Sunshine requests rain on the city
Open meetings law probe results in subpoenas, calls for documents, interviews
By BETH KORMANIK, The Times-Union
Subpoenas and records requests sent to Jacksonville City Hall over the past month are shedding light on the direction of a grand jury investigation of possible open meetings law violations by the City Council. 
The State Attorney's Office has requested documents about four land deals the council approved and records of how district council members have spent discretionary bond money. 

The Times-Union obtained the subpoenas through an open records request. State Attorney Harry Shorstein declined to comment on them. 

The subpoenas also request routine documents such as phone records and calendars of council members and their aides from Jan. 1, 2005, through June 17 of this year, as well as meeting notices and minutes. 

Additionally, the council secretary, 11 aides and one former aide have been called in for interviews with an assistant state attorney, and new requests for interviews have come as late as Wednesday. 

There is no record of any current or former council member having been interviewed. 

The city also turned over all materials used during the council's training sessions on the Sunshine Law, as well as attendance records. 

The grand jury decided to investigate the council's compliance with the state's Sunshine Law after a Times-Union investigation in June uncovered a deeply flawed system of public notification, dozens of meetings about public business held without public notice or written minutes and several meetings in private places, a violation of the city's ethics code. 

The subpoenas regarding land deals could indicate the grand jury's focus. Land use and rezoning decisions often draw controversy and have been the subject of several lawsuits, some of which allege Sunshine Law violations. 

The city Planning Department was asked to turn over files on four completed land deals: the Black Hammock Island residential development; a condominium complex planned along the Intracoastal Waterway on land now owned by Moody Land Co.; the sale of Cecil Commerce Center property to Bridgestone Firestone North American Tire; and a rezoning of Ramona Boulevard between Cahoon Road and Estate Cove on the Westside. 

The Black Hammock and Moody projects both passed after considerable public debate, but the Moody condo complex is on hold after the Florida Department of Community Affairs rejected the proposal. 

Investigators also have asked for records that show where council members wanted to spend bond money. Typically, the money goes toward parks and public works, but council members may ask for waivers to spend the money in other ways. Some projects - most notoriously former Councilwoman Pat Lockett-Felder's statue to herself - have been criticized. Another project, in which Lockett-Felder wanted to spend $600,000 on a private gym at a church, would have been brought before a grand jury if the council had not repealed the gift. 

Meanwhile, investigators have continued interviews of council staff. The subpoenas demanding an interview went to council secretary Cheryl Brown and the following council aides: Sarah Balme, Debbie Delgado, Meghan Friel, Bridgette Green, Rhonda Goodwin, Celeste Hicks, Mina Hosseini, Jenny Huxford, Alison Miller, Suzanne Warren and Rupal Wells. Jessica Deal, former aide to now-President Daniel Davis, also has met with the State Attorney's Office. 

Council auditor Kirk Sherman and Deputy Planning Director John Crofts appeared before the grand jury last month. 

Times-Union writer Mary Kelli Palka contributed to this report. 

beth.kormanik@jacksonville.com (904) 359-4619
 
Sen. Nelson joins county meeting
Democrat discusses water, property insurance, FEMA
BY CHRISTOPHER CURRY
STAR-BANNER


OCALA - Property owners, land-use attorneys and concerned neighbors headed to the McPherson Government Complex to speak their minds on the latest round of development applications going to a County Commission vote.

But first they got U.S. Sen. Bill Nelson. Touring Florida during Congress' summer recess, Nelson dropped by the Marion County Commission's hearing on land-use change requests Wednesday.

Before he headed on to his next north Florida stop, Nelson talked about the need for property insurance reform and the improvement in the Federal Emergency Management Agency he sees after Hurricane Katrina.

After the state's Democratic senator spoke for 20 minutes, commissioners expressed their concerns about the county's drinking water supply and plans to pump the Ocklawaha River to supply parts of Orange and Lake counties.

Nelson said he understood water shortages and alternative supplies like surface water and desalinization plants were realities in South Florida and the Tampa Bay area. But he said he didn't expect those concerns in Marion, a county on top of the Upper Floridan Aquifer, the main source of drinking water for the state.

"You have certainly put something on my radar that I did not know," Nelson said. "I didn't know there was a question of quantity of water here in Marion County."

He left with a copy of the county's 50-year water study, which projects a shortage, and a request to see if the federal government can do anything to encourage desalinization plants in the state for future water supplies, an option county officials prefer to pumping the Ocklawaha.

"This may be a bigger question than just the state can handle," Commissioner Andy Kesselring said. "The state is reluctant or unable to do desalinization."

Nelson pointed to Saudi Arabia and said the technology was there for desalinization but the costs are massive.

On other issues, he urged the County Commission to lobby Gov. Charlie Crist and the Florida Legislature to schedule a special session in September on property insurance reform. He said he tells that to all local elected officials as he crosses Florida, because state government needs a "sharp whip and a tight rein" on the insurance industry.

Nelson said on their end, he and Republican counterpart U.S. Sen. Mel Martinez continue to work in Washington to try to establish a federal catastrophe fund. It would be a pool of money to back up similar state funds and insurance companies when natural disasters like Hurricane Katrina leave billions of dollars in damages in their wake.

While it has been a quiet hurricane season in Florida so far, Nelson said FEMA was much better prepared if a big storm hits this summer than the "political patronage dumping ground" agency that responded after Katrina.

Before Nelson left, commissioners praised him for his accessibility.

"Far too often we feel Washington is a different world, but you keep us connected," Commissioner Charlie Stone said.

Nelson returned the compliment.
"You know the big difference between your job and my job?" he asked. "I can always leave town."

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

Don't know if I will get a chance to update this page again today or tomorrow. I am moving my baby into her dorm at New College. Starting the day out with Martin County chipping away at their growth controls.

Martin growth change gets OK

Palm Beach Post Staff Writer

Wednesday, August 22, 2007

STUART — A major change to Martin County's strict growth rules that would allow denser pockets of homes in rural areas in exchange for land to be preserved won its first major victory Tuesday after hours of bitter arguments from residents who said they didn't want any change.

"I don't want any new tools from your toolbox," said Jensen Beach activist Jackie Trancynger, who spoke against the comprehensive plan amendment that commissioners tentatively approved 3-2. "At the bottom of that toolbox looms urban sprawl, increased congestion and increased crime."

The commission will officially vote on the proposal, which was proposed by Commissioner Susan Valliere, on Sept. 18.

Valliere's amendment would allow the commission to consider allowing developers to build homes on 2-acre lots, while current rules allow only one home per 20-acre lot in agricultural areas.

Developers must donate at least half of their property to government agencies for conservation to be considered for clustering. Developers would have to get a separate comprehensive plan amendment to use the rule on their land, and being willing to donate land would not guarantee approval.

Supporters of the amendment, including landowners and chamber of commerce officials, said more population was coming and Valliere's amendment was the only way to get environmentally sensitive land the county cannot afford to buy.

"The 'if we don't build it they won't come policy' is absurd," Jensen Beach resident Danny Strauss said. "Twenty-acre ranch development is sprawl. It consumes the most land for the fewest people."

Karen Smith, director of the South Florida Water Management District's Martin-St. Lucie County service center, said it would cost about $2.2 billion to buy the land needed for water-quality restoration in Martin and St. Lucie counties.

Opponents said the amendment would strip away the county's strict growth rules and allow western Martin County to be developed.

"Leave it alone out there," resident Robert Cartwright said. "You don't need to be building any more."

Not all environmentalists opposed the plan. Patrick Hayes of the Martin Soil and Conservation District said he thought there were enough protections in the amendment and he didn't understand opponents calling it a conspiracy.

"I lose respect for people who try to tell me that what's written in black and white is not what's really in black and white," Hayes said.

Commissioner Sarah Heard voted against the proposal, saying it would allow increases in the number of homes in western Martin County and destroy the agricultural character of the area.

"A 2-acre lot is not an agricultural lot; it is an urban lot," Heard said. "This is a disgraceful move."

Valliere responded that requiring 20-acre lots would lead to what she called "large-lot sprawl," such as three polo-related developments currently proposed in agricultural areas to cater to polo players from Wellington.

"They are coming, folks," Valliere said. "My vision for western Martin County is not 'Wellington North.'"

Commissioner Lee Weberman said he voted against the proposal because it didn't really change anything about the county's rules.

Tempers flared often during the six-hour hearing. One opponent, activist Andy Treacey, shouted "Aw, shut up!" Then he left the room as officials tried to maintain order.

Angry opponents vowed to take revenge in next year's election against Commissioners Michael DiTerlizzi and Doug Smith for supporting the proposal.

"This is not good for us," said real estate agent Giovanna Gallotini.

"With the election coming up, it may not be good for you, either."

Water district demanding transparency

By TIM O'MEILIA

Palm Beach Post Staff Writer

Wednesday, August 22, 2007

WEST PALM BEACH — The South Florida Water Management District has banned "success" fees for anyone making a deal with the district and will require landowners and contractors to disclose everyone who profits from a sale or contract.

The new language will appear in all new contracts and sales agreements to prevent the sort of scandal that landed Palm Beach County Commissioner Warren Newell in prison for collecting fees on land deals that he voted on. 

Newell's partner, engineer Dan Shalloway, collected as much as $2.4 million as a success fee for the sale of rock pits to the water district to store water. Water district officials have said they were not aware that Shalloway was lobbying for the seller, Palm Beach Aggregates. 

The rock pit sale "highlights the need for these changes especially in regard to subcontractors" water district board Chairman Eric Buermann said. "We expect things to be done on the up and up and with proper disclosure." 

The district notified its contractors last week of the new language explicitly prohibiting bonus fees for obtaining a contract or making a deal. Success fees are banned by state law, but that doesn't apply to water districts.

The new requirements don't apply to contracts already in place. 

"It behooves everyone to sit down and examine how this could have happened and to prevent it from happening again," Buermann said.

Shalloway's engineering firm, SFRN, is a subcontractor on at least three projects with the district, but Buermann said there is little the district can do about that.

"It puts us in an awkward position. We would be interfering in the relationship between a contractor and his sub," he said. 

As for future deals with Palm Beach Aggregates, Buermann said: "I don't know that the district needs to do any other deals. We have to look at each situation individually and not enter any deals without knowing who is involved and who is profiting."

County Should Work To Spare Parks From Four-Lane Road

Published: August 22, 2007

On its face, planning a four-lane road through a 2,000-acre recreational corridor seems ludicrous. Or as Hillsborough Commission Chairman Jim Norman told county staffers at a land-use meeting earlier this month: 'This looks to me like the right hand doesn't know what the left hand's doing.'

The plan may not be quite the outrage Norman thinks, but commissioners should try to avoid a project that would forever mar the Northwest Recreational Corridor, one of the county's premier recreational and environmental resources.

The matter came up during the land-use meeting when the attorney for a nearby planned development objected to setting aside the right-of-way needed to make South Mobley Road four lanes. The development group includes Chris Sullivan and Bob Basham of Outback restaurant fame.

Norman says he's not concerned about the developers' objections, but he was flummoxed to learn the county plans to put four lanes through a recreational corridor devoted to hiking, biking and such.

After all, the county has spent $8 million to acquire and develop the network of parks that stretches four miles from Linebaugh Avenue to Race Track Road. The tract includes the ballfields at Ed Radice Park and large swaths of wooded land, including a horseback-riding refuge for the disabled.

Commissioners asked the staff to revisit the matter, and it's scheduled to come before the board again today.

The county's Planning and Growth Management Department defends the decision to widen the road.

It characterizes as 'substandard' the winding, two-lane Mobley, which connects Race Track Road with Gunn Highway, both of which are being upgraded to four lanes. County planners say the road widening has been in the county's long-range transportation plan since 1985, though no one apparently told commissioners as they established the recreational corridor.

South Mobley is designed to carry no more than 8,800 vehicles a day, but its current volume is 9,400. Studies project at least 15,600 vehicles per day by 2025. One study forecasts as many as 30,600 vehicles a day. But Norman says the county acquiring the recreational land in the 1990s 'changed the whole complexion of the area. ... You're not going to have mass buildings out there.' He says the community plans for Keystone and other neighborhoods, too, will limit the density, lessening the need for Mobley to go four lanes.

The planned widening of Citrus Park Drive, which will run through the recreational area farther south, would meet the need for increased east-west traffic capacity, Norman says. It also will offer sidewalks, bike lanes and an underpass that would provide the needed access improvements to the parks.

Commissioners and staff should determine the true traffic needs. If a widened Citrus Park would be overwhelmed and make Mobley a bottleneck, the road's widening may be unavoidable. But it should be a last resort.

Hillsborough doesn't lack for four-lane roads, but recreational corridors are a rarity.

As Norman says, 'We have something unique here. You don't want to make a mistake you can't undo.'

Group Develops Preserving Proposals


BARTOW | By sometime this fall the County Commission will get recommendations from a group that has been working for 18 months to come up with a plan to find an equitable way to preserve rural and environmentally sensitive land in Polk County.

That group, the Polk Land Stewardship Alliance, sponsored a public meeting Tuesday night at the Bob Crawford Center in Bartow to update the public on its efforts and to get comments.

"We want to know what you feel is more important or less important and where the emphasis will be,'' said Tom Deardorff, Polk's director of long-range planning and one of the people involved in the effort.

In addition to government planners, the effort involves representatives from the development community, agriculture interests and local environmentalists.

At issue in this effort is the fact that Polk County, which still has a large amount of rural land, is in the path of development pressures sweeping Central Florida.

Growth projections show that unless local officials act soon, most of the region's remaining green spaces will become a solid ribbon of development, forever destroying Polk's long agricultural heritage as well as forests, prairies and other natural areas and the wildlife that inhabit them.

Tuesday's meeting reviewed the preliminary findings of a consultant study.

The alliance last year recommended hiring a consultant to determine the feasibility of measures that alliance members have proposed to fulfill their goals.

In February, the County Commission voted to approve a $117,506 contract with URS and Renaissance Planning Group of Tampa. The consultant's report is due by Sept. 30.

Deardorff said after the report is completed, alliance members will use it as a basis for making recommendations to the County Commission.

Consultant Erin Degutis explained that the core of their research produced a matrix that lists a menu of options, along with the amount of difficulty that would be involved in implementing them.

Those options include expanding the county's Environmental Lands Program to allow it to be used to purchase conservation easements on rural lands; coming up with property tax abatements to give rural landowners an incentive not to develop their property; and implementing a transfer of development rights program, which could create private markets for buying and selling of development credits that would be transferred from rural to urban areas.

Deardorff said it is likely that if the program gets the go-ahead from the County Commission, they would first tackle the easier options, such as purchase of conservation easements, and take more time with the most difficult options, such as transfers of development rights.

He said at this point the alliance doesn't have any preferences, explaining that members have not completed a business plan, which will tell them what the effort will cost, what the results will be and how quickly it can be implemented.

Degutis did make it clear that the intent is to deal only with willing participants and to avoid manipulating land uses to create an artificial market for the program.

She also said the program would require intergovernmental coordination because any transfer of development rights program that is created could involve transfers inside cities as well as to urban areas in unincorporated areas.

[ Tom Palmer can be reached at 863-802-7535 or tom.palmer@theledger.com. Read more views on the environment at http://environment.theledger.com and more views on county government at http://county.theledger.com. ]

Desal plant: trick or treat?

Officials say it will be ready for testing by Halloween, but they've been wrong before.

By CRAIG PITTMAN, Times Staff Writer
Published August 21, 2007

CLEARWATER - Tampa Bay Water's long-delayed desalination plant should be ready for its final test by Halloween, an official from the contractor fixing the plant told the utility's board Monday.

That's a year after American Water Pridesa was supposed to finish fixing the $140-million plant, and more than four years after the Apollo Beach plant was supposed to be producing 25-million gallons of water a day.

Tampa Bay Water now needs the desal plant more than ever. Starting in January, it will be required to begin drastically scaling back the amount of water it pumps out of the underground aquifer. The desal plant is supposed to provide replacement water -- if it's working right.

"It's a very precarious time," said Pinellas County Commissioner Susan Latvala, who chairs the regional utility's board.

Permitting and construction of the Apollo Beach plant, the largest in the United States , was launched in 1999, with the plant set to begin operating by 2003.

The plant was designed to take 40-million gallons of seawater a day from Tampa Bay , filter out the salt and turn it into 25-million gallons of drinking water.

But it has been plagued by problems, including the discovery that many of the plant's water pumps had rusted.

Company desalination manager Kent Turner acknowledged Monday that the repair of the plant has taken far longer than anyone thought. "I know you've had a lot of people stand in front of you and give you a lot of dates," he told the utility board.

So when he told them that the plant would be ready for a crucial operational test known as the "acceptance test" by the end of October, he said it depends on everything going as planned.

The desal plant produced its first 3-million gallons in March 2003, but two months later it flunked its acceptance test.

The problem has been in the pretreatment process, which removes impurities before the briny water is pumped through membranes to remove salt.

Although the plant was producing near its capacity, the expensive membranes were fouling far too quickly, which could wear them out too soon and drive up the price of water. The company that built the plant, Covanta, was unable to fix it to the utility's satisfaction.

American Water Pridesa, the German-Spanish consortium that won the bidding to take over, promised to complete the $29-million repair job by October 2006. It missed that deadline, a second one in December 2006, a third in March. Predictions it would finish by spring of this year proved wrong, too.

Turner has said the fate of the desal industry, and the future of his company, hinge on the Apollo Beach plant's success.

So, too, does the future of Tampa Bay 's water supply, utility officials said. Tampa Bay Water's state permit for pumping currently limits it to an average of 122-million gallons a day over the span of a year, and it's currently pumping an average of 114-million gallons, said senior manager Alison Adams.

But the permit requires that Tampa Bay Water cut its draining of the aquifer to a yearly average of 90-million gallons a day by the end of 2008. It means that "by Jan. 1, 2008, we need to start ratcheting that back down so that by Dec. 31 we'll be at 90-million gallons," Adams said.

"Where are you going to get the difference?" utility board member and St. Petersburg Mayor Rick Baker asked.

It was supposed to come mostly from the desal plant, Adams said. "We should all go pray for rain."

Blue Springs water permit may be revoked by state water district

By Rachael Anne Ryals
Herald Staff Writer

HIGH SPRINGS -- A water use permit near Run Island may be revoked.

The Suwannee River Water Management District's Governing Board voted to start the revocation process for a permit issued in Gilchrist County to Blue Springs Properties.

The planning staff recommended to the board that the water use permit be revoked due to two years of inactivity.

The revocation process still has a few steps before the action is final, said Jon Dinges, director of Resource Management at the Suwannee River Water Management District.

First, the permit must go through a process that involves administrative hearings and allows the applicant to formally challenge the request for revocation.

State statues allow a water use permit to be revoked after two years of inactivity, but the applicant can challenge the request for revocation by showing that they did in fact use the permit or there was some sort of hardship that prevented the permit from being used, Dinges said.

Even if the process shows that the permit should be revoked, the applicant can appeal the decision to the District Court of Appeals and maybe even the Florida Supreme Court, Dinges said.

"It's not final yet," Dinges said.

The district issued the water use permit on Oct. 14, 2003 to Blue Springs Properties for bottled water use with an average daily withdrawal of 528,000 gallons a day and a maximum daily withdrawal of 660,000 gallons a day, according to documents from the district.

Blue Springs is located about five miles west of High Springs, near Rum Island , in Gilchrist County .

There are currently three other water use permits issued in Gilchrist County, including CCDA Waters, the Coca-Cola plant that is permitted to withdraw an average of more than one million gallons of water a day from Ginnie Springs.

Public makes suggestions for dry Lake Jackson
By Bruce Ritchie
DEMOCRAT STAFF WRITER

Speakers at a public meeting Monday alternately suggested restricting water flowing down a sinkhole at Lake Jackson to raise water levels or leaving it alone and waiting for rain.

Some speakers even suggested piping water from the Ochlockonee River to help fill the lake.

About 160 people attended the meeting called by Leon County Commissioner John Dailey.

The lake drained down a sinkhole at the end of Faulk Drive in 1999. Some residents now want to refill the lake by filling the sinkhole or placing a berm around it to restrict water flow.

In the first two hours of the meeting, several more speakers were against controlling the water flow than were for it. There was polite applause for speakers from both sides.

Forrest Granger, who has lived along Lake Jackson for 51 years, suggested building a system for piping Ochlockonee River floodwaters into the lake in combination with building the berm.

"It probably wouldn't be a solution in and of itself," he said. "It could be part of the puzzle, part of the solution."

Lake resident Glenn Mayne warned that an attempt to control lake levels failed in the 1960s when the county tried to fill another sinkhole.

