

BY ANDY REID THE ASSOCIATED PRESS

Small plastic bottles with labels proclaiming "a taste of Florida 's future" contain drinking water mined from the sea.

Filtered and treated at a desalination plant that supplements supplies in the Florida Keys , the bottled water is a crystal-clear marketing gimmick to show that taking the salt out of seawater offers a drought-proof solution to the state's water woes.

But a few hundred miles from the Keys, Tampa 's troubled desalination plant -- built to become the largest of its kind in North America but still struggling to run at full capacity -- stands as a monument to how costly and uncertain the investment can be.

During a drought that has led to the toughest water restrictions in South Florida history, water managers have renewed their call to explore using the sea to help meet water needs. Fort Lauderdale is among the sites where the South Florida Water Management District proposes a pilot program to test tapping into ocean water.

"We are sucking Florida dry right now," said Arlyn Higley, director of operations for the Florida Keys Aqueduct Authority. "Desalination is the way of the future."

Desalination is not a new practice; the Keys have relied on it for more than a century.

The first desalination plant in the United States was built in the 1840s in Key West to serve troops at Fort Zachary Taylor.

Today, a desalination plant on nearby Stock Island , which produces the bottled water, and another on Marathon, serve as a backup water supply for the southern Keys in case hurricanes or other emergencies damage the fresh-water pipeline from Florida City . Those plants can produce about 3 million gallons of water a day, compared with the 17 million gallons a day the Keys can pump from fresh-water wells.

The earliest desalination involved heating saltwater, collecting the steam, and then condensing the steam for drinking water.

Today's plants pump water at high pressure through membranes with hair-thin fibers that filter out the salt, producing fresh water that can be used for drinking water.

Fishing boats and barges plow through the water in Safe Harbor Channel beside Stock Island , the same water the Florida Keys Aqueduct Authority taps to supply its desalination plant.

The plant, on a finger of land jutting into the Atlantic Ocean , was rebuilt in 1998 at a cost of $8.3 million. It houses 440 membrane-packed cylinders that filter seawater, pumped through at 1,000 pounds per second by high-powered diesel engines.

Thirty percent of the seawater emerges from the process as usable freshwater, while the salty leftovers get pumped into a 210-foot-deep disposal well.

It costs about $5 per 1,000 gallons to produce the desalinated water, compared with less than $1 per 1,000 gallons to tap into conventional sources, Higley said.

"The energy cost is much more expensive than just pumping it out of the ground," Higley said. "That's why we don't run this plant any more than we absolutely have to."

The New Water Supply Coalition -- made up of water management agencies, including those in South Florida and the Keys -- is lobbying Congress for legislation to help finance the construction of desalination plants, to follow the lead of countries such as Israel , Australia and Saudi Arabia , which already convert seawater to drinking water.

"We in the United States are behind the curve," coalition director Hal Furman said. "When you have high growth rates ... coupled with droughts, it is natural that you are going to have to look for alternative water supplies."

The South Florida district in 2001 teamed with Florida Power & Light Co. to explore building desalination plants beside electric power plants, with the hopes of limiting energy costs and using seawater already pumped in to cool the power plants.

A list of 23 possible sites stretching from Fort Pierce to Miami ultimately was trimmed to three: beside FPL's Lauderdale and Port Everglades power plants, as well as one in Fort Myers .

Eye-popping construction estimates -- $276 million for Port Everglades, $148 million for Lauderdale and $91 million for Fort Myers -- have kept the plants from being built.

In Fort Lauderdale , the proposals compete with less expensive alternatives such as tapping into the Floridan aquifer, a deeper, more plentiful supply than the more commonly used Biscayne aquifer, and using water from a Palm Beach County reservoir.

The city contends that the district should conduct a pilot program at the proposed sites to get a better handle on the costs and how that system would fit with the city's current water facilities, city spokesman Chaz Adams said.

"It could potentially have regional benefits," Adams said.

Tampa 's problems with desalination leaves communities leery, said Ken Herd, director of operations and facilities for Tampa Bay Water, which owns the plant.

Tampa opened a plant in 2003 that was supposed to produce 25 million gallons of water a day, but it has been plagued with operational problems.

Pre-treatment of the water drawn from Tampa Bay failed to filter out sediment, algae and other small particles that damaged the salt-filtering membranes.

