Developer gets green light on long-delayed plan

By DAN DEWITT
Published January 11, 2007

BROOKSVILLE - Gary Schraut has received permission to build the subdivision he first proposed nearly a year ago, a 184-lot "rural cluster" development on hay fields and woods in northern Hernando County.

Only one commissioner, Diane Rowden, objected to the plan, but she objected strongly, saying the clusters are just another name for placing dense development in the countryside.

"I think this opens up rural areas to urban sprawl," she said. "It's going to put us in a position where it will be very hard to deny proposals on other properties."

The County Commission had earlier approved adding a policy to the comprehensive plan allowing such developments in rural areas; the commission had also approved a cluster for 184 acres on County Road 491 that Schraut owns with a group of investors.

On Wednesday, it approved a comprehensive plan change to allow clustered development on an adjacent 251-acre parcel, which Schraut said will allow him to do what the new policy intends: conserve land.

Last year, he proposed the clusters as an alternative to the 10-acre parcels typically allowed in rural areas. The new policy allows denser development: For example he may now create 184 lots on his 435 acres, rather than 43. But each lot may cover only 1 acre, leaving about half the property undisturbed.

Having 435 acres to work with rather than 184, Schraut said, he will be able to move the houses farther back from the highway and preserve more than half the woods on the north side of the property that abuts the Citrus Tract of the Withlacoochee State Forest.

The state Department of Community Affairs, which reviews changes to local comprehensive plans, had earlier offered a long list of objections to the county's approval of the rural clusters. These were answered, in part, by changing the standards that would allow properties to qualify.

Answering Rowden's concerns that this pattern will spread, Schraut said after the meeting that he did not know of any other property in the county that meets the revised criteria for rural clusters.

* * *

In an unrelated action, the commission approved a 44-lot subdivision just east of Silverthorn, but without the access to the subdivision by golf cart that the developers had sought.

Don Lacey of Coastal Engineering Associates in Brooksville assured the commission this access would be minimal - a 15-foot-wide lane for "golf carts, not cars, and only for residents who are members of the Silverthorn golf course."

Residents didn't see it that way, calling the proposed cart path an "intrusion" and a "security breech."

"A 15-foot-wide cart path - that's a street," said one Silverthorn resident, Sandy Potter. She and other residents worried that the 40 acre property to the south would also be developed, meaning another subdivision would eventually have access to their community.

Lacey said after the meeting that the developer, Silverthorn Hills LLC, would continue with plans to build the project. The commission's action, however, made selling golf course memberships more difficult because residents of the new project will have to drive north on Jumper Loop and the south on Barclay Avenue to reach the course.

Dan DeWitt can be reached at dewitt@sptimes.com or 352 754-6116.

Developer plans 999 homes in Charlotte

BY ZAC ANDERSON

BURNT STORE -- The Bonita Bay Group has submitted plans to build nearly 1,000 homes in a gated community in the booming Burnt Store Road area.

The proposed development would bring the total number of homes slated for Burnt Store to more than 4,000 within the next several years.

The homes are spread out among a handful of major projects, the largest being Lennar Communities' 1,400-home Tern Bay development. Tern Bay sits directly across the street from the land Bonita Bay wants to develop.

Bonita Bay is the first major developer to propose a project in Charlotte County in months, but the soft real estate market means opportunity to Regional Vice President Kitty Green.

"Our plan has been to get ready during this market downturn," Green said. "We want to have the permitting done and everything ready to go when the market begins to pick up."

Green's company led a group of developers who pressed Charlotte County in 2005 to allow higher-density communities in the rural Burnt Store region.

As a result, Charlotte County adopted the Burnt Store Area Plan, which allowed more homes to be built in the region south of Punta Gorda between U.S. 41 and Charlotte Harbor.

Bonita Bay controls 630 acres in the 22,000-acre area governed by the plan.

Local residents have speculated about the Bonita Springs-based developer's plans for years.

"We've been anticipating this for a while," said Noreen McCarthy, a real estate agent with Coldwell Banker's Burnt Store office.

Bonita Bay submitted a concept plan that will be reviewed by Charlotte County's Development Review Committee this month.

The concept plan is the first step in a permitting process that can take months.

Construction on the 330-acre project should begin in mid-2008, Green said.

The proposal calls for 999 housing units on what is now an orange grove and cow pasture, but does not spell out the precise mix of single-family homes, condominiums and town houses.

For the project to work, the land must be rezoned from agricultural estates, which allows one house per 10 acres, to village residential, which allows five houses per acre.

The company also has set aside 27 acres for commercial use in an area where residents must drive to Cape Coral or Punta Gorda for groceries.

Home prices in the unnamed new community -- modest by Bonita Bay standards -- will range from $250,000 to more than $600,000, Green said.

The developer is known for building luxury communities in Collier and Lee counties.

This proposal is the company's first foray in Charlotte County, but it won't be the last. Bonita Bay owns another 300 acres along Burnt Store Road.

With so many houses planned for Burnt Store in the next few years, Bonita Bay may wait to develop the second parcel, Green said.

But Green was confident that the market in Burnt Store would only get better.

"The Burnt Store corridor is the next great place," she said. "It's one of the last areas close to Charlotte Harbor that has yet to be developed."

WATERFRONT DEVELOPMENT

Riviera Southshore moves ahead

Bradenton allows developer to plan scaled-down condo towers

By ANTHONY CORMIER

anthony.cormier@heraldtribune.com

BRADENTON -- In the beginning, Frank Maggio bet $25 million on a trio of towers, 19 stories each, in an historic waterfront neighborhood.

Riviera Southshore would be the tallest condominium project in Bradenton, and perhaps the biggest gamble in its development history. The stakes got higher for Maggio, however, as the proposed towers got smaller.

City officials were wary of a "condo wall" on the Manatee River, chipping away at designs as Southshore fell from 19 stories to 14 and finally nine.

After 18 months, the project is finally moving forward -- leaving a trail of bad blood, legalese and a rift between city leaders about whether condo towers and traditional neighborhoods are a good mix.

While the City Council voted 3-2 Wednesday on a deal with Maggio -- avoiding a pair of lawsuits in the process -- the Southshore saga was hard fought and full of venom, leaving wounded feelings among city power brokers.

Council members Bemis Smith and Marianne Barnebey each voted against the project Wednesday, with Smith growing red-faced and flustered at the tenor of the negotiations. After the vote, Ed Vogler, Maggio's lawyer and Southshore's main spokesman, walked quickly into a nearby hallway to decompress.

Perhaps the fiercest land-use attorney in the city -- and certainly one who shepherds controversial projects into fruition -- Vogler said the scope of Southshore isn't the problem.

"People are afraid of change," said Vogler, as he slouched against a wall and rubbed his temples. "That's what it boils down to -- change. Sometimes people can't deal with it."

While the City Council meeting made for great theater -- with raised voices and huffs from the crowd -- the future of Southshore could be equally intriguing. The city gave Maggio approval of an outline for the project: two 108-foot towers, two 84-foot towers. Now his development firm, First Dartmouth Inc., has 90 days to finalize the design, which the City Council again has to OK.

Despite losing some height from the original plans, Maggio has increased the density to 700 units -- from about 575 originally.

As the Southshore development plan languished, with the city voting against it last August, the surrounding neighborhood of Old Manatee languished as well.

The site -- now between Ninth and 14th streets East -- was where some of the city's earliest pioneers built homesteads in the 1860s. Since then, Old Manatee has been beset by poverty and crime. Several years ago, Maggio bought about 70 homes in the area.

With $25 million invested there, most of the tenants were kicked out and the homes boarded up. Old Manatee has remained that way -- a "ghost town," according to residents -- while Maggio and the city fought over Southshore.

When the project was denied, the developer turned to an independent negotiator to work out the kinks. Known as a special magistrate, Hamilton Rice worked with the city and Maggio to come to a solution.

"It is certainly a compromise on our part," Maggio said after the meeting. "In fact, I would say it's on the edge of viability for us. I have a lot of money invested in this."

The chief problem for Smith and Barnebey is growth outside of the city's downtown core, and how to develop neighborhoods such as Old Manatee that are in bad need of a facelift.

Is there, some wonder, a line of demarcation that prohibits certain types of projects such as Southshore?

For example, the city recently voted for a bigger proposal, Tarpon Pointe, just several blocks to the west. Also, opinion in Old Manatee seems to support Southshore, including a petition delivered Wednesday to City Hall.

But some questions remain, specifically about the city's giving away part of Glazier-Gates Park and several rights-of-way to make room for the condos.

"And I don't think that's right," Smith said.

2 beachside condo towers proposed for Broadway Bridge

By JOHN BOZZO
Staff Writer

DAYTONA BEACH -- Sharp questions about "massive" buildings greeted plans Wednesday to build a $300 million condo-hotel-retail project at the foot of the Broadway Bridge.

But the project also drew praise from those hoping for a new gateway development to spur a renewal of the beachside corridor of International Speedway Boulevard.

More than 70 people jammed a small room at City Hall for the review by the Main Street-South Atlantic Avenue Redevelopment Area Board. The City Commission was using the only larger room.

"I think it would be one great building for a gateway to our city," said Tom Brown, one of three residents supporting the project. "Let's get the project in there so it does look like you're coming into a decent city."

Tracey Remark, one of eight residents critical of the proposal, said the project would dwarf the surrounding neighborhood.

"No matter what you do, it's a massive building," she said.

Edith Shelley, chairwoman of the city's Visioning Committee, said her group is seeking a moratorium on projects during her group's work to develop a future plan for the city.

"We are concerned about things moving forward during this vision process," she said.

Blue Water VI, a Fort Lauderdale-based developer, wants to build a 27-story, 350-unit condo-hotel and 30-story, 170-unit residential condominium at the northeast corner of the Broadway Bridge.

Plans include a marina with two restaurants facing the Halifax River and a promenade of retail shops extending along International Speedway Boulevard.

"Traffic coming in and out of the project is going to be a huge impact on surrounding neighborhoods and I think a negative impact," said Dave Lamotte, a member of the redevelopment board.

Rob Merrell, an attorney representing the developers, said improvements would have to be made to Halifax Avenue and traffic studies would be done.

He welcomed the public comments.

"We're ready to meet with neighborhood groups," he said. "We'll meet with whoever wants to meet with us to discuss our plans."

Board members were mostly supportive of the plan.

"It looks bad down there," said Mark Robertson, a board member. "Nothing has happened down there for decades."

Construction could begin in 2008 and take two years to complete.

Wednesday's 5-3 vote approving submission of the general concept does not commit the city's redevelopment board, Planning Board and City Commission to approve more detailed plans in the future.

john.bozzo@news-jrnl.com

Luxury condo developer bets on location, lake views

Jack Snyder
Sentinel Staff Writer

January 11, 2007

The residential real estate market may be cooling, but a Heathrow-based developer announced plans Tuesday for a $20 million luxury condominium on Keller Road near Maitland.

"We think the market is fine for the right product," said Wesley Geys, president of Wescar Cos. "This project is unique in location and lake views."

Each of the condos at Solis would have western views of 70-acre Lake Shadow, he said. "Everyone gets a sunset."

The project at 775 S. Keller Road would go up on 2.5 acres. The seven-story building would have 47 condos priced from $300,000 to more than $800,000 each.

Geys said features would include a pool overlooking Lake Shadow. HHCP Architects of Maitland has been hired to design the project.

Geys said sales will start this spring, with construction targeted for this summer, depending on sales.

Wescar, a developer of both residential and commercial properties, recently bought the former Dixon Ticonderoga office building on International Parkway in Heathrow. The building has been renamed the Wescar Building.

The company also recently bought the former Lunch Basket property at North Magnolia Avenue and Marks Street in downtown Orlando for a possible condo tower.

"We're tossing around ideas for that property, but we're not moving forward with anything at the moment," Geys said.

Several downtown condo developers are pushing sales now for their projects, hoping to sell enough units to trigger construction financing.

Jack Snyder can be reached at 407-420-5094 or jsnyder@orlandosentinel.com.

Fee Boost Could 'Tarnish' Pasco

Published: Jan 11, 2007

HUDSON - Proposed increases in Pasco County's transportation impact fees could price builders out of the market and set the county's fate as a bedroom community for Tampa, an economist told a panel of officials and developers Wednesday.

Hank Fishkind, an Orlando economist commissioned by the county to analyze the one-time construction fees, said two- and threefold increases would put Pasco at a "huge competitive disadvantage" in the regional race to attract retail and office developments.

"Impact fees at this level will compromise Pasco County's desires for economic development," Fishkind said to the group assembled at the Hudson Library. "Some of the target merchants looking at this metropolitan area will go over the [county] line, and there are a lot of places to go over the line."

In addition, the high fees will "tarnish" the county's reputation as an affordable place to build, Fishkind said. Even if the increases are phased in, Pasco's charges would far outpace comparable fees in Hillsborough and Hernando counties.

Transportation impact fees are collected when building permits are issued. Proceeds are used to pay for new roads and other traffic improvements necessitated by growth.

Pasco officials are considering raising the charge for a single-family home from about $4,000 to as much as $13,000. If the fees are phased in, the charge still would be $9,362 per home in the first year.

Fees for office developments could rise from about $7,000 to between $12,000 and $22,000. Charges for retail space could go up to about $9,000 and later more than $16,000.

The increases would add significantly to the cost per square foot of retail and office developments, in some cases making projects not feasible, Fishkind said.

Fishkind predicts that development, which has slowed significantly in recent months, will resume at a slower pace in 2008 and 2009. If Pasco implements the higher fees, however, the county could miss out on opportunities to diversify its heavily residential economy with office and retail developments.

Pat Gassaway, an engineer with Heidt & Associates of Tampa, said many of his retail and office clients are balking at the proposed fees.

"They are not just saying, 'No,' but 'Hell, no,'" Gassaway said.

Fishkind suggested a balanced approach to collecting more revenue to pay for road improvements. Options include increasing sales and gas taxes, allocating a portion of property taxes to transportation needs and levying special tax assessments in developing areas where road improvements are needed.

County Administrator John Gallagher noted that other tax increases still will cause residents and developers to dig deeper. Impact fees, on the other hand, affect new residents and business owners.

Ben Harrill, a developers' attorney in New Port Richey, said the special tax assessments and public-private partnerships among developers are more palatable than impact fees because they may be paid back over a period of years.

Stu Gibbons, a developer of Connerton in central Pasco, said the uncertainty about impact fees has created trepidation among developers. He agreed assessments are more desirable.

The committee is expected to come up with recommendations and report back to the county commission as soon as next month.

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

A question of trust on preserve pumping

By HOWARD TROXLER, Times Columnist
Published January 11, 2007

Even as we face watering restrictions across Tampa Bay, Pinellas County has not ruled out pumping up to 1-million gallons a day out of its Brooker Creek Preserve to water a privately owned golf course.

Oh, and to water clay tennis courts, too. More about that in a minute.

Pinellas County is still pursuing permission to pump. The county just answered a bunch more questions from regulators.

The process is continuing, as well, although a citizen board created by the county for environmental advice voted in December 9-4, against the pumping.

The fact that the county is proceeding "is proof positive that the (citizen board) is just window-dressing," alleges Lorraine Margeson, a regular critic of the county's environmental policies.

On Wednesday, I asked Steve Spratt, the county administrator, what was going on. Is the county dead set on pumping? Is the county disregarding the December vote of the citizen board?

Not at all, Spratt replied: "We have not made any final decisions as to activating the wells at Brooker Creek."

Spratt said getting permission is just part of the information-gathering process. What the regulators say, as well as what the citizens say, will be presented to the County Commission for the final decision.

"There are no games being played here," Spratt said in a memo he sent this week to the seven commissioners in reply to Margeson's criticisms. The board gets the last word.

Well, okay. I believe him. There's nothing sneaky about the county still going through the bureaucratic stuff.

On the other hand, it isn't a "no" either. Looks to me like the staff folks would pump if the regulators allow it, barring a "political" decision (as I have heard it described) by the elected commissioners.

How to say this politely? I don't trust it. Don't trust the environmental assessments. Don't trust the pumping figures. Don't trust the promises of no impact.

Heck, when Pinellas County was just testing these wells in Brooker Creek, it managed to blow the limits of its permit. The county's explanation, more or less, was that Barney was over at Aunt Bee's eating pie when he was supposed to be checking the meter.

Neither is the county's "average" pumping of 284,000 gallons a day, the figure it likes to cite, a useful number. On "average," as the old saying goes, you and I and Bill Gates are billionaires. The truth is that in some months it's to be 1-million gallons a day (assuming Barney is checking the meter), and in other months, none.

Now, about the clay tennis courts, 14 in all.

"If appropriate water content is not maintained in the courts," the county explained to regulators, "the surface will become dry. Surface material will blow away if dry and footing on the court becomes slippery and uneven."

In no way do I speak disrespectfully of golf courses and tennis courts, since I have spent time on both, to the amusement of others around me. They are fine games played by fine people.

Neither is the question here whether the county can tell the golf course to get lost -there's a contract and all that. The water's gotta come from somewhere; the only question is whether the county should turn to the Brooker Creek Preserve. If saying no is a mere "political" decision, well, heck, so be it

New signs are for springs' protection

Be on the lookout for another road sign.

A batch of blue markers calling attention to the region's springs will soon be installed in Alachua County.

The signs, with the silhouette of a cave diver and the words "Springs Protection Area," are meant to let people know they are in an area where runoff from activities such as car washing or lawn fertilizing can pollute springs or the aquifer, said Chris Bird, Alachua County environmental protection director.

"To protect the springs, you have to protect a large land area around the springs called the springshed, which is basically the area where the water that goes into the ground ends up feeding that spring," Bird said. "The signs are to try to raise public awareness and to remind not only our residents but our visitors that they are traveling in an area that is sensitive and where what is done on the land can pollute the springs."

Some of the roads on which signs will be placed are county roads 236 and 241, US 27/41 and Interstate 75.

The signs are being installed in conjunction with the state Department of Transportation. District DOT spokeswoman Gina Busscher said similar signs have been installed in neighboring counties along the Santa Fe and Ichetucknee rivers.

Signs are also being put up around springs elsewhere in Florida under a state Department of Environmental Protection initiative.

Officials believe the area's drinking and recreational waters are increasingly under threat from growth and development. Most of the county's springs are in the northwest corridor along the Santa Fe River.

The city of Alachua and High Springs, the two cities closest to the river, are experiencing considerable residential and commercial growth.

Officials with Alachua County and the cities along the river corridor are starting to discuss a joint planning effort to protect springs.

"The springs are the canary in the coal mine. If our springs go bad, that means we have a lot of bad water," Bird said. "They are really symbolic of the health of the entire aquifer."


Cindy Swirko can be reached at 374-5024 or swirkoc@gvillesun.com

We need a lasting commitment to conserve

A St. Pete Times Editorial
Published January 11, 2007

The last time the Southwest Florida Water Management District forced the 16 counties in its jurisdiction to limit lawn watering to one day a week, as it will beginning next week, was in April 2000. That restriction lasted 18 months. During that time, residents who had witnessed the damage of a severe drought became painfully aware of the need to conserve Florida's most precious natural resource.

They took meaningful steps to conserve water, including landscapes designed for plants and grass that require less water. And, under the threat of stepped-up enforcement of the rules, they became accustomed to the curtailed watering schedule.

Then the rains came and Swiftmud, as the water district is commonly known, told counties and municipalities the effects of the drought had been overcome and they could revert to twice-a-week watering. Unfortunately, the Citrus County Commission jumped at the chance to do just that.

That decision was shortsighted and showed a lack of substantial commitment to water conservation. The commission should have followed the example of most counties to the south and retained the one-day-a-week watering rule. Doing so would not have prevented the upcoming re-imposition of the restrictions, but it certainly would have precluded residents and business owners from having to readjust their watering habits, and eliminated the need for local governments to re-educate the pubic.

It is easier on consumers and the water supply to not alter watering schedules once they are in place. Every time the rules change, it needlessly confuses residents and, from an enforcement standpoint, that is a significant problem because violators can claim - many legitimately - that they were unaware of the changes.

Switching back and forth not only frustrates residents, it causes them to question the credibility of the governments whose leaders can't seem to make up their minds about the ongoing need to conserve to offset cyclical dry weather patterns.

This county has undergone sustained residential and commercial growth. The strain this places on man-made infrastructure - roads, schools, sewers, public services - gets many of the headlines. But the adverse impact on our most precious commodity, water, is too often overlooked.

While Swiftmud focuses on restricting residential use, it historically has been too lenient on major water users, including county governments, who pull much more than their allotted amounts. Agricultural uses and businesses, especially golf courses that are not using reclaimed water systems, draw millions of gallons of fresh water each day from the aquifer, often in sizeable violation of their permitted allotments.

The response from Swiftmud is not to crack down on these abusers, but to rewrite the permits to allow them to use more water, as neighboring Hernando County is now seeking to do after exceeding its cap all last year.

If Swiftmud truly is interested in conserving the dwindling water supply, it must apply the same standards to all users. Homeowners in violation of local watering ordinances should not be fined for a first offense when the biggest users, and wasters, of water escape any meaningful penalty from Swiftmud.

That said, the County Commission must be prepared to enforce the watering regulations. But it should explore using a portion of the money it collects from violators to fund an aggressive public education program about how to get the most out of once-a-week watering. People who understand the need will meet the challenge.