"Let us be very cautious about making any more attempts about altering what nature created for us," Mayne said. "Perhaps we ought to just be patient and let nature take its course."

Dailey told the audience that the meeting was the beginning of a conversation on what to do - if anything - about Lake Jackson water levels.

"I am not advocating any plans; I'm not advocating any idea," Dailey said. "I am not pushing one idea or another."

Tom Kwader, a hydrogeologist who lives on Lake Jackson , said the lake is "perched" about 35 feet above the Floridan Aquifer. He said the lake level doesn't depend on the water level in the aquifer.

He said the berm should be built to restore the lake, block off a safety hazard and prevent dirty stormwater runoff from flowing into the aquifer, which provides Tallahassee 's drinking water.

"There is a concern that anything that you put in the lake, it could go down the sinkhole," he said. "It goes under all of our wells."

But some other scientists say other the periodic draining maintains the lake's health. Lake Jackson is managed by the state as an aquatic preserve.

"Water level fluctuation is beneficial," said Jess Van Dyke, a regional biologist with the Florida Department of Environmental Protection. "A temporary marsh is not the end of the world."

The lake has periodically dried and refilled throughout recorded history, including five times during the 20th century.

"Do pray for rain," lake resident Stan Derzypolski said.

"I think we can all agree on that," Dailey said.

Gardens mayor may have stood to profit from Newell deal

By HECTOR FLORIN and JENNIFER SORENTRUE

Palm Beach Post Staff Writers

Tuesday, August 21, 2007

Palm Beach Gardens Mayor Joe Russo may have stood to make as much as $285,000 from a company that prosecutors charge was created to help former County Commissioner Warren Newell and his business partners receive the proceeds of a secret "success fee."

Russo served as president and director of Rio Bravo Inc., which federal prosecutors said was to collect as much as $5.7 million from the sale of the Palm Beach Aggregates rock pits to the South Florida Water Management District.

In a written response to questions from The Palm Beach Post, Russo acknowledged that he was a 5 percent owner of the company but said he never profited from the sale.

"Although I was listed as president and 5 percent owner, I never received 5 percent stock ownership and the only work performed was the preparation of corporate tax returns," wrote Russo, a certified public accountant.

Russo's name was the only one that appeared in state corporation filings for the company during the majority of its existence. Newell and his longtime friend and engineering partner Dan Shalloway are not listed on any of the company's annual filings.

It is the second time in four years that Russo has been tied to a federal investigation involving a Palm Beach County public official. In April 2003, Russo's name was listed on a grand jury subpoena that demanded all Palm Beach Gardens documents concerning council votes that furthered the development of the Mirasol country club community. Russo was not charged and said he was considered only a witness.

That investigation came more than a year after Rio Bravo was dissolved and two months before a new company, without Russo's involvement, was set up to funnel money to Newell and his partners.

Prosecutors said the secret success fee went to the new company, Shalloway Engineers Inc., which was created about four months after the water district agreed to buy the pits for $190 million.

Newell, Shalloway and other associates collected $2.4 million, according to a criminal information filed against Newell.

Russo, a politician for almost a quarter of a century, the past 18 years in Palm Beach Gardens, said in the written response that he recently took over as the accountant for Shalloway Engineers. He is not mentioned in the criminal information and has not been charged.

Citing a Florida law that prevents accountants from disclosing communications with their clients, Russo said he could not answer specific questions about Rio Bravo , including questions about the secret success fee. It is unclear whether Russo had any knowledge of the fee.

Newell, a county commissioner for 15 years, received $366,000 from the success fee, prosecutors said. He also owned about 19 percent of Rio Bravo , according to prosecutors.

As a county commissioner, Newell voted in 1999 to spend $50,000 for a water storage study to determine whether the rock pits could be used as public reservoirs without disclosing that he and his business partners stood to benefit financially from the success fee, according to the criminal information.

Newell also cast votes on two unrelated deals from which he profited, bringing his total take to more than half a million dollars, according to the criminal information. He has agreed to plead guilty to conspiracy to commit honest services fraud and filing a false federal personal income tax return.

Rio Bravo, prosecutors said, was formed at Shalloway's direction and "was created as a holding company to receive profits from an executed and secret success fee contract between the Aggregates and Rio Bravo for an anticipated contract between the SFWMD and Aggregates concerning regional water storage."

State records show Rio Bravo Inc. was formed in May 1998. Russo took over as president in May 1999 and signed off on its dissolution in December 2001, which the state made official the following month.

Russo would not identify the other officers or partners in Rio Bravo , citing accountant-client privilege.

Shalloway has not been charged. During a brief interview this month, he said he won't be.

Shalloway's lawyer, Joseph McSorley, has declined to comment on the federal investigation. But he stressed that the water district's purchase of the rock pits has benefited county residents, most recently during the drought, when the first pit to come online supplied water that helped West Palm Beach's water utility avert a crisis.

McSorley was one of two attorneys who reviewed Russo's responses that he sent to the Post, Russo said.

McSorley also represented former Palm Beach Gardens City Councilman Carl Sabatello, a longtime friend and client of Russo's, after federal investigators began looking into his business ties to Mirasol.

The 2003 grand jury subpoena given to city officials specifically sought documentation concerning Sabatello and Russo, who at the time was a councilman. Russo and Sabatello cast a series of votes related to Mirasol, a sprawling 2,145-home community on 2,300 acres along PGA Boulevard west of Florida 's Turnpike.

Sabatello, a home builder, bought plots in Mirasol and as councilman voted 46 times on issues that boosted the project's value. He eventually amassed an $83 million stake in the development, according to a 2003 Post investigation.

He cast four votes on Mirasol before seeking conflict-of-interest advice from then-city attorney Len Rubin. After that, Sabatello abstained on four votes, while voting dozens more times on matters related to Mirasol.

Russo also sought direction from Rubin because he was Sabatello's accountant.

Sabatello was never charged. A Dec. 6 letter from the U.S. Attorney's Office said Sabatello "is not the subject or target of any current federal grand jury investigation." Russo said federal authorities never investigated him and he was considered only a witness.

Earlier this year, the state ethics commission found probable cause that Sabatello and Russo may have had conflicts of interest when they voted on matters affecting Mirasol.

State ethics laws prohibit elected officials from voting on issues that provide a "special private gain" to themselves or business associates.

Russo has denied violating state ethics laws. Rubin told him he was required to vote, he has said.

Russo said earlier this year the votes state ethics officials questioned involved land in Mirasol that Sabatello was considering buying but did not have a contract on.

The state ethics commission case is still pending.

"I have a small accounting practice that only accepts clients that possess high honesty and integrity," Russo said. His clients "do no business in the city of Palm Beach Gardens, except Mr. Sabatello, who has been a client of mine since 1973."

Staff researcher Melanie Mena contributed to this story.

Wildlife board's new members seem much like the old members

Scott Maxwell

TAKING NAMES

August 21, 2007

Jeb Bush used to take flak for appointing folks to environmental boards whom critics said were no friends of the environment.

Things like that tend to happen when you appoint developers to the Fish and Wildlife Conservation Commission -- a group that's supposed to protect animals from development.

But now comes Charlie Crist.

Charlie is supposed to be Jeb-lite -- the softer side of Republicans; a guy who hugged as many trees as he did babies during the campaign.

So, now that Crist has had a chance to fill a few posts on the wildlife commission, let's check in on the board's makeup.

Let's see. We have Rodney Barreto, Richard A. Corbett and Brian S. Yablonski. That'd be developer, developer and developer.

There's also Kathy Barco and Dwight Stephenson -- both of whom are construction-company execs.

And finally, we now have Central Florida 's own Ken Wright, who practices real-estate and land-use law and served as the attorney for our beleaguered Orlando-Orange County Expressway Authority.

Quite the group of preservationists.

Hey, maybe we can't judge a developer by his profession. Maybe these guys will surprise.

Still, it seems safe to say that, despite all the hype, Crist isn't undoing everything his predecessor put in motion.

More politics

Coming soon to a bookstore near you: A book written by one of Orlando 's newest authors, Mel Martinez. Staff members in the U.S. senator's office confirm that the freshman Republican, Cuban refugee and chairman of the Republican National Committee is writing an autobiography. But it probably won't be out for a while. Given all the controversies in which Martinez has found himself lately, that may be good market timing.

Our newspaper archives must be broken. I say that because I started searching through them Monday after learning that Harris Rosen thinks residents deserve a chance to vote down the package of downtown venues. While searching, I couldn't find a single story about the I-Drive hotelier leading a fight to give voters a similar chance to reject the $750 million in public money spent on the convention center. Hmm. Maybe I need tech services.

Speaking of Rosen, if you're looking for a politically plugged-in woman Sunday night, there's a good chance you'll find her at his Shingle Creek Resort. That's where philanthropist Harriett Lake and the League of Women Voters are having their event to celebrate women's suffrage. They're expecting hundreds of women -- including former county mayor Linda Chapin; Orange County Commissioner Mildred Fernandez, and University of Central Florida medical school Dean Deb German -- at the celebration of voting rights. For details about the $75-a-head affair, you can call Harriett herself at 407-682-2488.

Speaking of the League of Women voters (OK, that's the last time I'll do that), are you still trying to decide which side you support in the debate over banning corporate donations from Orange County elections? Well, take a look at the two sides. In support of the proposal to curb the influence of special interests, we've heard from groups such as the league and the watchdoggers over at CountyWatch. On the other hand, fighting the effort are representatives from the Orlando Regional Chamber of Commerce and Doug Guetzloe. You pick your teammates.

Media Matters

Candice Coleman, WKMG-Channel 6's spunky features reporter since 2001, reports that the station has not renewed her contract. As for what she'll be doing after Sept. 4, Coleman says she is not yet sure, "But I have faith and know something will work out."

Denise Cullen, who became the first woman to lead a local TV sports department when she started at Central Florida News 13, has found a new job -- as the director of communications for the Orlando Predators.

The Orlando Police Department got a lot of attention last week for its "Kicks for Guns" program, in which the agency collected more than 300 guns -- and even a missile-launching accessory -- in exchange for new shoes. But somewhat overlooked were some radio guys who more often make headlines for their rowdy and raunchy ways: 104.1 FM's Monsters in the Morning. The show helped start the program to get guns off the street back in 1999. Said OPD Detective Barb Jones: "They were the reason for the success." Rumba 100.3 also helped promote this year's event, though Monsters leader Russ Rollins said: "We have more artillery per listener."

Oh, and as far as the Monsters go, with the departure of Blackbean (who reported Monday that he got a gig with Fox's Prison Break), Rollins said he is still considering replacements, including former show member Jeff Howell.

Scott Maxwell, who thinks he'll side with the league ladies, can be reached at smaxwell@orlandosentinel.com or 407-420-6141.

Lee County Takes A Stand For Ethics

The Tampa Tribune

Published: August 21, 2007

When a local government rejects millions of federal dollars for a road project, you might think its leaders are, well, nuts. But Lee County citizens should applaud their leaders for rejecting a $10 million appropriation for a highway interchange they never requested.

Congressman Don Young of Alaska slipped the unwanted earmark into a 2006 transportation bill after receiving $40,000 in campaign contributions from Ft. Myers-area landowners and developers.

Young denied the donations swayed him, despite Lee officials having made it clear that they wanted to widen Interstate 75 before considering a Coconut Road interchange.

Even U.S. Rep. Connie Mack, who represents the area, was surprised by Young's largesse.

Last Friday, the county's Metropolitan Planning Organization voted 10-3 to send the money back to Washington , according to the Naples Daily News.

Instead, planners would like the money reallocated to help widen I-75. To prove they made the right decision, 12 of 14 speakers at the meeting were opposed to the interchange.

Lee officials are focused on their priorities and more disciplined in their spending. Young should keep his mug out of local transportation plans unless county officials seek his help.

Starting Out Crowded

By RONNIE BLAIR The Tampa Tribune

Published: Aug 21, 2007

WESLEY CHAPEL - Just three weeks ago, 8-year-old Dominique Destin lived in Broward County .

Then the third-grade student and her family did something a lot of people do.

They moved to Wesley Chapel.

Monday morning, Dominique joined about 1,100 other students who began the 2007-08 school year at Wesley Chapel Elementary, a five-year-old school that was crowded the day it opened in 2002 and has remained well over capacity ever since.

Even the opening of two new schools in Wesley Chapel this year - Double Branch Elementary and New River Elementary - did little to whittle away at the school's enrollment.

"We're definitely still overcrowded, but we have an excellent staff and administration," said Jennifer Richard, the recording secretary for Wesley Chapel Elementary's PTA. "We seem to have a system down. They handle it."

The school district was expecting more than 65,000 students countywide for the new school year, which began exactly two weeks before Labor Day, the earliest start date allowed under a new state law. The school district opened five new schools this year, as Pasco remains one of five districts statewide that is still growing.

Just how much it is growing is a matter of debate.

The state Department of Education projected Pasco would gain 1,200 students this year, but district officials are unconvinced.

Superintendent Heather Fiorentino, at a school board workshop with legislators last week, said her staff is predicting the growth will be about 500 to 700 students.

The disagreement is more than just a mathematical spat.

The state provides funding to school districts based on the number of students. If the projection is too high, the state will send Pasco too much money and the district will have to pay it back after an official count takes place in October.

Regardless of how much growth happens this year, though, the school district still will be building schools as it tries to catch up with growth from past years.

In addition to Double Branch and New River, the other new schools this year are Sunlake High and Charles S. Rushe Middle, both in Land O' Lakes, and Gulf Trace Elementary in Holiday .

Construction work was behind schedule for New River and Gulf Trace, so those schools will have midyear openings. In the meantime, the teachers and students are working out of portable classrooms on other campuses. The New River students are at Sand Pine Elementary and the Gulf Trace students are at Trinity Elementary.

Students Keep Coming

Dominique's father, Robenson Destin, said he was aware his daughter's new school is crowded, but he was more focused on Wesley Chapel Elementary's academic reputation.

"It's an A school," he said. "That's a good school."

The school is built for 618 students, but was expecting 1,068 - and counting - Monday, putting it at nearly 180 percent of capacity.

And that represents an enrollment decrease. The school was serving 1,458 students when the 2006-07 academic year came to a close.

"Parents were generally relieved we were smaller than last year," Principal John Abernathy said.

Richard, whose daughter Katie, 6, is in first grade, said some parents might have liked to see attendance boundaries drawn differently to give the other elementary schools more of the students.

She said she wouldn't characterize parents as disappointed that crowding continues even with the new schools. "I think the parents are just surprised how quickly it's grown," Richard said.

The PTA figures the high enrollment means more parents to become involved in school activities. Richard said as of Monday the PTA had signed up about 180 members and the organization's goal is to have at least one member from every family at the school this year.

Time Change And Time Travel

Many of those families found out, too late, that they could have slept a little longer Monday morning.

Last year, Wesley Chapel Elementary began its day at 8:40 a.m. This year the time was switched to 9:35 a.m., but many parents didn't get word.

Nearly an hour before the school day started, parking was already at a premium, with cars and vans parked in the grass along Wells Road.

"You're early. You can take it easy," Abernathy told Carter Ciesluk, 6, a first-grader. "No stress."

Carter hugged up to his father, Steve Ciesluk, who coaxed the boy into revealing that he loves to read.

Carter is a fan of "The Magic Treehouse" series, which follows the adventures of a brother and sister who travel through time.

"I have been reading a lot of it," Carter said.

Abernathy wore a "One Fish, Two Fish, Red Fish, Blue Fish" tie as he greeted children and parents.

"Some of the students are smiling, but I've noticed all of the parents are smiling," Abernathy said.

Some private schools also began the school year Monday. Among them was St. Anthony Catholic School in San Antonio, where Sister Roberta Bailey, the principal, read the children a story titled "The Woodcutter."

The story's moral: "Remember to sharpen your skills if you want to succeed."

Reporter Ronnie Blair can be reached at (813) 948-4218 or rblair@tampatrib.com

At packed Toledo Blade, organization barely contains chaos

By TIFFANY LANKES

tiffany.lankes@heraldtribune.com
NORTH PORT -- At Toledo Blade Elementary School, parents start showing up an hour before school lets out to wait for their children.

If they do not get there that early, they could end up waiting even longer. With 1,500 students enrolled -- twice the capacity of a typical elementary school -- dismissals can be chaotic.

"It's either wait now or wait later," said Frank Lancaster, sitting in his car as he waited for his granddaughter.

Even at a time when new construction is stalled -- and student enrollment in districts across the state is plateauing -- schools in traditionally high growth areas started the school year crowded on Monday.

The crowding at Toledo Blade comes despite a new North Port elementary that opened just last year. It goes to show how far school construction lags behind the growth spurt that has doubled the city's population since 2000. Another new elementary school is not expected until 2009.

"After a while, everyone just gets used to it," said Principal Chris Renouf.

North Port is not the only place bucking the state trend of slowed enrollment. Even though a new school opened Monday in northeast Manatee -- the second-fastest growing part of the county -- Mills Elementary is still over its capacity.

And school administrators expect the lull in construction will soon end in Southwest Florida, and that enrollment will pick up again, meaning more crowded campuses.

Toledo Blade already holds the record for largest elementary school ever in Sarasota County, once enrolling close to 1,600 students. No elementary school in Manatee or Charlotte county has ever seen that level of enrollment, either.

This year, Renouf expects Toledo Blade to break its own record.

"I have no doubt that we'll exceed our projections," Renouf said.

The first-grade class alone has 300 students.

Since the school has no more room in its main building, it has acquired 55 portables, a once-unthinkable number that take up about half of the campus. District officials say there is no room to add any more if the school keeps growing.

The key to coping with crowds is organization, Renouf says.

Cafeterias are always a trouble spot for crowding, so Toledo Blade added more lunch periods so each grade level can eat separately. Some students eat lunch as early as 10 a.m. Others do not finish until 2:30 p.m.

To help monitor all of the students, Toledo Blade is the only elementary school in the district to have an on-campus security guard. And this year the students wear uniforms, which administrators say cuts back on behavior problems and helps students stay focused.

There are so many children, the school had to have two separate open houses -- and will likely schedule two sets of other school activities. Administrators are afraid they will not have enough room for all of the students and their families on campus. The extra precautions help, but even then it is hard to avoid some chaos.

At the end of the first day of school, Renouf made an announcement urging the children to try to be orderly during dismissal.

As soon as the bell rang, the throngs of students flooded out of the classrooms.

"It's chaos," said parent Kelly Strauss.

Her 6-year-old daughter Khloe's eyes widened as she watched the wall of students form in front of the school as they waited for the buses.

Despite the school's efforts to make the crowding less noticeable, the first-grader says it is still obvious there are so many students.

"I'm looking right at them," she said.

City annexes 52-acre tract

HIGH SPRINGS -- The High Springs City Commission gave unanimous, initial approval for the voluntary annexation of a 52-acre tract of land into the city.

The land, located directly west of the Cinnamon Hills subdivision on Poe Springs Road, is currently zoned county agricultural.

After the land is formally annexed into the city, a future land designation and then a zoning will be applied to the land.

The owners, Santa Fe Meadows Inc., have not said what they plan to use the land for, said High Springs City Planner Christian Popoli.

The annexed land will be in the city's Urban Service Boundary, the area of the city that utilities and services will be available, and density will be higher than the rural boundaries.

 

Clear Springs Plan Moves Forward

The Clear Spring Land Co. is one step closer to bringing its last 6,527 acres into the city limits of Bartow.

Bartow city commissioners on Monday night gave preliminary approval to annexing Clear Springs' acreage on the city's southern border.

The city annexed the bulk of the land, totaling about 11,000 acres on the city's east side, in 2001.

Commissioners will take a final vote on the annexation measure following a public hearing scheduled for Sept. 4.


Development Gets Preliminary OK

City commissioners gave preliminary approval Monday night to a proposed 272-acre development on E.F. Griffin Road.

Interim City Attorney John Murphy recommended that the commission approve the proposed development because it would resolve pending litigation filed against the city by Highland Cassidy.

When the city initially rejected Highland Cassidy's proposal last year, the developer filed a lawsuit asking the court to review the city's actions.

The commissioners also approved, by the same 3-2 vote, a settlement agreement with Highland Cassidy that ends the developer's legal action.

But the settlement isn't effective until the commission gives final approval to the developer's zoning proposal.

If that vote fails at the Sept. 4 meeting, Highland Cassidy has said it will move forward with its legal challenge against the city.

Speculation Blamed For Surge In Foreclosure Cases

By Douglas Carman of Highlands Today

Published: August 21, 2007

Highlands County saw an alarming spike in the number of home and land foreclosure proceedings during the year, fueled in part by lowering property values that ruined the prospects of many speculators, local mortgage lenders say.