Switching contractors and fixing deficiencies cost $48 million and pushed the total plant price to $158 million.

The plant now produces about 18 million gallons a day that gets mixed into the drinking water supply. Tampa Bay Water hopes to have the plant at full capacity by the end of the year, Herd said.

"It has huge political risks," Herd said about policymakers pursing expensive desalinization alternatives.

Along with the cost, desalination plants face environmental concerns. Getting rid of the briny leftovers could threaten fisheries and coral reefs.

Environmental activists are fighting a similar waste product disposal problem for a new Lake Worth water plant that would tap into the Floridan aquifer and dump wastewater a mile off the coast.

"Any waste we produce, we have to be careful where we put it," said Ed Tichenor, director of Palm Beach County Reef Rescue.

No desalination plants are on the drawing board for South Florida through 2025, said Mark Elsner, water district director for alternative water supplies.

That could change, he said, as South Florida 's population pressures start to outweigh desalinization cost concerns.

In the 1960s, Higley said periodic water "outages" helped persuade the Keys to invest in desalination.

"People don't like to pay a lot of money for something they think is readily available," Higley said. "(People) are going to have to pay a lot more for water."

A Bear Of A Deal In Pasco County

The Tampa Tribune

Published: August 7, 2007

Six months after its first purchase, Pasco County 's burgeoning environmental lands program is on the verge of securing its most significant tract yet - 210 coastal acres of Florida black bear habitat targeted for yet another subdivision.

Land managers have negotiated a deal to buy what is known as the Aripeka Heights tract for $4.35 million.

County commissioners should approve the proposal enthusiastically. Not only would important wilderness in the growing county be off-limits to development - 235 homes had been planned there - the southernmost habitat of a small group of black bears would be protected.

The black bear is a symbol of vanishing Old Florida, once numbering more than 12,000 but now reduced to an estimated 3,000 or so in five small sections of the state. One of these areas stretches along the coast west of U.S. 19 from Aripeka to the Chassahowitzka National Wildlife Refuge in Citrus County .

What is believed to be the smallest black bear population in North America - less than 20 - roam this growing coastal area. Putting more of its range in public ownership will help keep them - and the species - alive.

Pasco County residents and taxpayers certainly are getting their money's worth from the environmental lands program, which is funded by a portion of a 2004 voter-approved penny sales tax.

The program's first purchase in February of 111 acres of sensitive land along the upper Pithlachascotee River in north-central Pasco was a milestone. But conserving the Aripeka tract would be an even more impressive environmental achievement.

Let people rule over public land

By A TIMES EDITORIAL
Published August 7, 2007

The scandal-wracked Pinellas County Commission has a chance today to win a few points from a distrustful public by voting down a proposed land preservation ordinance. Vote no on land preservation? Yes, but only so an ill-conceived and inadequate ordinance can be shelved in favor of better protections through a county charter amendment.

Dubbed the "Latvala ordinance" for its primary champion on the commission, Susan Latvala, the proposed ordinance was conceived by commissioners in the wake of public outrage over county plans to allow ballfields and other uses inside 8,300-acre Brooker Creek Preserve. But it falls far short of the protections needed to safeguard public green space in perpetuity in Florida 's most densely populated county.

True, the proposed ordinance requires a countywide referendum before the County Commission can sell, transfer, or lease for more than 10 years any regional park or environmental property. But there are major exceptions that would give the county authority to lease those lands for less than 10 years, hand over chunks of parkland or environmental land for road or utility projects, exchange land for "reasonably equivalent" parcels, or give land to other government entities - all without asking voters.

Environmental and civic groups throughout Pinellas have urged the commission to ditch the ordinance following a public hearing at 9:30 a.m. today in the Clearwater courthouse. Instead, they want commissioners and staff to help them write charter amendment language that would put future decisions about parkland and environmental land firmly in the hands of county voters.

Two charter amendments are needed. One should apply to parks such as Fort De Soto Park, Boca Ciega Park and Wall Springs Park , which have a wide variety of active uses and maintenance needs and require some flexibility. The other should apply to environmental lands and preserves such as Weedon Island and Brooker Creek, which are public treasures that should be shielded from new uses not approved in advance by the voters.

The message from the public has been loud and clear. Residents do not trust the county government to adequately protect parks and preserves. Today the County Commission should agree to work with the environmental community to develop two strong charter amendments to put before voters.