The more restrictive rules, which limit watering to between 6 p.m. and 8 a.m., Monday through Friday, will be in place until at least July 31. The commission should not wait until then to discuss permanently switching to the once-a-week schedule. 

Protecting 'an amazing focal point'

By BARBARA BEHRENDT, Times Staff Writer
Published January 11, 2007

LECANTO - The Tourist Development Council on Wednesday vowed its support of federal wildlife officials' ongoing manatee protection work.

That stand came after the council heard an extensive description of manatee protection and other preservation work done through the Chassahowitzka National Wildlife Refuge Complex.

Calling manatees "an amazing focal point" for the Citrus community, refuge manager Jim Kraus described challenges facing the refuge, ranging from a growing pressure on the natural resources to a shrinking of the already limited fiscal resources.

"When you have a county so highly dependent on ecotourism, this subject is as important as any subject you could be talking about," Kraus told the council.

He noted that the entire community would share whatever the future holds for the resource. "Will you help us shape it?" he asked.

The council's support for the refuge efforts will come through several initiatives.

The council voted unanimously to send a letter to Dirk Kempthorne, secretary of the U.S. Department of the Interior, urging him to provide the refuge with adequate funding.

The U.S. Fish and Wildlife Service budget allocations will be slicing nearly two dozen refuge employees throughout Florida over the next three years. That includes one local position from the complex, which includes both Chassahowitzka and Crystal River.

"It is now time to fund the programs for which the refuge was established including the provision of endangered species protection, land management, adequate law enforcement, important staff positions and educational programs," states the letter signed by council Chairman Gary Bartell.

The letter piggybacks similar calls for adequate refuge funding from U.S. Rep. Ginny Brown-Waite and other members of the Florida congressional delegation.

Bartell said he would also be bringing the issue to the County Commission seeking a similar letter of support.

Manatees and the unique natural features available in Citrus County are what drew many residents and tourists here, Bartell reasoned.

"I just think that it is something urgent. It's something we need to do," he said.

Kraus updated the council on the agency's work to establish a comprehensive management plan for the Crystal River refuge, the refuge known for its unique swim with a manatee experience promoted by local dive businesses.

This fall, the first in a series of public meetings will examine the public uses now taking place in the Kings Bay and Crystal River areas.

The rules for such public use will likely change when the plan is finalized.

One thing that would help with that process, according to Kraus, would be hard data on just how much cash Crystal River's cash cow really brings into local coffers.

He asked for help from the TDC to retrieve such important economic impact statistics.

TDC members agreed that such information would be valuable without committing to taking on such a project on their own. They discussed some possible funding sources and tourism development manager Mary Craven agreed to bring more information back to a future meeting.

Kraus also said he is hoping to find funding for the every-other-week aerial manatee survey. The Friends of the Chassahowitzka National Wildlife Refuge Complex, the citizen support organization for the refuge, has made that project a priority but Kraus urged a partnership among various private and public entities.

"There are many people that benefit from monitoring the manatee population," he said.

While the surveys have been a long-standing tradition, nowhere else does the federal agency fund them in the long term. In other places, county funding is used.

"We're at the point where we have to take a hard look at what we can do and what we can't do anymore," Kraus said.

He said that since the manatee situation in Crystal River is so unique - nowhere else does his agency sanction swimming with manatees - public participation is needed.

"We face some joint challenges and we have to find a way to balance it out," he said.

"It is all about awareness," Bartell agreed. "All of us are in this together. It is a partnership."

Kraus warned that the job won't be easy.

"There are a lot of eyes on Crystal River from all over the place," he said. "They're asking a lot of really hard questions."

Barbara Behrendt can be reached at 564-3621 or behrendt@sptimes.com.

Beach rebuilding may aid survival of sea turtles FORT LAUDERDALE — Researchers at Florida Atlantic University have found that beach nourishment projects may aid the survival of endangered sea turtles by increasing the distance between the reptiles' nests and a major predator, the fire ant, researchers at Florida Atlantic University have found.

Stinging fire ants are common on many South Florida beaches, and are known for attacking and killing hatchling reptiles and birds.

"People have a hard time believing that ants have an impact on wildlife," said James K. Wetterer, an FAU ecology professor and the study's chief author.

"They are a big problem on the beach."

The findings are significant in part because beach renourishment projects often prove to be detrimental to the success of sea turtle nesting.

Sand dredged from offshore is often dark in color, and becomes more compacted on the beach than natural sand, Wetterer said. Dark sand can contribute to higher temperatures that affect hatching, and compacted sand makes digging difficult for the nesting turtle.

Beach renourishment also can create escarpments that prevent sea turtles from getting onto the beach.

But ants are also troublesome, according to Larry Wood, curator of the Loggerhead Marine Life Center, in Juno Beach, and wider beaches may lessen the danger.

A single sting to a hatchling can be fatal, he said.

"The study suggests we still have to look at the bigger picture," said Wood, a study co-author. "We first have to learn how to renourish beaches in ways that allow turtles to get onto the beach in the first place."

Escarpments, or steep banks, can be leveled or angled so that turtles can get to nesting spots.

Female sea turtles come ashore in May through October to dig a nest to deposit dozens of eggs. Loggerheads travel an average distance of 50 feet from the surf to nest, Wood said.

After covering the eggs with sand, the turtle returns to the sea.

The eggs normally hatch after 50 to 60 days.

In addition to ants, common hatchling predators include ghost crabs on land and tarpon in the ocean, researcher have found.

The FAU study, conducted in the summers of 2000 and 2001, focused on a 6-mile stretch of Atlantic Ocean beach between Jupiter and Juno Beach that is considered an important nesting site for endangered green and leatherback turtles, and loggerhead turtles, which are listed as threatened under the Endangered Species Act.

In between those summers, the beach was replenished with offshore sand, increasing the average width of the beach by about 40 feet.

That change allowed Wetterer and his team to evaluate the influence of beach width on the incidence of ants on sea turtle nests.

The survey looked at 909 turtle nests in the summer of 2000, and 639 nests the following year to conclude that "sea turtle nests closer to the dune vegetation were much more likely to have ants present."

"This is because most ant species do not nest on open beaches," the researchers wrote. "Instead, they nest in adjacent vegetated areas and make forays out into the beach in search of food."

The study has been submitted to the Journal of Applied Ecology.

Red tide appears off Nokomis beach, likely due to wind, tides

SARASOTA COUNTY -- After a very brief hiatus, red tide is back.

Water samples taken Monday by Sarasota County's Environmental Health department showed high red tide concentrations off Nokomis beach.

Nokomis beach was the only area where the county detected high levels, but red tide is strong enough to kill fish from Longboat Key in Sarasota to Blind Pass Park in Englewood.

Cindy Heil, a red tide expert with the Florida Wildlife Research Institute, said prevailing winds and currents probably pushed a bloom that had been lingering about 10 to 15 miles offshore toward the land.

"When you suddenly see a million cells where a week before you saw 500, it had to be concentrated or it had to be moved in from somewhere else," Heil said.

Depending on the wind, the bloom can cause respiratory problems, such as coughing in healthy people and breathing problems for people who have asthma. But David Pouso, healthy beaches coordinator for Sarasota County Environmental Health, said the bloom is not affecting the beach experience "too terribly bad" because winds were blowing away from the beach Wednesday.

"It's a lot better than it was in the past when we were at the height of the bloom," Pouso said.

For six months, red tide has been waxing and waning along the coast from north of Pinellas County to south of Naples.

In December, the bloom began to dissipate to harmless levels and even disappeared in some areas along the shore.

Pouso said he had hoped the red tide would stay low for the winter, but it is unpredictable.

Red tide are microscopic algae that normally exist in very low to undetectable concentrations in marine waters.

Sometimes the algae encounter ripe conditions -- nutrients, warm water and sunlight -- that allow them to flourish into a bloom. Cool, dry weather and other conditions brought on by winter usually hinder the algae's growth.

"They do go away. Every year people ask me when, and that's the question I can't answer," Heil said. "The historic pattern usually starts in late summer, and a lot of them don't carry over into the next year."

Volusia, Flagler consider local rules to protect tortoises


Few predators haunt the 60-million-year-old gopher tortoise.

But local officials want to clamp down on one that does -- human beings who vie for the reptile's favored high-and-dry habitat.

Seeking to buttress state protections for the dwindling tortoises, officials in Volusia and Flagler counties want local rules for how large- and small-scale developers deal with them. They plan to set guidelines for protecting the turtles on-site or relocating them and want to ban burying them alive to make way for construction.

"That's something that's just not acceptable to most people," said Steve Kintner, Volusia County's director of environmental management.

Depending on circumstances, existing state rules let developers get permits to relocate the tortoises either on- or off-site. They can also opt for what is called an "incidental take" permit allowing killing or "entombment" because the developer is helping pay to protect tortoise habitat.

Until recently, fears about a disease common to the tortoise helped justify the "taking" of turtles that couldn't be moved because they were sick and might spread the disease. But the disease is less severe than thought, so the system makes less sense, Kintner said.

The gopher tortoise has been listed as a species of special concern. But in June, the Florida Fish and Wildlife Conservation Commission decided to reclassify it as threatened, citing such things as population decline of more than 50 percent over three generations and projections of continued decline.

The change is accompanied by new guidelines for handling the tortoises, and new permitting rules are also being drawn up, said Sarah Johnson, a biologist with the wildlife commission. Incidental takings might be eliminated, except in extreme circumstances, she said. Relocation requirements also might be tightened.

Officials in Volusia and Flagler think it's important to have local guidelines, too.

Volusia County's first-draft ordinance calls for tortoise management plans for single-family lots, as well as large-scale developments.

Guidelines would apply even when fewer than five tortoises are on-site -- a situation for which existing state rules are limited. Killing tortoises would only be allowed in cases when relocation wasn't possible, perhaps because of illness, and even then entombment would be banned, regardless of what the state does.

"We're not duplicating. It's a support role, filling some gaps," Kintner said.

Like the county's sea turtle protection ordinance, Volusia's proposed rules would apply in both the unincorporated area and the cities.

Flagler County's ordinance would apply only in the unincorporated area and is likely to focus extensively on relocation guidelines and could ban killing tortoises, said Tim Telfer, the county's environmental planner.

Developers seem to be paying close attention as the rules come into focus, said Dave Castagnacci, executive director of the Volusia County Association for Responsible Development.

Castagnacci sent out an e-mail to the group's membership late last year and got a very stong response, he said.

"I think people realize it's something that's going to happen but just want to make sure it's done in a way that's most efficient and effective," he said.

Kintner is taking public comment for a first draft through Jan. 16.

Comments can be mailed to skintner@co.volusia.fl.us. There will be another draft and more time for comment, he said. Flagler County has not reached the public comment stage.

james.miller@news-jrnl.com

Officials urged to disclose potential conflicts

Palm Beach Post Staff Writer

Wednesday, January 10, 2007

WEST PALM BEACH — County attorneys have called on commissioners to disclose their business ownerships, including those of their spouses and children, to avoid any potential conflicts of interest.

Commissioners also should name relatives, friends, former business associates, and organizations or charities they have ties to that stand to gain from a particular vote, even though that relationship may not violate the state's ethics code.

The call for full disclosure - going well beyond what state law requires - comes in the wake of charges brought in October against former Commission Chairman Tony Masilotti, who federal prosecutors say violated the honest services law by using his public position for private gain.

"But by fully disclosing the nature of these facts and relationships before the vote, the commissioner eliminates the possibility of any secret motive, and can better demonstrate that the vote was made for the public good, not for private gain," according to a memo written by Assistant County Attorney Lenny Berger.

Berger warned a potential conflict that may pass muster with the state's ethics laws might not meet the standards of the federal honest services statute, which allows prosecutors to charge public officials with corruption even if there was no direct bribe to secure an official act. Full disclosure, Berger wrote, best addresses a possible conflict.

As an example of such disclosure, county officials pointed to discussion at Tuesday's meeting regarding the lease of county land to the South Florida Science Museum for a new building.

Commissioner Jeff Koons is an unpaid member of the museum's board, and he disclosed his role. Although that doesn't necessarily cause a conflict, his disclosure enhances the public trust, Berger said.

Most commissioners received the memo Tuesday. Those contacted said they had not yet read it, and could not comment on the recommendations.

But attorneys will soon begin the process of educating county departments on ethics issues. One possibility is to amend the county's charter via voter referendum to include language about ethics training, giving a sense of "permanence," Berger said.

One recommendation mirrors Commissioner Warren Newell's proposal last week, endorsed by other commissioners, to list on staff reports all individuals, trusts and corporations involved in land use and zoning matters. Such disclosure could be matched with the commissioners' own disclosures to reveal whether any conflicts are present.

"The more disclosure, the better," Newell said. "We want government to be as transparent as possible."

Attorneys also reviewed a proposed 1993 ethics ordinance that commissioners did not pass. Many of the suggestions then - such as lobbyist registration, gift laws and other disclosure regulations - have since been covered by county ordinances or state laws.

Other proposals at the time included the creation of a five-member ethics committee and the disclosure of property ownership of all county employees and advisory board members.

Included in the attorney's recommendations is a review of the state's ethics codes regarding voting conflicts and the appearance of conflicts.

In the end, Berger said, a bevy of new regulations may not be practical, but more complete disclosure "makes it absolutely open to everyone of who's got what where."

But not everything is avoidable.

"If you are completely dishonest to the core, you just don't put a name on" a disclosure form, Berger said. "There's no ironclad defense against just flat-out lying, unfortunately."

Osceola chambers call for growth rules

Groups that include developers ask the county to seek more state regulation.

Daphne Sashin
Sentinel Staff Writer

January 10, 2007

KISSIMMEE -- Business leaders in Osceola County have taken the radical step of asking for more government regulation, in the form of greater oversight of large developments than the state requires.

Osceola's population growth recently triggered an increase in the threshold for residential projects that must undergo in-depth state and regional review from 1,000 homes to 2,000. The Kissimmee/Osceola and St. Cloud chambers of commerce, which count developers among their members, have asked the county to lobby the governor and Cabinet to reinstate the 1,000-home minimum for developments of regional impact.

Counties are allowed to petition the governor and Cabinet to raise or lower residential thresholds by up to half the amount set by the state. If successful, Osceola would be the first county to lower its threshold and would go back to having the lowest minimum in the seven-county Central Florida region.

"There's nothing we like less than more government bureaucracy and red tape," said Mike Horner, president of the Kissimmee chamber. "However, growth is Osceola County's greatest challenge, and the DRI process is an important tool for controlling that growth."

Projects classified as developments of regional impact are scrutinized by a host of state and regional agencies for their effect on roads, schools, wetlands, water supply and other public systems. The process can take a year or more to complete and tack on $250,000 to $500,000 to a project's cost, said consultants familiar with the process.

Some developers and their consultants argue that counties already have the tools to manage growth. They say the expense and time associated with preparing DRI applications translates into higher prices for home buyers but does not guarantee higher quality.

"If we want stronger development standards as a county, put them in place. Don't leave it to the state and the region to do that," argued Mary Jane Arrington, a Kissimmee planning consultant. "We can have stronger development regulations, and not just for big development -- for every development."

County officials counter that state and regional review creates better-planned developments because it involves agencies that otherwise would not provide their expertise.

Chief among those is the state Department of Transportation, said Jeff Jones, Osceola's "smart-growth" director and a former planner with the East Central Florida Regional Planning Council, which oversees DRI reviews.

"Because state roads are such an important piece of infrastructure in Osceola County, having the state review the projects for impacts to those roads is critical," Jones said. "They will do that if it's a DRI. If not, they probably will not get terribly involved, simply because their workload will not allow it."

The DRI process offers some benefits for developers of large pieces of land, Jones said. Once a project is approved, the developer receives vested development rights -- related to the number of units that can be built -- that cannot be taken away, even if political winds shift.

"It provides a lot of certainty in terms of what you can build in the next 20 years, and consequently, what you can sell and do business with," Jones said.

Bob Whidden, a planning consultant who has worked on the majority of the DRIs being planned in Osceola, said he is willing to risk the disapproval of some of his clients because "it's the right thing to do."

"There are certain developers that just abhor any kind of control. But the bottom line is they probably don't live here, and you've got a general public that's just screeching about the results of development," Whidden said. "If I'm here for another 20 years and nobody wants to live here anymore, what do I do then?"

The County Commission is scheduled to take up the matter at its next meeting.

The Kissimmee chamber anticipates a strong fight in Tallahassee from developers who don't want a precedent set across the state.

"If these other counties all start reducing their threshold, that's a major expense," Horner said.

He said the chamber is prepared to argue that Osceola should be allowed special protections because the land drains into the Kissimmee Chain of Lakes, which serves as the headwaters of Lake Okeechobee and the Everglades.

Daphne Sashin can be reachedat dsashin@orlandosentinel.comor 407-931-5944.

shorter version ran in Final Edition 

Planning amendment backers may get unintended result


TALLAHASSEE, Fla. (AP) -- A group sponsoring a citizen initiative designed to give voters a bigger voice in local planning and development decisions may face an unintended consequence from its argument Tuesday before the Florida Supreme Court.

The high court previously approved the ballot language for Florida Hometown Democracy's proposed state constitutional amendment, which would require local referendums on changes to city and county comprehensive plans.

It will go on the 2008 ballot if the group collects at least 611,009 signatures. Hometown Democracy has obtained 85,235 so far.

Now, the justices are separately considering a financial impact statement written by the state. It predicts the amendment would cause local governments to "incur significant costs (millions of dollars statewide)" although acknowledging "expenditures cannot be determined precisely."

Hometown Democracy attorney Ross Burnaman argued the high court lacks authority to review the statement.

The justices suggested if Burnaman is right, the statement then may go on the ballot without their approval although he also argued it is inaccurate and misleading.

"I'm darned if I do, and I'm darned if I don't," Burnaman told them.

On the other hand, Hometown Democracy could win by losing if the justices rule they do have jurisdiction. They then could reject the statement and send it back to the state's Financial Impact Estimating Conference to be revised.

At least a couple justices supported Burnaman's view that the statement is inaccurate.

Chief Justice R. Fred Lewis said it is based on an assumption there would be frequent referendums although the initiative's intent is to discourage comprehensive plan amendments.

"To me, it seems like it's a scare tactic to keep our citizens from taking a look at the control of growth matters," Lewis said.

Acting Solicitor General Louis Hubener disagreed, saying the statement refers only to "millions of dollars."

"It doesn't say tens of millions or hundreds of millions," Hubener said. "I don't think there's an intent to exaggerate."

Justice Barbara Pariente also questioned the statement's accuracy, but Justice Raoul Cantero suggested the amendment would increase costs because special elections would be needed for changes that cannot wait until the next regular election.

Doubts about the Supreme Court's jurisdiction emerged after the Legislature revised a law dealing with the financial statements, required for all citizen initiatives, in 2004. Apparently, lawmakers inadvertently left out a provision that had allowed the attorney general to ask for Supreme Court reviews, Hubener said.

He argued the justices still could check the statements based on constitutional requirements for the attorney general to seek reviews of citizen initiatives and the Legislature to provide "a statement to the public regarding probable financial impact."

The reference to the attorney general applies only to the initiatives, not the financial statements, and providing a statement "to the public" doesn't mean it goes the ballot, Burnaman argued.

He also contended the law requiring the statements on the ballot is unconstitutional.

"You really have dropped - I hesitate to call it a bomb - a rather dramatic statement on us," said Justice Harry Lee Anstead. The justices, though, were reluctant to consider that issue in this case.

Burnaman said he probably first should challenge the law in trial court although it is unlikely to be considered there until enough signatures have been collected to get on the ballot.

Study: Transit saves lots for riders

Palm Beach Post Staff Writer

Wednesday, January 10, 2007

A groundbreaking national study released Tuesday has found that using public transportation can cut family expenses by more than $6,200 a year.

Paul McDermott can attest to the savings.

McDermott said he was able to put son Scott and daughter Shane through college by riding Tri-Rail. He commuted for 14 years from Boca Raton to Miami, where he worked for the Federal Aviation Administration as an air traffic controller.

"It was a considerable savings," said McDermott, who now works as assistant airport manager for the Boca Raton Airport Authority. "In my mind, that's where the money came from for both of them to go to college."

The American Public Transportation Association report also found that public transit saves 1.4 billion gallons of gasoline every year. That's the equivalent of 108 million fewer cars filling up or 34 fewer supertankers leaving the Middle East.

The analysis is intended to serve as a wake-up call as Congress and President Bush discuss moving the country toward energy independence, said William Millar, the association's president.

It's the first time that the group commissioned a study that looked at the savings for both individual families and the nation as a whole.

Public transit by itself will not reduce the dependence on oil, but should be included in the solution along with policy changes and commitments at all levels of government, Millar said.

The average individual savings of $6,251 is based on a household of two workers and one car that's within walking distance - three-fourths of a mile - of a bus or train stop. The savings is more than the $5,781 average annual household spending on food, according to the Bureau of Labor Statistics.

Locally, the expansion of mass transit will be key to relieving congestion as the population grows and money to build new roads dries up, Palm Beach County Commissioner Jeff Koons said.

To make that happen, the federal government has to encourage private investment in rail and transit lines, he said.

Nationwide, ridership on public transit has risen 25 percent since 1995. Tri-Rail nearly matched that increase last year, tallying a 22.1 percent rise in ridership.

Joe Giulietti, executive director of the South Florida Regional Transportation Authority, said stories like McDermott's are common.

Another longtime rider bragged about saving $13,000 that she used as a down payment on a new home, he said.