The Highlands County Clerk of Courts recorded 372 foreclosure filings from Jan. 1 to Aug. 17 this year, two cases shy of the number of foreclosure filings for all of 2006.

"And we're a little over half way through," said Bob Germaine, Senior Director of Courts. "We're just up."

David Veley, a senior lender with the Highlands Independent Bank, said the spike mostly comes from speculators who have been stuck with investment properties. During the housing boom, speculators kept jumping on properties, flipping them to other speculators and cashing out as their values kept climbing up.

Now, "lot prices are coming back," Veley said. "Somebody at the end got hung."

Making matters worse for them, the speculators usually relied on special short-term loans where they pay only the interest on the property before a balloon payment at maturity.

Usually, that comes in three years, well after the borrowers expected to sell off the property and pay off the loan with the sale proceeds.

Personal foreclosures are up as well, although just slightly. Veley attributed this partially to local job losses within broader economic downturn. Also, some of the homeowners have been caught up in adjustable interest rate mortgages after their lower "teaser rates" changed.

Sun 'N Lake Lands Abandoned

While speculators are losing out throughout the county, it's even more apparent in Sun 'N Lakes of Sebring.

Since Jan. 9, a case list from the Highlands County Clerk of Courts lists 65 foreclosures, mostly on vacant lots, because the property owners did not pay their assessments. This does not include foreclosures over mortgage payments, which could not be determined by press time.

John McClure, an attorney who represents the Sun 'N Lake of Sebring Improvement District, said many of the property owners were foreign nationals buying land here. Apparently to him, they decided to give up on the land they were holding because of the worsening economy.

"Some intend on living here one day, but those we are foreclosing upon chose not to continue payments,"

PAC standing firm in fight to halt Lake Worth beach redevelopment

By NICOLE JANOK

Palm Beach Post Staff Writer

Tuesday, August 21, 2007

LAKE WORTH — A political action committee isn't backing away from its fight against beach redevelopment even though the city has filed suit in an effort to stop the group.

On June 5, the city commission passed three ordinances that permitted commercial development at the beach, which previously was zoned for recreation. We Love Lake Worth Inc. wants a referendum on the ordinances so that voters have a say on land use and zoning at the beach and has collected thousands of signatures to get the matter on the ballot.

On Aug. 10, the group submitted petitions with about 2,500 signatures for each of three ordinance ballot questions, which were verified through the county Supervisor of Elections Office.

Five days later, the city sued the PAC, contending that the petitions are invalid. State law, the city says, prohibits holding a referendum on land-use changes that affect five or fewer parcels of land. The approved zoning ordinance applies to the beach property, which is one parcel, the suit contends.

But PAC Chairman Christopher McVoy and his group strongly believe the beach property affects many parcels in the city and beyond. They call the suit a scare tactic.

"We're going to put together argument, because what we're asking for isn't unreasonable," McVoy said.

The newly created beach and casino zoning district restricts building height to 50 feet, with an additional 10 feet for architectural detail, and does not allow residential building, including hotels or condos. It limits construction of a new building to 15 percent of the roughly 18.6-acre beach, which McVoy and his group think still could change the beach atmosphere drastically, he said.

While campaigning for the supermajority ballot initiative during the March election, McVoy said many of the voters he spoke with do not want in-your-face retail at the beach and are content with what already exists there.

"They like the fact that these are low-key, pretty much local business, something that's very compatible with the city of Lake Worth," he said.

If the ordinances were put on the fall 2008 ballot, they likely would derail the $19.1 million proposal by developer Greater Bay Group, which seeks to build a 49,000-square-foot commercial center and restore the pool, parking, boardwalk and lifeguard areas. Greater Bay has committed to paying for at least $12 million of the project and is seeking financial backing.

Commissioners who favor the beach redevelopment project have noted that the city cannot afford to fix the beach by itself and voters rejected a bond referendum in 2002. They also have said that, although the proposed Greater Bay building will be larger, it will have the same amount of retail space, as well as additional space for a ballroom and restaurants.

"This is really no longer a battle about whether we should keep the old building," Mayor Jeff Clemens said. "This is a battle about whether we should keep a building at all ... and the current plan is the best chance of that of becoming a reality."

he said.

FAU turbine to crank up for test of zapping ocean into electricity

By KIMBERLY MILLER

Palm Beach Post Staff Writer

Tuesday, August 21, 2007

Florida Atlantic University has plunged $5 million and seven years' worth of study into a project that scientists hope will offer solutions to the world's energy problems.

Paid for with part of a $30 million Centers of Excellence grant, FAU's project will plunk a specialized turbine into the north-flowing Gulf Stream - the planet's largest, most energy-dense ocean current - to generate electricity.

The initial test turbine will be only 10 feet in diameter. It will be in place by October or November, depending on the permit process.

The ultimate dream is to have 3,000 turbines, each 130 feet in diameter, working in underwater unison to power up to 50 percent of Florida.

"Everything makes this the absolute best spot in the world for this," said FAU Professor Frederick Driscoll, leader of the Ocean Energy Technology Center of Excellence. "Nobody has ever had an ocean turbine in the water for more than a few hours."

Driscoll's project is part of a second round of Centers of Excellence grant that lawmakers budgeted for Florida's universities in 2006. The first pot of money - also $30 million - was awarded in 2002.

This year, motivated by the success of the original centers, legislators wrote $100 million into the budget for new centers, or to add to current ones.

Driscoll and his team are vying for a piece of that: $15 million that will help soup up their project and better outfit a 33-foot specialized research vessel they are building.

But they won't be alone.

Schools have until December to finalize their research proposals in hopes of grabbing the state's attention and nabbing some of the cash.

"There's so much funding now," said Driscoll, who works at FAU's Sea Tech campus in Dania Beach. "It's going to be very competitive."

Proposals requesting between $10 million and $20 million are preferred by the Board of Governors, which oversees Florida's 11 public universities and is part of the team of judges to pick the winning projects. Private universities also are allowed to compete for the money.

"Supercenter" proposals asking for more than $20 million also may be considered.

Winners will be decided by the Florida Technology, Research and Scholarship Board and a committee of Board of Governors members.

Although the proposals are due Dec. 3, money probably won't be awarded until June so judges can have several months to weigh the merits of each plan.

Projects will be evaluated in four areas: vision; leadership and research focus; economic opportunity, management and infrastructure; and leveraging resources and other collaborations.

"This is an absolutely outstanding program that will move Florida's universities upward nationally and internationally," said Larry Lemanski, FAU's research vice president. "It is very important in the state's quest for world-class universities."

The $30 million awarded to three universities in 2002 has attracted $128 million in outside research dollars, created 38 patents and helped develop eight spin-off companies, according to data gathered by the Florida Research Consortium.

FAU was awarded one of the original $10 million Centers of Excellence grants in 2002 for a proposed biomedical and marine biotechnology research center. One focus of its first center has been creating medicines from sea life such as sponges and coral.

The University of Central Florida and University of Florida also received $10 million grants in 2002.

Lemanski said that since FAU's first center opened in 2003, it has received $33 million in federal and private grants, had 24 patents issued and licensed a special underwater camera to Panavision.

"Those 2002 awards, they really had to prove their worth," said Jack Sullivan, president and chief operating officer of the Florida Research Consortium, which lobbied lawmakers to increase Centers of Excellence funding this year. "Their track record has been outstanding, and essentially we exceeded all of our own expectations."

Last year, 32 proposals were submitted. Six, including FAU's turbine project, were chosen.

Since then, Driscoll has spoken to Congress about the need to find alternative energy sources and partnered with companies such as Florida Power & Light Co. and New York-based Verdant Power, which is supplying the blades for the turbine.

FAU has to determine how turbines will affect marine life before full-scale multiple turbines can be submerged.

Driscoll's request for more money is subject to FAU approval before becoming a formal proposal for Center of Excellence money. But he thinks he has a chance.

"Florida doesn't have a source for base-load renewable power," Driscoll said. "There's no consistent wind, no hydro power from dams. The Gulf Stream is what we've got."

Residents fight to save historic train depot

BY SUSAN LATHAM CARR
STAR-BANNER

 " OCALA - Ruth J. Riley remembers when the siren at the Dunnellon train depot would sound at midday.Children knew it was time to go home for lunch," Riley said.

Riley, 82, taught at both Dunnellon Elementary School and Dunnellon High School and was active in Friends of the Library for many years.

"Our lives were completely controlled by the train," Riley said. "It was a very important part of our lives. We rode the train to Tampa to go shopping."

She remembers being put on the train when she was 8 years old and riding it by herself to Savannah , Ga. , where her sister and brother-in-law lived.

So, she is very sad that the depot, which is part of the Boomtown Historic District that is listed on the National Register of Historic Places, could soon be sold to the highest bidder.

"That breaks my heart," Riley said.
Doris Magursky, president of the Greater Dunnellon Historical Society, said the organization's officers are looking for new people to get involved and take the lead. She has volunteered her time and effort for about eight years, as have most of the board members and they are tired.

"If we don't get a board to run the organization and we have to fold, we have to disburse our assets, which means we would have to sell the depot," Magursky said.The Historical Society owns the depot and the contents of the museum in the depot - the railroad paraphernalia, newspaper articles and photos. A mural painted by the late Tom Ferrie that once hung in John and Jean's antique store graces the depot's walls.

All the assets would have to be sold and the proceeds, along with any cash reserves, would be used for a historic preservation cause to be decided upon by the Society's board.

The Society recently completed a $400,000 renovation of the depot, which has a river view and sits on four lots in the middle of town. The funding for the renovations came from a $285,000 state historic preservation grant plus money the Society raised.

Because the renovation was funded by a grant, whoever takes ownership of the depot would have to maintain its identity as a renovated historic site for 10 years, Magursky said.

She said the fate of the depot will likely be decided at the Society's next board meeting on Sept. 18 at 7 p.m. at the depot, located off Williams Street . If a leader does not step forward, the board could vote to disband. An appraisal is expected before the meeting.

Dr. Dane Myers, who serves on the historical preservation board and chairs the city's Community Redevelopment Area Advisory Board, said the depot couldbe a key piece of Dunnellon's historic district.

"I would very much like to see it remain in the public domain," Myers said. "My guess is we will find a solution for it. It's just a lot of people are pretty weary in this town. There have been too many battles."

Don Fineout, president of the Main Street organization said it is sad that the Society has to beg for people to step forward. He said a tremendous amount of time and effort went into restoring the depot.

"It's over 100 years old. Historically, it's probably one of the older buildings in Dunnellon," Fineout said. "I would hate to see it be sold and have somebody turn it into a thrift store or something like that."

Harold Horne, the city of Dunnellon 's community development director, said it would be important to keep the depot in the right hands.

"I think it's important because when you are doing redevelopment, the real trick to the business is to identify those things that have character, that are signatures of the community, and that depot is one of those items," Horne said.

He said the depot would be of much greater value to the community than it would to any other entity.

"If they are going to sell it, we need to get public support to maintain it in the public hands, whether it is a nonprofit or the city itself," Horne said. "It has to be there."

Susan Latham Carr may be reached at susan.carr@starbanner.com or 352-867-4156
 

Times are changing in Ocala 's horse country

It's early morning on the track at Ocala Stud. A misty veil rises off surrounding emerald slopes. Giant live oaks, weeping with Spanish moss, frame the expanse.

From the backstretch, two brown horses, coats aglow and muscles coursing, round the turn in the distance. Jockeys astride, they stampede toward trainer Michael O'Farrell, kicking up the sandy course as they pass.

''We have to produce runners to remain in business,'' says O'Farrell, who owns and runs Florida 's oldest thoroughbred farm.

Ocala Stud was purchased in 1956 by O'Farrell's father and eight partners when the world still looked askance at race horses from Florida and Ocala was home to only four farms. Since then, Florida-breds, known for outrunning their pedigrees, have galloped away to win major races across the globe.

Declines in betting at the state's race tracks, however, is sapping the vitality from Florida's horse racing industry, and some major players are moving up north where thoroughbreds can run and breed for more money.

Purses, based on a percentage of money spent at the betting window, entice new participants and financially support the industry. The horses, in turn, build worth by winning competitive meets, value their owners later realize in the breeding shed.

Hopes of infusing the pools of prize money with truckloads of new cash were dashed when early results from slot machines at Gulfstream Park fell far below expectations.

At stake is continued growth of the lively thoroughbred business in Ocala , a growing city of about 50,000. Ocala -- and Marion County that surrounds it -- is home to some 600 breeding and training facilities. Miles of flat board fencing divvy up roughly 75,000 acres of working countryside, specked with grazing horses.

In town, bustling byways lined with big box stores and strip malls are interspersed with trailer dealers, vets, tack and feed stores and other horse-related enterprises.

This is the equine epicenter of Florida , home to first-class jumpers, hunters and show ponies. And it is also the heart of the state's $2.2 billion horse racing industry.

The business generates some 40,000 direct jobs and about 100,000 jobs indirectly, according to the Florida Thoroughbred Breeders and Owners Association.

While business appears to be booming, O'Farrell says Florida 's industry -- which ranks second in numbers and renown to Kentucky 's -- is bracing for a rough ride.

''Expenses are going up at a much faster pace than purses,'' O'Farrell said. ``There are more horses at every sale, more product, but the number of buyers has diminished.''

Christopher Scherf, executive vice president of the Thoroughbred Racing Associations of North America, said there has been no measurable drop in sales, and stud fees -- the price paid to mate a mare with a particular stallion -- are hitting record highs. But, he said, flagging public interest in the sport and stagnant purses are slowly eroding the industry.

Last year, purses in the United States rose just 3.3 percent to $1.12 billion, according to The Jockey Club's 2007 Fact Book. In Florida , prize money rose by 3.9 percent between 2005 and 2006, over a 1.4 percent drop from the year before.

WINTER HOT SPOT

Since the first meet at Hialeah Race Track in 1925, South Florida has been a mecca for winter racing, attracting the biggest stars of the sport.

''In the winter, when Gulfstream is running, it's one of the top meets, but purses aren't as high as you would think they would be,'' Scherf said.

In South Florida , the campaign to bring slot machines to Miami-Dade and Broward has been seen as a battle for self-preservation, rather than a strategy for growth, Scherf said.

In 2005, voters approved slots at parimutuels in Broward, home to Gulfstream Park , but not in Miami-Dade, where Calder languishes just south of the county line. In January, Miami-Dade voters will be asked to decide again whether to legalize slots.

The transformation to racinos -- racetracks with casino operations -- has brought new millions to tracks in other states, most notably in Oklahoma , where purses have more than doubled in the first full year of expanded gaming. Early results in South Florida , though, have been less than spectacular.

''We thought bringing in slots would solve a lot of problems, but it hasn't,'' said Richard Hancock, executive director of the Florida Thoroughbred Breeders and Owners Association.

GAMBLING GALORE

Florida tracks face stiff competition for gambling dollars that other states don't -- a colossal state lottery, successful Indian casinos that operate tax free, and ''boats to nowhere'' among other attractions.

At Gulfstream Park in Hallandale Beach , Florida 's flagship track, slot machines that were expected to take in $212 a day are generating less than half that amount, analyst say.

While gaming revenues at Gulfstream are up, John Simonetti, chief executive officer of MI Developments, which owns about 60 percent of Gulfstream's parent company, Magna Entertainment, told investors earlier this month that cash flow from the newly renovated facility was still not sufficient to cover principal and interest on its loans.

Magna Entertainment, which owns and operates more than half a dozen of the country's top race tracks, reported a second-quarter loss of $23.4 million in the period ending June 30, compared with a loss of $26.3 million the same quarter last year.

A consultant hired to audit the company said the track had ''no realistic prospect of generating an acceptable return on investment.'' He recommended immediate talks with horsemen to discuss the overall economics of the operation, The Globe and Mail reported. That likely means slicing purses, Hancock said.

That's bad news back at Ocala Stud, where future runners pace the rail waiting their turn to be exercised. Near the stables, an employee unsaddles a frothy, heaving colt fresh from a workout. Employees bathe and attend to other horses.

O'Farrell says from the moment he wakes up in the morning, operating costs will exceed $13,000 a day.

''We have to generate that much -- every day. It's not easy,'' O'Farrell said.

Demand for ethanol is driving up grain and corn prices, increasing outlay for feed, he said. Rising fuel prices lean heavily. Healthcare and workers comp insurance, which for equine workers is among the most costly, also contribute to the pressure.

O'Farrell said most of his profit is made by breeding his stallions and from the sale of an annual crop of ready-to-run 2-year-olds. But it is his training program that keeps him afloat.

O'Farrell charges $50 a day for training and boarding. Vet bills and insurance, which can mount to thousands of additional dollars, are not included.

During the peak season from roughly September through May, O'Farrell's roster of workers expands to 175: mostly grooms and riders who work with about 200 horses in training. This year's Kentucky Derby winner, Street Sense, got his early schooling here.

Across Marion County , some 16,000 thoroughbreds from Canada , Kentucky and the eastern seaboard train each year, in addition to Florida-breds, said the Florida Thoroughbred Breeders' Hancock.

LOSS LEADER

Requiring a heavy investment of time and labor, O'Farrell said training other people's horses constitutes a loss leader for Ocala Stud and other area farms. When it comes to raising per diem rates for boarding and training, he cringes.

''It costs just as much to keep a horse in Florida as it does anywhere,'' said Jack Brothers, director of breeder services for Adena Springs farm in Williston , Florida 's largest foal producer. Owners are going to want to keep their horses where they can race them for the most money, he said.

Brothers also emphasized that large breeding operations like Adena Springs, owned by Canadian auto parts magnate Frank Stronach, also have a stake in improving the state's betting landscape.

Nearly half of the foals born in Florida will race on South Florida tracks.

''We've lost a lot of our owners down there because purses are not at a level where they can afford it,'' Hancock said.

In further signs of a constricting market, Ocala was also recently stung by news that two major breeding farms were relocating to Kentucky .

CloverLeaf Farms II in the neighboring town of Reddick closed July 1, followed by an announcement from Padua Stables that it would reopen a scaled-back operation in Kentucky .

The closures highlight another challenge facing the industry in what some described as a seemingly de facto price ceiling on stud fees. A stud fee is the amount a breeder charges for offering the services of its stallions.

Stallions who won big at the track during their racing years, and those whose progeny are big winners, can command stud fees of hundreds of thousands of dollars per live foal.

In Ocala such fees max out at $25,000, said Brent Fernung, CloverLeaf's former general manager, and a 31-year industry veteran who also owns a breeding and training farm. CloverLeaf's herd of brood mares, some purchased for upwards of $250,000, were too valuable to breed with Ocala stallions, Fernung said. Nadia Sanan Briggs, general manager of Padua Stabes, has similarly cited low stud fees for closing the business.

Florida has no problem producing top-notch stallions, however. The difficulty is keeping them, according to Jay Friedman, a spokesman for The Ocala Breeders' Sales Co., the only Florida-based thoroughbred auction company.

GOOD TO GROW HORSES

''When a stallion does well somebody from Kentucky will swoop in and buy him, so this has become a proving ground for stallions. Kentucky breeders offer a lot of money, which is hard to turn down,'' Friedman said. Friedman and others predict breeding farms will give way to more training centers, continuing a decadeslong trend toward less-profitable businesses.

''You can't change the fundamentals. This is a really good place to grow horses,'' Friedman said.

When O'Farrell's family bought the farm in the mid-1950s, Ocala's virtues as a thoroughbred breeding ground were just being discovered. Early farms were located primarily in South Florida, in Davie, close to the racetracks of Hialeah and Tropical Park. They later gave way to the urbanization of the area.

Carl Rose, considered the father of the state's thoroughbred and lime rock industries, purchased and later sold thousands of acres to horsemen. Some of the land he once owned is now home to Ocala Stud. He claimed the area's shallow limestone bedrock produces lush pastures and mineral-laden waters that help build strong horse bones, according to Florida Thoroughbred by Charlene Johnson.

Only two other areas in the world boast similar geological assets -- Ireland and Kentucky. Marion County's scenic landscape was reminiscent of both.

Florida's perennially mild climate also supplied sunny winters which give young Florida-breds a leg up on their Kentucky cousins that are barn-bound when temperatures plunge.

''The horses are outside 12 months a year,'' Fernung said. ``They're out there running around or digging for grass. The hot weather toughens them up.''

The turning point for Ocala came in 1956 when the first Florida-bred -- a horse named Needles -- clinched the Kentucky Derby.

''They say no one sold more real estate in Marion County than Needles,'' Friedman said.

In 50 swift years, horse people have moved to town in droves. In 1999, the U.S. Department of Agriculture christened it The Horse Capital of the United States.

In fairy tale wins that horseman say make it all worthwhile, Florida farms have produced 44 national champions, 19 Breeders Cup Champions, 6 Kentucky Derby winners, 7 Preakness Stakes winners and Affirmed, the last Triple Crown winner.