These lands belong to the people of Pinellas, commissioners. Put them in charge.

Celebrating the springs

By CHAD SMITH

Special to The Sun

The strums of guitars, mandolins and a stand-up bass traveled through the woods at Poe Springs Park on Saturday, fading off along the boardwalk to the spring itself, where people young and old splashed in the ice-cool water for some salvation from the humidity.

This swimming hole scene could have been straight from a decades-old story of Old Florida. But at the park Saturday came a cautionary tale of what New Florida could be.

The inaugural Celebration of Florida's Springs attracted about 500 people to the park, where county and non-profit environmental groups set up booths to spread essentially one message: The spring - and the rest of the state - is changing, in part because of environmentally harmful habits that must change.

One booth preached the havoc the bottled water industry could wreak on the Santa Fe River , while another, by the University of Florida Institute of Food and Agricultural Sciences, demonstrated how chemicals and pollutants travel from the ground and into drinking water.

Stacie Greco, a senior environmental specialist with the Alachua County Environmental Protection Department, helped put together the event. The point was getting the message out to residents and "not trying to force it on them," Greco said.

But, she said, it's important to get the word out that practices such as fertilizing lawns can play a role in contaminating the aquifer, thus changing the ecosystems at places such as Poe Springs. "When they go home, what they do in their back yard can affect the spring," she said.

Chris Bird, director of the county's Environmental Protection Department, said that lawn fertilizer is the No. 1 enemy to the state's springs.

"We can't afford to keep doing that if we want to protect the drinking water and the springs," Bird said. Septic tanks and the conversion of land from agricultural to residential are also detrimental to the springs.

As North Florida grows, Bird said the area must learn from the mistakes made in Central and South Florida . St. Augustine grass is the typical choice for a Florida yard, but just because it's nice and neat doesn't mean it isn't harmful, he said. It takes more water and more fertilizer than other types, making it worse than other grasses for springs, he said. "We got away with it when it was one house per five acres," Bird said. "But we can't do that now that we've started to pack 'em in."

Constance Bersok, springs coordinator for the state Department of Environmental Protection's Division of Water Resource Management, attended the event to find out what locals are doing and was excited by what she saw.

Bersok, who started in her post July 1, said though it "feels a little like preaching to the choir" at events like Saturday's, if just a handful of people learned something, the event was a success.

Grey Williams, a 10-year-old from Gainesville , attended the event with his parents, and he said he got the message, which may be even more important to folks like Bersok and Bird, that the responsibility to clean up Florida may ultimately fall on younger generations' shoulders.

Looking over the spring with his father, Tim Williams, Grey said in a surefire voice, "My generation (is) going to do something to stop it."
Local advisories down, but big questions remain
By Bruce Ritchie
DEMOCRAT STAFF WRITER

State and local health officials say they're not sure what's causing the bacteria at local beaches, but they're trying to find out.

There were fewer advisories against swimming at most area beaches in 2006, according to Florida Department of Health data. The 11 tested beaches in Franklin, Wakulla and Taylor counties were under advisories for 227 weeks in 2006, compared with 299 in 2005.

With so many beaches in the Big Bend under advisories, the Florida Department of Health has launched studies to try to determine whether the sources of bacteria are local or regional, said Bart Bibler, bureau chief of water programs.

"We are conducting research to try to answer those challenging questions," he said.

A representative of the Natural Resources Defense Council said action rather than studies is the preferred response to beach pollution. But local health officials say they haven't been able to find obvious pollution sources.

The bacteria are an indicator of human or animal waste. Potential sources include sewage, livestock and even the area's plentiful wildlife, health officials said.

Bibler, the state health official, acknowledged that a possible reason for the fewer advisories in 2006 could be the lack of hurricanes.

The Big Bend area in 2005 was hit by hurricanes Dennis , Frances and Jeanne. Dennis caused coastal flooding in Franklin and Wakulla counties.

More rain - whether from hurricanes or other storm systems - can contribute bacteria-laden stormwater runoff to coastal areas, Bibler said.

Also, a reporting glitch may have caused more advisories for Mashes Sands in 2005, according to a Democrat analysis of DOH data.

Mashes Sands was under an advisory for six months that year, even though no water testing had been done. That's because the county park surrounding the beach was closed after Dennis destroyed the bathrooms there.