"It's a very compelling argument for mass transit," Giulietti said.

Briny Breezes votes yes on $510 million buyout

Palm Beach Post Staff Writers

Wednesday, January 10, 2007

UPDATED: 12:40 p.m. January 10, 2007

BRINY BREEZES — Residents of this mobile home park municipality, long a defiant remnant of a rapidly vanishing Florida, have voted to end all that, surrendering to the parade of progress and the allure of a half-billion dollars.

Shortly after a shareholders' meeting began at 9:30 a.m. at the auditorium of the 43-acre park, it was announced that 82 percent of the shareholders had voted to approve the sale to a Boca Raton-based developer for a whopping $510 million.

With tears in her eyes, park president Mary Kimber said after the vote, "It doesn't matter how we voted. We're Briny-ites and we'll always be that until the end."

"We are delighted with the shareholders decision to ratify their Board's position," said Jean Francois Roy, president of Ocean Land Investments, said in a press release. "We appreciate their confidence and support."

"As a longtime Palm Beach resident and business owner I feel proud to be a part of such a significant development." said Dan Catalfumo, President of Catalfumo Construction and Development, a partner in the deal.

 

The vote made many of the 488 property owners millionaires, but they will not see that money for several years.

Joseph Ursone, a resident for five years, voted his shares for the sale, but said he was not happy. Sitting in a golf cart outside the meeting, he said, "It makes dollar sense, and it is closure. Everyone has been on pins and needles. It is time to move on."

Mary Johnson of Indiana wiped away a tear as she left the meeting. She wasn't thrilled with the idea of a sale, but her 87-year-old mother, who owned the property, had voted her shares for the sale.

"It's kinda mixed emotions. But you gotta move with the times."

Before the tally was announced, there was an air of apprehension and uncertainty among the residents.

"Last year, I would have said it would have sold," said Kathy Bray, a resident for two years, as she walked into the meeting. "Now I am not too sure. A lot of people are waffling."

For decades, the park - which drew "tin-can tourists" as early as the 1920s, was bought out by residents in 1958 and was incorporated as a municipality in 1963 - had fended off one suitor after another.

Some residents had insisted no amount of money was enough for them to give up their idyllic lifestyle, even as condos, mansions and country clubs spring up around them.

But in October 2005, Boca Raton-based Ocean Land Investments offered Briny Breeze residents $500 million for the 488-unit property. The offer put stars in the park's collective eyes; they told Ocean Land they'd like to shop around a little. Ocean Land backed out.

In early 2006, the town put out for bids. Four companies submitted packages. On Dec. 12, directors announced their choice: Ocean Land.

Directors unanimously voted to sign a contract with the firm which had tendered $510 million - not that much more, all things being equal, than its October 2005 offer.

The deal required that residents, who own shares in various amounts, according to the size and location of their lots, cast "yes" votes equal to two thirds of the park's 15,703 shares.

They easily passed that mark when the vote tally was announced this morning: 12,556 shares for, 2,691 shares against, and 456 not voting. The non-votes were automatically cast with the no votes, but fell far short of killing the deal.

Ocean Land would not close on the place until March 2009 at the earliest.

Ocean Land founder Jean Francois Roy has said he envisions various residences, including high-end condominiums, townhomes, a boutique condo-hotel resort and a marina, as well as retail and commercial space, restaurants and parks, built during the next 10 to 15 years, with some residences ready within six years of the 2009 closing.

Briny's clock is ticking

Palm Beach Post Staff Writer

Wednesday, January 10, 2007

BRINY BREEZES — A prewar-era school bus pulls up next to a row of travel trailers and a wood-paneled station wagon under the arced trunks of tall palm trees. Girls in saddle shoes and dresses and boys with slicked-back hair and tucked-in shirts line up, single-file. The children of Briny Breezes, among them a teenaged Bob Kraft, prepare for a day at school.

Now 79, Kraft never considered his personal mementos a part of history, but after today's big vote, this photo, now in the archives of his neighbor, Joan Nicholls, might become just that.

"It's the Old Florida they all lament," he said, flipping through photos of himself as a teenager on the beach with other Briny kids, a clipping from the year he won a spelling bee. (Well, the story said he won. He said he actually finished runner-up.) "It's kind of sad. I guess pretty soon everything's going to look like Fort Lauderdale."

The photographs in Nicholls' oceanfront trailer tell the story of this town's history, just short of half a century. If her neighbors vote to sell today, her archive will be all that remains of this last vestige of Old Florida clinging to a strip of barrier island near Boynton Beach. With a $510 million offer on the table from Ocean Land Investments and an unusually active hurricane cycle promising to throw more storms Briny's way, most residents say the trailer park's demise is a foregone conclusion.

"I was sick about this," said Nicholls, 72. "Totally devastated."

Now that the park faces oblivion, she has to find a home for the stacks of documents she has accumulated for 15 years. The Boynton Beach and the county historical societies have shown interest in the collection, which officials call invaluable.

This week, Bonnie Dearborn, an administrator from the state's Division of Historical Resources, plans to take photos and copy some of Nicholls' documents for her regional files.

"There are not many communities of that type," she said. "It's part of the history of Florida. We don't know if it's going to remain as it is; likely not. We'll save them so we have something as part of our history."

Two years of interviews

Nicholls started the town's historic preservation committee with two other residents, Betty Foland and Helen Prudhon, in 1991. She came up with the idea at the party for the construction of the beach clubhouse, when she noticed everyone had a video camera.

"I thought, 'There are no still cameras,' " she remembered. " 'Nothing's being recorded where you can lay it out in an exhibit.' "

She spent two years interviewing longtime residents and asking for documents. She shot aerial photographs of the town from a plane and lined up a typist to record interviews. She has laminated like crazy, hauling documents to the copy shop, and she's scanning in more documents up in Toronto, where she and her husband, Bill, live most of the year.

"I sunk my life into it," she said.

When a resident died, she politely asked relatives to set aside anything of historic interest while going through the person's belongings. That's how she got a complete set of Bugles, the town newsletter, which used to report every bit of minutiae, a vital historical resource.

The archive usually is at the community center. When reporters and preservationists started calling, Nicholls moved it to her home.

Stacks of photo albums cover the kitchen table, and boards of photos arranged for the town's 40th anniversary celebration sit by the wall. Laminated newspaper articles mark the day the townsfolk proudly burned their $350,000 mortgage and the day President Ford blew through in his motorcade. Two white garbage bags, one marked "1950s," sit by the sofa, full of articles and artifacts such as buttons needed to use the pool in bygone days: blue for members, green for renters and orange for guests.

Documents cement history

"Ten to 15 years from now, the memory will be there," Dearborn said. "But if you don't document it, it will just be a memory."

The state would not act as curator of the archives. That job would go to a local historical society, most of which draw their collections from times such as this, when a person dies or a whole community passes into oblivion. They rely on donations.

"We would like to have it," said Voncile Smith, president of the Boynton Beach Historical Society. She has planned a Briny tribute for Feb. 12 at the city library, using other photographs. "People in Briny Breezes should know we're interested in preserving these treasures."

Across the country, other towns have disappeared in economic decline, Smith said. What makes Briny different is it's in a developed area, not a depressed rural community residents are fleeing. Trailer communities all over have disappeared as land values increased and residents sought less rickety shelter in areas prone to tornadoes and hurricanes.

The most recent such occurrence in Palm Beach County was in 1998, when the tiny town of Golfview was dissolved to make way for a Palm Beach International Airport expansion, said Debi Murray, research and archives director for the Palm Beach County Historical Society. She's also interested in Nicholls' archive.

"The very founding of Briny Breezes was a minor miracle in itself," Murray said. "It's not often people who are renting get together and buy the land."

That happened in 1958, when members of the Miller family decided to sell the park they'd managed since the 1920s, on land formerly occupied by the largest dairy farm in Florida.

Families drove for days

Bob Kraft's parents ponied up about $2,500 to buy their shares that year. They'd spent winters in Briny Breezes since 1937, when Kraft's father retired from the Detroit Fire Department. The family drove 400 miles a day for four days to get there.

The first year, they stopped on the west coast of Florida, where most Midwesterners end up.

"Some guy told my dad, 'You know, there's a trailer park on the east coast,' " Kraft remembered. " 'It's right on the beach.' The next thing I knew, we were in the trailer driving over here."

He saw the beach he would come to love for the rest of his life, the one in the photographs he keeps as personal mementos that could become history. The school bus would pick up the Briny children in Boynton Beach for their return trip at 3 p.m., and deposit them home, where they'd hit the beach by 3:30 every day. They'd leave at dinnertime.

"It was really amazing to us, the ocean," said the retired teacher, whose car sports a manatee license plate and a sea turtle bumper sticker.

Cattle grazed nearby and residents had to take a dark, scary road up to Ocean Boulevard to cross the bridge because Woolbright Road didn't yet extend over to the island.

Then, in 1941, the war came. The Krafts went to Michigan and didn't return to Briny Breezes for several years because of the tire and gas shortage. Kraft joined the Navy, then attended the University of Michigan. His parents started coming back in the 1950s, and in 1958, they bought their shares. His mother died in 1964; his father, in 1972. Kraft inherited the property, and he and his wife, Evelyn, rented it out.

But they could not resist the allure of the laid-back community on the beach. In 1987, after Kraft retired from the English department of a Detroit high school, he and Evelyn retired to his parents' old trailer for part of the year. They bought a new one about four years ago, and they've been here ever since.

They haven't thought about where they'll go if the park sells, or whether, 10 years from now, anyone will remember their beloved Briny. Kraft doesn't think it will matter. Probably, no one will be able to get to the beach anymore, he said, when a luxury high-rise blocks their path.

"I don't hold a lot with legacy talk," he said. "I think it'll just disappear. People will say, 'Jeez, can't you remember there used to be an old trailer park here?' "

2006 was warmest on record in United States

By CATHY ZOLLO

H-T SCIENCE WRITER

cathy.zollo@heraldtribune.com
In New England, maple trees were budding in February. Out West, hot weather fueled more than 9 million acres of wildfires. And in Florida, December felt like May, with an average daily high of 78.1 degrees.

Not only was 2006 hot, it was warmer overall than it has been in the contiguous United States since record-keeping began in 1895, government climate scientists announced Tuesday.

Globally, 2006 was the sixth-warmest year on record, said scientists at the National Climatic Data Center, an arm of the National Oceanic and Atmospheric Administration.

Scientists said the cyclical El Niño climate pattern played a role. But the record warm temperatures also fuel concerns that global warming, more than a distant threat, is aggressively heating up the planet.

Each of the past nine years has been among the 25 hottest since records began. And this year could be even hotter.

Last week, British scientists said there is a 60 percent chance that 2007 will surpass 1998 as the warmest year on record.

"We can't say precisely that X degrees above average was due to climate change," said Jay Lawrimore, chief of the climate monitoring branch of the National Climactic Data Center. "...We do know that warmer-than-average seasons are becoming more common and average seasons are becoming more rare."

The average temperature for the 48 contiguous states was 55 degrees last year, 2.2 degrees above average and 0.7 degrees warmer than 1998.

Scientists collected the information from a network of 1,200 station across the country.

They had predicted in early December that 2006 would be the third-warmest year on record after 1998 and 1934, but temperatures edged higher later that month under the influence of El Niño.

Nationally, the warming helped reduce the demand for energy from October to December by 13.5 percent.

The fall and winter were unusually warm throughout the Northeast United States and even in Denver, which was 1.4 degrees warmer than average during the month.

Five other states -- Minnesota, New York, Connecticut, Vermont and New Hampshire -- saw record-setting high temperatures during December.

Part of the blame falls to El Niño, a band of warm water that sloshes back and forth across the equatorial Pacific.

When it sloshes to the eastern Pacific, it affects weather in North America. It makes winter warmer in the Northeast and wetter in the South from Texas to Florida, and dampens hurricane activity in the Atlantic.

Climatologists say it is not the one year that people should be concerned about.

"What we do take notice of from a climate perspective is that many of these year are in top 20 (warmest years) since 1993," said Brenda Ekwurzel, a climate scientist with the Union of Concerned Scientists.

During the past century, global temperatures have increased at about a 10th of a degree per decade, but scientists say this trend has increased to a rate approximately a third of a degree per decade during the past 25 to 30 years.

For Florida, global warming means rising sea level and, many scientists believe, more intense hurricanes

Swiftmud declares severe water shortage

By KYLE MARTIN
kmartin@hernandotoday.com

BROOKSVILLE — Hernando County is officially in the grips of a severe water shortage.

Faced with critically low levels of rainfall, the executive director of the Southwest Florida Water Management District signed an order Tuesday tightening watering restrictions.

After Jan. 16, Hernando County will join the other 60 percent of the district’s 16 counties that allow lawn watering only once a week. The order also shortens watering times by two hours to 6 p.m. until 8 a.m.

The decision was made after an hour-long public hearing at the district’s headquarters south of Brooksville. “I’m strongly of the opinion that action is needed to be taken,” said David Moore, executive director. The “appropriate action is in this order.”

The restrictions will remain in force until July 31, unless the governing board extends or cancels them before then.

The district’s governing board gave its executive director authority to implement the new rules last month in a meeting.

Moore came to his decision after some dismal projections were made for the upcoming year.

The district’s entire area, from Charlotte County to Levy County, was roughly 11 inches short of its typical annual rainfall in 2006.

Hernando County is one of 11 counties whose rainfall deficits are labeled critically abnormal, and it shows in its water sources.

The flow of the Withla-coochee River near Holder was considered critically abnormal and some lakes are two feet below normal levels.

There has been some improvement since October 2006, but the El Nino weather pattern that provided that reprieve will unravel soon, said Garnville Kinsman, manager of the district’s hydrological data section.

“We’re very early into a typically dry season,” Kinsman told Moore.

Kinsman’s staff calculated that even if above-average rainfall occurs in the winter and spring, the district would remain in a rainfall deficit for several months.

Judy Williams, a self-styled “water activist,” was one of a handful of the public that spoke up during the hearing. She commended Moore for taking the initiative to conserve water. “I want to thank you for doing the right thing,” Williams said. “This is necessary.”

Two national drought indicators classify many of the counties in the district, including Hernando County, as critically and abnormally severe.

Though the times have changed, the same watering rules apply.

Even if you choose to skip sprinklers, hand-watering your lawn is forbidden, although plants, shrubs and gardens are allowed. Car washing is permissible only if the hose has a nozzle.

The exception is for new plant material, such as sod, which can be watered anytime for a 60-day period.

Penalties for violations grow with each infraction, ranging from $25 to a possible six months in prison and a $500 fine for the fifth violation.

Reporter Kyle Martin can be contacted at 352-544-5271.

Dry period forces cuts in water use

Swiftmud limits residents to weekly lawn watering

CRAIG PITTMAN and ASJYLYN LODER
Published January 10, 2007

BROOKSVILLE - With the Green Swamp thirsty for rain and the Withlacoochee River nearly dry, the Southwest Florida Water Management District declared Tuesday that everyone in its 16-county area must cut back water use for the next six months.

Local governments such as St. Petersburg that had been letting residents water their lawns two days a week must restrict them to once a week, beginning next Tuesday and lasting until July 31.

Even governments already restricting lawn watering to once weekly will have to cut the hours. Irrigation that could run until 10 a.m. now must occur before 8 a.m., while evening watering that was allowed to start at 4 p.m. now must wait until after 6.

"Everybody needs to start doing their part," said Dave Moore, executive director of the state agency commonly known as Swiftmud.

There are exceptions to the restrictions. For instance, they do not apply to new planting, such as landscaping for newly built subdivisions and stores.

And Moore said the drought will not stop Swiftmud from approving new water consumption permits over the next six months.

"Management of water availability is a long-term problem, while water shortages are a short-term problem," he said.

He said Swiftmud can't declare a moratorium on development, even during a drought that is causing the underground aquifer to drop below normal conditions.

"Under the statutory authority of the water management districts, we don't control growth," he said. "Growth decisions are made at the local level."

On Dec. 1, when Moore and his staff were first considering tighter watering restrictions, the board of Swiftmud approved permits that allowed developers to pump more than 900,000 gallons of water a day from the aquifer in Polk and Sumter counties.

Some users are already pumping more than their allotted share - with few consequences.

Haines City, for instance, has been using 4.16-million gallons a day, nearly 12 percent more than its permitted 3.73-million.

So last month Swiftmud changed Haines City's permit, raising the limit to 5.71-million gallons per day. "The increases are needed because of an increase in population," Swiftmud announced in a news release.

And last year Zephyrhills topped its permitted daily average of 2.75-million gallons by nearly 200,000 gallons a day. In the past two months the city has been able to reduce its water use to the legal limit, said Louie Sellars, utilities superintendent. But it's getting harder to stay within its means as new residents drive up water use, he said.

Hernando County is by far the biggest offender on Swiftmud's list. Its two permits allow it to pump 21-million gallons per day, but it has been overpumping by 2.5-million gallons per day, according to Swiftmud. Like Haines City and Zephyrhills, Hernando County has asked Swiftmud for more water.

Swiftmud has threatened to fine Hernando, but that's a step the agency rarely takes. It imposed no fines last year.

No matter what the weather, Swiftmud's policy is generally to avoid imposing fines and instead concentrate on getting the violators to start complying with their permits, said Swiftmud attorney Bill Bilenky.

Signs of an impending water crisis have been popping up since summer. Rainfall has been light everywhere except in some coastal counties such as Pinellas and at Tampa International Airport. In Citrus, Hernando, Pasco and other counties, the rainfall fell so short that Swiftmud classified it as "critically abnormal."

One hard-hit area is the Green Swamp, the source of four of Central Florida's rivers: the Withlacoochee, Hillsborough, Okalawaha and Peace. Two of those, the Hillsborough and the Peace, supply drinking water. So when the Green Swamp goes thirsty, it cuts into the water supply for Tampa and Sarasota.

"The Withlacoochee River near Holder is nearly empty," Moore said.

Low flows on rivers, such as the Alafia, cut into the supply available for Tampa Bay Water's customers. Instead the utility must get water from underground pumping or tap its new 15-billion-gallon reservoir. In October, the reservoir held about 14-billion gallons. As of Jan. 1, it was down to 10-billion gallons.

Moore said he had been contemplating the stepped-up restrictions as early as November, but held off because forecasters said the El Nino weather pattern was likely to bring heavy rains in December.

But those storms did not materialize, and now forecasters say El Nino is dissipating. The last time there was El Nino, Moore said, plenty of rain fell, but when it ended, "it was like someone shut the rainfall off."

And the summer rainy season won't arrive until June.

"We've got another five months of dry season to get through," said Granville Kinsman, Swiftmud's director of hydrological data. "We've got to get more rain to keep the water supply flowing."

Craig Pittman can be reached at craig@sptimes.com Asjylyn Loder can be reached at aloder@sptimes.com or 352754-6127

Manatee deaths a record

But the wildlife agency wants to lessen their protection.

By BARBARA BEHRENDT, Times Staff Writer
Published January 10, 2007

A record-high number of manatees died in Florida last year, fueled in part by a rise in watercraft-related fatalities.

The state saw 416 manatee deaths, one more than the previous high in 1996, the Florida Fish and Wildlife Research Institute reported. That included 86 watercraft-related fatalities, the second highest ever.

The report was released Tuesday - just two days before the comment period ends on the Florida Fish and Wildlife Conservation Commission's proposal to downgrade manatees from an endangered to a threatened species.

The proposed downgrade has irked groups like the Save the Manatee Club because, among other things, the state's new manatee plan would allow a loss of 30 percent of the manatee population within the next three generations.

Record mortality numbers fit in with that kind of picture.

"They're managing for a declining population," Save the Manatee executive director Pat Rose said. "You're supposed to manage for an optimal population ... so we're obviously pretty frustrated."

But Florida Fish and Wildlife officials aren't sure whether the rise in deaths is cause for concern.

"Scientists are unsure as to whether the increase reflects manatee population growth, increased mortality or better detection of carcasses," the agency said in a news release.

"It's always sad to see such high numbers, especially in watercraft-caused mortality, but these numbers shed some light on the measures we can take in our commitment to reducing human-related threats to manatees and possibly other threats," wildlife commission Chairman Rodney Barreto said. "With continued human population growth and enjoyment of the outdoors, we must all be diligent in the conservation and protection of this gentle animal."

The manatee plan examines existing protections and proposes new ones. It also includes new measurements for the health and viability of the manatee population.

By Tuesday afternoon, the state had received 664 comments on the proposal.

The plan will be presented to the wildlife commission on June 13 in Melbourne. If the commission accepts the plan and reclassifies manatees as threatened, the designation will indicate that the species has a very high risk of extinction.

The 2006 mortality numbers didn't surprise John Sprague, government affairs chairman for Marine Industries of Florida. As the manatee population has grown, he said, so has the number that eventually perish.

The statewide count of manatees has grown from 1,268 in 1991 - the year of the first count - to a high of nearly 3,300 in 2001. About 3,100 were counted last year.

While some argue that means the population has risen, others attribute the numbers to improved manatee counting techniques.

Boat-related deaths have traditionally made up about a quarter of the overall number of manatee deaths, but Sprague noted that if it hadn't been for the 61 Red Tide deaths last year, the number would not have even been close to the record.

"We believe that the animal is going to be around forever," he said. "We don't believe that the public is going to allow numbers to get low enough for it to become extinct."

Blaming the rise in deaths on the fact that there are more manatees doesn't wash with Rose, from the Save the Manatee Club.