CASHING IN

With people comes development, and signs of new growth are everywhere. Two miles from Ocala Stud sits Paddock Mall, anchored by a Macy's, JCPenney and Sears, on land that was once part of Ocala Stud's acreage.

O'Farrell said he loves working with horses. But not everyone in his family may want to carry on after he retires.

''At some point, we'll go through a transition, which will mean selling some of the properties,'' O'Farrell said, gesturing toward the roof of a new apartment complex peaking over a rise in the distance.

``They say the best type of farm to own is one that stands in the way of progress. When the time comes, we'll cash in.''

As houses move in, Sugarloaf Mountain's trees find a new home

Robert Sargent

Sentinel Staff Writer

August 20, 2007

MINNEOLA

Clusters of oak trees look like huge patches of thick, green carpet spreading out for miles from the top of Sugarloaf Mountain.

Someday the panoramic view high above Lake Apopka, with the tall buildings of downtown Orlando visible in the hazy distance, will be dotted with more than 2,000 rooftops. The unique view from one of Florida's highest elevations makes Sugarloaf one of the area's most prized pieces of real estate.

It's also cherished by area residents and preservationists, who lost a decade-long fight to prevent development there. Years later, the wounds are still healing as a developer, the LandMar Group, works on a painstaking plan to protect some of the precious scenery: Sugarloaf's trees.

Up to 1,200 trees, mostly full-grown live and laurel oaks weighing up to 40 tons or more, are carefully being dug up and moved with heavy machinery to new spots within the development. Construction manager Al Penny said the project is an enormous amount of work -- it costs $5,000 to $20,000 to move each tree -- but the goal is to protect as much of the landscape that makes Sugarloaf so unique.

"At the end of the day, you want to take pride with what you do," Penny said. "It's very rewarding."

Ironically, many of the massive trees did not grow there naturally. The scenic site was a mostly vacant former orange grove 20 years ago. Property owners aiming to improve the value of their land decided to plant about 14,000 tiny tree saplings they acquired from a failed nursery business.

About that same time, they came up with an idea to sell their land for a large, master-planned community. That triggered the big development fight that stands today as a major turning point in the wave of development that has come to Lake County.

Lake has grown tremendously, nearly doubling its population to 290,000 since 1990. Along with it, many of Sugarloaf's tiny trees also grew up.

Environmentalist Peggy Cox applauded LandMar's tree preservation as a small consolation of the large development.

LandMar is voluntarily moving the trees as part of its vision to preserve as much natural scenery as possible. Because of the high cost and risk of failure, many other developers often avoid moving large oak trees.

Cox said she hopes the upscale project rises far above typical new-home developments.

"For the exclusiveness and the price of this development, I would think that people would expect more than the average bulldozed lots and a couple of tiny tree saplings," Cox said.

Sugarloaf Mountain is planned as one Central Florida's more elite communities, with 2,200 homes, 120,000 square feet of commercial and office space, a school and parks along County Road 455 north of Minneola. Construction has begun on the first phase, which includes The Overlook -- a gated neighborhood of 550 upscale homes and a golf course co-designed by famed golfer Ben Crenshaw.

Initial home prices run up to $3 million.

To ensure that most trees survive the relocations, LandMar brought in tree expert Arthur Costonis, who transplanted trees on other notable projects such as Disney's Celebration and Orlando's Baldwin Park. Costonis said his work at Sugarloaf has been an enjoyable challenge: "It's the biggest project I've ever dealt with."

Costonis started by surveying all the trees on the 1,400-acre property, cataloging them and determining whether they were healthy enough to keep or relocate. He also oversees many of the relocations.

Armies of construction workers have moved about 400 trees so far.

Costonis said some of the massive oaks were planted 20 years ago. Others started growing there naturally as far back as the 1950s or earlier.

Many are huge, with trunks measuring 10 to 30 inches in diameter. Some have branches that reach 110 feet over the ground -- covering about a quarter of the length of a football field, including the end zone.

About 80 percent of the trees will survive the move. Costonis works to improve those odds by reducing as much stress on the trees as possible.

Limbs are carefully pruned before the move to reduce demand on the tree's internal water supply. Crews carefully dig around the roots, disinfecting their tools to prevent spreading disease to the tree.

After cutting most of the way around the bottom, they wrap the large root bulb with burlap and wire. Then they slip heavy straps underneath to cradle the bulb, lifting the entire tree with a hulking crane.

Workers use the crane or a tractor-trailer to move each tree to a new location, where a massive hole is dug for the replanting. Costonis said the trees are then watered and nutrients are provided to help the tree grow into its new location.

Sugarloaf also has two large nurseries that temporarily hold up to 140 trees for a year or so until they are uprooted again and brought to their final destinations.

Steve Price, 42, of Orlando said he is impressed how the trees are preserved. His family grew citrus on the site from the 1940s through the mid-1980s, when several hard freezes destroyed most of the orange trees.

He remembers how his father, Karick, and others planned to sell their property to recoup some of the tremendous loss. They found a tree nursery that was going out of business, and they acquired oak, magnolia and other types of small saplings up to a foot tall to plant at the Sugarloaf site.

Price said most of the trees died after years of drought, hurricanes and other harsh weather conditions. But he said he was delighted to bring his father back to Sugarloaf a few weeks ago to see how the large oaks are being preserved.

"It was a real treat for my dad to go back and see those trees," Price said. "I think when we planted them, the idea was that somebody, someday would be glad that they were there."

Price said the project reminds him of a popular writing from Roman philosopher Cicero that was stitched in fabric and framed in the family's business office:

"The diligent farmer plants trees, of which he himself will never see the fruit."

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

Hometown Democracy: Do Land Owners In Highlands County Agree?

By Gary Pinnell of Highlands Today

Published: August 19, 2007

SEBRING — A few years ago, Hank Kowalski was speaking to a group of central Florida county commissioners about Hometown Democracy.

"I could tell from the questions they were asking me that they didn't know much about it," Kowalski said.

For the uninitiated, Florida Hometown Democracy is an attempt to allow people to vote on real estate subdivisions like Sun 'N Lake and business developments like Shelby Crossing. But first, the New Smyrna Beach organizers must gather 611,000 signatures.

"It's not so easy as people think," said Lesley Blackner, president of the organization. About 450,000 signatures have already been gathered; the deadline is the end of January, if the petition is to be on the November 2008 ballot.

She conceived of the idea in 1999. "That's when I first started thinking about how sick and corrupt the system is," Blackner said. Her beef is that city councilors and county commissioners always make political decisions instead of protecting green spaces.

"Too many just never say no," Blackner said.

Blackner started gathering signatures in 2004, but the Florida Supreme Court ruled the petition was wrongly stated.

"The court made us start over," Blackner said.

The Other Side

Highlands County approves 10 to 20 comprehensive plan amendments every year, said Don Hanna, the planner.

Comp plan amendments aren't zoning changes, Hanna said. Zoning changes are small-scale. The comp plan affects entire subdivisions, industrial parks or, like Wal-Mart, changes the traffic patterns on major highways.

As the drumbeat of Hometown Democracy intensified a few years ago, grove owners decided to get their land redesignated from agricultural to residential.

"Just the talk about it and the thought of it has caused a lot of activity," Hanna said. A few Florida and California cities have already adopted municipal versions of Hometown Democracy.

Peggy Leach is a part-owner of Lost Lake Groves, currently a citrus company that wants to build 1,050 houses south of Lake Sirena.

Their comp plan amendment has already passed the county, but it is among 42 that have been held up at the state level. The Florida Department of Community Affairs has been concerned about how much traffic will be added to U.S. 27 if 4,537 single family homes, 192 mobile homes, and 1,739 multi-family apartments and condominiums are built.

That's why Leach says there's no need for Hometown Democracy.

"There are already so many safeguards," Leach said. "We've been doing this for two years now. Everybody has to hire lawyers. No landowner can do it on their own."

If the Hometown Democracy initiative petition gets on the November 2008 ballot, Leach won't vote for it.

"There's no way for the public to make a competent decision," Leach said. "I can't think of anything positive about it."

A Democratic Republic

In a democracy, the people vote on every issue. In a representative democracy, the people elect city councilors, county commissioners, congressmen and senators to make decisions.

On the state level, both forms of government are empowered. People vote on a few issues, like Save Our Homes and the upcoming Superexemption tax cut.

Kowalski likes the Hometown Democracy idea. He encourages Highlands County people to sign the petition.

"It gives the common people a chance to say yes or no to certain developments, and it takes it out of the hands of the county commissioners," Kowalski said.

For instance, more businesses may be added near Sweetbay, near State Road 29.

"They want to develop that into a strip mall that would take out the groves," said Kowalski, who lives in Sun 'N Lake of Lake Placid. Ironically, if that subdivision were being built today, people would have the right to vote on it.

Kowalski thinks the Hometown Democracy petition will make it onto the ballot, and that it will pass.
Blackner didn't sound as confident. "We have this huge development machine rallied against us," she said. "The public interest has been hijacked to keep the building industry happy. Their idea of progress is making lots of money, and to hell with the neighborhood."

Tom Pelham, who heads Florida's Department of Community Affairs, is asking if we can't just all get along.

He calls Blackner's approach extreme and draconian. But, he reminds, growth problems like sprawl and whether there are enough schools are real and shouldn't be ignored.

Officials urge more water conservation

By TONY BRITT tbritt@lakecityreporter.com
Saturday, August 18, 2007 11:41 PM EDT

Suwannee River Water Management District officials are urging area residents to conserve water because groundwater levels in the area have dropped in what is being labeled as the 14th driest

12-month period since 1932.

According to a report from the agency, extremely low groundwater levels were recorded throughout most of the district in July, with 16 of the agency's monitoring wells dipping to historic lows and 34 wells experiencing new monthly-record lows.

The Suwannee River Water Management District serves all or part of 15 counties, including Columbia, Suwannee and Hamilton counties. Its mission is to protect and manage water resources to support natural systems and the needs of the public.

 

The Suwannee River Water Management District's staff tracks water levels throughout the year and uses the data for advisories during drought years.

The latest information was released Thursday afternoon, when Water Management District officials announced that the drop in groundwater levels was primarily due to a long-term rainfall deficit.

According to their reports, 18 of the last 19 months had below average precipitation.

In July, the district received, on average, 6.20 inches of rain; while the average rainfall for July is

7.65 inches. From Aug. 1, 2006 to July 31, 2007, the district had an average rainfall deficit of

16.38 inches, making it the 14th

driest 12-month period since 1932.

The Water Management District issued 79 emergency construction permits for dry wells between

April 1 and July 31 and according to the U.S. Drought Monitor, the area remains in a moderate-to-severe drought.

In November, Water Management District officials issued a Phase I Water Shortage Advisory, calling for voluntary reductions in water usage. That advisory is still in effect.

Then, Megan Wetherington, Suwannee River Water Management hydrologist,

said the drought was a seven-year drought and the area was about nine months into the drought.

Districtwide, she said the biggest rainfall deficit was 16 inches and that was in 1943.

She said one indicator of water distress is where residents may need to have an emergency well permit to dig their wells deeper.

“The well needs to be drilled deeper because the groundwater has dropped,” she said. “We've only issued 11 of those permits this year (2006) compared with issuing 300 during the drought in 2000.”

Local Realtors welcome future at groundbreaking

By AARON LONDON
Staff Writer

There has been very little good news coming out of the housing market in recent months. Until this week, that is.

Despite the continuing downturn in housing, the Flagler County Association of Realtors broke ground Wednesday on a new headquarters. The new building -- to be built on the site of the association's former home on State Road 100 -- has been on the group's agenda since a building committee was formed in 2004, according to Honora Giumenta, association president.

"We went through the whole process of searching for properties and came to the conclusion it would be better off where we are," she said.

Giumenta said the new headquarters will be a two-story structure to accommodate the association's rapid growth.

"We'll have a large room to have our general membership meetings and there'll be lots of education rooms," she said. "Education is extremely important and we use other facilities for education right now, so it will be much easier to be there."

On the same day Flagler Realtors broke ground on their new headquarters, a national homebuilders group announced their measure of builder confidence had fallen to its lowest level in 16 years.

"Builders realize that issues related to mortgage credit cost and availability have become more acute, filtering some prospective buyers out of the market and prompting others to delay their decision to purchase a new home," said National Association of Home Builders president Brian Catalde, in a news release. "Builders are responding by trimming prices and stepping up non-price incentives to bolster sales and limit cancellations, although we're dealing in a difficult market environment."

Locally, Giumenta said, sellers are reducing their askingprices for homes.

While it is too early to tell whether lower house prices will stimulate the housing market, Giumenta said the Realtors group never even considered delaying construction of the new headquarters, even with the slowdown in the housing market.

"The building was always in the works," she said. "Our membership has always been growing and the needs of the members have been growing. There was never a question of not doing it."

Giumenta said she expects the association to be moved into the new building sometime next year.

Density, height change may be left up to Edgewater voters

By MARK I. JOHNSON
Staff Writer

EDGEWATER -- Letting the voters decide the future of Edgewater is the goal of two items coming before the City Council Monday night.

Council members, meeting at 7 p.m. in the Edgewater Community Center, 102 N. Riverside Drive, will discuss a petition drive aimed at limiting construction west of Interstate 95 to one dwelling unit per 20 acres.

The petition was submitted by the Edgewater Citizen's Alliance for Responsible Development, a political action committee founded by resident Dot Carlson.

Carlson believes she has the signatures of enough registered voters -- about 1,600 -- to place a density amendment to the city charter on the Nov. 7 ballot.

"This was prompted by the annexation of Restoration (into the city)," she said.

Restoration is a more than 6,000-acre proposed development between New Smyrna Beach and Edgewater. Developers hope to put 9,866 homes on the mainly timber and hunting property, along with 2 million square feet of commercial development.

"That's a lot of concrete on sensitive lands," Carlson said.

If voters approve the charter amendment, only about 300 homes would be allowed on the land. However, developers could seek a variance to the density cap.

Restoration developer Don Mears Jr. did not return telephone messages seeking comment on the petition drive.

Efforts by Carlson's group also prompted a second charter amendment proposed for the ballot, this one exempting some development from the organization's voter-approved height restriction.

The council will consider an ordinance allowing police and fire stations, hospitals, other commercial and public and semi/public buildings, to be taller than 35 feet.

Condominiums and hotels would be considered residential structures and fall under the restriction. If adopted, the question will be put on the ballot.

In other business, the council is expected to:

· Consider on second reading an ordinance dictating where adult entertainment businesses may locate in the city.

· Review ordinances on second reading that change the land use and zoning of a 79.18-acre parcel south of Taylor Road and Glencoe Road to low-density residential with a conservation overlay and residential planned unit development zoning.

· Look at ordinances on second reading that change land use and zoning of a 20.38-acre parcel south of Two Oaks Drive and north of 27th Avenue, to low-density residential with a conservation overlay and R-3 single-family residential zoning.

Two Major Developments on Bartow Agenda

By Suzie Schottelkotte
The Ledger
The Bartow City Commission will meet at 6:30 this evening to discuss two significant proposed expansions for the city.

The Clear Springs Land Co. is seeking to annex 6,527 acres along Bartow’s southern boundary into the city. The company, which plans to develop the property for commercial, industrial and residential use, already brought about 11,000 acres on Bartow’s east side into the city limits in 2001.

This proposal, if approved, would bring all the Clear Springs land into the city.

City administrators have recommended that the commission approve the measure, saying it would give the city control over how the property is developed.

If the commission gives preliminary approval to the proposal tonight, it will move to a second vote and public hearing at the commission’s Sept. 4 meeting.

Also tonight, the commission will take a preliminary vote on the proposed Wind Meadows South community, a controversial development along E.F. Griffin Road on the city’s northwest side that has drawn opposition from nearby homeowners.

The commission has turned down Highland Cassidy’s zoning request twice already, which has led to two lawsuits seeking the court’s review of the commission’s actions.

The Highland Cassidy development firm negotiated a preliminary agreement with the city last year, only to have the commission reject it.

The two sides are at that crossroads again, and tonight’s vote will be pivotal.

The commission will meet in City Hall, 450 N. Wilson Ave.

Wetlands Issue May Ripple At Polls

Skip directly to the full story.

By ANTHONY McCARTNEY The Tampa Tribune

Published: Aug 20,

TAMPA - Thursday's decision to preserve some local monitoring of wetlands could affect more than just the ponds, mangroves and marshes that the vote seems to have saved.

With three commissioners up for re-election next year, activists and some political watchers say the wetlands issue - and the hundreds of people who turned out in protest - could influence those races.

In June, four commissioners voted to do away with the county Environmental Protection Commission's oversight of wetlands, saying it duplicated similar monitoring programs by state and regional agencies.

Since then, letters, e-mail messages and calls have poured into commissioners' offices, with many of those blasting the vote and urging commissioners to retain some or all of the EPC's wetlands responsibilities.

"I think they have kicked a sleeping bear," said Bob Buckhorn, a former Tampa city councilman who keeps a close eye on Tampa Bay area politics.

Four months ago, while debating another issue, Commissioner Brian Blair labeled some of those who later would spar with him over the wetlands issue, "diehards."

Thursday, the diehards claimed partial victory after commissioners voted unanimously to retain some local wetlands oversight.

They did so, in part, by marshaling a wide group of residents of varying political stripes, including several who said they had never become involved in political issues.

Wetlands supporters used a variety of tactics, including blogs, e-mail chains and YouTube-disseminated satires of commissioners, to help build a groundswell for their position.

"Occasionally in politics there are issues that lay on the surface, almost dormant, and then suddenly their time comes," said Darryl Paulson, a political science professor at the University of South Florida St. Petersburg.

Environmental issues have always ranked as a top concern among Florida residents. But that hasn't necessarily translated at the polls, Paulson said.

The advocacy surrounding Thursday's wetlands vote has the potential to change that, he said.

Campaign Has Set An Example

Residents in other communities could try to duplicate the campaign to save wetlands protection.

"Success breeds copycats," Paulson said.

The challenge will be to keep the momentum of the wetlands fight going for other issues and, ultimately, next year's elections, Paulson said.

"I definitely feel like this is going to be all building toward the elections," said Mariella Smith, an activist who began posting to the Sticks of Fire blog about the wetlands issue.

She said that for years she has communicated with like-minded people through an e-mail chain. But there were many people she never met before the wetlands issue.

The wetlands campaign has increased the ranks of other advocacy groups, such as the United Citizens Action Network, said George Niemann, one of U-CAN's directors.

"So many people, because of the wetlands issue, signed up on the Web site," Niemann said.

U-CAN already is looking to next year's county elections. It is planning on report cards on the three commissioners facing re-election in 2008: Blair, Ken Hagan and Al Higginbotham.

The wetlands fight won't be forgotten, he said.

"That issue was so heated - got such notoriety - that's going to follow them to the elections," Niemann said.

Blair said he doesn't think the wetlands issue will be a liability for him next year.

He has the endorsements of several major groups, including police, firefighters and the Realtors' Association, he said.

"The people you never see are the people that elect you," he said, noting that 350,000 or more votes should be cast in a countywide commission race.

Blair Versus 'Diehards'

It was April when a group of activists stood toward the back of the Hillsborough County Commission chambers, scoffing at the moniker they'd just had bestowed upon them.

"Diehards."

The mock title had been given by Blair to the group, which included activists Niemann, Terry Flott and Vivian Bacca. The group had criticized commissioners for killing an element of the comprehensive plan without taking public comment.

More than 3,000 comments had been received from residents, developers and government officials. Blair questioned whether the comments really reflected a broad view.

"You tend to get the most [comments] from those that are the real advocates in the community and are diehards, the people that come in here continuously, which doesn't necessarily reflect the views of the entire populace," Blair said during the April meeting.

Smith said the spirited battles between commissioners and some residents over the comprehensive plan and the EPC are symptoms of "a county commission that is not at all listening to our constituency."

"I'm picking up dissatisfaction just in the way [commissioners] are so cavalier with the public, the way they treat us in hearings," she said.

Buckhorn, who lost to Blair in 2004, said the groups that showed up in force shouldn't be underestimated. But neither should developers and other groups that can funnel large amounts of money into campaign accounts.

Paulson, the political scientist, agreed.

"Just because you've been successful on one effort doesn't mean that success will last."

Reporter Anthony McCartney can be reached at (813) 259-7616 or amccartney@tampatrib.com.

County To Consider Doubling Builder Fee

By KEVIN WIATROWSKI The Tampa Tribune

Published: Aug 20, 2007

 

NEW PORT RICHEY - County officials are revising the catalog of fees they charge developers to review plans for large projects and land-use changes - a change builders say will further drive up the cost of housing in Pasco County.