The advisory was lifted in January 2006 even though testing had not resumed six months later. The number of advisories for Mashes Sands dropped from 43 in 2005 to 13 in 2006.

At least four studies are under way or have just been completed related to bacteria at beaches in the region. The researchers are under contract with the Florida Department of Health:

A University of South Florida Department of Biology study on July 20 found evidence that "strongly suggested" human waste is the source of bacteria at Mashes Sands Beach .

The Florida State University Department of Oceanography deployed floating radio devices in 2006 to track near-shore currents in Apalachicola Bay , St. George Sound and Apalachee Bay . DOH has not had time to review the recent study, Bibler said.

A University of South Florida College of Marine Sciences study is ongoing to determine how deep-ocean currents could affect the movement and fate of contaminants in the Big Bend area.

A Florida Atlantic University study tested beaches and other water bodies in Taylor County with different potential pollution sources, including septic tanks.

Nancy Stoner, director of the Clean Water Project at the Natural Resources Defense Council, said health officials generally should spend time and money stopping beach water pollution, whether it's finding leaky sewage systems or stormwater runoff pipes.

"I have a general bias in favor of taking action as opposed to just doing studies," she said.

Bibler said federal and state beach water-testing programs didn't carry additional funding to identify pollution sources, even though DOH has found money to pay for some studies. He said it's up to local health departments to do that work if they have the resources.

But some local health officials in the region say that with less development than other built-up beaches, it isn't as easy as going out and spotting a pipe that's spewing pollution onto a beach.

James Rachal, environmental manager with the Taylor County Health Department, said he's gone out looking for pollution sources in the past and couldn't find any. He said he hasn't done it recently because of the Florida Atlantic University study.

A study report was issued in February, but the state Department of Health said more follow-up testing is being done. The report was inconclusive as to sources of pollution, but it did say the installation of a sewer system at Keaton Beach and Cedar Island in recent years had not led to improved water quality compared with other areas that remain on septic tanks.

Rachal said he suspects wildlife, including flocks of shorebirds, is contributing bacteria to the waters. He said fecal coliform counts have been low, indicating that leaky septic tanks or sewers are not involved.

"Believe me, the neighbors will let you know about stuff like that. They eat that fish and stuff, too," said James Rachal, environmental manager of the Taylor County Health Department.

A searchable database with information about water quality at beaches near you or at U.S. beaches where you vacation.

Developers seek funding mechanism
BY CHRISTOPHER CURRY
STAR-BANNER

OCALA - A partnership of West Palm Beach and Ocala developers want to form their own utopia here in Marion County .

During a public hearing at 10 a.m. today, the County Commission will consider an application from Ecclestone Signature Homes of Marion LLC to create a special government district for funding recreational facilities, roads, water and sewer lines and other infrastructure in Utopia of Marion, a planned retirement community with homes starting in the $300,000 range.

The County Commission approved the zoning change for the development last December with a maximum build-out of 950 homes on about 340 acres. The Utopia property is north of Southeast County Road 42, a short distance north of the Marion County portion of The Villages retirement community.

The community development district form of government that Ecclestone is applying to create is the same type The Villages developer used to fund recreational amenities and infrastructure. Under state law, the community development district has the authority to borrow money through bond issues and future homeowners repay through assessments.

If the County Commission approves the district, the developer would appoint the district's first board of directors with Ecclestone Signature Homes chairman Llwyd Ecclestone III and president Jim Rapaport as members along with Thad Boyd and Larry Young of Boyd Development.

Ecclestone is a West Palm Beach builder. According to the company's Web site, it is also building homes in Bellechase on County Road 475 and Golden Ocala Golf and Equestrian Club. Ecclestone, Rapaport, Boyd and Young could not be reached for comment Monday.

Christopher Curry may be reached at chris.curry@starbanner.com or (352) 867-4115

Bok Officials Seek to Preserve Sanctuary's Unique View

By Tom Palmer
The Ledger

"The carillonneurs love to come here because it's the only place in the world where they can play the carillon as it was originally intended - in a pastoral setting - and people can hear the concert," said Bob Sullivan, the sanctuary's former director.

At other times of the year, the visual impact of the sanctuary's location is the most significant feature here.