"We're not getting a large increase in mortality in places where we're seeing increasing or stable manatee populations," he said. Instead, he said, it is along the east coast and the southwest section of the state where manatee deaths are increasing while the populations are declining or mixed.

Crystal River in west Citrus County is preparing for the onslaught of visitors to the annual Florida Manatee Festival this weekend. Between finalizing her comments about the state's manatee management plan and arranging logistics for the arrival of the club's massive manatee promotional balloon for the festival, Save the Manatee co-chairwoman Helen Spivey was fretting over the latest mortality numbers.

But even more troubling to her was a state news release that tried to explain away the record number of deaths.

"I think it's a professional spin as good as the Democrats and Republicans put out," said Spivey, a former state legislator. "I think it's just spin, and I really hate to see a state agency spin something that means so much to an imperiled species."

Barbara Behrendt can be reached at 352 564-3621 or behrendt@sptimes.com.

Newcomers, farmers make odd neighbors in South Dade

Some homeowners lured to South Miami-Dade have discovered living near farmland can be far from peaceful.

BY TERE FIGUERAS NEGRETE
tfigueras@MiamiHerald.com

Eddy Calero put down roots in South Miami-Dade three years ago, lured by a still reasonable real estate market and the prospect of swapping Kendall's stop-and-go traffic for a less harried commute through pastoral farmland.

But he didn't count on the sluggish tractors that sometimes clog the only road from his subdivision to the turnpike at inopportune moments -- like when he and his neighbors are heading to work.

Nor did he factor in the dust, which cast a cloud over a nephew's recent birthday party at a neighborhood park. Machinery readying a nearby field for planting sprayed the festivities with misty waves of soil.

''Who would've thought they would be working on a Saturday?'' said Calero, 30, an architect.

The housing boom that brought Calero and thousands like him to South Miami-Dade has made unlikely neighbors of farmers and these suburban transplants -- some of whom are discovering that living so close to Miami-Dade County's agricultural industry can be far from bucolic.

Complaints about farming activities -- some legitimate, some not -- are increasing as more people move in, prompting the county's agricultural director to draft brochures that will outline the sometimes unpleasant particulars of living close to a bustling, billion-dollar industry.

''They get here and it's a wake-up call,'' said Charles LaPradd, the county's agricultural manager. ``The ag industry is dirty, dusty, loud, noisy and 24 hours a day.''

He plans to distribute the brochures to real estate agencies and other businesses that might reach potential buyers.

Standing in a field of knee-high sweet corn, John Alger ticks off a list of farming chores he is sure will inevitably annoy his soon-to-be neighbors: noisy pumps chugging through the night; irrigation spray misting the sides of homes; the unmistakable perfume of fertilizer wafting over backyards.

''We don't make great neighbors,'' said Alger, eyeing a new crop of single-family houses under construction along one of his fields near the Homestead Miami Speedway. ``We'd like to be, but that's not how it works.''

Enforcement officers at Team Metro's South District, which stretches from Southwest 184th Street to the county line, are fielding more complaints about agricultural activities -- even as the actual acreage of land farmed has shrunk.

MORE DEVELOPMENT

During South Dade's housing boom, the number of agricultural acres in the county fell by an average of 1,800-plus each year -- from 80,237 in 2000 to 68,918 in 2006. Much of the agricultural land was replaced with residential development, according to Miami-Dade's Planning and Zoning Department.

''As more people move in with development, we're getting more calls,'' said Leon Cristiano, Team Metro's South District director.

He said the office dealt with only a handful of similar complaints before the housing boom. In 2006, he estimated, the number topped 300 -- a relatively small slice of the office's caseload, but one that can take up plenty of time.

Just driving out to a routine inspection on the far fringes of the county can take hours. And then there are the tasks that would vex even Dr. Dolittle: An anonymous complaint about a noisy and overpopulated chicken coop meant an unusual house call to make sure the owner was adhering to the 99-chicken limit outlined by code -- he wasn't.

''Chickens and roosters move around,'' Cristiano said. ``It's not that easy to do a head count.''

FARMING PROTECTIONS

Normal agricultural activity is protected under Florida's Right to Farm Act, created to protect farmers near urbanized areas from nuisance lawsuits. Some farmers have taken to posting metal signs, purchased from the Dade County Farm Bureau, that warn of ''odors, noises, spraying and insects'' and advise prospective buyers interested in settling nearby to ``take this into consideration.''

Newlyweds Sal and Jessica Benchetrit were eager to snap up their two-story townhome in the sprawling Keys Gate development in Homestead two years ago.

''This felt like the last frontier,'' said Sal Benchetrit, who was raised in Kendall and charmed by the fruit groves in South Dade.

Not so charming, though, was a chalky film that would coat his black Toyota 4-Runner, mystifying him at first.

''It would be fine, and the next day it would be covered by this white soot,'' said Benchetrit, who realized the mystery dust was from mineral deposits and caused by spraying at nearby fields.

The county requires sellers to provide a disclosure -- warning of potential bothers such as livestock, pesticides and large machinery -- to new buyers purchasing property in or adjacent to agricultural land. The disclosure wouldn't apply to homeowners such as Calero and the Benchetrits, whose homes are tucked into large developments and don't directly abut farmland.

Not that the disclosure would have changed their minds.

''When you think about the price, getting stuck behind a tractor or some dust is not that bad,'' said Calero, who, like the Benchetrits, paid less than $200,000 for his four-bedroom home.

With new homes continuing to sprout alongside his fields, Alger -- whose family has been farming in the area since 1934 -- is pragmatic about the changes that have come to South Dade.

''This is not the cozy little town that I grew up in,'' Alger said. ``But this is where people want to be, and this is where there is still land that people can buy.''

The small-town feel may be a thing of the past, but Alger and other long-timers say newcomers would be wise to brush up on neighborly etiquette -- such as staying off his fields. On a recent weekend, Alger lost several hundred dollars' worth of produce after ATV riders drove in loops across his field, trampling cornrows.

DANGER ON ROADS

Another, potentially dangerous, faux pas: motorists who cut off farm equipment, especially heavy machinery like tractors, and drive aggressively near horses.

In November, a horse was killed and its rider badly injured after a sport utility vehicle struck them while driving down a Redland road. The case is pending, Miami-Dade police said.

More homes will likely bring even more complaints, said Francie Boellard, head of code compliance for Team Metro's South District.

Aiming her county-issued Ford sedan north along a rural stretch of road, Boellard slows down to point out a pair of roadside signs: The first announces ''Hay for Sale.'' The second advertises ''Custom Built Houses'' coming soon. The full-color poster depicts a Spanish-style manse complete with barrel-tiled turrets.

''Where else but here are you going to see something like that?'' Boellard said. ``And I bet as soon as those new people come in, some of them are going to start complaining.''

Minneola wants local controls

City Council members have questions about the school district's ideas about growth limits.

Robert Sargent
Sentinel Staff Writer

January 10, 2007

MINNEOLA -- School leaders are encouraging one last city to join Lake County's "pay-as-you-grow" plan, which will help ensure enough classrooms are built to handle the rapid spread of new homes.

During the past year, the school district has worked with the county and 14 local cities on an agreement to protect schools from the tremendous impacts of growth. School officials say all the governments now have signed off except for a single holdout -- Minneola.

Some City Council members argue that they are not trying to delay efforts.

But they have serious concerns about the concurrency plan, and they say they want answers from the school district.

In the meantime, Minneola has considered its own interim proposal for school concurrency.

That idea could be brought up during a City Council meeting at 7 p.m. today, although some officials may ask to delay the discussion.

Minneola has scheduled another meeting Jan. 16 to talk with representatives from the school district about the countywide concurrency project.

"It is absolutely important to get the city to sign on for us to get concurrency on a countywide basis," said School Board member Cindy Barrow. "It is the final step."

Minneola officials say they are concerned how the county agreement will affect their city and plans for schools in the area.

One issue that has been discussed with several cities is whether countywide concurrency will give the School Board too much control over proposed residential development.

City Council member Ed Earl said he is concerned about one part of the concurrency agreement that could require Minneola to share its public facilities with other governments.

"I have some issues with allowing any other city to come in and use our recreational facilities that Minneola taxpayers paid for," Earl said.

Council member Joseph Teri agreed: "Why should we be compelled to make the Minneola gym available to Clermont, Groveland or Montverde?

"And what does that have anything to do with providing educational facilities to the students of Lake County?"

Earl also said he is concerned about proposed service areas and that residential developments may be approved if classroom capacity is available in an adjacent service area -- possibly miles away.

Teri said many of the concerns should be addressed.

He said Minneola is a strong school supporter. When considering some new developments, officials have required builders to turn over land and money to help build new facilities.

"We have done a good job," Teri added.

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

ATVs Can Be All-Terrain Violations of Property and Ecology

tom.palmer@theledger.com

The holidays are barely over and I'm already getting complaints about the environmental effects of some of the presents.

I'm talking about all-terrain vehicles.

The problem is not the vehicles themselves, but some of the people who ride them.

There are thousands of these vehicles among the estimated 20,000 off-road vehicles owned by Polk County residents. Off-road vehicles can include anything from dirt bikes to swamp buggies.

One problem is trespassing.

First, of course, is the fact that trespassing is against the law, though I've learned that property owners have to post their land to allow the police to take action.

Even if it weren't illegal, it's still disrespectful and destructive.

Environmental land managers regularly battle incursions by ATV users. I personally know of cases were ATV users have cut fences and knocked down gates at nature preserves. It is distressing.

Another serious problem is the effect on wildlife and natural areas.

The current issue of Audubon magazine details the problems ATVs cause for shorebirds on North Carolina's Outer Banks.

Closer to home I was talking to someone who witnessed some kids on ATVs harassing sandhill crane chicks. When they confronted them about it, the youths said they didn't realize they were doing anything wrong. Amazing.

Outlaw ATV riders can damage environmentally sensitive habitat and their vehicles are certainly capable of spreading exotic plant species or agricultural diseases such as citrus canker.

Then there are the annoyance and safety factors.

Lake Wales officials voted in December to ban ATVs from public property at the recommendation of the city police to prevent just that sort of thing.

Some county parks have been forced to post signs to ban ATVs because of problems.

County commissioners in neighboring Lake County voted unanimously in October to opt out of a state law that allows ATVs on unpaved public roads.

The option has been offered to Polk commissioners to do the same thing, but so far they've taken no action.

County commissioners have been talking on and off for years about establishing a place to let off-road enthusiasts ride to their hearts' content, possibly on some reclaimed phosphate land in southern Polk.

That would probably be a good place for the activity.

The terrain is varied enough to make the ride challenging, the land has already been torn up and it's remote enough to eliminate the possibility for any complaints from the neighbors.

It's hard to know whether that will reduce the local complaints, but it's worth a try. Besides, a well-rounded park system should probably have places for as many user groups as possible.

NEW YEAR'S DAY HIKE

I stopped by to check on the reaction to County Commissioner Bob English's inaugural New Year's Day health hike at Circle B Bar Reserve.

Despite cloudy skies and an initial drizzle, about 150 people showed up and appeared to enjoy themselves.

Even when there's not a special event, I usually see quite a few cars parked there. The investment in places like this appears to be paying off.

BIG O BIRDING FESTIVAL

If you don't mind traveling, there will be an interesting nature festival at the other end of the Kissimmee River in early spring. It is the sixth annual Big O Birding festival, scheduled for March 30, 31 and April 1 in Moore Haven.

The festival has moved to capitalize on the return of swallow-tailed kites from their migration to South America and will feature a couple of Florida's premier outdoor writers and photographers.

They are Tallahassee naturalist and writer Susan Cerulean and Gainesville photographer John Moran.

Cerulean is author of "Tracking Desire: A Journey After Swallow-tailed Kites," which concerned her association with swallow-tailed kite researchers and personal reflections on this striking bird of prey.

Moran will give a presentation on his book "Journal of Light: The Visual Diary of a Florida Nature Photographer," a 20-year collection of photos and essays, published by University Press of Florida in 2004.

For more information on the Big O Birding Festival, visit their Web site at www.bigobirdingfestival.com or e-mail twhirls@gladescountyedc.com.
Sand Sellers May Go to Slammer

SANIBEL - You can do a lot of things with beach sand on this Southwest Florida island getaway. Build a sand- castle. Run it through your bare toes. Bury yourself up to your neck.

Just don't try to sell it on eBay.

City officials recently warned an eBay seller of the consequences of breaking the city's ban on sand sales after learning of an Internet auction offering a bag of Sanibel's grains at $7 a pop.

The punishments for those convicted are two months in jail and up to $500 in fines.

The listing was removed from the Web site last week and no charges were filed against the would-be seller.

But city officials said that they will consider prosecution if the island's sand shows up for sale again.

"We take violations of our environmental ordinances very seriously," City Manager Judith Zimomra said. "Fortunately, we have a lot of eyes and ears out there that are concerned about Sanibel's environment."

Littlefield joins PSC, pledges cheap, reliable energy

Palm Beach Post Staff Writer

Tuesday, January 09, 2007

Former Florida House Rep. Ken Littlefield joined the five-member Florida Public Service Commission today, pledging to help promote cheap and reliable energy and a competitive telephone market balanced with adequate consumer protection.

"I consider the responsibility of the Public Service Commission to be one of the highest in the state," Littlefield, R-Wesley Chapel, told a packed room in Tallahassee of former utility regulators, lawmakers, family and friends. "Being appointed to take a seat on the commission is certainly a huge honor."

The PSC regulates the state's utilities such as Florida Power & Light Co., telephone companies including BellSouth Corp., and some water and wastewater companies.

Former Gov. Jeb Bush appointed Littlefield to a four-year term.

Joining Littlefield this morning was PSC member Isilio Arriaga, who was sworn in for a second four-year term.

Arriaga joined the PSC in 2005, filling a seat left by Charles Davidson, who resigned.

Arriaga promised fairness to consumer advocates and to utilities.

"As demonstrated by my 15 months as commissioner, I will always vote my conscience," he said. "Decisions will continue to be based on the facts before us."

Both appointments, however, still need to be confirmed by the state Senate, and Gov. Charlie Crist is reviewing all of Bush's choices.

"Governor Crist has every right to review the appointments that Governor Bush has made that haven't gone through the confirmation process," PSC spokesman Anthony De Luise said today.

Crist has been vocal about making changes at the PSC, saying the regulatory agency's obligation is to the people instead of to the utilities they regulate.

"I certainly think we need to change the PSC," Crist said before the election. "If ... I am elected governor, it (the PSC) will change very quickly in the appointment process of who those people are, because the first question in my mind will be: ëDo they understand that their obligation is to the people first and foremost, and to protect them and make sure they aren't taken advantage of?' "

The PSC was to meet at 1 p.m. today. Included on the agenda is a review of the power-pole inspection plans that have been implemented by FPL and other utilities.

Construction Coming To Bella Verde

Published: Jan 10, 2007

SAN ANTONIO - If things had gone as planned, Cannon Ranch's conversion from grazing land to homes and businesses would be nearly finished by now.

The 1989 agreement between the county and the owners of the ranch envisioned the golf course community being built by 2009.

Nearly 20 years after that agreement was signed, highway billboards and roadside signs promise resort-style living on the property, now known as Bella Verde.

So far, though, two unoccupied single-story buildings and an overgrown would-be fountain - the core of a future sales center just south of State Road 52 - are all that stand on the property.

"It's the bridesmaid," said Pasco County Commissioner Ted Schrader, who represents east Pasco. "It can't seem to get to the altar."

That's about to change, says the man who leads the consortium developing the 2,000-acre ranch.

"About a year ago, we corrected some engineering that had been done that was requiring the project to import a lot of fill that was unnecessary," said Lee Newell, president of California-based New Cities Land Co. Inc. "At this point, the site balances and we're actually under construction."

Don't expect to see bulldozers and backhoes any time soon. The survey markers, silt fencing and tree guards must go in first. Then will begin the clearing and grubbing.

Bella Verde has cleared review by the Southwest Florida Water Management District and the U.S. Army Corps of Engineers.

The state Fish and Wildlife Conservation Commission has cleared the developers to kill or move about 40 gopher tortoises on the site.

To win approval from the Corps and the water management district, the developers agreed to create or enhance wetlands to offset those destroyed by development.

Bayou Branch, a tributary of Cypress Creek, crosses the northern third of Bella Verde, which also has several ditches, streams and wetlands.

The developers also say they'll keep 46 percent of the property in open space or wildlife habitat and will build underpasses for small animals beneath two major roads.

Earthmoving later this year will shape both home lots and the professional-level golf course at the center of the development. Lots could be up for sale by 2008, Newell said.

"The marketplace in Pasco under a half-million dollars for a home is still pretty strong," Newell said. "I think it will have at least an allure for out-of-state people."

A Step Beyond

Bella Verde's developers, who include Saddlebrook Resort founder Tom Dempsey, envision the new project as a step beyond the aging Wesley Chapel golf-and-tennis resort. Bella Verde's golf course will be designed by Arnold Palmer and will be wired to broadcast national tournaments.

The golf course should be ready for play by summer, Newell said.

Newell plans eventually to turn the project over to residential developers. A planned sale this past summer did not materialize.

"That's still in flux right now," Newell said. "We're talking to a number of interested parties, all household names you'd recognize."

Last October, Newell signed a $21 million mortgage against about two-thirds of the project and began moving ahead with development.

Newell expects to begin issuing community development bonds this spring to build roads, water lines and other public utilities.

The developers won approval in 2005 to issue $220 million in special assessment revenue bonds for Bella Verde's three districts, according to records on file with Pasco County. Future residents will repay those bonds.

For people not in line to buy homes, Bella Verde remains of interest because it's a linchpin in the county's road plans for east Pasco.

Truck Route, Road Widening

Bella Verde is committed to building the western half of Clinton Avenue Extension, a county project intended to shunt truck traffic around State Road 52 bottlenecks at St. Leo and downtown Dade City.

The developers deal with county and regional planners also requires them to widen S.R. 52 between Interstate 75 and the entrance to Bella Verde just east of McKendree Road. That widening was supposed to have been completed by this year, but now has a 2010 deadline, according to county road plans.

Last year, Bella Verde also sold land to the county to widen Tyndall Road and Curley Road along its southeastern perimeter. The eventual Tyndall widening will serve a high school planned for Bella Verde's southeast quadrant.

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

Arsenic, lead halt development near Wellington Green

Palm Beach Post Staff Writer

Wednesday, January 10, 2007

WELLINGTON — Elevated levels of arsenic and small amounts of lead have been found in the ground water or soil south of Pierson Road near the Mall at Wellington Green, forcing a home development to be halted and prompting testing in nearby areas.

Builders at the proposed 202-home Oakmont Estates alerted Wellington officials to the discovery of the odorless, tasteless and potentially deadly arsenic poison Friday, after testing for about two months.

Sale of the homes is now on hold, including 67 that builder Centex Homes reports are under contract but have not closed.

"We are voluntarily delaying the closings," said Centex spokeswoman Aimee Craig Carlson, who said buyers have an option to pull out of the deals without penalty.

Centex plans to do more testing for lead, Carlson said late Tuesday.

Gary Clough, the village's engineering and environmental services director, said, "Obviously, we're going to test our property, too, because we have K-Park there."

The future site of the 67-acre park is east of the Oakmont property on State Road 7.

Although arsenic is a naturally occurring element, high levels are found in fertilizers and pesticides.

Both Oakmont and K-Park are old farmland, but K-Park was farmed more recently, about 18 months ago, according to the village. The village does not suspect any arsenic contamination in drinking wells, Clough said. Lead was detected only in the soil, along with the traces of arsenic.

The village will begin testing nearby canals and K-Park in two weeks.

Centex has pledged to clean up any arsenic on its site and possibly meet with state and federal officials on Feb. 9, said Stephen Webster, spokesman for the Florida Department of Environmental Protection.

Property owners tested the land about two years ago after its purchase, according to the village. After recent testing, however, Centex told Wellington that the area affected with arsenic is larger than initially thought, Clough said.

The cause for the arsenic or lead is unknown, Centex said Tuesday.

New restrictions on allowable levels of arsenic recently took effect. It was unclear whether the Oakmont lands were within the acceptable arsenic levels of the old rules, while failing to meet the stricter regulations. As for the lead discovery, Oakmont was for years the site of an old skeet range, where lead bullets may have been used.

Centex planned to sell single-family homes at Oakmont for $555,000 to $800,000. Arsenic, which can be fatal in small doses or cause cancer after long-term exposure, also was found at the site of Palm Beach Central High School before its construction.

Pulte Home Corp. to get at least $1.1M in disputed impact fees

By Mark Pino
Sentinel Staff Writer

January 10, 2007, 1:32 PM EST

KISSIMMEE -- A circuit judge approved an order today that clears the way for about $1.16 million in disputed impact fees to be paid to the Pulte Home Corporation.

Another $277,638 will be put into a special account pending a final determination on whether it should be distributed among 180 homeowners or to the company.

Pulte sued Osceola County over its procedure for the refunds from school-impact fees in July. The refunds became necessary because after a judge in 2005 lowered the fee.

The fees are charged on new homes to pay for building new schools. They typically are paid by the builder and added to the cost of a home but Pulte said it doesn't "pass through" individual costs to buyers.

Pulte and the county were waiting to see how many homeowners filled out applications for the refunds. Of the 1,040 homes in question, there were only 180 units where Pulte and the homeowner both filed for the money. The 860 that only Pulte filed for translates into the $1.16 million that the county will pay to Pulte in the next 14 days.