The changes were proposed this month in part because the county's planning staff has been overwhelmed by demands for large-scale projects and comprehensive plan changes, Growth Management Director Sam Steffey told commissioners.

The proposal provoked an outcry from builders, who recently have seen the county's transportation impact fees rise dramatically as well.

County officials met with the Pasco Building Association to fine-tune the proposal before county commissioners make the changes official.

Chip Jones, president-elect of the Pasco Building Association, said the changes will likely be one more construction cost passed along to home buyers.

Among other things, the proposal would double to $20,000 the fee for reviewing Developments of Regional Impact - megaprojects, such as Wiregrass Ranch in Wesley Chapel, which can affect the residents of two or more counties. Developers of such projects also will be charged an open-ended fee when the county hires outside consultants to review the DRI's traffic plans.

Another change would charge developers $5,000 when they request an alteration to the county's long-range plan.

The proposal eliminates a variety of smaller fees, ranging from $10 to $600.

Steffey declined to discuss the changes last week, saying revisions to the proposal would be ready in about four weeks.

Reporter Kevin Wiatrowski can be reached at (813) 948-4201 or kwiatrowski@tampatrib.com.

County tables tower disguised as flagpole
By MICHAEL D. BATES mbates@hernandotoday.com
Published: Aug 19, 2007

BROOKSVILLE — You can put lipstick on a pig but it’s still a pig.

Apparently, that old adage applies to communications towers, too.

Clearshot Holdings of Palm Harbor asked county commissioners’ permission at this month’s Land Use Hearing to dress up its proposed 140-foot tower as a flagpole topped by an American flag.

But some neighbors along Deering Street in Spring Hill weren’t buying it.

Four of them attended the hearing to protest the tower’s erection in a slightly wooded section of the grounds at Fellowship Wesleyan Church of Spring Hill, at 11250 Spring Hill Drive.

County commissioners tabled the request until Oct. 10 to give Lauralee Westine, an attorney representing various cell phone companies and tower builders, time to relocate the tower to the northwest corner of the parcel, away from homes and closer to a nearby shopping center.

It also gives county planners time to gather more information regarding the cell tower placement.

Even before the meeting, commissioners heard from disgruntled residents like John and Kristina Cullin, who own a home across the street from the proposed tower.

“Placing such a tower in a neighborhood is asking for unwanted trouble,” the couple wrote commissioners. “The curiosity of it will only lead to possible accidents from kids trying to climb it or even vandalism from graffiti. We also don’t want it to become the new hangout.”

The Cullins also worry the value of their home will decrease.

“Who is going to want a home that has a view of a tower out their front window?” they asked.

But despite resident entreaties, county commissioners admitted they had difficulty finding any legal basis to reject communications towers in residential areas. They are also handcuffed by their own planning staff report that recommended approval.

County Attorney Garth Coller said commissioners can base their decisions solely on competent substantial evidence and could not allow peoples’ emotions to sway their judgment.

Coller said he saw nothing presented at the hearing that was defensible to overturn the staff’s recommendation.

In an unrelated agenda item at the August Land Use Hearing:

Sprint-Nextel withdrew its request to add 6 feet to the height of its 256-foot communications tower off Treiman Boulevard. The company gave no reason for the withdrawal.

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

How much mercury is in your fish?

By NATHAN CRABBE
Sun staff writer

10:56 pm, August 18, 2007

A neurotoxin has been found in unsafe levels in seafood bought in a Gainesville grocery store, in fish caught in local lakes and in the hair of residents.

But the state is failing to inform the public of the danger, some environmental advocates say.

The neurotoxin is mercury, which can damage the growing brain.

The state tests seafood for mercury, but doesn't remove fish with high levels from shelves. The state advises strict limits on eating fish caught from rivers and lakes, but hasn't published the information for three years and doesn't post it on shores.

Dr. Ronald Saff, a Tallahassee allergy and asthma specialist, paid for mercury hair-testing of women there and in Gainesville. The tests found a pregnant University of Florida neuroscientist who avoided fish had a low level in her hair, while a UF database manager who regularly eats fish exceeded the safe limit.

Saff's main goal was using the information to fight coal-fired power plants, which emit mercury. But he said he also wants to increase awareness about health risks.

"The idea is for people to understand that a big portion of our fish is poisoned with mercury," he said.

He supports a Florida Medical Association committee's recommendation made in May. The committee said the state should post mercury warnings and pull high-level fish from shelves. Currently, California is the only state to post warnings in grocery stores and restaurants.

Florida Department of Agriculture and Consumer Services officials say fish is a good protein source, so they don't want to scare people into eliminating seafood from their diets.

"I think we need to be very careful about sending that sort of message," said Dr. Marion Aller, director of the department's food safety division.

The division tests mercury in seafood to meet federal reporting requirements, she said. About 7 percent of 1,000 fish sampled during the past six years showed levels unsafe by U.S. Food and Drug Administration standards, according to division records. Officials caution that the types of fish sampled are typically high in mercury.

Only two samples were taken in Gainesville during that time, both at Albertson's on NW 13th Street in November 2006. A mahi-mahi fillet tested well below FDA limits. An orange roughy fillet tested just above those limits.

While the division can remove unsafe food products from shelves, such as salmonella-tainted peanut butter, Aller said she doesn't support such an approach for mercury.

Mercury poses a different kind of risk, she said, mainly to pregnant woman and children who eat enough fish to accumulate mercury in their bodies.

"It does not represent an immediate threat to life," she said.

Researchers say mercury can cause learning disabilities and other developmental disorders. Because it damages the growing brain, the risk is greatest for pregnant women, women who are nursing and children.

These groups should avoid high-mercury fish such as shark, swordfish, king mackerel and tilefish, according to the FDA. Consumption of other fish should be limited to 12 ounces per week of cooked fish, the agency recommends.

Saff's tests included the hair of Dr. Kendra Siler-Marsiglio, a neuroscientist at UF and president of Women for Wise Growth. Siler-Marsiglio was pregnant at the time of the test and said she had cut back fish consumption six months before becoming pregnant.

Her tests showed a mercury level of 0.43 parts per million - under the U.S. Environmental Protection Agency safe limit of 1 part per million.

"That's probably because I (stopped eating fish) sooner rather than later," she said.

Crystal Goodison, a database manager at UF, tested at 1.2 parts per million. She said she eats fish once or twice a week, including occasional high-mercury species such as tuna.

"It was definitely surprised by it," she said. "It think I'll change what fish I eat."

Greenpeace sponsors testing through a lab at the University of North Carolina-Asheville. A 2005 study found about 23 percent of women of childbearing age who were tested had levels exceeding the safe limit.

About one-third of all people tested in Florida exceeded those limits.

The testing is part of Greenpeace's advocacy against coal-fired power plants. Stopping those plants is a better solution than just warning people, said Christopher Miller, who manages the effort for the group.

"The answer to this question should not be to just tell people to eat less fish," he said.

While Saff agrees, he said warnings are an important way to protect public health. He compares the risk to alcohol and tobacco, noting the warning labels put on those products.

"But we don't have that type of education and awareness for mercury," he said.

On the Web, the Florida Department of Health posts suggested limits for eating fish caught in freshwater rivers and lakes. In Newnan's Lake, for example, the department suggests eating no more than one largemouth bass, bowfin or gar caught there per month.

But the recommendations aren't posted at the lake's boat launch and a couple fishing there last week said they weren't familiar with the limits.

The department printed recommendations in 2004 but hasn't done so since, said Joe Sekerke, a toxicologist who works on the testing effort.

He said the department doesn't post signs because they can be torn down and then people assume the limits are no longer in effect.

"Posting signs is not a cost-effective way to get the message out," he said.

Saff said the state's efforts fall short. Testing fish is meaningless if little is done with the information, he said.

"It just shows the government isn't doing its job of protecting our health," he said.

Nathan Crabbe can be reached at 352-338-3176 or crabben@gville sun.com.

Impact fee issue to be decided

Bill Koch
Staff Writer

TAVARES - Lake County commissioners are scheduled to decide Tuesday whether to hike impact fees in a controversial move intended to make future home and business owners help pay for new roads and road work.

If enacted, the proposed rate increases would make Lake County among the most expensive places in the state to build. If fully implemented, the fee to build a single-family home would become $11,396, up from $2,189. Fees for constructing offices, stores, restaurants, factories and other buildings would also increase significantly, in some cases by more than 400 percent.

The board postponed making a decision two months ago after home builders said they wanted more time to review and challenge the study supporting the increase.

"We just received the final report from Tindale Oliver (in May). We have a consultant on board," Lake County Home Builders Association president Jim Bible told commissioners at the time. "It's just really become known in the last week or two what the significance of the numbers are."

As county officials scratched their heads over where to find money to repair and expand roads, the debate raged over who should incur the cost of growth.

Don Magruder said he

doesn't just dislike the fact that the commission is planning to charge developers more to build homes, offices, restaurants and other buildings. He said he hates the idea that growth should be the only driving force paying for the county's constantly updated infrastructure. "That's a made-up thing by the no-growth people" Magruder said. Growth alone shouldn't have to pay for growth, he believes. "Your increased tax base pays for growth."

As the general manager of Ro-Mac Lumber and Supply in Leesburg, Magruder has been one of the most vocal opponents of the proposal.

Magruder has compared the debate to a battle with the future of Lake County at stake. "This is a fight, and it's going to be a hard fight."

In the other corner are those who argue that the rising tax base from rapid growth won't cover the price tag for the expanded services to meet the county's growth needs.

"We're getting further and further behind," Lake County Public Works Director Jim Stivender said.

The fees, proponents argue, are necessary because of budget shortfalls caused by skyrocketing building costs.

"The impact fee was intended to keep up with the growth, but it was never adopted at a level that captured the true cost of road-building," said Lake Sumter Metropolitan Planning Organization Director T.J. Fish.

The current fees are based on the organization's long-range transportation plan, which calls for $1.6 billion in road building plans over the next 18 years.

Builders point to spiraling cost of construction materials, which have nearly tripled in the last few years.

"Paving a two-lane road in 2000 (cost) $300,000 a mile," Stivender said. "That same mile is now almost $900,000. With the prices tripling it's a huge impact because none of the revenues have tripled."

Tuesday's impact fee hearing begins at 5:05 p.m. following the board's regular meeting at the county administration building, 315 West Main Street.


Sound off on wildlife habitats

August 19, 2007

http://ad.doubleclick.net/click;h=v8/35b4/0/0/%2a/l;127404612;0-0;0;15698678;4307-300/250;22043876/22061766/1;;~aopt=3/2/eece/0;~sscs=%3fhttp://track.dmipartners.com/track3/?c=635&k=524384&f=318

A public meeting will take place Tuesday in Polk County for residents to discuss three proposed strategies for conserving agriculture lands and wildlife habitats.

The Polk Land Stewardship Alliance will put on the meeting at 6:30 p.m. Tuesday in the Bob Crawford Center, 650 E. Main St., Bartow.

Those attending the meeting are asked to comment on expanding the Polk County Environmental Lands Program, modifying land-use policies and transferring development rights.

Growth secretary red-flags Destiny

It would bring urban sprawl to south Osceola, state Community Affairs chief Tom Pelham says.

Daphne Sashin

Sentinel Staff Writer

August 19, 2007

KISSIMMEE

The new city of Destiny as it is proposed would trigger sprawl throughout south Osceola and destroy the area's agricultural economy and rural character, the state's growth management chief says.

In an interview Friday, Department of Community Affairs Secretary Tom Pelham repeated concerns that The Pugliese Co. team is trying to use a state program designed to protect rural lands as a vehicle to build 30,000 to 40,000 homes on 41,000 acres -- more than three times what would be allowed under current land-use regulations.

"It will destroy the rural character of the area, not preserve it," Pelham said of the plans as laid out so far. "It will do nothing to preserve agriculture. It will probably fuel sprawl in all the surrounding areas."

The Destiny team has proposed to set aside half its property for open space -- but that's not unusual, especially where environmentally sensitive lands are involved, Pelham said.

"That happens today in ordinary developments," he said.

Pelham has urged the developers to work with neighboring property owner Latt Maxcy Corp. and other surrounding ranch owners, along with county officials, to make sure any new community would be surrounded by a much larger cushion of conservation and ranchland.

Even if the landowners were to work together, the county would still have to convince the state that a second urban area is needed in Osceola. Contrary to the developer's assertion that the Yeehaw Junction site is "in the middle of everywhere," Pelham said the project is miles from anything.

"Some people would say it's very, very premature to be trying to justify a new city here," he said. "There's no demonstrated need for some new city ."

Pelham said he had concerns about all the huge developments being planned around the state that likely won't be finished for decades. Most recently, the Okeechobee County Commission voted to transmit to the state plans for a new city twice the size of the city of Okeechobee on a 4,600-acre orange grove along Indian River and St. Lucie counties.

"We've got these people coming in with grandiose plans for these big cities. Who knows what kind of problems we're going to have there in 20 or 30 years from now?" Pelham said. "They're going to create infrastructure needs, and people 20 to 30 years from now are going to have to deal with it."

Daphne Sashin can be reached at dsashin@orlandosentinel.com or 407-931-5944.
 

 Bradenton Herald commentary:

Rampant growth needs citizen controls

According to your Aug. 12 editorial, "Chaos at the polls," Florida Hometown Democracy will mean the end of the world. Catastrophe will rain down simply by giving voters a veto over comprehensive land use plan changes that have been approved by a city of county commission. The editorial was chock full of hysterical verbiage like "anti-growth zealots," "bedsheet ballot," "serial job killer," and "vote on everything." Reading it, I couldn't help but think of Mark Twain's apt observation: "A lie can travel halfway around the world while the truth is putting on its shoes."

Florida Hometown Democracy's principle nemesis, the Florida Chamber of Commerce, met with this paper's editorial board. It's too bad that the editorial board did not bother to call me, or anyone else at Florida Hometown Democracy, before it drank the chamber's Kool-Aid. Let me perform a little CPR and set the record straight.

Representative democracy?

The editorial says that we live in a representative democracy and our elected officials vote on comprehensive plan changes after careful study. If we don't like the way they vote, then we kick them out of office during the next election.

Response: We live in a system of mixed direct and representative democracy. Voters are called to vote on taxes, bond issues, etc. If we the people can handle taxes, we can handle growth.

The law is clear that comp plan changes are political decisions that should not be granted unless the public interest is advanced, or at the least not harmed. So what happened? Over the years the growth machine, that special marriage of local government and the development industry, hijacked and redefined the public interest to mean keeping the development machine going. There's so much money at stake, and all they need is a few votes on the commission to make the next bundle. That's why they're so terrified of Florida Hometown Democracy.

Your editorial says campaigning will replace "careful representative democracy." Well, over in Palm Beach County where I live, two county commissioners have been indicted in the past six months for carefully and quietly selling their votes on land use changes to the tune of many millions of dollars. Their corruption only came to light during bitter divorce battles. It made me wonder about all the commissioners who get away with corruption. We'll never know. The point is that too many commissioners have been doing a great job of representing the developers, but what about the rest of us? Let's have a loud, public debate in a campaign over the merits of growth instead of backroom deals!

Vote on everything?

Your editorial predicts a "200-item ballot" when Florida Hometown Democracy becomes law. This tricky deception promoted by the chamber and the development machine requires immediate outing.

First, if your local commission is approving lots of comp plan amendments every year, then your comp plan is completely broken and corrupt. Plans don't mean anything if they are constantly changed. When the Growth Management Act was adopted in the mid-1980s the original intent was that comp plan changes would be few and far between. What happened? When commissions hand out comp plan changes like candy, developers go wild.

Now you know there shouldn't be so many comp plan changes in the first place. Under Florida Hometown Democracy, voters will have a veto only over those comp plan changes that survive commission approval. You will see a dramatic reduction in outrageous, speculative proposals. Most developers will learn to live with the plans, which was what they were supposed to do in the first place.

Serial job killer?

The editorial also says Florida Hometown Democracy will destroy Florida's economy because construction will grind to a halt. If the editorial board had contacted us, it would have known that in 1999 a planner added up all the comp plans in all of Florida's cities and counties and calculated that enough housing had been authorized by all the plans to accommodate over 101 million people! Currently Florida has about 20 million people. The study was eight years ago. How much new growth was authorized during the boom? Add that in.

The truth is that even if the voters turn down every proposed comp plan amendment (which I doubt), we still have enough future growth for over 80 additional million people. Under Florida Hometown Democracy there will be plenty of construction jobs.

If you, like so many Floridians, are sick of the status quo of government of the developer, by the developer and for the developer should go to www.floridahometowndemocracy.com or call 866-779-5513 for petitions to help put this historic reform on the 2008 ballot.

Lesley Blackner, an attorney, is president of Florida Hometown Democracy Inc.

 

For sale: One state, everything must go

By HOWARD TROXLER
Published August 19, 2007

Wipe out 2,000 acres of wetlands in the Florida Panhandle to build an airport?

Sure. We have to do it.

Otherwise, developers might miss a spot of the state. And we can't have that.

Here's what was striking about last week's approval of a $330-million airport northwest of Panama City:

It felt like the year was around 1965, and a bunch of guys in horned-rimmed glasses were bragging about how they were going to Put Florida on the Map.

Florida's governor, Charlie Crist, hailed the airport's approval because, he said, it will "attract new businesses and jobs to grow and diversify the local economy."

(Then Crist went out and appointed a couple more gator rasslers to the Florida Fish, Wildlife and Manatee-Eatin' Commission.)

Realtors predicted the airport would be just the thing for jump-starting the Panhandle's real estate market.

"Once they start turning dirt," one declared, "we'll see things really rapidly escalate."

The St. Joe Co., the Panhandle's biggest developer, wanted this airport and is donating the land for it.

As for Panama City's old, waterfront airport - well, there are big plans for that land, too. They're going to preserve that waterfront for future generations.

Ha, ha! Just kidding. They're selling it to a developer from Pittsburgh. "It's a phenomenal site ... 12,500 feet of waterfront," he told a Pittsburgh paper last week. "You just don't find that kind of acreage in that area available."

No, you don't.

Here's my favorite part of this deal, besides the fact that federal and state taxpayers are paying for it. In return for destroying 2,000 acres of wetlands, St. Joe graciously promises not to destroy another 9,000 acres that lie nearby.

As opposed, one might ask, to what? What were they gonna do otherwise, burn it down? But the company president bragged about this deal protecting some of Mother Nature's "best work."

No matter. It is a done deal. The U.S. Army Corps of Engineers says so.

As for why the U.S. Army Corps of Engineers has such a hatred for Florida and schemes for its destruction, I am not sure. Maybe it dates to the Civil War or something.

In darker hours, I fear that we are just kidding ourselves by worrying about the future of Florida at all. The future was decided a long time ago.

It consists of building something on every vacant piece of land in this state as long as there is a dollar to be made.

No government can stand in the way. In fact, the chief purpose of government in Florida is to help the process along, under the fake name of "planning."

It's true in Hillsborough County, where developers got the County Commission to weaken wetlands protection in a vote on Thursday.

It's true in Pinellas, where the government tries to interpret the words "nature preserve" in an ever more creative fashion.

It's true in Pasco, fast on its way to becoming the County of Shopping Malls.

This is why the Hometown Democracy movement, which seeks direct voter control of growth in Florida, really is such an important battle. The locals, see, voted against that Panhandle airport.

It also explains why the forces of development are so afraid of Hometown Democracy, and will do whatever it takes to stop it. They have not finished paving Florida yet.

Slow death of the good life
Marion County, Florida, is a darn nice place to live. Don't take my word for it. Ask your friends, your neighbors, the people you work with.

I'm so cock-sure of their responses because that's what the County Commission found earlier this year when it hired University of Central Florida researchers to poll more than 600 Marion County citizens to gauge public opinion of how good of a job the commission is doing. The hot-button finding was that 69 percent of the people "think the county has done a poor or very poor job of managing growth and development."

Among the other questions was: "How do you rate the overall quality of life in Marion County - would you say it is very good, good, average, poor, or very poor?"

The researchers weren't surprised when 72 percent rated life here either good or very good, and only 6 percent responded poor or very poor. They said "most people in most communities are generally satisfied with their quality of life."

What the researchers did find unusual, though, was while perceived quality of life tended to be good across gender and age groups, they found that the longer a resident had lived here, the lower they rated their quality of life.

"Surprisingly, the longer a person has lived in Marion County, the lower the perceived quality of life," the UCF team wrote.

So if you have lived here since before 1992 - when, coincidentally enough, the County Commission adopted its Comprehensive Land Use Plan and began formally "managing" growth - you don't have as high of an opinion of Marion County living as those who have migrated here since 2002.