Price, Sullivan's successor, said the view from the grounds is "quite spectacular." However, he said that view often goes unappreciated unless someone sees it captured in a photograph.

"When you can put a name on something, people understand it," he said.

He said the open spaces visible from the sanctuary have value that should be recognized.

Sullivan and Price said they aren't sure how the sanctuary's serenity and the panoramic view from the top of Iron Mountain will remain without continued efforts to protect it through land purchases and restoration efforts.

"If we have to compete with leaf blowers, lawn mowers and other amplified sound, the sanctuary will have a much more urban character," Sullivan said.

For Price, the changing panorama is equally troubling.

"If it builds out, there will be rooftops and light pollution and noise," he said, adding encroaching urbanization would bring other problems, such as trespassers and domestic pets that often harass and kill the sanctuary's wildlife.

The last concern is significant because the long-term plan is to restore native habitat in some of the former citrus groves, Price said.

This land could shelter declining species, such as gopher tortoises and a small species of falcon called the Southeastern kestrel, and common species, such as red-tailed hawks.

Although the main concern has been on nearby development, the sanctuary's elevation means the visual effects can be as expansive as the panoramic view from the hilltop.

Price said even the lights from the proposed CSX freight terminal planned for a rural area a few miles to the west on the south side of Winter Haven would be visible from the tower's grounds, though he acknowledged vegetation on the edge of the sanctuary grounds will provide some buffering.

Green Horizon's Parrott said the focus of their efforts was on the tower's south side, where they were able to reach some agreements with landowners, and to the northeast, where they were not successful.

Parrott said if this effort had been pursued years ago, it might have been more successful, explaining that the main obstacles to reaching more deals with landowners - Green Horizon only works with willing sellers - is the combination of escalating real estate and citrus prices.

Some grove owners are hesitant to sell because citrus profits are good; others are holding out for better offers if real estate prices continue to climb, he said.

"What we hope is that we have protected all that can be protected for now and to set up things for more negotiations down the road," Parrott said.

Nevertheless, he said, the combination of limited money and landowners unwilling to sell either their land or conservation easements over their land meant the effort started four years ago fell short of the 1,000-acre goal.

ZONING ISSUES

How land develops around Historic Bok Sanctuary involves a mix of decisions by Lake Wales and Polk County commissioners.

This issue has been discussed for years.

In 2003, a roomful of Lake Wales area residents packed a meeting room to question suggestions to revise the county's growth plan in a 7,787-acre area around the sanctuary, including the 1,000-acre core area Green Horizons was working to protect.

That proposal, which was scheduled to go to the Polk County Planning Commission later that year, stalled and never resurfaced.

"That was something that was pushed by private landowners," Price said. "We were involved, but we really didn't get what we envisioned in the way of protection."

Meanwhile, Lake Wales officials have annexed 1,500 acres - some of it north of the city surrounding the sanctuary - since 2003.

That has created a patchwork of city and county zoning districts, and no unified plan or specific provisions contained in Polk County 's or Lake Wales ' development regulations.

Parrott said Lake Wales has tried to control some of the growth by limiting where the city will extend water and sewer lines, though some developers outside the city have applied for and received permits from the County Commission to build their own water and sewer plants.

Parrott said current policy is no guarantee of future policy, though.

"It (the policy) could be changed by the next City Commission," he said.

Lake Wales ' Swanson said extensive buffers are important in confronting Bok officials' concern about noise pollution.

"Distance is the best thing for noise attenuation," she said. "Vegetation doesn't reduce noise."

Price said the buffer Bok officials are seeking has value to the city.

"This could provide open space for a growing community," he said.

"Open-space vistas can be an asset," Price said. "They're not making any more of it."

[ Tom Palmer can be reached at tom.palmer@theledger.com or 863-802-7535. ]

Residents appeal approval of Plaza Collina

Group also opposes county planners' decision to let developers change proposal

Robert Sargent

Sentinel Staff Writer

August 7, 2007

CLERMONT

Angry residents are fighting Lake County 's approval of the controversial Plaza Collina shopping center.

Nine residents have filed an appeal arguing that master site plans for the massive commercial project on State Road 50 near the Orange County line have changed from the concept that Lake commissioners originally approved more than a year ago.

They also say that county planners, who approved those site plans July 2, did not adequately account for extra traffic and other impacts created by the changes.