Pulte has 90 days to add those owners to the case. The county and the school board "are relieved of all further responsibility in these proceeding or for the refund of the moneys sought from the Contested Applications," according to the order.

Copyright © 2007, Orlando Sentinel | Get home delivery - up

Detective: Sky developer won't face extradition from Germany

By Mike Wright

The owner of a Miami development company, Sky, accused in a multi-million dollar land scam in Citrus Springs and South Florida fled to Germany and likely will not face charges, an investigator said.

Authorities recently discovered that Natalia Wolf arrived in Frankfort, Germany, in October, shortly before an investigation by the FBI and Citrus County Sheriff’s Office began.

German authorities will not extradite Wolf to the United States for possible prosecution because the criminal allegations are of a financial nature, sheriff’s detective Mike Kanter said Tuesday.

He said German officials told the FBI that once its case against Wolf is complete, to forward it to Germany where Wolf could be charged there. However, they gave no assurance of that or if Wolf would be required to pay restitution if convicted of fraud charges, Kanter said.

Meanwhile, authorities continue to search for a man identified as Victor Wolf, who may or may not be married to Natalia Wolf. Kanter said he believes Wolf is not the man’s real name, though Kanter discovered a boating citation from South Florida and a driver’s license from another state under the name of Victor Wolf.

“We cannot find any Victor Wolf going anywhere,” he said.

Kanter said a friend who works in the Department of Homeland Security confirmed that Natalia Wolf was in Germany.

“She knew what she had done and knew she had to leave the area quickly,” Kanter said, adding he hasn’t spoken with Natalia Wolf.

Investigators say Sky sold hundreds of Citrus Springs lots that it doesn’t own and received down payments for houses it didn’t build.

The investigation spans across Florida and at least four other states.

County will chip in on land buy
Lake joins agreement to purchase land for conservation, parkway

Joshua Davidovich
Staff Writer

TAVARES - The Lake County Commission approved an agreement Tuesday that will pave the way for the eventual purchase of 1,584 acres slated for environmental protection and a new highway.

Several government agencies have been negotiating together to buy the Neighborhood Lakes property, which straddles the Lake-Orange county line near Mount Plymouth. Though 1,056 of the acres lie in Lake County, they will account for only $5 million of the property's total $60.2 million price tag.

The acquisition of the land will pave the way for the creation of the Wekiva Parkway, a new highway planned to link the northwestern reaches of the Orlando area. The highway will cut diagonally across 10 percent of the land; the other 90 percent will be used for environmental protection.

"This is a very important piece of land to purchase," County Commissioner Linda Stewart said.
The parcel is one of several named by a state statute requiring government agencies to acquire environmentally sensitive lands before the Wekiva parkway can come through.

Robert Christianson of the Saint Johns River Water Management District said acquiring the land is essential to protect water resources.

"The land is located within a critical recharge area of the Wekiva River," he said.

Money for the purchase will come primarily from the Florida Department of Environmental protection, with Orange County, the Saint Johns River Water Management District, Lake County and the Orlando-Orange County Expressway Authority also pitching in.

Though the land will become part of the state's park system, Lake County will have a seat at the table on 211 acres of the land. Public Lands Manager David Hansen said he hoped to be able to use the land for gopher tortoise relocation, as well a north-south trail.

The county is still trying to work out how to pay for its share of the land, which some called excessive.

"We're all experiencing sticker shock," Commissioner Elaine Renick said. "It's named in the statute, so we weren't in the best bargaining position."

The Public Land Acquisition Advisory Council, which oversees a $36 million land acquisition budget, asked for only half of the money to come from their bond, and for the county to find other ways to pay for the other $2.5 million.

"It's all going at one time, in one shot, in one place," Renick said, agreeing with the council.

However, Commission Chairman Welton Cadwell said he thought the full amount should come from the PLA budget.

"The money should come from land acquisition," he said. "You've got to look at it as a value for all of central Florida."

Though the commission did not decide on a total funding mechanism, Hansen said the full cost would probably end up coming out of the Public Lands budget.

County, North Port to tackle growth again

By PATRICK WHITTLE

STAFF REPORTER

patrick.whittle@heraldtribune.com
SARASOTA COUNTY -- County and North Port leaders will meet again on Jan. 16 to try to forge a growth management plan.

The two sides have held a series of meetings since September, when the county threatened to put a growth-control question affecting North Port up for a countywide referendum. The County Commission could vote Friday to put the issue on the March ballot.

But the commissioners decided Tuesday that another meeting with North Port officials could help finalize the planning agreement. That decision means the county will likely postpone a vote on the March referendum, officials said.

North Port and the county reached a verbal agreement on Jan. 4. City Commissioner Barbara Gross expects the parties to formalize the agreement on Jan. 16.

However, North Port officials remain adamant about the city's right to sue if the county goes forward with the ballot question, Gross said.

"Unless the county says they are not going to go to referendum, we want to preserve our right to litigate," Gross said.

The county has until Jan. 26 to decide if it wants to go to referendum. The county commissioners have said repeatedly that, if a 25-year joint planning agreement is worked out, it would trump any referendum.

North Port officials oppose the referendum because they believe it would give Sarasota County unprecedented powers over rural lands annexed by the city.

North Port's population has more than doubled since 2000 and county officials fear uncontrolled growth could choke infrastructure in southern Sarasota County.

In other action Tuesday:

The County Commission voted to send a complaint to the Florida Department of Transportation about delays in U.S. 41 construction in Nokomis.

Commissioner Jon Thaxton said a contractor's request for a 160-day extension to the project is too long. An FDOT spokesman said the request is for 80 days and the department is still considering it. A decision is expected in weeks, the spokesman said.

The county asked for input from the public about waterfront property on Blackburn Point Road. The county is crafting a plan about what to do with the nearly 11 acres, which it bought for preservation in 2005.

Staff Writer Doug Sword contributed to this report.

With terms, Crystal River votes to annex Plantation

Many are sure of the addition, but others worry it will create an enclave.

ELENA LESLEY
Published January 10, 2007

CRYSTAL RIVER - The City Council voted Monday to annex the Plantation Inn and Golf Resort under certain conditions, even though the move might create an enclave.

"Welcome to the city," Mayor Ron Kitchen announced to hotel representatives.

While the Plantation has wanted to annex into the city so it can obtain city sewer service - and Crystal River certainly wants to bring the Plantation within its limits - a small neighborhood that lies between the two has raised concerns about the prospect.

Residents of Harbor Isle don't want to join the city. But city staffers worried that unless the neighborhood agreed to annex, bringing in the Plantation would create an illegal enclave.

City Attorney Anthony Perrone told the council that Crystal River might be able to work around the problem.

"It seems unfair that that little sliver would block us from annexing anything further west," Perrone said.

So he began researching the issue and said that according to recent changes in state law, an annexation can create an enclave if it is approved in advance by the Department of Community Affairs or negotiated with the county.

In the meantime, Perrone is still pursuing a circuit judge's opinion on whether the annexation would indeed create an enclave.

"I'm fairly sure that we will be able to annex" using one of these three methods, he said.

If all should fail, the Plantation will agree to join the city at the time that it becomes contiguous with Crystal River.

Representatives from the county and the city have said they will work together to find a solution to Harbor Isle's reliance on septic tanks.

In other council news:

- Appointments to a Charter Review Committee sparked discussion when Kitchen said he thought the spouses of council members should not hold such positions.

The council appointed Susan Kirk's husband and John Kostelnick's wife to the committee.

- The council passed, on final reading, an ordinance banning the use or sale of fast-release fertilizers in the city.

Polk's Housing Lull Not Over, Report Says

Two years ago, Polk's County's real estate market was a seller's dream. Realtors couldn't keep inventory, buyers were snapping up two houses at a time and the good times were rolling. Then along came 2006.

LAKELAND - Two years ago, Polk's County's real estate market was a seller's dream.

Realtors couldn't keep inventory, buyers were snapping up two houses at a time and the good times were rolling.

Then along came 2006.

Flat prices, an abundance of unsold new homes and incomes that struggled to keep up with the rise in home prices led to some of the poorest monthly showings since The Ledger started keeping records.

So what's the future hold?

More struggles for about two years and then a turn in 2009.

"Polk County's economy will grow through 2009," Hank Fishkind, owner and economist of Fishkind & Associates in Orlando, will report this week when he releases a two-year projection that he authored. Fishkind partnered with the Attorneys' Title Insurance Fund to create the look at local real estate markets in Florida.

"With excess inventory in the housing stock, future growth is expected to slow as household formation declines and existing inventories are sold," Fishkind reports. "This trend is expected to continue forward through 2008. By 2009, inventories of housing units are expected to increase."

Polk County had a peak year for growth in 2005: More than 11,000 building permits were issued and nearly 6,600 existing homes were sold.

But 2006 fell flat. Home sales have fallen 21percent to about 5,200 and permits dropped nearly 43percent to about 6,500 last year.

"Closing volumes are expected to slip in 2007 and the housing market peaks in response to higher interest rates and a lower formation of households," Fishkind's report said. "However, closings are expected to increase steadily through 2009 as the market re-equilibrates.

"Pricing will be relatively flat for the balance of 2006, 2007 and 2008. It will take this much time for incomes to catch up to the recent sharp run up in home prices. Prices will not rise appreciably until 2009."

"This is what we are seeing in historical data," said Dan Webber, a spokesman for The Fund.

Commercial property is expected to gain in strength as well. But, like residential property, it won't happen for another two years and dips in sales are expected.

The report predicts the commercial market will dip this year and in 2008 to a low of 8million square feet of new construction, but will rebound to 9.2million in 2009.

"Population growth as well as the Interstate 4 corridor will continue to induce new projects carrying forward through 2009," the report said.

While many experts agree on the problems facing the local, state and national market, the time for a rebound differs.

"We still have stuff going on," said Dean Saunders, owner and broker of Coldwell Banker Commercial Saunders Real Estate in Lakeland. "Things are still moving pretty well. I think what happened was that we underestimated the number of speculators in the market."

Speculators, buyers who have no intention of living in a home or keeping a property for a substantial amount of time, purchased property throughout the state, all in the hopes of making a quick buck. But the investments and fast purchasing drove up market prices, causing a frenzy in both commercial and residential real estate circles.

It meant skyrocketing prices and overbuilding of properties.

But for the market to make a full rebound, home inventories need to be cleared out, experts say.

"It is all going to be dependant on the absorption rate," said Grant Thrall, a professor of geography at University of Florida, referring to the existing home inventories in Polk. "There's not a lot of new construction going on."

Thrall predicted the market to rebound in 12 to 18 months when buying begins again.

It was a lack of consumer confidence and a rise in affiliate home costs, such as property taxes and homeowners insurance, that brought the market to a near standstill, Thrall said.

"I think it will be overcome," he said. "It (investing in a home) is a good thing to do. It is a good and safe place for your life savings. It's a good time to buy and will be for the next two years. And if they are waiting for it to go down more (in price), they are just going to miss it. The market is going to go up."

Jeremy Maready can be reached at 863-802-7592 or jeremy.maready@theledger.com.

Wal-Mart Wants Big Center in Busy Spot

LAKELAND - Wal-Mart Stores Inc., the world's largest retailer, has proposed building a 207,205-square-foot supercenter on Kathleeen Road at Interstate 4, but the company first will have to allay the concerns of city planning officials on traffic and zoning issues.

"We don't know that the traffic will fit," said Jim Studiale, the community development director for the City of Lakeland, on Tuesday. "It's not yet zoned correctly....There's a lot of steps they (Wal-Mart officials) have to go through."

The next step will occur at 11:05 a.m. Jan. 18 when officials from various municipal departments meet with Wal-Mart representatives for a "concept plan review" of the proposed project. Scott M. Gentry of the Orlando engineering firm Kelly, Collins & Gentry Inc. submitted a concept plan to the city last month.

The concept review meeting, which will be open to the public, will be held in Conference Room 7A on the seventh floor of the Lakeland Electric and Water Building behind City Hall.

The concept plan contains only a cover sheet with Gentry's name and address, an area map showing the location of the Wal-Mart property and a draft site plan showing the dimensions of the supercenter and attached structures and the parking lot.

Wal-Mart proposes to build the supercenter on a lot abutting the Interstate 4-Kathleen Road exit to the south. The property adjoins Kathleen Road to the east and the CSX Railroad tracks on the west. The Salvation Army of Western Polk County has a church and office on the property to the north.

The latter is significant because the supercenter would include a liquor store on its south side. The Salvation Army creed requiresabstinence from liquor, and the church has opposed liquor establishments locating nearby.

The liquor store would not appear to violate the city's land use regulations. They require that liquor stores keep a "walking distance" separation of at least 500 feet from churches and 1,000 feet from schools.

Walking distance is measured from the main entrance of the store to the main entrance of the church or school, said Bruce Kistler, a city planning manager.

By that criterion, a person would have to walk hundreds of feet from the Wal-Mart liquor store across the parking lot, then more than 1,100 feet along Kathleen and farther to the Salvation Army's entrance, according to the draft site plan.

Capt. Edward Lee, the head of the local Salvation Army operations, indicated Tuesday he would not oppose the supercenter because Wal-Mart has supported the organization in many ways, including allowing fundraising in front of its stores during the Christmas shopping season.

"Certainly we still believe in abstinence because we see (drinking's) effect on people every day, but we'd have to balance that with all the things Wal-Mart has done for us," Lee said.

Kistler agreed the liquor store most likely conforms to regulations, but he agreed with Studiale that traffic and zoning questions could prevent the city from issuing a building permit.

"Traffic always comes down to traffic studies," Kistler said. "I can't say whether it will work or not. We are skeptical whether it will work."

The supercenter clearly would generate significant additional traffic along I-4. The project to widen I-4 to six lanes was completed last year, but state transportation officials indicated even the two additional lanes would not entirely alleviate congestion problems along the interstate.

Kathleen Road has four lanes from Griffin Road, north of the I-4-Kathleen exit, through to Lake Wire Drive on the south, where it ends. Just to the north of the Wal-Mart site is Mall Hill Drive, which leads to the Lakeland Square shopping mall.

Neither Studiale nor Kistler would elaborate on zoning issues. The property carries a zoning classification of C-2 (Highway Commercial) District Intent.

According to Lakeland's land use regulations, a C-2 district would allow "a broad range of office and retail uses" but "is intended for areas where the existing pattern of parcelization makes larger minimum lot sizes impractical." The regulations list the minimum C-2 lot size as 10,000 square feet.

That would suggest a C-2 district is intended for small businesses. The list of permitted uses in the regulation includes banks, convenience stores, food stores, funeral homes, offices and office support retail and restaurants. It also includes department stores but does not specify size.

Eric Brewer, Wal-Mart's Florida spokesman, said city officials have shared their concerns about the proposed supercenter and that the company would conduct any studies requested.

Brewer played down the traffic issue. He noted the new Wal-Mart would draw the vast majority of traffic from the existing customer base and would draw very little from outside the area.

The supercenter would "meet or exceed" the traffic requirements, he said.

The company also would address zoning if the city determines a change is needed, Brewer said.

The Lakeland City Commission would have to approve any zoning changes.

Wal-Mart does not own the property yet, he said. Under the company's policy, the purchase does not close until it receives all government approvals to build.

The proposed supercenter would include a supermarket and garden center. It would measure similar in size to the Winter Haven Wal-Mart at 355 Cypress Gardens Blvd., which is also about 200,000 square feet.

The supercenters typically employ 350 to 400 full- and part-time employees, Brewer said. He declined to discuss the cost of construction.

Traffic and zoning may not be the only issue raised during the concept review and subsequent planning reviews, if Wal-Mart goes ahead with the project, Kistler said.

The meeting next Thursday will include representatives from many city departments, including public works, the fire department, Lakeland Electric and parks and recreation, he said.

Once a company gets input from a concept review, it must decide whether to return with a more detailed site plan, which the same departments review "with a fine-toothed comb," Kistler said.

A site plan could take weeks or months, depending upon the number and complexity of issues involved, he said.

Kevin Bouffard can be reached at kevin.bouffard@theledger.com or at 863-802-7591

Residents fret over proposed 92-acre landfill

Some well-connected east Pasco landowners back the project, making others suspicious.

CHUIN-WEI YAP
Published January 9, 2007

DADE CITY - Connie Cooper lost her husband and fell into a coma after they got into a car crash in May.

Now, four months after she woke, she's worried about a new problem.

A 92-acre landfill is proposed just outside her Messick Road home in the rural pastures east of Dade City, barely 2 miles from the Withlacoochee River.

"It's like one thing after another," she said. "I didn't buy out here to look at something like that."

In this bucolic landscape of rolling hills, cows and orange groves, residents are up in arms over the pitch by a Largo firm and a group that includes some well-connected east Pasco landowners for a Class 1 landfill to be built at on the fringes of the Green Swamp preserve. Class 1 landfills can take all forms of household waste, including asbestos, but not hazardous material.

"We're all on wells here, and we have enough problems as it is," said resident Cynthia Baker. "I know a lot of people there who aren't happy."

The proposal by Angelo's Recycled Materials is to build the $10-million facility by the end of 2007.

The Largo company's application is just going through the first stages of review at state and county offices. The state Department of Environmental Protection issues the environmental and operating permits; Pasco must approve its zoning.

Angelo's envisions that it will handle as much as 3,000 tons of rubbish a day, based on a county population estimation of 454,120 by 2011. But residents and the DEP are questioning the numbers because environmental regulators usually project that a person produces an average of 4.4 pounds of trash a day.

That would mean slightly less than 1,000 tons of trash a day in Pasco, based on a population of 454,120. This is nowhere near the 3,000-ton limit proposed by Angelo's.

John Arnold, the project engineer, said these are just initial projections for sizing up the landfill.

The DEP has responded to Angelo's proposal with nearly 60 pages worth of detailed questions.

Among other issues, the department wants to know what kind of trash would be brought in and where it would be placed and how the leachate - water runoff tainted by the trash - would be collected.

In particular, the department is raising a red flag on Angelo's proposal to have waste just 4 inches from the sides of the liner system, which separates the waste from the ground.

"If it's just 4 inches, we want to know if it will result in waste (leaking) outside the liner system," said Pamala Vazquez, the department's spokeswoman.

Arnold said Angelo's is willing to revise its proposal to put as much as 5 feet between the liner and waste, if the state would prefer that. But he added that Angelo's is proposing to use a liner system that has won numerous industry awards.

Residents remain fearful of leachate running into the Withlacoochee River or seeping through the ground to potentially taint the aquifers that feed drinking wells in the area.

Angelo's attorney, Jerry Figurski, argued that the area is rich in clay, which acts as a filter.

Figurski also said a new road would be built northward from Janmar Road, and the landfill's entrance placed away from Messick Road, so residents on Messick would not have to fear noise and traffic.

The company has offered to buy property from irate residents, he said. Arnold said Angelo's has also met some neighbors and remains open to discussing its proposal with more of them.

But a larger fear among some residents is that politics and business may intertwine in the community of east Pasco landowners and influence the decision when the Angelo's proposal goes before the County Commission.

Baker is concerned that the landowners cooperating with Angelo's include Charles and Cynthia Waller, Earl Singletary, Boyd Hyder and Walter Rowland. They are said to be friends with County Commissioner Ted Schrader, also a prominent east Pasco landowner. Charles Waller is a Dade City lawyer, and Singletary is a farmer.

But Schrader strongly denied the charge.

"I hope she knows me well enough to know I will vote whatever's in the best interests of Pasco County, not the interests of property owners involved," Schrader said.

Still, the Angelo's proposal comes at a time when Pasco is weighing options on how to handle its solid waste.

The county is trying to decide whether to expand its landfill at Shady Hills. Its only other landfill is an abandoned one in east Pasco near the Angelo's proposed site.

Cost may play in the favor of Angelo's.

At the lower end of its range, Angelo's is pitching $35 to dispose of a ton of waste. Pasco was reportedly paying $53 a ton two years ago, a cost almost certainly higher today.

Trash, Debris Littering Tidal Flats 'A Total Disgrace'

By CHRISTIAN M. WADE The Tampa Tribune

Published: Jan 9, 2007

HOLIDAY - They come in the middle of the night.

They maneuver mud-covered pickups into the tidal flats, past the mangroves, oleander trees and "no trespassing" signs.

Low tide reveals what they leave behind under the cover of darkness: old mattresses, couches, broken refrigerators and toilets, bags of trash.

In the past two years, huge swaths of once-pristine wilderness off Strauber Memorial Highway have become an illegal dumping ground.

County officials say they're aware of the problem.

Environmental groups are becoming concerned about the wildlife.

And residents say they've had enough.

"It's a total disgrace," said Heinrich Bracker, who lives in a nearby subdivision. "And the sad part is that little is being done about it."

Bracker hears them at night, churning up the salt marsh.

Sometimes they get stuck in the muck, big engines revving.

He dares not get involved.

"I don't want to confront any of those yahoos," he said. "Not at night."

Plastic barriers and gates are installed along the highway, but they eventually get torn down, and the dumping continues unabated.

"They just knock them down," Bracker said.

Pasco officials say they're considering installing mobile cameras on the highway to catch people illegally dumping trash and debris.

County Administrator John Gallagher is studying costs and feasibility and will introduce the camera idea at a county commission meeting.

Commission Chairwoman Ann Hildebrand, who represents that area, said regular patrols and cleanup efforts are simply not working.