It's surprising, I suppose, because presumably the longer you live in a place, the deeper your roots grow, the closer your connection to the community, the more likely you are to have family and friends to lean on. And, oh yes, there's the prosperity the old-timers have enjoyed as Marion County grew from a rural paradise into a bustling boomtown. Many fortunes have been made on the wave of growth that has washed across Marion County since the 1980s.

Yet those who have seen Marion County change the most, and in many cases caused and benefited from that change the most, like what it has become the least.

Like the researchers, I'm surprised. But then, I, too, remember pre-1990s Marion County. Like the miles and miles of open pastures and woods that stretched in every direction instead of miles and miles of rooftops. Or the pleasant every day expectation that one could drive from the farthest edge of Ocala to the farthest opposite edge in 10 minutes. Or swimming in Silver Springs in water so clear it was dubbed a natural wonder. Or buying land cheap.

Marion County isn't the paradise long-time residents remember because much of our paradise has been lost to prosperity. It's the eternal growth conundrum that we must, at some point, confront. How much of the wealth that comes from relatively cheap and easy development are we willing to sacrifice to try to preserve our good - or very good - quality of life?

The good life has always been a way of life in Marion County. But it's disappearing, and fast. Just ask an old-timer.


Brad Rogers is editorial page editor of the Star-Banner.
Taking conservation to the bank

My response to this quote: "a representative form of government, is the essence of democracy. It has successfully guided our country for 231 years and should not now be compromised" When the government we elect to represent us makes land use decisions that fly in the face of tax-paying citizens who petition for the preservation of their quality of life in favor of large landowners, land use attorneys and growth for the sake of growth, I say they have broken the trust of the electorate. When elected officials ignore their constituents once they are in office, it's time for a different way of making land use decisions.

There's a better way than Hometown Democracy

Jacob V. Stuart

August 19, 2007

Florida, and specifically Central Florida, is the envy of our nation and the world. We have a vibrant economy, temperate climate and quality of life that make this an attractive place to live, learn, work and play.

For these reasons, we have grown at a faster pace than the national average since the 1920s, a trend that is projected to continue over the next 50 years. However, in recent years we have not been wise in how we have grown. At our current pace, Central Florida will develop as much land in the next 45 years as was developed in the previous 440 years.

Some suggest that the solution is to "lock the gates" by creating land-use policies that would make it unattractive for developers to build new homes and for people to relocate to Florida. The "Hometown Democracy" movement embraces this misdirected strategy.

They have proposed a constitutional amendment that would bypass the elected officials who now make land-use decisions and put the decision-making responsibility squarely on the shoulders of citizens. Without providing principles or guidelines to help citizens make educated choices, the likely result is a complete halt of development. This would derail our economy and destroy a taxing structure that currently allows Florida residents to pay less in local and state taxes than residents of most other states.

But there is another option for our future that would not make it impossible to attract new businesses or force our children and grandchildren to look elsewhere for where they will live and work.

During the recent "How Shall We Grow?" campaign conducted in Brevard, Lake, Orange, Osceola, Polk, Seminole and Volusia counties, 20,000 Central Floridians said that we can change our path if we have a shared vision for our future. The Central Florida Regional Growth Vision uses six principles and four themes to create a balance between economic prosperity and our desired quality of life.

Focusing on Conservation, Countryside, Centers and Corridors, the vision focuses development in appropriate locations while maintaining the conservation and agricultural lands that provide our regional character. Additional transportation options and corridors would improve mobility and allow residents more time with family and friends and less time in gridlock.

Regional leaders have already pledged to use the vision as their guide for creating a different future, and it is our responsibility to hold them accountable for their choices and actions. For the vision to succeed, elected officials will have to make tough choices by refusing to maintain the status quo.

Exercising the will of the "combined voices of the people," through a representative form of government, is the essence of democracy. It has successfully guided our country for 231 years and should not now be compromised. If it is our wish, the future for our region and state can be different than our current path; but, instead of trying to "force change" by altering our constitution, we need to work together to help our elected officials and leaders make our collective wishes a reality.


Jacob V. Stuart is the president of the Orlando Regional Chamber of Commerce. He also serves as president of myregion.org, a regional development program.

Owners want to sell key scrub jay habitat, but not for development.

By KATE SPINNER

kate.spinner@heraldtribune.com

CHARLOTTE COUNTY -- The owners of a 6,000-acre ranch are pursuing two ways to keep a portion of their land profitable and out of the hands of developers.

Ryals Citrus and Cattle Ranch, which straddles Shell Creek, wants to set aside 1,650 acres of its property to form a mitigation bank for Florida scrub jays, a threatened bird protected by federal wildlife laws.

But if that plan does not work, or is less profitable, Ryals Ranch wants to sell the property to the county as conservation land.

Andy Dodd, a real estate broker representing the ranch owners, said his client was pursuing both options simultaneously.

And he is making headway, though he is not ready to talk about how much the property is worth.

"This isn't normal, but it's not a normal piece of property either," Dodd said.

Most of the land is Florida scrub, an increasingly rare environment made up of dry, sandy soils and squat oak trees. Scrub lands are attractive development sites, but they are also home to scrub jays, gopher tortoises and indigo snakes -- all rare animals.

Charlotte County Commissioner Adam Cummings said the county was fortunate that Ryals is going after multiple options in hopes of preserving the land.

"We're in the happy circumstance of being able to select from the best among several good options," Cummings said.

The ranch received permission from County Commission members this week to sell its right to develop 16 homes on 165 acres of the land. Once the acreage is deeded as conservation land, the ranch can sell the development rights to developers who want to build more homes than zoning codes allow in the county's urban areas.

The property also needs to have conservation status for it to be used for scrub jay mitigation, for which the ranch would receive additional payment.

Developers would buy into the scrub jay bank in exchange for permission from the federal government to build in scrub jay habitat that is not under conservation.

Because thousands of building lots in Charlotte County are used by scrub jays, developers regularly pay fees for harming the birds.

But so far, none of that money -- which has amounted to roughly $1 million in Charlotte -- has gone to buy scrub jay habitat locally, according to U.S. Fish and Wildlife Service records.

Dodd said the ranch planned to convert the scrub lands into a mitigation bank in phases, as the market for scrub jay credits increases.

That is why Ryals wanted to transfer development rights for only 165 acres, Dodd said.

The ranch is seeking permission from the federal government to use the entire parcel for mitigation at the same time, however.

If the ranch receives permission it will be the first scrub jay mitigation bank in the state. A similar bank is being created for Florida panthers in south Florida.

Meanwhile, Dodd is pitching the same 1,650 acres of Ryals Ranch as valuable conservation land for the county to buy.

Conservation Charlotte, the committee that chooses which properties to buy with a special tax voters approved last year, agrees it is valuable.

The committee recommended that the county start negotiating with Ryals Ranch over a price at its last meeting. The recommendation will soon go to the County Commission for approval.

Greg Klowdin, a member of Conservation Charlotte, said the property is valuable but may be too expensive if the wildlife service approves it for mitigation.

He estimated that developers would pay about $40,000 for a quarter-acre in mitigation credits.

"If we're talking that kind of dollars it certainly behooves the landowner to go mitigation bank and I don't think that's the kind of thing the county could afford," Klowdin said.

The land acquisition program has about $70 million to spend over a 20 year period.

While owning the property would achieve the goal of preserving the land, Klowdin said he thinks the best scenario would be for it to become a mitigation bank.

"We'd get the land preserved and we'd still have money in Conservation Charlotte to buy something else," Klowdin said.

Alaska congressman investigated over earmark

By GREG GORDON and ERIKA BOLSTAD
McClatchy Newspapers

 
WASHINGTON | U.S. Rep. Don Young of Alaska took campaign cash in return for securing $10 million for construction of a proposed Florida highway ramp, a source familiar with the inquiry says.

The highway project would give a windfall to a local real estate developer.

The controversial funding, which was to pay for a study of the potential highway interchange abutting environmentally sensitive land, was slipped into a massive 2005 Transportation Department bill, congressional aides say.

It is among a number of congressional “earmarks” for specific pet projects drawing scrutiny from the Justice Department and an FBI team investigating alleged influence peddling on Capitol Hill, the source said.

As the chairman of the House Transportation and Infrastructure Committee from 2000 to 2006, Young, an Alaska Republican, added earmarks worth tens of millions of dollars to transportation spending bills.

Investigators’ interest in the Florida earmark stems in part from its timing. In the two weeks before and after the earmark was inserted in the spending bill, Young’s campaign and political action committee collected contributions from the Florida developer, Daniel Aronoff, and Aronoff’s lobbyist, as well as a number of other Florida business executives. The Florida donations, mainly from real estate interests, totaled more than $40,000.

Transportation planners in Lee County, Fla., voted Friday to ask Congress to let them use the money instead to widen Interstate 75. They said they had never asked for the interchange money.

Until now, it appeared that an FBI investigation of Young was focused largely on his relationship with Veco Corp., an Alaska oil services company whose executives also have donated heavily to his campaign committees.

A former aide to Young on the transportation committee, Mark Zachares, pleaded guilty last spring to conspiring with disgraced lobbyist Jack Abramoff to buy influence in Washington.

Neither Young nor his defense attorneys responded to requests for comment Friday.

In the beginning: Creating a town

As Ave Maria begins to take shape, questions persist about it’s long-term impact on the environment

Originally published — 9:16 p.m., August 18, 2007
Updated — 9:00 a.m., August 19, 2007

“And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.” — Genesis 1:26

Behind the glittering oratory, manicured lawns and piously titled boulevards at Ave Maria lies a decade-long struggle between developers and conservationists over Collier County’s dwindling open space.

It began in 1997, when the state Department of Community Affairs declared that the county’s growth plan left thousands of acres around Immokalee up for grabs for developers. Two years later, then-Gov. Jeb Bush and the Cabinet ordered the booming county to right its planning ship.

In response, deep-pocketed landowners, including the one that owned the 5,000 acres of farm fields that would become Ave Maria, volunteered to help overhaul the county’s growth plan. Their biggest contribution was hiring the consulting firm that did the legwork for the committee charged with crafting new development regulations.

Today, as students move into their dorms and families settle into new homes in the burgeoning town, questions persist about the way a land forgotten became a paradise found.

Is Ave Maria the answer to Collier’s sprawl woes or will it intensify the problem? And how will a town the size of Naples, in terms of population, coexist with the wilds of the western Everglades?

A controversial plan

For years, the question of whether a new subdivision could be built in eastern Collier was easy to answer: No. An urban boundary centered one mile east of Collier Boulevard protected the area’s citrus groves, pine flatwoods and wetlands from bulldozers.

Then, the development dam broke with the Collier County Commission’s approval of TwinEagles Golf and Country Club on Immokalee Road, three miles east of the urban boundary.

“That was a very bleak time back then,” said Nancy Payton, a field representative with the Florida Wildlife Federation, one of the environmental groups that challenged the TwinEagles decision.

Members of the commission back then included Tim Constantine and John Norris, who were involved in the Stadium Naples public corruption scandal. Both were accused of extorting thousands of dollars in compensation in exchange for votes to benefit the golf course and other real estate projects. Both were forced out of office in 2000.

No allegations of impropriety have ever been lodged in the TwinEagles case, which is unrelated to Stadium Naples.

Elected officials weren’t the only ones getting into trouble. Vince Cautero, Collier’s development czar, resigned that year after a county audit revealed that employees of his department who failed to collect $2.4 million in impact fees from golf courses had gotten free rounds of golf.

State planners seemed to be spoiling for a showdown in 1997, when they objected to a series of proposed amendments to the county’s 1989 growth plan.

The most controversial measure aimed to loosen rules that restricted sewers from being expanded into rural areas, a move critics decried as a recipe for sprawl. DCA officials used the county’s action to launch a larger attack on the growth plan itself.

A final order signed by Bush in June 1999 required the county to devise a plan to protect farm fields and prime wildlife habitat in the so-called “rural fringe” just east of the urban boundary and on nearly 200,000 acres of land surrounding Immokalee. It urged the county to consider, as an alternative to sprawl, creating “urban villages,” “new towns” and “satellite communities.

“It wasn’t, ‘You need to figure out how to stop growth.’ It was, ‘You need to figure out how to plan growth.’”

That’s the essence of what the state’s marching orders were for Collier County, according to Jim Beever, a key state biologist at the time.

“It certainly is a better approach than what Collier County had proposed — which the governor’s office had rejected — which is a continuation of the land uses you see in western Collier County,” he added.

The following year, a coalition of large landowners offered to foot the bill on a $500,000 study that would map the future of their acreage, a plan most county commissioners happily signed off on, citing taxpayer savings. Critics, including Payton, complained that the landowners were operating the study in secret; the planning firm they hired, WilsonMiller, didn’t have to share information with the public because the private company was outside the realm of the state’s open-government laws.

Tom Jones, vice president of government affairs for Barron Collier Cos., said it made sense for his company and other landowners to lead the effort.

“We know more about this area than anyone else, and it seemed for once everyone could get out in front of something. At the time, we didn’t have any development plans. I think the other landowners share the same view: If something’s going to happen here, let’s make sure it’s good for the landowners and good for the environment,” Jones said.

Commissioners appointed a 10-member oversight committee consisting largely of business leaders and community activists with ties to developers.

“People were appointed,” Payton recalled, “but it clearly was people supported by the landowners. Some of them weren’t even residents in the county even though they were deciding the future of the county.”

Payton said the planning effort’s bias toward developers dissipated somewhat after the committee issued its recommendations and a “healing” County Commission was swept into office shortly after the start of the new century. She came to embrace the newly revised growth plan after gaining several concessions from landowners.

In 2002, the Rural Land Stewardship Area was born. The plan creates an elaborate point system that awards credits to landowners for setting aside land for protection, restoring land or keeping it in agricultural production. Developers can buy those credits to build new towns on land that isn’t quite so environmentally sensitive.

Barron Collier Cos. became the first developer to test the new plan. It joined with Domino’s Pizza founder Tom Monaghan to propose a new university and town on 5,000 acres to be called Ave Maria.

By linking the town with a university, the Barron Collier proposal followed a path blazed by Alico Inc. a decade earlier. The agribusiness giant donated the land beneath what would become Florida Gulf Coast University in southeastern Lee County, triggering an explosion of luxury homes and new roads on adjacent lands it still owned. In both cases, universities paved the way.

“These amenities are often included in a development plan to encourage acceptance,” said Beever, now a senior planner with the Southwest Florida Regional Planning Council.

A provision inserted into the growth plan at the behest of one of the landowner group’s attorneys enabled Ave Maria to exceed the 4,000-acre size limit for towns in the stewardship area. “Private post-secondary institutions” were added to a list of types of “public benefits” that wouldn’t be subjected to the criteria.

Under the old growth plan, development on agricultural lands like those that now host Ave Maria was restricted to one home for every five acres. In other words, Ave Maria could have held no more than 1,000 homes. Plans under the revised growth manifesto call for 11,000 homes to be built by 2025 or so.

The entire stewardship area opened the 21st century with 368 homes.

Green by necessity

On a recent balmy afternoon, Tom Jones emerged from his gray sport utility vehicle at the side of Ave Maria Boulevard, the town’s main drag, to show the greener side of his company, Barron Collier, and the town itself. Immediately, he was swarmed by a cloud of gnats.

Will the gnat problem always be this bad at Ave Maria? a visitor asked him. Jones deflected the question with humor.

“What gnats?” Jones asked playfully. “I don’t see any gnats.”

Such is the prevailing attitude in this ready-made town on the edge of the western Everglades: When it comes to nature, you have to make the best of it.

In order to make the property suitable for development, Barron Collier had to carve about 20 percent of the town into retention ponds and use the salvaged dirt to raise the surrounding land between 3 1/2 and 5 feet.

Ave Maria lies just north of Oil Well Road within a few miles of several environmental jewels that defy taming, including Corkscrew Swamp, Big Cypress National Preserve and the Florida Panther National Wildlife Refuge. Camp Keais Strand, a cypress-draped water-catcher stretching from Lake Trafford to the panther refuge, flows along the western boundary of the town.

Standing in front of a sign emblazoned with a picture of a great white heron and the words “Ave Maria Wetlands Restoration Project,” Jones described the evolution of the damp spot. Last March, it was a barren farm field and a Brazilian pepper-infested cypress dome. Now, the cypress is virtually exotic-free, and the field has been scoured into a wetland festooned with freshly planted pickerel and bulrush.

“I think what we’ve created is a much broader feeding and nesting area” for birds, Jones said, adding that such restoration costs about $10,000 an acre.

The project is one of many at Ave Maria aimed at fulfilling a federal mandate to restore 160 acres of wetlands in the town. Once completed, a system of pipes and swales will carry treated runoff from the town’s neighborhoods into the wetlands and, finally, into Camp Keais to the west.

Barron Collier’s environmental obligations don’t end at the town’s boundaries. Under the county’s land stewardship program, the company has stripped the development potential off some 17,000 acres of land it owns, mainly east of Immokalee. Although the threat of new homes and storefronts has been removed, the company can continue to raise cattle and crops on much of that acreage for as long as it wants.

Federal rules also require Barron Collier to restore a 575-acre spit of nature called Catherine Island, south of Oil Well Road. There, workers are spraying foreign vegetation and installing a total of eight pipes beneath two farm roads to revive flows in Camp Keais. The company also is tearing out old farm fields to widen another section of the strand by 600 to 800 feet.

Such efforts weren’t good enough for the environmental group Defenders of Wildlife, which threatened to sue last February over the destruction of 5,000 acres of panther habitat. Between July 2002 and June 2003, a total of 19 panthers had established ranges near the Ave Maria site, northwest of the intersection of Oil Well and Camp Keais roads, Defenders asserts.

“We don’t think the (U.S. Fish and Wildlife Service) did an adequate job of looking at the cumulative impacts it had,” said the group’s Florida representative, Elizabeth Fleming.

“If you’re having towns with 24,000 people, that’s a huge new town planned for an area with no infrastructure whatsoever. You have to increase the capacity of the roads and put all the things people want out there like gas stations, and Target and Home Depot and Publix. I don’t see that as retaining a rural character,” she added.

Fleming declined to discuss details of the settlement talks until they are finalized.

If a project threatens the survival of an endangered species, Fish and Wildlife can issue what it calls a “jeopardy opinion,” effectively shutting the project down. The agency, however, has never issued such an opinion for the panther.

“A project of this magnitude did raise concerns and did bring about rigorous discussions,” said Paul Souza, head of Fish and Wildlife’s Vero Beach office. “At the end of our analysis, (Ave Maria) did not rise to the level of jeopardy.”

Jones said he hopes some good can come of the lawsuit. He wants the federal government to delineate areas to be set aside for panther paws.

“We certainly didn’t want to do anything that pushes the panther further down the road of extinction it was on at one time,” he said.

The growth plan’s success will be judged by what happens next, said David Guggenheim, who was president of The Conservancy of Southwest Florida when the bureaucratic foundation for Ave Maria was laid.

“Growth can be insidious, happening bit by bit, until one day you stand back and say, ‘Man, how did this happen?’” he said in an e-mail. “That’s the frightening pattern we’re seeing around the country. For Collier County, I’m hopeful (that pattern won’t be repeated), but far from convinced.”

Next year, a new commission-appointed committee is due to evaluate the progress that the 5-year-old rural stewardship area has made and suggest revisions. In the meantime, another large landowner, Collier Enterprises, has come forward with another new town proposal, this one called Big Cypress and planned with more homes (25,000) on more acres (8,000) than Ave Maria.

Ave Maria’s key figures

Tom Monaghan

Age: 70

Home: Ave Maria and Naples.

Title: Founder and chancellor of Ave Maria University

On AMU: "I felt that there was a need for a Catholic school that didn't compromise its faith, and didn't compromise its academics, either. I think we're off to a pretty good start."

Background: Rags-to-riches AMU founder Tom Monaghan transitioned from orphan to multimillionaire after creating Domino’s Pizza, among the first fast food chains to deliver to customers at home. Monaghan traded an ornate lifestyle for a humble, religious living after reading “Mere Christianity,” by C.S. Lewis.

In 1998, Monaghan created Ave Maria College, in Ypsilanti, Mich. Failing to gain the proper permits to expand in his hometown, Monaghan moved the school — and himself — to Naples, where Ave Maria University will be surrounded by a new town sharing its name and many of its values.

Blake Gable

Age: 36

Home: Naples

Title: Vice president of real estate for Barron Collier Cos. and project manager for the Town of Ave Maria

On Ave Maria: “We saw this as an opportunity to change the face of eastern Collier County and something that will be a benefit for the entire region.”