The complaint will go before Lake 's Board of Adjustment on Sept. 13, when residents hope to get the county's latter approval overturned. In a separate effort, the state Department of Community Affairs has agreed to county commissioners' recent request to look at changes to Plaza Collina.

Commissioners approved Plaza Collina in January 2006 as an upscale development with stores, offices and residential units along nearly a mile of S.R. 50.

Officials in Clermont and Oakland have complained about potential impacts to the fast-growing area. Then many residents joined the dispute when partners Phoenicia Development and The Goodman Co. floated plans by the county to create a mostly commercial layout of 988,000 square feet of buildings anchored by a 207,000-square-foot Wal-Mart Supercenter .

Rich Dunkel, who is among the nine residents who filed the appeal, said he fears how the dense development will impact County Road 50 -- also known as Old Highway 50 -- and south Lake 's recreational trail, which cuts across the northern border of the 142-acre Plaza Collina site. Dunkel said he does not like the way Lake County approves developments at public meetings and then allows county planning staff to give the final green light without much public oversight.

"I don't think they're representing us well," Dunkel said about the county Department of Growth Management. "Board approval is given on a DRI [Development of Regional Impact], and then the details are worked out behind closed doors with the planning staff."

The appeal before the Board of Adjustment argues that Plaza Collina improperly changed from what was originally approved as a mixed-use development of retail, homes and offices to mostly retail.

"Plaza Collina is no longer a mixed-use development; rather, it is one large shopping center or retail development," according to the appeal.

The appeal also argues that the addition of a Wal-Mart will have round-the-clock impacts on traffic and surrounding developments -- something county commissioners did not consider when they approved the project last year. Residents say commissioners should get another chance to review the project.

"Lake County must require that Plaza Collina return to the County for a Notice of Proposed Change in order to evaluate these changes," according to the appeal.

The residents say a Wal-Mart would exceed some traffic impacts that Lake County allowed for Plaza Collina. They also say three traffic signals proposed along S.R. 50 are too close together and the Wal-Mart does not have enough space for trucks.

Growth Management Director Carol Stricklin said even though developers of Plaza Collina have talked about plans to include a Wal-Mart Supercenter , they have not submitted formal plans for the large store. Sections of the large development must still come back for further review.

The developers had negotiated for a 16-screen movie theater, but those plans fell through. Plaza Collina could have about 17 outparcels along S.R. 50.

Past plans submitted to the county showed a nearly 12,000-square-foot ABC Fine Wine and Spirits store and a 37,000-square-foot Rooms to Go outlet, although those business names have since been removed. Developers have yet to officially confirm any tenants.

Following planning-staff approval, county commissioners voted July 10 to ask the state Department of Community Affairs to look at Plaza Collina and to decide whether plans are substantially different from what the county had approved last year. The county also has suspended preliminary land grading around the northern portion of the project where the trail cuts through.

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

Townhomes on agenda for meeting Wednesday
By MICHAEL D. BATES mbates@hernandotoday.com
Published: Aug 6, 2007

BROOKSVILLE — County commissioners Wednesday will consider rezoning nearly five acres off Darby Road to make way for a two-story, 48-unit townhome complex.

Tentatively to be called, “The Darby,” the townhomes will sell for around $159,000 and be targeted toward serious owners, not renters, according to Bruce Carpenter, project manager for St. Joseph Development LLC.

The project has already received a recommendation from the county’s Planning and Zoning board, which approved it with stipulations at their July meeting.

County commissioners, the final authority on zoning requests, can support or reject the P&Z recommendation.

The site is bordered on three sides by the city of Brooksville and the developer said there are plans to annex the townhomes into the city when the county completes its zoning process.

In their report, planning department staffers said the townhome project complies with all comprehensive plan regulations and that the property should be rezoned from agricultural to a planned development project allowing multi-family development.

But the biggest obstacle to approval Wednesday will likely be the added traffic on Darby Lane .

To that end, the P&Z board built into their approval the stipulation that the developer make any roadway improvements as recommended by the city engineer.

Carpenter said The Darby would feature one-car garages and the exteriors of each building would have different setbacks to make it esthetically pleasing. A security gate is also planned.

If commissioners approve the rezoning, the developer will have to get the necessary permits from the city, which would have to amend its comprehensive plan and annex the property, on the south side of Darby Street near Candlelight Apartments.