"As soon as we clean it up, they're back at it," she said. "It's horrible.

"&hellip People just don't seem to care."

Jennifer L. Seney, executive director of Pasco Wildlife, said her grass-roots organization is concerned about the effects on the environment.

The area, a mix of county and private land, some of which is slated for development, is a sanctuary for birds, fish and other wild creatures.

"It's disgusting," she said. "The problem is that Pasco County is one of those growing counties that doesn't have the resources."

Even organized trash patrols would prove problematic, Seney said.

"You'd need, like, 40 dump trucks to clean it up," she said.

Bracker and other residents want a county crackdown.

"Unless they step in and do something," he said, "it will only get worse."

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

Watering cutbacks on way Jan. 6, story Water shortage flows from government stupidity

St. Pete Times Letters to the Editor
Published January 9, 2007

Imagine real shortage

I can live with watering my lawn only one day a week. I could live without watering my lawn even that often.

My fear is the day will come when we don't have enough water to drink, cook or bathe. Imagine government saying, "You can drink one glass of water a day, you can take a shower two days a week - no better make that one day a week."

As long as developers are allowed to build and build on every square foot of land, the day will come when we won't have enough water to drink and bathe. Who has his hand in whose back pocket to allow this developing to continue?

It's hard for me to think about what would happen to Pinellas County if a Category 4 or 5 hurricane hit here. Well yes, I can think of one thing: Some would benefit. Guess who? The developers could start all over and keep on building.

Ernie South, Largo

Watering cutbacks on way Jan. 6, story

Stop the building

Pinellas County Commissioner Susan Latvala's "hallejulah" response to the impending water restrictions as quoted in the Times is absurd. This past year has not been abnormally dry and the fact we must reduce water consumption triggers an alarm for this area.

More importantly, this move is an indictment against the governmental bodies that have allowed unrestricted growth for decades. You can't keep replacing single-family homes with 50-unit condos and expect there to be enough resources. It is the irresponsibility of county and city commissions and the almighty dollar that has led us to this crisis. And it will only get worse. At some point, we must have responsible leaders who have the courage to say, "No more building."

As a fifth-generation Floridian, I am sad to see the beauty of Florida going the way of asphalt, condos, traffic congestion and crowds.

Glenn Bradley, Seminole

Watering cutbacks on way Jan. 6, story

Defining drought

Saturday's front-page article on watering cutbacks should have explained the use of terms like "serious drought" and "abnormally dry conditions." Your Page 2A weather statistics indicated 2006 rainfall of 56.62 inches, compared to average yearly rainfall of 44.77 inches.

How in the world is the "winter rainfall" 11 inches below normal when October through December 2006 rainfall was a bit above average at 6.8 inches?

Dennis Fox, Hudson

Watering cutbacks on way Jan. 6, story

A toilet toll

Maybe I am missing some important information. The housing section is full of new condos being built all over St. Petersburg, but the headline in Saturday's paper shouts about water cutbacks.

Water has been a problem here for the 18 years I have been a resident, but that doesn't stop the developers. What are these new residents using to flush their toilets?

Doris Russell, St. Petersburg

Watering cutbacks on way Jan. 6, story

Enforcement is lax

Watering restrictions do not save water because Swiftmud does not enforce the restrictions and passes out ridiculous exceptions to the rules. Did you know that if you plant something new in your yard, Swiftmud will let you water your new plantings every single day of the week for months? The city of Zephyrhills, which restricts watering even more than Swiftmud, has been doing exactly that on Fifth Avenue since last summer's road construction was finished.

Ever hear of xeriscaping?

Swiftmud and local governments talk a good game, but that's all it is - just talk. Until public officials take water conservation seriously, don't expect the public to do so. "Do as I say, not as I do" didn't work with your kids and it won't work with adults either.

Gerald Barnes, Zephyrhills 

Area has enough big-box shopping

St. Pete Times LETTERS TO THE EDITOR
Published January 8, 2007

Re: Wal-Mart may get rival nearby Jan. 5 story

Here we go again. A developer from outside Hernando County has decided to pounce on an opportunity to ruin our community to make a few bucks.

With the county being centrally located to Tampa, it is impossible to stop development, but it appears that our local government agencies have no power or desire to intervene to protect our quality of life. They refuse to follow the comprehensive plan set up to adequately plan development while easily yielding to private business interests and campaign contributors.

More shopping centers will be needed as the county population continues to grow at its presently alarming pace, but also required are more roads, schools, government offices, etc. Where is the planning for those vital necessities that dictate the quality of life in a community? If you keep letting the area be absorbed in private development, it will become impossible to accommodate these requirements.

The location for the new county "shopping nexus" is in the middle of a mostly residential area, with the only major highway being the Suncoast Parkway (an intercounty thoroughfare, not a local road). This area already experiences high traffic volume because of its proximity to the parkway.

I am absolutely sickened at the thought of additional shopping center traffic finding its way onto our two-lane roads. Traffic seems to have quadrupled in the past year with all of the nearby new housing developments. It already is unsafe to walk my dogs or have children anywhere near the roadway because of the traffic. I have to check my mail late at night because I fear getting hit by a car (my mailbox is on the opposite side of the street). I requested to have the mailbox moved but was told by the post office that this area is a "rural route." How rural can it be when I will soon be blinded by the glare of giant parking lot lighting across the street?

A smaller shopping plaza would be more suited to our residential area rather than an enormous big-box monstrosity.

Having grown up in Pinellas County, I have already been plagued by the problems created with inadequate planning and unrestricted development: Massive traffic congestion, increased crime, overcrowded schools, insufficient government services, etc. Foolishly, I thought I had escaped that by moving to what appeared to be a family-friendly, small-town-feel community. I will be moving again if Hernando County insists on ruining this once-idyllic community instead of preserving it.

Karrie Miller, Brooksville 

Quality building is welcome here

I have an idea that will surely solve the transportation problems in Hernando County. Put barbed wire across Interstate 75 at the county lines, as well as at the Suncoast Parkway, U.S. 41 and U.S. 19. Follow that up with an additional section of fence across State Road 50 at the east county line, and that should pretty much cover it.

Ridiculous? Of course it is. But that is the attitude many are expressing to control growth in Hernando County.

We are not going to stop it because we live in a beautiful place. The beauty is what brought most of us here, and it is what is going to bring tens of thousands more. We need to properly manage it.

When a quality developer like Sierra Properties comes to town with a well-planned project like Hickory Hill, we need to welcome it with open arms. These folks have experience and know how to do things right.

Commissioners, please do the right thing and approve Hickory Hill.

Arnold Akroyd, Spring Hill (obviously you don't live near Hickory Hill.  If you don't mind living next to it that's one thing.. but if the people who would be directly impacted by this object, you ought to respect their opinion. Are you one of the folks objecting to the new Spring Hill Walmart, by any chance?)

Woman loses bid for Spring Hill care home

By MICHAEL D. BATES
mbates@hernandotoday.com

BROOKSVILLE — A Spring Hill woman’s plan to turn her home into an adult congregate care facility was shot down Monday by planning and zoning commissioners.

The board voted 3-2 to deny Elaine DeCiutiis a special exception use permit to take in six clients at her home off Barrow Street, just south of Spring Hill Drive, between Mariner Boulevard and Anderson Snow Road.

Neighbors feared the facility would devalue their property, set a dangerous precedent and increase the crime rate in their community.

“We paid a lot of money for our homes and we want to keep them the way they are,” said Connie Kestory, who lives about one home away from the proposed care facility.

Her husband, Gene Kestory, objected to DeCiutiis operating what amounts to a business in a residential community. And he feared the home would endanger the area by drawing pedophiles, and those with senility or dementia.

“How would you like this next door to you?” resident Frances Smith asked planning bosses.

She said granting a special use permit to DeCiutiis would open the door to other people converting their homes into money-making businesses.

“They’ll pop up like posies in the yard,” she warned.

Attorney Derrill McAteer, representing DeCiutiis, told planning commissioners to disregard neighbors’ testimony because it lacked concrete facts. Most of it amounted to nothing more than paranoia and a “Not in My Backyard” (NIMBY) attitude, he said.

At least two people supported DeCiutiis and defended the concept of a neighborhood care home.

Planning commissioners split on the issue.

Commissioner Robert Widmar reminded his colleagues that state law encourages assisted-living facilities in residential neighborhoods. Presumably, the residents would be better served by living so close to other homes.

However, Assistant County Attorney Kent Weissinger said he didn’t believe this project qualifies as an ALF.

This is the third time DeCiutiis has sought permission from the planning board to take in clients.

According to this latest staff report, she plans to provide 24-hour care for six people at her 1,937-square-foot single-family home of Barrow Street.

She told staffers she would have certified employees but did not specify how many. Visiting hours at the house would be between 11 a.m. to 5 p.m. seven days a week.

There would be five parking spaces for visitors: two in the garage, one in the driveway and two on either side of the driveway.

Neighbors said they were not happy with the parking arrangements.

Florida statutes provide rules governing the placement of these kinds of homes in residential settings. For example, a home with six or fewer residents is considered a single-family unit and a non-commercial use.

Homes with 7 to 14 residents should more appropriate be located in mutli-family or commercial zoning districts, according to statutes.

In denying the request, planning commissioners did not heed the recommendation of their staffers, who recommended approval.

Planning Commissioner Anna Liisa Covell said the proposed care facility would encroach on nearby residences and could not vote for it.

Lisa Hammond, an alternate member of the board, said it didn’t appear to her that the homeowner tried very hard to each out to the neighbors before coming before the board.

Planning Commission Chairman Anthony Palmieri reluctantly voted to approve the permit.

“I don’t like it personally, but I can’t find a legal reason to deny it,” Palmieri said.

McAteer has one more chance at next month’s Land Use Hearing, where county commissioners will consider the project.

McAteer said planning commissioners did not have any solid legal grounds to deny his client’s project.

“We’ve got a NIMBY situation,” he said. “But we also have a comprehensive plan that recognizes the need for these kinds of facilities.”

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

392 condos eyed for Ridge Manor

BY MICHAEL D. BATES

BROOKSVILLE — A developer of 392 condominiums off Croom Rital Road near Sherman Hills Golf Club plans to piggy back on the county’s flooding relief project planned for that area to enhance his own development and save the county money.

Project engineer Nicholas Nicholson said the condominiums will sell for under $150,000, which would qualify as workforce housing.

The project has been delayed twice, while Nicholson has worked out planning staffers’ concerns regarding building height and density and entrances into the complex in Ridge Manor West.

Many of those concerns were already addressed in a revised plan. However, the issue of flooding is a problem in that part of the county, and Nicholson believes he has an answer that will benefit both the county and his client, developer Joseph Selway.

Planning and zoning commissioners granted Nicholson a two-month postponement while he works with County Engineer Charles Mixson on the flooding project.

Recently, the county worked out an agreement with the owners of Sherman Hills Golf Club that would allow the county to construct and maintain a stormwater pump station in the drainage retention area at Stoney Brook.

The county will lay pipelines and pump water into the irrigation holding pond for the golf course, which can use it for irrigation.

The pump station will affect about 15-20 homes along Sherman Hills Boulevard, close to the new condominium project. At times, the flooding is so bad that emergency vehicles are unable to access many of those homes.

The county is in the process of bidding the project, which is estimated to cost about $200,000, according to Assistant County Engineer Gregg Sutton.

Nicholson’s plan is to add on to the existing pond and move the pump station to the north, which means the county would have to pump less often and save money.

It will also solve the flooding problem for residents, he said.

If approved, the development will contain several buildings, with 8, 12 and 18 units respectively. The 18-unit building would be four stories high, with the first level a parking garage. The 12-unit building would be three stories high and the 8-unit building would be two stories.

The development includes a clubhouse.

The pump station will be designed so that during the times when Sherman Hills Golf Club does not need irrigating, the treated water from nearby Stoney Brook pond will bypass the golf course and continue through the system to other areas off-site.

Planning Commissioner Anthony Palmieri reminded Nicholson that this was his third postponement and suggested he pull it of the agenda completely and readvertise it for later in the year, but Nicholson said he is confident the flooding and other concerns can be worked out in time for the March 12 planning and zoning commission.

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

North Port may sue Sarasota County

By JOHN DAVIS and PATRICK WHITTLE

STAFF WRITERS

john.davis@heraldtribune.com
patrick.whittle@heraldtribune.com
NORTH PORT -- After months of talks, North Port and Sarasota County could be headed back where they started: possibly embroiled in a long legal battle over how much control the county can impose over city growth.

On Monday, North Port decided that it wants the option to sue the county regardless of whether both sides enter a 25-year joint planning agreement.

The county brought North Port to the bargaining table in September under the threat of a countywide charter-change vote that would give the county control of land use in lands annexed by the city.

When talks started in September, the planning agreement was meant to stave off an annexation referendum, but now, with the agreement deadline past, some county commissioners are saying that they want the referendum regardless of whether North Ports signs a planning agreement.

This possibility left North Port commissioners feeling double-crossed.

"It's a moral issue," said North Port Commissioner Barbara Gross. "It's an integrity issue, and either we live by what we agreed to or we don't."

The city and county could end up in court even as they sign a contract that would govern issues ranging from where North Port will annex land to design features along U.S. 41.

The agreement now being drafted contains language that would prevent North Port from suing the city over a referendum, but North Port's decision Monday means another revision to a document that has already been hotly contested and changed many times.

"An ideal situation would be we adopt a JPA with North Port and North Port adopts the same mind-set as Venice. ... Now that we have this, we really don't care what you do with your referendum," said County Commissioner Jon Thaxton.

North Port and the county reached agreement in theory on Thursday by putting off the areas of biggest contention pending more study.

The city also offered some new concessions, including giving up future annexation of a commercial section of U.S. 41 entering the city and a 3,600-acre area of unincorporated land south of the Thomas Ranch, pending more study and county approval of any density increases.

The Sarasota County Commission is poised to vote Friday on whether to hold the March referendum. The commission has until Jan. 26 to decide whether it wants to hold the referendum, supervisor of elections Kathy Dent said.

"I think it gives us more time to talk," County Commissioner Nora Patterson said. "I think it's to your advantage even if there are three votes for a referendum."

At least three county commissioners have expressed support for the referendum.

"We shouldn't be afraid of the voters. The voters elected all of us," said County Commissioner Joseph Barbetta.

In other business, the city commission instructed city attorney Rob Robinson to respond to lawsuits that were filed by three Thomas Ranch developers last month.

The lawsuits allege that the city unlawfully charged millions of dollars in road and drainage taxes.
Staff writer Heather Allen contributed to this story.

Commissioners get settlement offer - sort of
Developer's offer to Leon County looks an awful lot like its original proposal for subdivisions

An attorney for the proposed Mariana Oaks development has offered to settle a lawsuit against Leon County, but the deal probably won't make nearby homeowners happy.

In a Dec. 29 letter, Mariana Oaks attorney Rick Bateman offered to make several changes to the development, including a minor reduction in the number of lots - from 53 to 52. Mariana Oaks is on Old St. Augustine Road just east of Williams Road.

Nearby homeowners wanted a sharp reduction in the number of homes to keep the proposed 50-acre development in character with the area. John Porgal, who lives across the street from the site, worries that commissioners will accept the settlement.

"I'm not hopeful at all," he said. "I think the commission has given in."

Commissioners twice voted against the development even though staff recommended a conditional approval. The developers sued after the first commission vote.

Today, commissioners will take up the settlement offer. But County Attorney Herb Thiele says approving it during today's meeting is out of the question.

They could vote to consider the offer, but if they do, they'd set a public hearing for later this month or early next month to consider the revised site plan. It's also possible they'd set a closed meeting to discuss it, which is allowable under Florida law. They could reject the offer, which would mean that the court fight will continue.

The offer also includes a new road allowing cars to enter and exit from Williams Road, which could ease traffic on Old St. Augustine. Also, a storm-water pond would be built on adjacent property to treat runoff.

"We tried to address the issues raised by the commission, which include traffic, storm water and, to a lesser extent, density," Bateman said.

Traffic is a concern of opponents. Old St. Augustine Road, one of the county's protected canopy roads, has a special surface that allows water to seep in. Residents say that it must be repaired often and that the new development would make matters worse.

The developer is Helios Investment Group. Its registered agent is Casey Meeks.

Bill Cuts Citizens Insurance Increases

By JEROME R. STOCKFISCH The Tampa Tribune

Published: Jan 9, 2007

TALLAHASSEE - It remains to be seen whether Floridians will see significant rollbacks of homeowners insurance rates, but big increases looming over those in the state-run Citizens pool would go away under legislation proposed by a Senate committee.

Lawmakers have gathered in Tallahassee in advance of a special session next week on the state's property insurance crisis.

A draft bill released Monday by the Senate Banking and Insurance Committee repeals a measure passed in the spring that would increase rates an average 56 percent for those covered by Citizens Property Insurance Corp.

Further, an annual Citizens' rate increase that averages 25 percent is also erased by the proposal, meaning those facing potential 80 percent rate increases might breathe a little easier.

After months of behind-the-scenes work, the release of the draft bill offers the first public glimpse of where the Legislature might be headed on one of its priority issues. Here's what the bill would do:

&bullRate reversal. Repeal the portion of Senate Bill 1980 that required Citizens to charge actuarially sound rates. The measure was intended to level the playing field between the state-backed insurer and the private market, but Floridians were stunned to learn the impact - a 56 percent boost. As for the annual rate increase, the bill would offer refunds to those who already paid it.

&bullCatastrophe fund. Reduce the threshold for private insurers' access to the state-backed catastrophe fund, a backstop in case of a major event. Coverage would begin at about $3 billion in damages, down from $6 billion. And the bill would fatten the fund by offering maximum coverage of $19 billion, up from $16 billion. The state would require those who sign on for "cat fund" coverage, which is cheaper than reinsurance in the private market, to pass the savings to ratepayers.

&bullSecond homes. Welcomes second-home policyholders back into Citizens. Previous legislation banished them to expensive surplus lines insurers.

&bullMore would pay. Expands the assessment base in the case of deficits in Citizens. Holders of auto, medical malpractice and other insurance policies would be required to help bail out the fund should it run in the red, as opposed to only property insurance accounts.

&bullPanhandle exemption. Eliminate the "Panhandle exemption" to state building codes, bringing all of Florida up to generally accepted codes. It also calls for even tougher building standards on a voluntary basis, and the formation of a committee on mitigation, the hardening of homes.

&bullSinkhole coverage. Limit sinkhole coverage to damage that renders at least 5 percent of a home's square footage uninhabitable.

Policyholders also would be offered options on deductibles and exclusions in their policies, such as coverage of contents.

Despite the clamor for lower insurance rates - Gov. Charlie Crist repeated his demand Monday - the provisions in the bill don't guarantee immediate or significant rollbacks. Private insurers would pass along savings from the cheaper cat fund reinsurance if they participated in the program. The effort to strengthen buildings and building codes could take years to show results.

Crist, however, remained optimistic.

"I really think we're going to have an opportunity to make a difference to people, and you know what I mean by that - I mean lower rates," Crist said.

"I'm encouraged by what I'm hearing from the Senate, and I'm encouraged by what I'm hearing out of the House. &hellip I don't want to get expectations too high, but people deserve high hopes, and I have them," he said.

Sam Miller, executive vice president of the Florida Insurance Council, an industry group, said the strategy of loosening up the state catastrophe fund is "a legitimate policy decision for the state to make; there probably isn't any other way" to lower rates.

But he warned of a pay-now-or-pay-later scenario, when the state would be forced to sell billions in bonds or collect assessments on policyholders should the cat fund run a deficit.

Reporter Jerome R. Stockfisch can be reached at jstockfisch @tampatrib.com or (850) 222-8382.

Development deal on track near Ridge Manor

A zoning panel endorses a spur to industry.

By DAN DEWITT
Published January 9, 2007

BROOKSVILLE - With hopes of attracting more industry to the county, the Hernando County Planning and Zoning Commission has recommended rezoning 9.5 acres of a 175-acre tract of industrial property near Ridge Manor.

At its meeting Monday, the commission voted to allow commercial development on the land at the southeast corner of State Road 50 and Kettering Road.

In exchange, Discovery Real Estate Services LLC of Boise, Idaho, will develop the rest of the property as an industrial park with 36 parcels, the largest of which will cover 8 acres.

That will benefit the county because most prospective buyers of industrial lots are looking for small lots, said Mike McHugh, director of the county's Office of Business Development.

Also, he said, Discovery will find tenants for the property, a job that often falls to his office.

Planners have long identified attracting industry as one of the county's top priorities because manufacturing jobs usually pay better than the service and retail work that is common in the county.

Industrial development also generates tax revenue without putting stress on schools, said Don Lacey of Coastal Engineering Associates Inc. of Brooksville, which represented Discovery at the meeting.

For those reasons, the county is usually reluctant to rezone industrial land.

But the planning commission recommended it in this case because the 9.5 acres rezoned for commercial use are next to State Road 50 and will be cut off from the rest of the property by a frontage road.

The Hernando County Commission will vote whether to approve the rezoning, probably at its meeting next month.

Dan DeWitt can be reached at dewitt@sptimes.com or 352 754-6116. 

Developer thaws on wildlife pathway

As a first step, officials who covet a key rural parcel can have it appraised.

Nin-Hai Tseng
Sentinel Staff Writer

January 9, 2007

TAVARES -- A San Diego-based developer who more than a year ago asked Lake County officials for permission to build more homes along a swath of rural lands may now consider selling the 1,629-acre tract to the public for conservation.