Background: A native Neapolitan with deep roots in Collier County and with county developer Barron Collier Cos., Gable has evolved as the point man for all things related to Ave Maria town since taking on the project in early 2003. Gable joined the Barron Collier Cos. in 1999. He is a fourth-generation Collier and son of current board chairman Lamar Gable. He is a graduate of Naples High School, Tulane University (La.) and Florida Gulf Coast University’s Master’s in Business Administration program. Prior to joining Barron Collier Cos., Gable was a legislative director for U.S. Rep. Ed Pastor, D-Ariz.

Looming legal difficulties tarnish Broward sheriff's polished image

By JANE MUSGRAVE

Palm Beach Post Staff Writer 

Sunday, August 19, 2007

When former state Rep. Suzanne Jacobs watched Broward County Sheriff Ken Jenne on television this month, tearfully pledging to hunt down the "thugs" who killed one of his deputies, the suburban Boynton Beach resident thought: There's the Ken Jenne I know.

Passionate. Tenacious. Articulate. Unequivocal. Strong. 

"He was always so focused on the important things," she said.

But Jenne's justice-will-prevail-attitude that played so well in the days following the shooting death of Wellington resident Chris Reyka belies a dark side of the once-legendary lawmaker, according to federal prosecutors.

By the end of the summer — possibly as early as this week — a federal grand jury is expected to indict the former state political heavyweight for using his powerful position as Broward County's top cop for his personal gain.

The 60-year-old Lake Worth High School graduate, who is credited with modernizing both local and state government, giving South Florida clout in Tallahassee and helping put Florida Atlantic University on the map, is accused of using his considerable influence and connections to line his own pockets.

"That," Jacobs said, "is not the Ken Jenne I knew."

Like others who watched Jenne amass power and influence over the years, Jacobs said Jenne always seemed to be the archetypal public servant — the kind who cared about making the state a better place to live rather than angling for ways to get himself better digs.

"I never questioned, nor do I now question, his integrity," said West Palm Beach attorney and former state Senate President Harry Johnston.

Told of Jenne's looming legal troubles, Jon Moyle, a prominent former West Palm Beach attorney and onetime Democratic kingmaker, agreed.

"He would be on my least likely list, and he would be way at the bottom," Moyle said from his home in the Florida Panhandle.

Moyle, a former member of the now defunct Board of Regents that oversaw the state's university system, tussled regularly with Jenne in the 1990s, when the Broward lawmaker was adamant that his home county become home to the state's 11th university. Jenne's insistence was so pervasive that critics derisively referred to the proposed university as "Ken Jenne U."

He lost the battle when Moyle and then-university Chancellor Charles Reed came up with a plan to expand Florida Atlantic University into Broward County. Ultimately, Moyle said, Jenne became a huge backer of the expansion and was instrumental in the creation of FAU's honors college in Jupiter.

Johnston, who became a close friend of Jenne's, said his interest in higher education was born of personal experience.

"I don't think Ken was born with a silver spoon in his mouth, and he realized what an education can do and how important it is," he said.

Longtime ties to Lake Worth

In fact, Jenne's family moved to Lake Worth in the 1920s when the city that now boasts of being "Where the Tropics Begin" barely had 5,000 residents.

Living at 223 North C St., his grandparents raised six children. Jenne's father, Kenneth Sr., had one son by his first wife, then remarried. He ran the city's electric plant and Jenne's mother, Virginia, worked for the Palm Beach County Clerk of Courts. Kenneth Sr. was also an inventor, said John Adair, an engineer who lived nearby.

"You know that little screw you put in the yard to hold a dog's leash?" Adair said. "He invented that," along with various electrical devices.

In the 1940s, Kenneth Sr. got a job with a utility company in Connecticut. Kenneth Jenne II was born in New Haven in 1946. Eventually, however, the family moved back to Lake Worth.

Marilyn Rautio, a supervisor in the toxicology department at Boca Raton Community Hospital, remembers Jenne as a classmate at Lake Worth Junior High School and later at Lake Worth High School.

They were both members of the roughly 300-member graduating class of 1964, and Rautio remembers that Jenne was involved in the debating club. "He seemed to be one of the smart kids," she said.

She said she wasn't surprised when he became a political juggernaut. He always seemed to have political ambitions, she said.

That ambition became reality at Palm Beach Junior College, where he became student government president. He ultimately graduated with a degree in political science from Florida Atlantic University and got a law degree from Florida State University.

Out of law school, he took at job at the Broward County State Attorney's Office, where he and fellow rookie prosecutor Bob Butterworth became known as Batman (Butterworth) and Robin (Jenne) for cracking down on corruption in the county building department.

Butterworth went on to become a judge, Broward sheriff and one of Florida's most respected attorneys general. Gov. Charlie Crist recently crossed party lines to appoint Butterworth to clean up the perennially beleaguered Florida Department of Children and Families.

Jenne, meanwhile, got his big political break at 28 when he was named executive director of a committee that was writing Broward County's first charter.

When Palm Beach County embarked on the same course several years later, Jenne was the natural person to call for advice, said attorney Dennis Koehler, who spearheaded the effort as a county commissioner.

"Ken was a big help to me as a county commissioner as I was putting together pro-charter information," Koehler said last week.

In fact, he said, had he listened to some of Jenne's advice, the charter may have passed sooner than it did. Jenne warned him not to mess with constitutional officers, to let them remain independent. A proposed charter that would have put the tax collector, property appraiser and others under control of the county commission was defeated soundly when the angry and politically powerful officeholders campaigned against it. Four years later, in 1984, a revised version that kept the other officeholders independent passed, Koehler said.

"Ken warned us, but we knew better, of course," he said.

Johnston said Jenne's political savvy was unsurpassed. "It was almost like a sixth sense."

During the two decades he spent in the state Senate, where he initially represented parts of western Palm Beach County, Jenne rarely ran from a fight. He never hesitated to mix it up with powerful North Florida lawmakers, who controlled Tallahassee during his early years, or Republicans, who eventually seized control, Johnston said.

"He was fearless," he said.

And, some who were victims of his bare-knuckle tactics would say he could also be ruthless, publicly humiliating opponents who got in his way or just to remind them not to mess with him.

Johnston said he had mixed emotions when Jenne in 1998 accepted an appointment from Gov. Lawton Chiles to become Broward County sheriff, replacing Ron Cochran, who died of cancer.

"It was an ominous thing," Johnston said.

Many publicly wondered how Jenne, then making nearly $1 million a year as a partner in a prominent Fort Lauderdale law firm, would handle what turned out to be a nearly $800,000 pay cut.

During the past several years, the answer became clear: not well. His net worth plummeted, according to financial disclosure forms filed with the state ethics commission.

Sells stocks and land

Since 1998, the father of two adult children has sold stocks and land and even cashed in more than half of a life insurance policy to supplement his sheriff's income, which is now $169,800 annually. His bank accounts fell from $174,424 to $14,723 in 2002.

He also set up two companies, one with two of his top lieutenants. Reports of his outside enterprises, which made a reported $64,000, prompted then-Gov. Jeb Bush to order an investigation by the Florida Department of Law Enforcement in April 2005.

The U.S. Attorney's Office convened a grand jury in February to look into his outside business deals, including reports that a developer had used one of Jenne's secretaries to funnel a $20,000 payment to him and that a second was used by another businessman, with ties to the sheriff's office, to pay him $5,500.

Ironically, given what has been described as his family's decidedly middle-class status, deals he made on Lake Worth land he inherited from an aunt also raised eyebrows. A prominent Broward County developer gave him a $60,000 mortgage on a vacant lot at 814 N. J St. that he inherited from an aunt who died in 1992, according to Palm Beach County records. The lot, coincidentally, has been the subject of numerous code enforcement violations over the years, costing him several thousand dollars in fines.

Jenne has refused steadfastly to discuss investigations swirling around him. His attorney, David Bogenschutz, also has declined comment.

But those who consider him a friend say the allegations are sad.

"I thought the world of him, and I still do in terms of his dedication to public service," said U.S. Rep. Robert Wexler, D-Delray Beach, one of numerous former state lawmakers who described Jenne as a mentor.

The allegations are particularly troubling, given the events of the past year, others say.

Longtime U.S. Rep. Mark Foley, a fellow Lake Worth High School grad, was forced to resign in September amid allegations that he made sexual advances to congressional high school pages. More recently, former West Palm Beach city Commissioners Ray Liberti and Jim Exline and County Commissioner Tony Masilotti were sent to prison, having pleaded guilty to charges stemming from ethical breaches.

Former County Commissioner Warren Newell is awaiting sentencing after admitting that he used his office for personal gain. Respected land use attorney William Boose is also awaiting sentencing after admitting to helping Masilotti craft and conceal a dirty land deal.

Moyle said he has a hard time believing Jenne is in legal trouble. But then, he said, he's had to scratch other names off his "least likely" list.

"Like Ken Jenne," Moyle said, "I always thought very highly of Bill Boose's ethics."


State tells landowners to work together in big plans for south Osceola

Daphne Sashin

Sentinel Staff Writer

August 16, 2007

KISSIMMEE

Two groups with grand plans for south Osceola must work together, the state's development agency has told the county.

Neighboring property owners Pugliese Co. and Latt Maxcy Corp. each want to develop tens of thousands of acres around Yeehaw Junction.

Representatives of the two groups, the county and the state are scheduled to meet next month to make sure they are on the same page.

Department of Community Affairs Secretary Thomas J. Pelham suggested the meeting after it became apparent that "the two landowners are not coordinating and cooperating with each other," he said in a letter to Osceola Commission Chairman Ken Shipley.

The DCA, which must approve the project for it to go forward, maintains it would not support a new city solely on the 41,000 acres that comprise Pugliese's project or the 55,000 acres that make up the Latt Maxcy project area.

The companies have separate agreements with neighboring ranch owners.

Pelham has also told the county his agency would not approve multiple smaller towns.

The landowners must combine forces -- along with several adjacent ranch owners -- to create an economically sustainable city that is buffered by many miles of conservation land, Pelham has told the county.

That is the only way to control sprawl, preserve the area's rural character and sustain what is left of the agricultural economy.

"He simply doesn't see how you could do that with a single landowner and a single property," Osceola Smart Growth Director Jeff Jones said Wednesday. "You have to go bigger than that."

The state doesn't want to see the county's southern landscape dotted with small towns or villages that lack an employment base -- forcing their residents to commute to other metropolitan areas, such as Orlando .

"That's almost the classic definition of urban sprawl," Jones said.

Likewise, environmental groups such as Audubon of Florida support the bigger-picture approach because they would rather have a single urban area with lots of open space than risk having the land developed in smaller chunks.

In the next couple of months, Jones will begin working with the two teams and other adjacent property owners, who collectively control 129,000 acres between Kenansville and the county line. They must figure out where development should occur, which areas should be set aside for protection and which should be maintained for agriculture.

Daphne Sashin can be reached at dsashin@orlandosentinel.com or 407-931-5944.

County tilts away from paradise

By PAMELA HASTEROK
FRESH
TALK

If you needed evidence that Volusia County 's green paradise is lost to the bulldozer, the loss of Paradise himself seems evidence enough.

The county's senior planner, Ron Paradise, a veteran of 19 years, was forced out of office earlier this summer. Montye Beamer, the head of the county's growth management department, retired soon after.

Both were viewed as employees who worked not just to manage the county's extensive natural resources and lands, but to protect them.

And now they're gone.

Environmentalists see a plot to rid the county ranks of their most effective supporters. Further, they contend the firing of Paradise is a visible signal that the council and its administration would rather accommodate developers than protect rural land.

But suggest to County Manager Jim Dinneen or Council Chairman Frank Bruno that the county is becoming more pro-development and you'll get a heated litany of denials from the first and an angry tirade from the second.

Dinneen minimizes the loss of Paradise and Beamer as insignificant to the county's mission. They were merely two employees like any others and they'll be replaced.

Bruno, normally a gracious and composed man, loses his cool at the mention of a council less committed to controlling development. He points to council members returning the contested Leffler property to a map restricting urban growth as proof of the council's fealty to the environmental cause.

Obviously it's a hot topic. In Florida , political careers rise and fall on the care or neglect of the local environment.

So what does it say when the county axes the man who was the public face of Volusia county's planning efforts, the one guy residents trusted?

"When we called the county for information, we called Ron," said Michelle Moen, a member of the county's soil and water board. "Think of all the information that walked away with him."

People inside and outside the county administration say Paradise found himself in trouble when he got on the wrong side of powerful local developers. Insiders say he may have gone too far, placing restrictions on them that went beyond what was required.

He lost the confidence of his superiors because he was in general too pro-environment and in particular, too rigorous in trying to protect the St. Johns River from city-style development in the county's comprehensive plan.

Dinneen denies it.

Paradise doesn't.

"I had the impression that my views on that led to me being viewed as no longer a part of the county's planning team," he said.

Moen sent a letter to the state inquiring into Paradise 's removal and questioning whether the stronger regulations he proposed will be upheld.

As for Beamer's leaving, the stories differ. Some speculate Dinneen asked her to go because she refused to rein in Paradise . Others say she left because she didn't want to head a department she believed was going in the wrong direction. Beamer herself says she simply wanted to retire.

From where I sit as a longtime resident and lover of Florida , losing two people so central to guiding our county's development feels like the other shoe just dropped.

It feels like the shift from a previous council and administration committed to guarding every inch of unincorporated land to one intent on giving it away is complete.

It feels like one more way we're losing paradise.

pamela.hasterok@news-jrnl.com

-- Call Hasterok at (386) 681-2223.

Ugly Process Aside, Hillsborough Makes Right Call On Wetlands

The Tampa Tribune

Published: August 17, 2007

The process wasn't pretty, but Hillsborough commissioners did the right thing Thursday by unanimously agreeing to preserve local oversight of wetlands while improving the permitting process for people who want to develop their property.

It's unfortunate the public-comment process came unglued again, given that this was the third overflow crowd that showed up to speak on the issue. You'd think someone at County Center would know how to manage a crowd without increasing stress levels for all involved.

It was also disingenuous for commissioners to suggest they never wanted to kill the county Environmental Protection Commission's wetlands division. True, it took their initial vote to force the EPC staff to identify improvements long resisted. But make no mistake about it - a vote against local control was a vote against local control.

And it's regrettable that EPC Director Rick Garrity painted a target on his division by failing to improve the way it worked over the years, improvements he knew were needed.

Still, most of the players redeemed themselves on Thursday's public stage.

With a process-improvement plan that maintains Hillsborough's highest standards of protections, the low-key Garrity showed he may be capable of leading his department through the change process. He estimates that Hillsborough's high standards have added 1,100 acres of wetlands over the last 20 years.

Starting with his opening prayer, EPC Chairman Brian Blair evidenced a humility that suggested he, too, had listened and learned. Blair didn't mention that someone had spray-painted an ugly message on his house and dumped garbage in his driveway. Thankfully, as word of the vandalism spread, even opponents spoke out in disgust. It was heartening to see people agree that that's not how we settle differences in Hillsborough County .

Commissioner Jim Norman, clearly frustrated with Garrity's leadership, remained somewhat combative, noting that EPC had ignored 41 complaints from commissioners over the years. Long after the mood of the room had changed, he continued to argue that EPC is not the only agency that regulates isolated wetlands of half an acre or less.

If an endangered species is present or water quality is affected, the Southwest Florida Water Management District will step in. But minus that, Norman failed to note that Swiftmud allows developers to fill half-acre isolated wetlands without building replacement marshes somewhere else.

Some citizens had suggested that a blue-ribbon commission be appointed to study the matter, a suggestion that came too late. If citizens trust the wetlands division, they should trust Garrity when he says this plan will protect wetlands without putting people through endless hoops to build something on their property.

Besides, people will have plenty of opportunity to weigh in over the next nine months, as the EPC goes through the process of amending its rules.

Let's hope that next time, someone at County Center figures out a better process for listening to the public.

Amid uproar, tide turns in wetlands protection fight

Commissioners drop a controversial plan.

By MICHAEL VAN SICKLER, Times Staff Writer
Published August 17, 2007

TAMPA - Facing a throng of 300 residents who overwhelmingly supported Hillsborough County 's environmental agency, commissioners Thursday backed off plans to eliminate the agency's role in protecting wetlands.

Instead, commissioners unanimously approved a compromise that cuts five positions at the agency and speeds up the review of building projects - an olive branch to developers who say the Environmental Protection Commission takes too long to approve permits.

The vote was a victory for the EPC's executive director, Richard Garrity, who said the compromise was practical, making his agency leaner and more cost efficient without sacrificing the protection of wetlands.

"It doesn't satisfy everyone," Garrity said. "But it makes us better."

It shaves $367,000 in salaries while clarifying many rules developers must follow. It sets up an advisory committee of developers, farmers and scientists who will help shape policy and enforcement. It exempts certain small wetlands from regulation, while consolidating some agency approvals into a "one-stop" process for developers.

The compromise caps two months of mounting public pressure on four commissioners - Brian Blair, Ken Hagan, Jim Norman and Kevin White - who initially voted to eliminate the $2-million division. They also endured a withering public hearing in July during which a majority of residents criticized them. Commissioners Rose Ferlita, Al Higginbotham and Mark Sharpe opposed the move and skirted the negative e-mails and phone calls from EPC supporters that bombarded the other commissioners in recent months.

White tried to convince a skeptical crowd Thursday that he wasn't changing his mind. He made the motion in June to abolish the wetlands division, but he said he did so to spur compromise.

"I'm developer friendly and environmentally friendly," White said. "Yes, it was unpopular to make that motion. But it got us here today."

The crowd wasn't buying it. Marcella O'Steen, president of the Balm Civic Association, said White was trying to "spin" his earlier vote to avoid political embarrassment.

"You made the motion to eliminate it," O'Steen said, as many residents applauded. "Don't tell me otherwise."

According to the transcript of the June meeting, here's what happened:

"I don't know if this will go anywhere," White said. "I'd like to propose a motion that the administration move to eliminate the duties of the EPC regarding the wetland division." Hagan seconded, and only later did Norman add that before eliminating the agency, they would consider a compromise by Garrity.

Norman credited that controversial vote, and Blair, for Thursday's result.

"We never would have gotten here without those four votes and the leadership of Blair," Norman said. "It was a bold move."

Twice, Norman told the crowd that commissioners "weren't in the pockets of developers," refuting a daylong parade of allegations from residents.

Blair noted that he had "taken a lot of bullets. There's no doubt about that."

Higginbotham and several pro-development speakers vaguely mentioned a vandalism incident at Blair's home, intimating that EPC supporters were behind it.

"I'm unhappy about the reports I've heard firsthand and in the paper about the unnecessary vandalism and the targeting of your home from people who oppose your position," Higginbotham told Blair during the meeting. "I just hope if anyone here has influence and can speak to folks who advocate your cause, you can discourage that because it doesn't help."

But Blair apparently didn't tell county law enforcement about recent threats or vandalism. The last time he enlisted the help of Hillsborough County sheriff's deputies, it was to report kids pelting his Forest Hills home with eggs, said sheriff's spokeswoman Vida Morgan. But that was May 5, before the June vote to end the wetlands division.

Cam Oberting, a Seffner resident, felt compelled to clear EPC supporters from suspicion.

"I'm very sorry about the vandalism," she said. "But it's all over the county. I guarantee you nobody in this room, the environmentalists, did that to your home."

Nearly 100 residents were listed as speaking on behalf of keeping the EPC intact. Many people scheduled to speak in opposition to the EPC, such as developer David Campo and attorney Keith Bricklemyer, left early. Developer Stephen Dibbs, who campaigned against the agency for most of the year, didn't speak either.

As the consensus built during the day, the tide turned, and elimination was no longer a threat by noon. In fact, by the afternoon, most residents wanted to make no changes and form a committee recommended by former Commissioner Jan Platt.

The crowd's confidence grew, and months of frustration with the commission spilled out.

Janet Kovach of Riverview told commissioners they had lost the public trust and asked that Blair resign.

"You don't have the skill sets to sit on the commission," she said.

After such a showing, EPC supporters were disappointed that commissioners chose the compromise, which many residents say may further weaken protections by speeding development reviews.

"I don't feel like celebrating at all," O'Steen said after the meeting. "They never even considered not doing anything and instead chose to go with the compromise. This is not a victory."