The project has been delayed due to logistical concerns between the county and the city.

The meeting begins at 9 a.m. Wednesday, Aug. 8, in the Hernando County Government Center , 20 North Main St. in downtown Brooksville.

Also at Wednesday’s Land Use Hearing:

• Commissioners will consider renewing a contract with Longwood-based Aquatic Biologists, which provides weed control in local lakes. The contract is for $45,750.

• The utilities department is asking the board to spend $32,828 on a trailer-mounted vacuum and flushing unit to be used to clean out valves and meter boxes in the district. Tone and Associates Inc. of Valrico submitted the lowest bid.

• Sprint-Nextel will seek permission to increase by 6 feet the height of its communications tower off Treiman Boulevard . If approved, the tower would be 256 feet high.

Reporter Michael D. Bates can be contacted at 352-544-5290

Tough Fight Awaits Asphalt Vote

By Jim Konkoly of The Tampa Tribune

Published: August 7, 2007

SEBRING — Highlands County commissioners are expected to vote today on whether to borrow close to $3.3 million to build a county-run asphalt plant at the county landfill.

The decision could have statewide implications, as it would be the first government owned and operated asphalt plant in Florida .

That's one reason the commissioners will hear opposition to the project not only from two local asphalt contractors, but also from Jim Warren, executive director of the Asphalt Contractors Association of Florida.

Ken Wheeler, county solid waste director, said counties in other states have successfully produced their own asphalt at a price well below the going rate from contractors, and Highlands County can do the same.

While Wheeler said the project is based on sound engineering and conservative cost estimates, Warren portrays it as a big and unjustified risk.

"For every one (out-of-state) county he can point to (with a successful asphalt plant), we can point to one that hasn't worked out," Warren said. "There are counties that tried it and then sold their plant because it didn't work out."

Wheeler said conservative estimates are that the county could produce and install asphalt at $67.55 per ton, a savings of $23.25 per ton compared to the county's current contract price of $91 per ton from Better Roads, which is headquartered in Naples and has a plant in Lake Placid .

By supplying asphalt not only for the county but also for Sebring, Avon Park and Lake Placid , the county operated plant could save taxpayers nearly $750,000 per year, Wheeler said. Once the debt service on the plant is paid off, he said, the savings would be well over $1 million per year.

County, city and town officials could put the savings back into other projects, or resurface many more miles of roadways per year at the lower per-ton cost, he said.

Warren has called the county's plan "flawed."

"Errors in production costs, placement costs, mix costs and other assumptions have artificially lowered costs in the county's proposal," Warren said in an eight-page analysis of the county's project sent to commissioners last week.

Wheeler said the county's proposal "is based on facts, and based upon FDOT (Florida Department of Transportation) specifications that everybody in the industry has to follow."

The county's solid waste director called the asphalt association's criticism unfounded, and pointed to the use of sand as an example.

Wheeler said the asphalt association criticized his earlier proposal to produce a common grade of asphalt with a sand content of 59 percent, claiming it would be an inferior product.

From independent tests, Wheeler said, the county found that the Lancer Road paving project of 1999 has asphalt with 74.4 percent sand, and the asphalt put down this year on the road into the Georgia Pacific Mill in Lake Placid has a sand content of 67.8 percent sand.

" Lancer Road is an eight-year-old project and we haven't had any problem with it," Wheeler said. "They tried to show we made errors (in designing asphalt mix) when in fact, the facts show that is not the case."

Engineers from PBS&J, the state's largest consulting firm, which designed the county project, and representatives from Gencore Industries, which would supply the asphalt plant, will be on hand to answer commissioners questions, Wheeler said.

While Warren and Wheeler disagree on the technical aspects of the county's project, they agree on one point: that the commissioners decision also involves their views on the role of government.

"I think it comes down to, do you want big government, or do you want small government?" Warren said. "Government has certain things it should do, and certain things that should be left to the people who live and work in the community."

He added, "I represent contractors, so obviously I have a vested interest. But I also look at it as a taxpayer, and this is something that county government should not be involved in."

Wheeler said he believes facts will support building the plant as a solid way of saving tax dollars.

"It really comes down to a philosophical decision that a board of commissioners needs to make, as to whether they want to get into the manufacturing of asphalt concrete and supplying our needs versus continuing to buy from the private sector," he said. "We are providing an option that we believe is extremely cost effective."