State officials have identified Lenholt Farms in east Lake County as key to completing a protected pathway where wildlife can roam freely from the Wekiva River basin to the Ocala National Forest. During the past 10 years, St. Johns River Water Management District officials have talked to the owners off and on about buying the property.

They have had little luck. However, Newland Communities, which has the land under contract, has given the district consent to have the farm's value appraised. At one time, the developer had sought clearance to build a mix of single-family homes, town homes and commercial buildings along the isolated spot off State Road 44.

"It's not so much we've had a change of heart," Debra Dremann, vice president of operations in Orlando for Newland Communities, said Monday. "We still think it would be an incredible place for people to live, but the water-management district did approach us to purchase the property for conservation purposes, and so therefore we are talking to them."

Ray Bunton, division director of land acquisition for the water-management district, said the agency hopes to make an offer. Appraising the property is the first step in entering into negotiations and does not promise a sale.

"They'll [Newland Communities] make a decision on what's the best way to go," Bunton said.

Environmental groups consider Lenholt a critical piece toward completing the Wekiva-Ocala Greenway. Florida has spent millions of dollars over the years piecing together the greenway. The latest purchase is the more than 1,500-acre Neighborhood Lakes property in Lake and Orange counties.

The Lake County Commission today will consider partnering with Orange County and other government agencies to buy Neighborhood Lakes as part of an effort to ease development pressures anticipated with construction of the Wekiva Parkway.

When complete, the more than 76,000-acre greenway will form a continuous corridor linking Wekiwa Springs State Park, Rock Springs Run State Reserve, Lower Wekiva River State Reserve and Hontoon Island State Park with the Ocala forest.

Nin-Hai Tseng can be reached at nhtseng@orlandosentinel.com or 352-742-5919.

Minneola to take up Hills proposal

Roxanne Brown
Staff Writer

MINNEOLA - Recommendations from the state on the 4,000-home Hills of Minneola proposal are on the city's agenda for review Wednesday night.

The land where the mixed-use development is proposed was annexed and rezoned by the city last year, paving the way for developer Family Dynamics to return to the city with a formal proposal for the development.

But because of the project's scope, it had to go through the Development of Regional Impact process before all the particulars can be approved by Minneola. The state Department of Community Affairs has reviewed the proposal and made some recommendations.

Council members will give a second reading to those suggestions Wednesday and decide whether they want the developer to incorporate the recommendations in the plan for Hills.

Councilman Joe Teri said the recommendations are not significantly different from requests Minneola has already made of the developer.

Councilwoman Sue Cordova thinks the state's requirements are more lax.

"I don't understand what we have to approve a document that requires less of them (The Hills) than we do," said Cordova.

One state recommendation is to require the Hills to install a light rail or bus system exclusively for the development.

However, Cordova said a mass transit system would have little benefit unless it went outside the development also, because only 26 percent of the people living in the Hills are expected to work within the development.

An interlocal agreement governing school concurrency is one of several other items up for discussion Wednesday.

The Lake County School Board, County Commission and municipal governments have been working for more than a year now on a plan to synchronize residential growth and school construction. A draft agreement has already been sent to the state, but Minneola has not yet signed off on the plan.

Yeager said the council has some issues with what he called a "non-perfect document."

"During Wednesday's meeting, we will be discussing our interpretation of school concurrency," said Yeager.

A separate workshop will be held on Jan. 16 to discuss the school board's plans and Minneola's issues with school board officials. According to school board attorney Steve Johnson, Minneola is the only city that hasn't yet agreed to the concurrency rules.

Yeager said he is not sure if Minneola can do anything to change the school concurrency document, because the school board would then have to agree to the changes, but they plan to explore all their options.

Other ordinances up for first readings Wednesday are council pay increases and reconsideration of council meeting days.

The meeting is scheduled to start at 7 p.m. at City Hall.

Developer makes SR 54 inroads

Kevin Howell of Odessa, who's snapping up some prime sites, is in the vanguard of a trend toward retail and office parks.

CHUIN-WEI YAP
Published January 9, 2007

LAND O'LAKES - When Jim Himes sold his family home of 35 years, he never met the buyer.

The property is prime central Pasco real estate, fronting State Road 54 across from the Oakstead development.

All Himes knew was that the mystery buyer moved fast and had money.

In 10 days, the buyer swooped in to take over the contract from another buyer who had also courted Himes, and presented $1.9-million up front for Himes' 4.2 acres.

"Everything was done by e-mail and phone calls," Himes said. "It was very strange. It made me a little nervous. But we got our check."

Turns out the buyer was Kevin Howell, an Odessa-based developer of retail and office parks, who has spent much of 2006 steadily snapping up chunks of commercial property on an 8-mile stretch of SR 54.

His signs have become commonplace on that drag, either flaunting his name or just the telephone number of his firm.

In addition to the Himes property, Howell now also has at least five others between Ballantrae Boulevard and U.S. 41, including two that would straddle Oakstead's entrance.

Including two other office parks he developed in Seven Oaks, that would bring Howell's holdings along Pasco's busiest east-west artery to 507,500 square feet of space on nearly 70 acres of land.

Not bad for a year's worth of work.

So who is Kevin Howell?

Howell, who did not respond to a request for an interview, has some 25 years' worth of development experience in Hillsborough, Pasco and Hernando, according to his Web site.

He specializes in office parks, where individual lots and buildings are sold to insurance agents, doctors, dentists and real estate offices. Howell counts Westchase Commons Professional Center and the Tampa Telecom Professional Park in his portfolio.

Those who have dealt with him remark on his aura of seasoned savvy.

An example: Himes may have never met him, but Howell has been known to show up to meet buyers when he needed to cut a more intricate or persuasive deal.

"He was pretty straightforward, and he sat with us two or three times," said Bob Thurston of Oakstead's homeowners association. "We were concerned about maintaining the subdivision signs at the Oakstead entrance. ... He was very congenial."

In that instance, Howell needed to work out a deal to use one of Oakstead's drainage ponds, while also building one or two of his own for his Oakstead Commerce Park West, Thurston said.

But, as his nearly $500,000 per acre offer to Himes suggests, Howell is also willing to pay top dollar to secure his interests.

Property brokers say the price is high but not out of this world - or, at least, not out of Pasco's world.

A survey of similar properties in the area showed that SR 54 frontage commands the highest value. Comparable rates just a few miles south, on Birdsong Avenue in Lutz, dip to $199,000 per acre.

But to the east and west of the Howell purchases, $500,000 per acre wouldn't raise too many eyebrows.

An acre outside the proposed Cypress Creek Town Center, a few miles east on SR 56, commands $461,000. At Suncoast Crossings, just next to the Suncoast Parkway, it's $641,000 an acre.

"There certainly is a demand," said Rog Ravi, a real estate specialist with Prudential Tropical Realty, who helped provide some of the rate comparisons. "$500,000 is high, but not shocking."

But the prospect of a slew of office parks along SR 54 does raise some concern about the speed at which the market is heating up.

On the heels of a wobbling residential market, commercial construction in Pasco saw a big surge in 2006; the construction value of stores and offices leaped from $6.7-million in 2005 to $77.5-million.

With massive office megadevelopments like Ashley Glen, with its proposed 1.8-million square feet of office space at the Suncoast Parkway and SR 54, still in the pipeline, some industry watchers wonder if commercial construction is headed down the same path that the residential market took.

"I got the impression beginning last year that commercial is the latest craze in real estate," said Tim Hayes, a Land O'Lakes development attorney. "You have people subdividing, leasing and flipping them for $100,000 profits. Now I'm wondering if the market's being saturated with this stuff."

Those like Howell may be the precursor of a surfeit of inventory in commercial construction - or simply an investor smart enough to move swiftly into a market just burgeoning after years playing second fiddle to homebuilding.

Whatever his fate, Howell is playing a role in the physical transformation of SR 54, with standalone office and retail parks now increasingly jostling for space alongside residential subdivisions.

"It's the demise of the grocery-anchored malls," Hayes observed.

"(Commercial) developments that let people own their own building have become very popular."

Chuin-Wei Yap covers growth and development. He can be reached at (813) 909-4613 or cyap@sptimes.com.

WHERE NO WATER HAS GONE BEFORE

A $5.5 million project, some of it under U.S. Highway 441, will link lakes Harris and Griffin with culverts and pumps.

Robert Sargent
Sentinel Staff Writer

January 9, 2007

LEESBURG -- Large concrete culverts under construction beneath busy U.S. Highway 441 are part of a massive connector planned between lakes Harris and Griffin in north Lake County.

Work on the road culverts, which started more than a year ago just west of the intersection with County Road 44, is expected to wrap up in about three months.

Then the St. Johns River Water Management District plans to extend the structures south to a large bayou next to Leesburg International Airport that connects to Lake Harris. A northern extension from U.S. 441 will hook up to Lake Griffin.

The overall project -- set to wrap up in mid 2008 at a cost of more than $5.5 million -- will establish direct water flow between the lakes to help control flooding and to improve water-level fluctuations. District officials say they also hope to improve water quality along the Harris Chain of Lakes.

"It offers us a lot more flexibility" to do that, said David Walker, senior project manager with the water management district.

Lakes Harris and Griffin now are not directly connected. Water from Harris flows into nearby Lake Eustis and then into Griffin.

Lake Apopka feeds water into the Harris chain that also flows through Eustis, Griffin and then along the Ocklawaha River out to the St. Johns River.

Water levels along the chain are adjusted seasonally by a series of locks and dams. But district officials have planned for years to change those fluctuations to help improve water quality in the lakes.

Seasonally, Griffin fluctuates 6 to 9 inches.

Officials want to adjust the levels even more, possibly allowing the lake to drop by a foot or more from the summer to winter months, drying out large portions of mucky shoreline and helping establish aquatic plants essential for fish habitat.

A similar plan would allow greater water fluctuations to improve conditions along most of the chain.

The proposed connector would allow water to move faster through the system by directly linking lakes Harris and Griffin. Walker said the changes also could improve conditions on the Harris Bayou, a former muck farm on the north side of Lake Harris.

Before changing water fluctuations on Lake Griffin, the Lake County Water Authority is working to deepen surrounding canals to ensure that hundreds of canal-front residents do not lose access to the lake during part of the year.

The two-year, $7.2 million canal dredging already is under way to remove 340,000 cubic yards of muck and sand from 38 canals on Lake Griffin.

For the proposed lake connector, water district officials allowed the state Department of Transportation to build the part beneath U.S. 441, which is being widened to handle more traffic through the area. The culverts under that roadway are costing about $850,000 to build, officials said.

Part of the proposed connector also will pass under Sleepy Hollow Road, which the county plans to redirect in the area.

Once the entire project is completed, water will flow from Lake Harris through a control structure to be built on the south side the Harris Bayou. Water will then flow from the bayou through the connector underneath U.S. 441 to Lake Griffin.

When operational, the connector will handle a maximum flow of about 1,000 cubic feet of water per second -- or almost 500,000 gallons a minute.

The cost:$5.5 millionThe plan:Link lakes Harris and Griffin with culverts and pumpsThe reason:Help control flooding and improve water-level fluctuations

Robert Sargent can be reached at rsargent@orlandosentinel.com or 352-742-5909.
County comp plan under review
By DEBORAH BUCKHALTER
Jackson County Floridan
Tuesday, January 9, 2007

Jackson County's Comprehensive Plan will be under deep review for the next year-and-a-half, under the supervision of Community Development director Joan Schairer.

Each county in the state is required to have a comprehensive plan, containing policies to guide that county's future.

The review will result in an EAR ? Evaluation Appraisal Report. The deadline for submitting the document to the state Department of Community Affairs is Aug. 1, 2008.

The purpose of the review, Schairer said, is "to see what adjustments need to be done, what may need to be added, or changed."

The comprehensive plan contains several elements.

It has a Future Land Use element, for instance, which designates how lands in a given region may be used. Some areas are limited to agriculture uses, some to residential development, others to commercial or industrial use, and some have mixed uses.

In the last comp plan amendment, in 2001, the summary related to this element acknowledges that the majority of lands here ? 61 percent as of that writing ? are limited to agricultural uses. But in 2006, several parcels of agricultural lands were bought by subdivision developers and the land use was changed.

The land use maps in this element, therefore, may look quite different when the EAR findings are applied to the comp plan. The changes in 2006 could also affect the county's projections as to the pattern of growth expected going forward.

Other elements in the comp plan that must be addressed include transportation, housing, conservation, recreation, intergovernmental relations, capital improvements, and infrastructure.

In addition to compiling the EAR, the county must also write a Land Development Code. Although that stand-alone document will not be due until after the EAR is written and is not part of the comp plan, Schairer acknowledges it will be on the horizon for late 2008, close on the heels of the EAR. The LDC gives teeth to the comprehensive plan.

The county had previously hired a consultant to create a Land Development Code, but rejected it when the document was delivered.

The LDC is meant to set out standards such as set-back requirements, environmental protection elements and other features.

Only recently has the county put in place a formal means of enforcing its codes. A code enforcement officer was hired late last year, and a civil code enforcement board was recently established to hear cases brought by the officer.

The 11-member body has yet to hold its first meeting, however, as the membership was just appointed.

Schairer said she thinks the county made a wise decision in hiring an enforcement officer and establishing a board.

"It's a good thing," Schairer said. "It will give conformity; everyone will have the same opportunity, everyone will be treated the same."

The code enforcement officer is Mel Roberts.

In a change made by County Administrator Ted Lakey shortly after the enforcement position was created, Roberts reports to the building official, rather than the community development department.

In other work related to the comprehensive plan, Schairer's department will review any proposed changes to the plan brought for consideration by private developers. The county is allowed to amend the comp plan twice a year, and already have four outside requests on the table.

Typically, amendments are driven by private developers who need the changes in order to complete their projects.

Four requests for changes have already come in for 2007.

One asks to change a 432-acre site from agriculture to residential and mixed use. Another asks to change a 34-acre parcel from agriculture to commercial use. Another asks to change a 436-acre parcel from agricultural to residential use. The fourth, related to a business venture involving a wood pellet plant near Cottondale, asks to change 223 acres from agriculture to commercial.

Other projects for 2007 include the finalization of a capital improvements plan.

The Community Development Department will also be involved in updating, rearranging and cross-referencing the Jackson County code book.

(That's the spirit Jim! To hell with the environment - we need more roads!)

Fuel Efficiency Could Threaten Road Funding

Published: Jan 8, 2007

Welcome to Florida. Gas guzzlers especially.

Gov. Charlie Crist last week heard from a transitional committee that warned funding for state roads could shrink if consumers curb their appetite for gas or switch to fuel-efficient cars.

Former state Sen. Jim Sebesta, chairman of the new governor's transportation transitional committee, co-wrote a 76-page report that cautioned the national trend toward fuel efficiency could hurt the state's considerable pot of gas taxes that help pay for road projects.

Gas taxes the past fiscal year accounted for $1.6 billion in state highway money, or 6.7 percent more than the previous fiscal year, according to the state.

The first three months of this state fiscal year, July through September, gas taxes climbed only 3.5 percent to $414 million.

The decline might be more seasonal than long-term trending, but a prolonged leveling off, or decline, could threaten future road projects, said Sebesta, who left the Senate in November because of term limits.

"I would say he was concerned about it," he said of the governor.

"Transportation is the lifeblood of Florida. If it doesn't work then world-class folks are going to move and others will not come here," Sebesta said.

Streetcar Briefing Set

Federal funding might not be a problem for Tampa's streetcar line if the system is extended from the convention center to Whiting Street. The project, talked about for years, has $2 million in federal funds already set aside.

Hillsborough Area Regional Transit Authority in August commissioned a $200,000 study to determine the project's potential and whether more money will be necessary.

The plan's backers will get an update Tuesday from HART's consultant, URS Corp.

HART, the operator of the 2.4-mile streetcar line, believes usage by tourists, conventioneers and Channelside residents will increase if the route is lengthened.

City Councilwoman Linda Saul-Sena, who was chairwoman of a streetcar task force four years ago, said the route might eventually run up Franklin Street to Palm Avenue. For now, only the Whiting Street extension has funding.

Lucie Ayer, executive director of the Hillsborough County Metropolitan Planning Organization, said the money was set aside four years ago for the 2007-08 fiscal year.

Early estimates tagged the extension at $2 million to $6 million. The project still needs final approvals from the city, MPO and HART.

Turn Green Already

Laura Barber of Tampa's Palma Ceia area asked why the light at Bayshore Boulevard and Interbay Boulevard stays red so long.

Drivers heading northeast on Interbay or south on Bayshore often line up at the red light "and there is little, or no, traffic on Bayshore heading north," she said.

Mike Scanlon, the city's traffic designer, concedes the 92-second wait during morning and afternoon rush hours seems excessive, but it might be needed to coordinate traffic flow in the area.

Reconfiguring the lights might have repercussions at intersections and roads elsewhere. Still, he promised to check it out.

Got a gripe about your commute? Contact reporter Rich Shopes at (813) 259-7633. Please include your full name, community and daytime phone number when sending e-mail. Look for more commuter news on TBO.com, Keyword: Shopes.

Bronson Right To Be Pumped About Prospects For Ethanol

Published: Jan 8, 2007

The "Farm to Fuel" initiative pushed by Florida Agriculture Commissioner Charles Bronson holds exciting promise for a state with a long growing season and a growing hunger for energy.

The Legislature should grant additional modest tax incentives Bronson says are needed to help get an ethanol market established.

He is also seeking private investment in plants that can convert cellulose into ethanol. The technology is commercially unproven, but if grass can be turned into gas at a reasonable price, the potential for both farmers and consumers is mind-boggling.

Most of America's ethanol comes from Midwestern corn in a process that is heavily subsidized and inefficient. Unfortunately, Congress has been more interested in helping corn farmers boost profits than in seriously reducing dependence on foreign oil.

If the goal were to promote wider use of ethanol, imported ethanol would be welcomed to help keep prices low and encourage minor changes in engines to allow them to run on blends high in ethanol. Instead, Congress imposes a 54-cent-per-gallon tax on imported ethanol. The ethanol tariff discourages imports of ethanol from Brazil to Florida, even though no ethanol is available to Florida motorists.

Despite the shortsighted federal policy, ethanol will come to Florida. The state's first commercial ethanol plant is scheduled to open next year in Port Sutton, off U.S. 41 near Tampa. Raw material will be crops, probably corn, shipped by barge. The ethanol will be blended with gasoline.

Already 110 ethanol biorefineries are operating in 19 states. Bronson predicts more will be built in Florida.

But his big hope is new research that promises to allow nonfood vegetation such as sawdust, straw, weeds, nuisance trees and storm debris to be fermented into ethanol. He predicts that a ton of cellulose material can make 100 gallons of ethanol.

Another encouraging sign for ethanol's future is Jeb Bush's decision to help launch the Inter-American Commission on Ethanol. The international group will promote the use of the fuel throughout the hemisphere.

Skeptics note that earlier tax incentives failed to keep U.S. ethanol competitive when the price of oil dropped. Investors remain cautious. Several ethanol producers took their companies public last year, and Investor's Business Daily reports that two "soon tanked," one withdrew, and another "arrived almost unnoticed."

On the private level, the federal government allows individuals to brew up to 10,000 gallons of their own fuel tax-free. Interest has increased sharply in recent years and 1,479 people currently hold licenses.

Evidence beyond the U.S. corn lobby suggests renewable fuels are feasible alternatives to imported oil. China, a major oil importer, is converting so much of its corn crop into fuel that government leaders are concerned about a shortage of corn to eat.

Researchers are making progress in improving fermenting techniques to lower costs. Big food processors are starting renewable energy divisions to make biodiesel from animal fat, which is less expensive than soybean oil.

Even if ethanol remains more expensive than fossil oil, it is smart policy to give the nation access to another motor fuel. The oil industry certainly has enjoyed its share of tax favors.

More is at stake than supporting the price of corn. Jeb Bush is right that using more ethanol will improve national security, create domestic jobs and better protect the environment. If he can convince Congress that the ethanol import tax should be reduced or eliminated, he will make Bronson's job easier.

When more ethanol is available, Florida's gasoline stations will begin retrofitting to supply it; drivers will begin adding the corrosion-resistant fuel lines and fuel sensors needed for their engines to run on ethanol-rich blends. And then investor interest will grow.

Bronson will serve both Florida's farmers and consumers if he helps establish a new industry that moves the state toward energy independence.

MAKE YOUR OWN TAX-FREE FUEL

The federal government allows you to distill alcohol for fuel, but only for personal use. To apply for a free permit, telephone the Alcohol and Tobacco Tax and Trade Bureau at (513) 684-3334. One requirement of the permit is that all your white lightning must go into your tank, which means every drop must be rendered unfit to drink.

Nuclear Power No Longer Terrifies

Published: Jan 7, 2007

It was remarkable how little stir was caused by Florida Progress Energy's announcement that it might build a nuclear power plant in Levy County. A decade or so ago, there would have been a public outcry about the threat of nuclear disaster.

But the public appears to understand not only that the nation needs to end its dependence on oil, but also that nuclear power is not the threat it seemed in the days of Three Mile Island and Chernobyl.

The Chernobyl meltdown in the former Soviet Union was the result of a flawed design and shoddy maintenance. But U.S. nuclear standards have always been tough and are continually improved.