Times staff writer Michael A. Mohammed contributed to this report. Michael Van Sickler can be reached at 813 226-3402 or mvansickler@sptimes.com

Drought continues as groundwater levels drop; conservation urged

— Extremely low groundwater levels were
recorded throughout most of the Suwannee River Water Management District
in July, with 16 monitoring wells dipping to historic lows and 34
wells experiencing new monthly record lows.
The district issued 79 emergency construction permits for dry wells
between April 1 and July 31.
The entire District remains in a moderate-to-severe drought, according to
the U.S. Drought Monitor.
Although the National Weather Service Climate Prediction Center is expecting
conditions to improve by the end of November, the District is urging the public to conserve water.
District officials say the drop in groundwater levels is due
primarily to a long-term rainfall deficit. Eighteen of the last 19 months
had below-average precipitation. In July, the District received, on average,
6.20 inches; average rainfall for July is 7.65 inches. From August 1, 2006
to July 31, 2007, the District had an average rainfall deficit of 16.38
inches, making it the 14th driest 12-month period since 1932.
In mid-July, the New River at Worthington Springs, the Suwannee
River at Ellaville, and the Santa Fe River at Fort White fell to new
apparent historical low levels, and a new monthly low record was set for the
Econfina River near Perry.
Flows below the 5th percentile for July were observed in the middle
and lower Suwannee, Santa Fe , Withlacoochee , Econfina, Steinhatchee and
Alapaha rivers.
The Phase I Water Shortage Advisory declared by the District
governing board in November 2006 remains in effect, and calls for voluntary
reductions in water use. The District offers these simple ways to conserve
water:

Outdoors:

* Water lawns and landscapes no more than two days a week, before 10
a.m. or after 4 p.m.
* If you must wash your vehicle or bathe your pet, use an automatic
shutoff nozzle on the hose.
* Use a broom, not a hose, to clean debris from sidewalks and
driveways.
* Landscape with drought-tolerant plants.

Indoors:

* Fix leaks and/or install water-saving devices on toilets, faucets
and showerheads.
* Wash only full loads of clothes and dishes; select the minimum
water-volume setting needed per load.
* Don't leave the faucet running while brushing teeth, shaving, or
washing dishes.

For more water-saving tips and information about Florida 's drought, visit
www.dep.state.fl.us
/drought. For current rainfall data, and river, lake and groundwater levels within the district, visit www.mysuwanneeriver.com> www.mysuwanneeriver.com

Foreclosure Begins On Lake Rachard Development

By Douglas Carman of Highlands Today

Published: August 17, 2007

LAKE PLACID — The developer of the stalled Villages on Lake Rachard development defaulted on its $4 million loan, causing his bank to begin foreclosure proceedings against the development.

Heartland National Bank filed a suit Tuesday against Lake Rachard Estates and developer Greg Arnone, alleging that Arnone did not complete a $1.08 million "balloon payment," or final payment to finish the loan, according to the complaint filed by the bank to the Highlands County Clerk of Courts.

The documents also indicate that Arnone missed a combined $34,015 in payments for the months of January and February. Arnone and Heartland National Bank made an extension agreement in March where Arnone paid that overdue debt, requiring him to set aside $400,000 in an escrow account and for the loan to be paid in full by June 15, 2007, rather than the original maturity date of June 29, 2008.
Arnone said Thursday that he still thought that he could settle the debt and get the Villages of Lake Rachard built.

"All I can say is that we believe that this is a vision that was given to us by God," he said. "We don't think that vision has changed."

He added that his other development near Lake Sirena , which was in the early planning stages, will not be affected by the foreclosure proceedings, calling it an entirely separate project.

Bert Harris, who is representing Heartland National Bank, declined to comment on the foreclosure.

In July, Harris, who is also Lake Placid's Town Attorney, engaged in a strong verbal confrontation with Arnone's attorney over the developer's preliminary platting for his Lake Sirena development. Arnone insisted that there was no connection between that incident and the current foreclosure, and even denied that there was any "flare-up" between the two.

The Village on Lake Rachard was one of the largest proposed developments in Lake Placid .

Mayor Tom Katsanis said he was looking forward to it, but realizes, "right now of course, it's in jeopardy."

Katsanis thought Arnone was caught up in a bad housing market, and the development was moving along just fine until then.

"The infrastructure was there, they were almost ready to start building houses," Katsanis said. "He had a beautiful idea."

Historic area resident sues Delray over OK

By DIANNA SMITH

Palm Beach Post Staff Writer

Friday, August 17, 2007

DELRAY BEACH A homeowner in the Marina Historic District is suing the city for allowing the construction of a 9,464-square-foot house in her neighborhood.

The city's historic preservation board approved plans for the house along the Intracoastal Waterway, but resident Claudia Willis asked city commissioners in June to appeal the board's decision because she believes a two-story house of that size would be inappropriate in the Marina District , where many one-story contributing historic homes line the streets. Historic district guidelines say new construction must be compatible.

Commissioners denied the appeal, even though Historic Planner Amy Alvarez recommended they support it.

Attorney Elaine Walter of Shubin & Bass PA in Miami , who is representing Willis, said they are asking the court to force the city to reverse its decision because, Walter said, the city is not following its own design guidelines for historic districts and the construction is inconsistent with the city's comprehensive plan.

Willis, who lives within 500 feet of the property, would not comment for this story.

In the city's written response to the lawsuit on Wednesday, the city provided more than 60 pages of evidence showing that the project is compatible with homes in the Marina District and that it complies with city laws.

Mayor Rita Ellis was the only one to vote against the plans.

"Sure, it's a big house on the Intracoastal, but it's in a historic neighborhood. This is our opportunity to protect those neighborhoods," Ellis said.

"When it comes down to where individual people are willing to spend their own money because they believe preservation is critical to the community, you have to take a step back and take notice," she said of the lawsuit.

Living Color Property Development Group owns the property at 706 S.E. Second St . The group originally proposed an estimated 11,000-square-foot house, which included a three-car garage and terraces, but residents complained to commissioners, so the development group decreased the size.

Tom O'Reilly, of Living Color, has said that the property is hidden and can only be seen from the Intracoastal.

Commissioner Gary Eliopoulos, a local architect, supports the plans because he said the house is designed so that the square footage shouldn't be an issue.

"I've tried to explain to them that in reality, you don't see square footage," he said of the residents opposing the plans. "They don't understand. If a house is designed with proper height and proper proportions, it reduces the massing size. It's not impacting the way people think it's going to be."

Building in the city's five historic districts has been a hot button issue in the city the past two years as residents struggle to keep the districts' charm while developers begin to demolish homes so they can build larger ones.

The city has been working for more than a year to create tighter guidelines for the historic districts, but commissioners already have denied them once because they said there were too many unanswered questions. The revised guidelines are once again making their way through the advisory boards and are expected to come before commissioners in September.

Masilotti hosts crowded pre-pen cookout

By JOSE LAMBIET

Palm Beach Post Staff Writer

Friday, August 17, 2007

Described as "anxious but hopeful," former Palm Beach County Commish Tony Masilotti spent his last hours of freedom grilling lobster tails on his gas barbecue and playing volleyball with guests at his Welly home.

Even more Tony-esque: He watched Susan Masilotti, the ex-wife whose divorce filing accelerated his fall from grace, mingle with the gal pal he'd been seeing secretly on and off while still married, former water district employee Renee DeSantis.

"Susan and Renee got along just fine," said one of Masilotti's house guests, who asked not to be named. "They were talking to each other for a long time."

Another political insider confirmed that, wearing a barbecue-stained shirt, Masilotti welcomed about 30 people to his Sunday cookout at his Olympia McMansion, including his brother, Paul Masilotti, a former Welly village official who helped him hide an interest in Martin County land; Richard Rendina, brother of the now-deceased developer Bruce Rendina, who was found to have slipped the former county commission chairman thousands in casino chips; Masilotti's criminal lawyer, Jack O'Donnell; Masilotti's teary-eyed mother, who'd just flown in from Chicago, and his four daughters, including law student Jill.

"I didn't see any politicians there," Masilotti's guest said.

The spread included beef stroganoff, pulled pork, baked beans, grilled chicken and the usual party bites. Amstel Light was the beer of choice, and the mixers included Publix cola.

"I didn't know anyone bought that sort of stuff," the party guest said. "Tony's not as rich as he used to be (actually, the feds seized a total $200,000 cash and 345 acres of land), but you'd expect him to get real Coke."

O'Donnell described Masilotti's first days at the Miami federal prison camp he checked into Monday: "This week will mostly be for physicals, orientation and visits with counselors."

O'Donnell said it appears Masilotti, 51, won't have to wait as long as previously thought — Christmas 2011 — before he's free again. "For being a good boy, he'll get six months off, then another six months in a halfway house, where he only has to stay the night. Another year off for attending alcohol treatment. At most, he's looking at 38 months at the camp. He's still young. He can start over."

O'Donnell, meanwhile, had some fun with a report in the Fort Lauderdale Sun-Sentinel that Warren Newell, Masilotti's former colleague on the commission who also faces jail time on corruption-related charges, hired a $165-an-hour adviser to help him design his jail stay and prepare him mentally.

"What's with that guy Newell? Is he some kind of nerd or something?" O'Donnell sniffed when asked if Masilotti paid for prison prep. "You can say a lot of things about Tony Masilotti. But at least, Tony is a man."

Vision of Growth May Need Eye for Change


tom.palmer@theledger.com

Several years ago I was working on a piece on the growth patterns that were beginning to be felt in the Four Corners area.

I was showing an editor and a couple of fellow reporters around and told the editor who was driving to pull off onto a dirt road. As we sat parked along the dirt road, all that was visible were a couple of old wooden houses and a lot of woods.

Friday, I was thinking about that image as I sat about 200 yards from where we were parked that day.

This time I was sitting in a large meeting room at the Omni Orlando Resort Hotel at ChampionsGate, one of the major developments to move into this part of the area during the past decade or so.

The meeting I was attending concerned how we'll handle growth in the region over the next half century.

The setting was a great metaphor for the topic. Like most of Florida , the meeting room was overcrowded.

The seats around the tables were full, and people were shoehorned into a row of chairs around the edge of the room. Some of us latecomers didn't even get chairs.

There was an expanse of name tags lying on the registration table.

They held the names of people who signed up but didn't show, somewhat like the future residents for whom we'll have to make room someday.

The condition of the room was made more noticeable by galleries of pictures of Central Florida as it looked when it was a much less crowded place, a time some of us homegrown folks remember to some extent, depending on our age.

In 1950, 33 square miles of this seven-county region was considered urban. Today close to 1,000 square miles falls into this category.

But the focus was on the future, which we can affect, not the past, which is past any chance of revision. Around the tables the discussion leaders were young people, which was appropriate because they or someone like them will be the ones dealing with the results of this planning exercise.

Their reports from the collection of roundtable discussions that occurred during Friday's finale of the "How Shall We Grow?" campaign contained some notable comments.

Some stressed the practical aspects of growth management, such as how to change human behavior and perceptions so that people accept the prescription of living in smaller houses on smaller lots or in tall buildings somewhere. The recognition that some of this would cost more, at least up front, wasn't lost on them, either.

But the one comment that struck me went beyond discussions of development regulations and transportation planning.

One leader asked not "how shall we grow?'' but "how shall we live?''

The future is about conserving water and energy, recycling, telecommuting or bicycling where we can and becoming more educated so that we can persuade our leaders to stay on track with this vision.

It's clear that the way growth has been carried out during the past 50 years or so hasn't worked very well, which is why it's time to talk seriously about alternatives.

One panelist described how he had lived in a place where the vision is inculcated into school curriculums so that people grow up knowing how things are supposed to be, which is certainly a way to sustain a community consensus.

If there's going to be any chance to sustain any kind of long-range vision for this region, it just may take something like that.

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

Henry Swanson's oft-unheeded predictions on water came true

Rich McKay

Sentinel Staff Writer

August 16, 2007

 

Like the Old Testament's Jeremiah shouting unheeded warnings in the wilderness, Henry Swanson never lets naysayers stop his prophecies of an environmental doomsday.

Starting in the late 1950s, Swanson rattled political cages around Central Florida with his words of a future water crisis in a landscape dominated by a booming, thirsty population.

"We're going to hell in a handbasket," Swanson said recently, sitting by his kitchen table covered with news clippings and reports of Central Florida 's efforts to slake the thirst of development.

The Winter Park resident is no banker, no politician, no millionaire developer.

Instead, Swanson, 83, is a retired agricultural agent who got his environmentalist start in a 4-H club, raising Plymouth Rock hens in Lake County .

There's a stoop to his 6-foot-3 frame and his voice wavers a little, and his still-firm handshake comes with effort.

But his hard-won fame is still with him.

"When I saw what the problem was, I took it on to tell every city slicker and business fellow just how our water system works," Swanson said. "I took it as a crusade and never let go of it."

When Walt Disney's famous Orlando announcement of 1965 made chamber of commerce members giddy with news that a theme park was coming, promising a tourist-driven economy, Swanson ramped up his warnings.

"I'd talk to every church club, garden club and tell them that people are coming, and change is coming with them," Swanson said.

Apopka Mayor John Land, 86, who was Apopka's mayor even back then, remembered Disney's speech and Swanson's warnings of water troubles.

"He was right all along," Land said of his longtime friend. "Right now we're getting into re-use water and we can't get enough of it. We never thought we'd see these days, but Henry did."

Swanson recalled that, in the 1960s, "it was a Sentinel newspaperman who first called me Jeremiah, and it stuck all right."

Swanson slowed down on his crusade for a while, especially when his wife of more than 50 years, Billie M. Swanson, was ill.

The woman who caught his eye a lifetime ago working in a garden shop near the Ocala National Forest was 82 when she died in late June.

His calls and letters don't rumble in the political landscape as they did in the days when reporters from CBS' 60 Minutes, National Geographic and The Wall Street Journal sought his opinion about the changes Disney was making to the citrus belt.

Some in the new crop of politicians who know him say Swanson's efforts were a success, citing him as the force behind the 1996 Swanson-McEwan Bluebelt Act. It is a state law designed to keep growers and farmers from being forced to sell their land if they are frozen out or facing disaster.

The idea is to keep the land open, so rainwater can better reach nature's underground rain barrel, the aquifer of porous limestone beneath our feet.

But Swanson sees it as his biggest failure.

"We got suckered," Swanson says with some bitterness. "They passed the law all right, but then by night the hatchet men came in and gutted it."

The law, which offers tax breaks for anyone who would keep their farmland undeveloped, comes with so many onerous penalties that in the 11 years since it passed it has had not a single taker, Swanson said.

"I'm still crying about that one," he said.

The plaque he got commemorating his namesake law doesn't hang on his wall with his five Agricultural Hall of Fame awards.

He is still on his water conservation mission, which he sees as an unfinished chore with the stakes as high as ever. He still sends out letters to politicians warning them of the consequences of unchecked development.

"I've asked myself when I'm going to get off this," he said. "I'm not sure. I look back at my life and try to Monday-morning-quarterback it. But that doesn't do much good."

So Swanson is content. "I take every day the good Lord has left for me, and I pray I did some good while I'm here."

But he's not done hanging awards on his wall. If he doesn't miss a Rotary Club meeting between now and mid-September, he will earn an award for 50 years of perfect attendance.

"I expect I'll find room for it on the wall," he said.

Rich McKay can be reached at rmckay@orlandosentinel.com or 407-420-5470.

Florida 's Protected Coastal Lands Facing Death By A Thousand Cuts

The Tampa Tribune

Published: August 16, 2007

It's hard to say which is worse, shrinking the boundaries of a public-land preservation program or forcing taxpayers to help fund development in risky coastal areas.

As the Tribune's Baird Helgeson reported Sunday, both lunacies continue as Congress treats the U.S. Coastal Barrier Resources Act like an erasable chalkboard instead of the meaningful guide to responsible growth that it is.

The act was designed to preserve fragile coastal areas and wetlands along the Atlantic Ocean, Gulf of Mexico and Great Lakes . Florida has nearly 286,000 acres in the program, the most of any state.

But instead of prohibiting development on these coastal tracts, which would have surely spurred a property-rights battle, Congress did the next best thing in passing the 1982 legislation. It restricted the availability of national flood insurance and the use of federal dollars for infrastructure.

Instead, the act makes landowners fund their own roads and do their own dredging, which is as it should be. Taxpayers should not subsidize irresponsible growth in areas that are highly vulnerable to storms, erosion and acts of nature. If property owners want to take the gamble, they - and only they - should pay the price.

Florida taxpayers already pay too much for reckless development along the coast. The property insurance crisis illustrates that clearly.

It's disturbing, then, that Congress is whittling away at the land-protection program, especially in Florida . As Helgeson reported, Congress has exempted Florida land covered by the act 26 times since 1994 - the most of any other state.

One highly questionable case occurred in the Panhandle last fall, when six undeveloped, densely wooded lots adjacent to Grayton Beach State Park in Santa Rosa Beach were removed from the program. This smacks of giving the property owners the green light to build on the backs of taxpayers.

Considering the state's vulnerability and lack of proper growth controls along the coasts, it's irresponsible to make willy-nilly reductions in the acreage covered by the Coastal Barrier Resources System, especially in the Panhandle, a magnet for hurricanes.

This isn't to suggest that exemptions should never be granted, but they shouldn't come so easily or frequently. The U.S. Fish and Wildlife Service reviews the maps every five years - the appropriate time for Congress to consider any exemptions. Members should not be allowed to ram exemptions through every year.

As former U.S. Rep. Tom Evans, who helped author the act, said: 'Each time they do it, it doesn't seem like a lot of land. But it's death by a thousand cuts.'

Florida 's congressional delegation should put a stop to this erosion.

Defend The Limits Of Urban Service

The Tampa Tribune

Published: August 16, 2007

Hillsborough County commissioners will be asked an important question tonight. Should Sydney Mine Development Corp. be allowed to build a major subdivision east of Brandon and outside the urban service boundary?

Or will the county enforce its growth plan and say no to suburban sprawl?

If the rules are changed to allow this project, other developers would want similar concessions. Commissioners should follow the sound advice of the City-County Planning Commission and say no.

The project itself has appeal. The plan is to put some 2,500 homes, apartments and a commercial center on the site of a former phosphate mine south of State Road 60 and east of Dover Road . But it's not an area planned for more suburbs, and many of its rural neighbors object to the higher-density intrusion.

Of more concern to residents countywide is the cost.

The county lacks the resources to supply water, schools and other urban services to every landowner who might want to build urban communities wherever land is available.

As long as ample space for growth remains within the ample urban boundary, commissioners should do taxpayers a favor and hold the line on costly, unpopular sprawl.

Sarasota Herald-Tribune letter to the editor

Landfill opposition retracted

East Pasco Realtors withdraw the position after a prominent lawyer and his Realtor wife object.

By CHUIN-WEI YAP, Times Staff Writer
Published August 16, 2007

DADE CITY - On May 30, the East Pasco Association of Realtors sent a letter to state regulators, stating its opposition to a proposed garbage landfill just outside Dade City .

On Monday, the association sent another letter to the state Department of Environmental Protection, this time retracting its opposition.

"The Board of Directors of the East Pasco Association of Realtors, in representing the East Pasco Association of Realtors, does not favor nor oppose the East Pasco landfill," wrote the association's president, Gregory DeLa Rue.

What happened between May 30 and Aug. 13?

It involves a prominent Dade City attorney and his Realtor wife - both of whom have made millions of dollars in the quest for the landfill - and an intense public relations battle that has raised grave environmental allegations about Pasco County 's waste-to-energy incinerator.

Two things happened in that period:

- On July 17, Angelo's Aggregate Material, the company that needs DEP approval for the landfill, made a presentation to the association's board. Angelo's representatives say the presentation succeeded in getting the board to issue its retraction.

- On July 19, attorney Charles Waller wrote to the association's board, saying he heard complaints from several association members that the opposition came from the association's leadership, not all of its members.

"By the term 'we' used in the correspondence, the appearance is that the referenced 233 members are in agreement with the vote," Waller wrote. "To sign it the 'Association' is causing much consternation among a significant group."

DeLa Rue confirmed that the association's members had not voted on the issue.

"Our members were divided," he said Wednesday.

Why did the board change its mind? "This way, other people can't use us as a pawn," he said.

DeLa Rue also said Waller had "a relative" who was a member of the Realtors association, who had objected to the board's May 30 letter.

Waller said his wife, Cynthia Waller, was that member, but added other Realtors had complained to him, too.

"If they want to write that the board feels that way, or if they feel that way personally, that's fine," Waller said. "But they shouldn't create the wrong impression."

Waller and his wife made $6.7-million on June 14, when they sold 158 acres on Messick Road and Old Lakeland Highway to Angelo's for the landfill.

"My money is in the bank," he said. "I'm not dependent on them getting the permit."

He also said he's not courting Angelo's business for a local bank he and others in Dade City are trying to set up.

"That company Angelo's parent is out of Detroit ," he said. "Their money is not going to come to some little bank here."

Waller does not represent Angelo's. DeLa Rue said Waller has no role in the association, and said the retraction had nothing to do with Waller.

In his letter, which also went to the DEP, Waller criticized Pasco 's waste-to-energy facility, another term for the incinerator. County officials are thinking of expanding it, which would threaten Angelo's proposal.