Mayor sees "win-win' with respect to purchase

Roxanne Brown
Staff Writer

MINNEOLA - The city council will decide whether to spend $2.4 million to buy land or nearly $400,000 to move utility pipelines mistakenly buried there.

Councilman Ed Earl said about 2,400 feet of sewer, water and irrigation lines were installed on the 60-acre Lowndes property, north of where the city is building an $11 million sewer plant and south of where the city's two newest elementary schools are scheduled for opening this month.

Lowndes attorneys are asking the city to remove and relocate the pipelines at a cost of nearly $400,000. Relocating the pipelines would mean disrupting the sewer service at the schools.

"I think it's a blessing that we may get to buy these 60 acres," said Mayor Dave Yeager. "My biggest deal is let's make it a positive instead of a negative."
The council may sign an agreement with Lowndes attorneys that would give the council 90 days to decide on the purchase.

Yeager said the agreement would hold the land and temporarily secure the pipelines, but would not obligate the city. He said the city would then look for money to buy the land.

Vice Mayor Joe Teri said he would like to see the land used for wildlife conservation.

"Basically, I talked to them about how this would fit in with what they're charged with doing and hopefully they will want to partner with the city should this all work out," Teri said.

Yeager said buying the land would help the city manage its growth better. The city's sewer plant is near the land.

City officials also said owning the land would put the city in a better negotiating position with developers and the state.

"Let's say the state wants two acres for mediation for wildlife. The developer could them come to us and purchase that amount of land from the 60 acres for conservation use," Yeager said.

"It's a win, win, win all the way around, an excellent purchase and there are a lot of things we could do with it," Yeager said.

Lady Lake ponders halt on homes

The city, wary of what's happened in south Lake , wants to ensure enough classrooms for growth.

Adrian G. Uribarri

Sentinel Staff Writer

August 4, 2007

LADY LAKE

Worried that too many children will overburden nearby schools, town commissioners are considering a moratorium on new homes.

The building freeze would come as developers face a slump in the housing market and local governments try to keep classrooms apace with growth, a concept known as concurrency.

"We're trying to close the barn door before the cows get out," Mayor Max Pullen said Friday. "We want to accommodate residential development, but we want to do it in a manner that no one's going to suffer."

The plan-ahead approach to development reflects lessons learned in south Lake County , where a blast of residential construction and annexation that started in the mid-1990s outpaced student capacity at schools around State Road 50.

The Lake County School Board, Pullen said, has focused its resources on south Lake at the expense of needs in Lady Lake .

"I don't think it's a matter of incompetence," he said of the School Board. "The biggest thing I fault them on right now is rewarding uncontrolled growth."

Larry Metz, who chairs the School Board, praised Lady Lake 's efforts to tie development with education. He argued that the board is trying to help areas that already have overcrowded schools -- not play favorites.

"It's not like we're saying, 'Let's drag our feet because we don't think Lady Lake is important.' " he said. "It's data-driven."

Metz added that cities were less guarded about growth until 2005, when the state Senate passed a bill mandating school concurrency by July 2008.

"Everyone was in reactive mode," he said. "We're paying a price for it."

A five-year plan includes the construction of a K-8 school in Lady Lake . The town paid about $16,000 to study whether the project was feasible, and it has collected about $1.4 million in development fees to help fund construction, scheduled for 2010.

The moratorium likely would last six months starting in September, the earliest the commission could approve it. Proposals submitted before then would be eligible for consideration.

Attorney Steve Richey, who represents development companies, said the freeze may have little effect during a relatively sluggish application period. It could even be counterproductive, he said.

During Thursday's town meeting, he told commissioners that approving the moratorium would lessen the School Board's urgency.

"You take the pressure off them to have to do anything in Lady Lake ," he said. "They'll continue to spend the money in south Lake County ."

Richey suggested that the commission could instead require developers to pay more toward new schools and improvements.

"The burden is put back on me to go to the School Board and work things out," he said.

Pullen said commissioners would press for higher fees, now set from $1,800 to $3,000 per unit, for development impacts on schools.

Metz said he would not expect the School Board to ignore the needs of Lady Lake because of a moratorium.

Adrian G. Uribarri can be reached at auribarri@orlandosent