It's routinely forgotten that no one was injured in the Three Mile Island accident. Nevertheless, the accident resulted in a complete overhaul of design, training and inspection requirements.

Elaborate precautions have been taken to guard against terrorist attacks. Nuclear plants are designed to withstand the impact of a commercial airliner without leaking radiation.

Plants are rigorously guarded and equipped with advanced technology that detects any entry on the property.

Even so, as the project is pursued, citizens shouldn't hesitate to scrutinize Florida Progress' plans, ask tough questions and make safety demands that they feel are needed.

But there's a big difference between scrutinizing what the utility is doing to safeguard the public and simply opposing anything nuclear - a clean and affordable power source that should be part of the nation's strategy for energy independence.

Conservation Corridor Planned

By
The Ledger

LAKE WALES - Two bald eagles chase each other in a low-altitude aerial display among the sparsely growing pine trees that tower above the palmetto thicket.

A short distance away, seven Florida scrub-jays hop along the ground looking for acorns before returning to the stunted scrub oaks containing their nests.

The area is called the Bombing Range Ridge and Flatwoods Project, an area covering 44,000 acres that stretches from the Avon Park Air Force Range to Lake Kissimmee State Park along the eastern edge of Polk County.

"This is one of Central Florida's last unfragmented landscapes," said Keith Fountain, The Nature Conservancy's director of protection. TNC is a private conservation organization that purchases and manages environmentally sensitive land.

State officials first approved the area for future acquisition in 1997. Bald eagles and Florida scrub-jays are among the 20 uncommon species of plants and animals whose protection this conservation project is intended to aid.

Other species include red-cockaded woodpecker, crested caracara and Florida grasshopper sparrow.

Some large chunks have been purchased.

They include the 4,031-acre Sumica and the 643-acre Walk-in-Water Creek tracts purchased by Polk County Environmental Lands Program, the 4,863-acre Prairie Tract of Lake Wales Ridge State Forest and the 2,000 acres The Nature Conservancy has purchased.

According to a summary issued in November by the Florida Natural Areas Inventory, a private conservation organization, 24 percent of the area has been preserved, leaving 35,593 acres to be acquired.

That area is under some development pressure, though not a lot because of its remoteness from urban services.

The biggest problem is unrestricted recreation use, Fountain said.

"The biggest threat is off-road vehicles and mudding in the wetlands," he said, referring to a practice of driving four-wheel-drive vehicles, typically large pickup trucks, through marshes to see how far they can go without getting stuck.

Some of the intruders don't have to travel far.

Around a curve in the privately maintained dirt road, there's a jumble of relatively new travel trailers and some older, mildew-encrusted mobile homes.

"These weren't there the last time I was out here," Fountain said, explaining he suspects they belong to people who come out on the weekends.

The collection of weekend residences, many of them probably there illegally, aren't the only such sights in the area.

This assembly of trailers borders a defunct subdivision, the 43,600-acre River Ranch Acres, which was subdivided into 1.25-acre lots in the 1960s, one of several so-called "land sales subdivisions" that dot rural areas of Central Florida.

It is not to be confused with the nearby River Ranch Resort south of State Road 60 on the Kissimmee River, which is a going enterprise.

River Ranch Acres' lots are owned by a mix of out-of-state - sometimes out-of-country - investors who are unaware the property has no development potential and a group of Florida residents whose deeds give them access to the land for outdoor recreation. Many of those owners have residences, too, and there are reports of litter, abandoned vehicles and other debris on the land,

Either before or after the sales, the property will have to be cleaned up. TNC officials say they try to negotiate sales contracts that require sellers to remove the debris themselves, but it doesn't always work out that way.

Fountain said the current effort involves only the property owners in the section north of State Road 60.

"We plan to do a mass mailing to see who wants to sell," he said.

Some of the lots are being purchased by the Lightsey Cattle Co., a longtime local ranching family that already owns land near the corridor.

Cary Lightsey said he supports what The Nature Conservancy is doing and hopes the land preservation efforts pay off.

"We're looking forward to it," he said.

There's a substantial amount of land south of SR 60 on the northern end of the Avon Park Air Force Range. But Fountain said there are no plans to target landowners there, citing lack of interest among the owners.

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

Water district may impose restrictions

OCALA - The Southwest Florida Water Management District will conduct a public hearing Tuesday in Brooksville to discuss whether to declare a water shortage leading to one-day-a-week water restrictions in the district, which includes western Marion County.

"It's a shortage of rainfall," said Michael Molligan, the water district's communications director. "We have almost 12 inches of deficit rainfall districtwide. In the northern part of the district, that deficit is probably higher - 14 inches for the year."

The Official Climate Prediction Center predicts a great probability for above normal rainfall across the southeastern United States, including the Florida peninsula, for this winter.

That's if El Ni–o conditions prevail through the winter.

"If we get that, that would be great," Molligan said. "As a very rough estimate, we would have to get 140 percent of the normal rainfall up until the rainy season that begins in June to pull us back into some kind of normal hydrological situation."

Meteorologists at the National Weather Service in Jacksonville compared the weekend's weather and downpour to a summertime pattern.

"This pattern has been bringing a little more rain," said Marie Trabert, a weather service meteorologist.

A cold front is expected to bring some clouds and a few showers early this week, but it is not expected to last for long.

Marion County lies in the northern portion of the water management district, which includes 16 counties. The Southwest Florida district, popularly known as Swiftmud, is responsible for ensuring the availability of water in the portion of Marion County west of Interstate 75.

"In 2006, the northern area of the district had a little over 38 inches of rainfall," Molligan said. "It's normally 52 to 53 inches of rainfall."

That has impacted lake levels, river flows and groundwater levels, he said.

After input from staff and the public, the district's executive director will decide whether to declare a water shortage and implement the restrictions limiting watering to once a week.

The Southwest Florida district's 11-member governing board has given the executive director the authority to declare a water shortage. The board, after reviewing the situation, will either ratify, modify or rescind the order when it next meets on Jan. 30.

"We have been looking at the hydrological conditions," Molligan said. Two tools used by the district in determining the conditions are the U.S. Drought Monitor and the Palmer Index.

The U.S. Drought Monitor indicates that all 16 counties in the district are experiencing drought conditions or abnormally dry conditions.

According to the Palmer Index, an agricultural assessment tool that measures soil moisture, the 16 counties are experiencing drought conditions that would affect the demand for irrigation, Molligan said.

He said that, in Marion County, the Withlacoochee River has been abnormally low.

Part of the problem stems from a very dry spring in 2006.

"If we have a dry spring [this year], we could be in a worse situation than we were last year," Molligan said. "We still need to get through the winter and spring until that rainy season begins."

The public hearing is scheduled for 1:30 p.m. Tuesday at the district's office, 2379 Broad St. (U.S. 41), Brooksville.

Naseem Sowti contributed to this report. Susan Latham Carr may be reached at susan.carr@starbanner.com or 867-4156.

Controlling their destiny

Apopka's annexations let homeowners, developers and governments protect their own interests.

Erin Ailworth
Sentinel Staff Writer

January 8, 2007

APOPKA -- The city has taken land into its borders like Pac-Man through a video-game maze: one small bite at a time.

In the past five years, Apopka has added 3,784 acres -- or more than 5.9 square miles -- nibble by nibble, through more than 180 annexations of unincorporated county land at its borders.

That's more than Orlando, which at six times the size of Apopka only annexed 3,498 acres in the same time frame.

Apopka looks like a block of Swiss cheese on a map. Only a few swaths represent large-scale annexations -- each a few hundred acres.

It's all about control and destiny.

Residents want say over their homestead.

Developers want to maximize profits.

And cities want to plot their futures.

Government planners say that homeowners annex to get more personal attention, as well as city services, such as water and sewer and police and fire protection. Developers often are trying to get a zoning or land-use change.

"In almost all cases, it is political: 'I didn't get what I wanted in the county, so I'm going to try the city,' " said Richard Unger, president of the Florida Chapter of the American Planning Association.

Protecting his home

One of the bite-size chunks the city recently annexed included the 9.9 acres where James Ilardi's house sits among towering, moss-draped trees off Ocoee-Apopka Road. Ilardi and his kids play paint ball in the front yard or go four-wheeling near a pond.

So when backhoes started clearing a site across the road from Ilardi's pond, he said he needed to protect his home of two years. Ilardi called Apopka officials about adding his property to the city's boundaries.

"We looked at the way things were going," Ilardi said -- all but one neighbor already lived in Apopka. "It seems like the county is retreating. . . . They're not investing in fire departments; they're not investing in water and sewer."

A part of the city since November, Ilardi said he has more say over the development going on around him. Already, he said, he has seen benefits, including a better insurance rate and the possibility of replacing his septic tank with city sewer lines.

Irregular borders vexing

Cherry-picking on the government's end can result in ragged borders as cities grow around areas that don't enrich the tax base or would burden city resources.

Irregular city borders can cause problems for residents, who may not realize they don't live within city boundaries and seek services from the wrong agencies. Even city and county workers -- especially police and fire -- may not know exactly where their jurisdiction ends and another begins.

Planners, therefore, caution against becoming so annexation-crazed that cities ignore the broader picture.

"I think the bigger question is, 'What's the long-term plan?' " said Ethan Seltzer, with the Nohad A. Toulan School of Urban Studies and Planning at Portland State University. "Does this add up [to good planning], or is it just a patchwork that doesn't really fit into the city's infrastructure and future and what kind of place it wants to become?"

Apopka's frequent small annexations are somewhat unusual in Central Florida, where some cities rarely add to their borders and others are so aggressive they've made headlines with their massive annexations.

In Volusia County, Deltona officials are still defending the legality of a proposed 5,000-acre annexation. A judge has ruled that because the acreage -- known as the Leffler property -- is connected to the city by a small finger of land, it is not contiguous and cannot be added to Deltona's boundaries.

In Brevard County, growth-weary residents recently pushed two amendments that would have required an election for every annexation and prohibited zoning changes within the first five years after one. The amendments were later deemed illegal by lawyers and dropped.

Picking and choosing

Apopka's chief administrative officer, Richard Anderson, said he has been advised by state growth officials to expand the city in "small increments." In doing so, he tries to think of annexations like a business.

"If we are going to be impacted by development around the city, then we prefer to annex it so we can control what type of development it is and, ultimately, collect the taxes," Anderson said. "If we had our druthers, we'd annex only those properties that have high tax dollars and low service delivery."

Apopka has been criticized for doing just that, mostly avoiding low-income areas south of the city limits.

Anderson said that in 1984, officials tried to add South Apopka to the city as part of a single, large effort to annex 29 square miles (more than 18,000 acres) of Orange County around Apopka's 6-square-mile hub. Apopka faced opposition by county officials who called the land grab too massive and residents who thought that moving into the city meant higher taxes.

The annexation was voted down in a referendum. Today, some of that land -- excluding South Apopka -- is part of the city.

Now, Anderson said, he's not sure that bringing South Apopka into the city would be wise.

"This is all about taxes and being able to provide services," Anderson said. "In some of the less-affluent neighborhoods, it goes into the services you can provide and the taxes you can raise."

For instance, Anderson said, with an annexation like Orlando Apopka Airport, the city hopes to attract more visitors to restaurants and businesses that officials think will spring up near the airstrip.

Randy Somers, director of marketing for the airport, said he thinks that's why the city was so eager to annex the airstrip and several other properties.

"That's the beauty of a project like this: You don't tax the police force, you don't tax the Fire Department, you don't tax the roads," Somers said of the nearly 120-acre airport.

Apopka officials helped expedite an expansion, he said.

"They were as aggressive to have economic growth as we were to develop this property," Somers said. "If we were facing an issue of some kind, we didn't have to get into a line of 500 people."

Erin Ailworth can be reached at eailworth@orlandosentinel.com or 407-420-5507.

Official swayed, activists contend

By Jason Schultz

Palm Beach Post Staff Writer

Monday, January 08, 2007

Palm Beach and Martin County developers, their businesses and in some cases, their wives, took a major but quiet financial interest in Martin County Commissioner Susan Valliere during her reelection campaign last year.

But slow-growth activists who have been supporters of Valliere since she first won office in 2002 are accusing her of selling out to the highest bidder after learning that a political action committee created by Valliere's husband, Jim, took in thousands of dollars from these developers during her campaign."The hardest thing is dealing with somebody who is like a turncoat," said slow-growth activist Paul Shidel, who gave Valliere money to help her get elected in 2002 and gave her money again last year to win reelection over challenger Patrick LaConte in the Sept. 5 primary.

The Citizens Committee of Martin County, which was founded by Valliere's husband, Jim, in May 2005 raised $34,202 last year to help Valliere. About $21,000 of that money came from major players in South Florida land development, including Wayne Huizenga Jr., the son of the owner of the Miami Dolphins and owner of several real estate companies.

Valliere won her first bid for election with strong support from slow-growth activists such as Shidel and Martin County Conservation Alliance Chairwoman Donna Melzer and some of the same environmentalists who voted for her last year. But supporters say Valliere's votes have changed and now mostly favor development.

They blame the PAC cash from the intertwined group of Palm Beach and Martin County developers.

"We're upset," Melzer said. "Clearly the Vallieres were very carefully trying to conceal how much the developers were supporting her."

Most of Valliere's critics said they didn't learn about the PAC until hearing about it last week - more than three months after the election.

Jim Valliere reported the financial contributions for his wife's campaign and for the PAC on paper, while all other local candidates reported them electronically. Although the contributions to Valliere's official campaign reports eventually were posted on the elections supervisor's Web site, the PAC money was not.

The commissioner said she had little involvement in the PAC, was unaware of some of the developers such as Huizenga who contributed to it, and said she did not sell out.

"My voting has not been changed by contributions one little bit," Valliere said.

Jim Valliere said his wife did not know where the PAC's money came from.

"Susan was not involved in the finances whatsoever," Jim Valliere said.

Susan Valliere said she told her husband to take money from anybody.

"Even if I had gone over the finances with a fine-toothed comb and found all of that, I still would have taken the money," she said.

The PAC took in $21,000 from large developers and business officials, while her official campaign took in about another $5,000 from the same donors.

The donors list for the PAC includes developers responsible for building large housing and commercial projects and roads in South Florida, including Huizenga, home builder Gary Gordon and investor Wally Schickedanz.

The former director of the Palm Beach County Business Development Board, Gregory Fagan, and member George Elmore also gave the PAC thousands of dollars through their companies and spouses.

Fagan owns a North Palm Beach-based engineering firm that represents large developers, and Elmore owns companies that build road projects and golf-course neighborhoods.

Many of the contributions from people such as Fagan came from companies they own with names like Anything Inc. Money also came from their wives, such as Fagan's wife, Lanell, who gave money through a designer shoe company she owns called Lady Lanell's.

Reached while on vacation, Fagan said he did not have the records of his contributions on him so he could not comment.

Critics say the number of developers giving Valliere money and the fact that they used their companies and relatives to give it shows an effort to hide the true level of their support for her.

"They must have thought she was their vote to give her money in so many different ways," Melzer said.

Tim Sargent, director for Huizenga Holdings, said the Valliere campaign asked that their donations be given to the PAC instead of the official campaign, so the Huizengas did not try to hide anything.

"The Huizengas support good candidates and we felt that she was a good candidate," he said.

The Cummings family, who developed much of Palm City, also gave thousands of dollars to the PAC. Family member and developer Casey Cummings said the family was not trying to hide its donations.

"The reason we supported the PAC is that we felt it was a pretty good shot at a moderate, middle-of-the-road, balanced approach," Cummings said.

Valliere's former supporters say they are particularly upset that she took money from developers such as Martin Tabor, who proposed developments that came before the commission after the election.

She also took money from donors such as Stuart attorney Jack Carmody, who frequently represents developers before the commission.

"Maybe I was just a naive commissioner when I started out, but I didn't take money from people who had business before the commission," said Commissioner Sarah Heard, who often finds herself on losing ends of 4-1 votes.

Shortly after being reelected, Valliere voted for Tabor's proposed tourism district that would use a self-contained sewage treatment plant on the banks of Lake Okeechobee. The county's comprehensive plan, its blueprint for growth, prohibits such plants in rural areas.

Carmody represented Tabor on that project.

Valliere publicly chastised Heard, who opposed Tabor's project, and accused her of misrepresenting the facts to the public.

Tabor did not return calls seeking comment.

Valliere said allowing Tabor's development was better than allowing septic systems on the land.

Shortly after the election, Valliere also replaced her appointee, Ed Fielding, on the local planning agency. The board makes recommendations to the county commission on proposed developments.

Fielding accused the Vallieres of striking a deal with Carmody to get financial support from developers in exchange for getting rid of him.

"They made a deal for my head," Fielding said. "Carmody is a way of funneling money from developers to the anointed one."

Carmody did not return calls seeking comment. Valliere denied Fielding's accusations and said she replaced Fielding because he was voting against nearly every proposed development that came before the planning board.

"He just voted no all the time and disregarded the laws," said Valliere, who had appointed Fielding to the panel in 2002.

Shidel accused Jim Valliere of persuading his wife to vote for projects in exchange for accepting developer contributions.

"He's kind of like a shadow commissioner," Shidel said.

Valliere said her husband and the developers who gave her money do not control her.

"Nobody tells me what to do," she said. "I don't make deals."

Jim Valliere said he started the PAC in 2005 after the end of a lawsuit his wife filed against political opponents who had accused her of not living in her district. Supporters had given her money to pursue the lawsuits. A judge sided with Valliere in the residency dispute.

Jim Valliere said he wanted a way for the supporters to give the unused portions of their legal defense donations to the reelection campaign. Because Valliere had not announced she was running for reelection, Jim Valliere said, he created the PAC.

The Vallieres say those early supporters have turned their back on the commissioner because she won't go along with all of their anti-growth views.

"Those are the 'no-growth' extremists," Jim Valliere said. "Heard votes no on everything and she doesn't even read the agenda."

Heard called Jim Valliere's comments "ignorant."

"I vote no to protect the citizens," she said.

Valliere said the developers only expect her to be fair to them, while the "no-growth extremists" criticize anyone who takes any form of money from businesses.

"Fair is OK" with the developers, Valliere said, "but not these extremists. If you take money from the chamber of commerce you are automatically dirty to them."

Critics fired back that they supported Valliere until she started siding with developers and taking their money.

"I didn't turn my back on her," Melzer said. "I endorsed her and told people to vote for her."

Some donors to Valliere's campaign who are not as heavily involved in the slow-growth movement said they are surprised by the PAC money, but they still support Valliere. But others, such as Palm City social worker Regina Wood, said she would take back her vote if she could.

"I don't trust her and I would never vote for her again," Wood said.

The furor over the PAC money has caused such a rift between Valliere and the slow-growth movement that neither side is sure it will ever heal.

"We'll have to deal with her as one of the boys," said Melzer, referring to the three male commissioners who traditionally support development.

"The idea that this is some kind of secret is just wrong," Valliere said. "There are no secrets here."

Contracting business draws ire from neighbors

Palm Beach Post Staff Writer

Monday, January 08, 2007

LOXAHATCHEE — The dispute started as a friendly encounter: one neighbor welcoming the other to the area, and the two talking of how their daughters could play together soon.

The new neighbor made additional overtures in the Deer Run community: promises to the homeowners association to clear some trees along a canal, declarations to spruce up the property he said he planned to call home.

But the camaraderie disappeared quickly.

Ed Powell, who moved next to Deer Run in September 2004, ripped up dozens of healthy pine and cypress trees from neighbors' property and launched a contracting and land-clearing business from his residential Murray Lane property.

It seems happenings of that scale would be easy to pin down. But they haven't been.

Neighbors say that, despite restrictions in spring 2005 from the county's environmental resources management and code enforcement department, Powell kept his questionable business going, chopping down trees to make room for fuel tanks and big trucks. They videotaped at least two dozen hours of footage documenting the activity.

"I think he's crazy," said Barbara Dodge, whose Loxahatchee land adjoins Powell's. "We all think he's crazy."

Prompted by media inquiries, code enforcement again patrolled Powell's property late last year and issued another citation Dec. 27 for operating a business in an agricultural-residential zone. Between the first and final citations, code enforcement monitored the property briefly but found no wrongdoing, records show.

As for Powell, he maintains he's never done anything wrong. "I have idiots on the other side of me," he said.

The property at 18301 Murray Lane is the address for Powell General Contracting Service Inc., formerly called Ed Powell Bobcat & Heavy Equipment Inc. Forested lots are north and east of the company, with a water retention area to the west. Deer Run's high-end homes are south.

From pre-dawn until after dinner hours, flatbeds, bulldozers and dump trucks lumber loudly across the 5 acres, digging holes, moving dirt and beeping as they move backward, neighbors say. Mechanics repair tractors and pickups. A Port Consolidated fuel tanker has rolled in several times. Two red tanks marked "off-road fuel" sit on the property. Video footage neighbors have taken shows the same.

"It's a major business going on there," said Tom Thompson, whose Deer Run home sits across from Powell General Contracting. "It couldn't be any more obvious."

Powell dismisses the videos.

"It's all fabricated crap they pasted and put together," he said. "I am doing nothing but bettering that piece of property."

In fact, Powell dismissed most everything county agencies and neighbors say he has done wrong.

In a nutshell, the story starts like this: Shortly after closing on the property in September 2004, Powell ripped up dozens of healthy pine and cypress trees from two of his neighbors' properties. He didn't have environmental permits to do that.

Henceforth, differing versions unfold.

The neighbors who lost their trees and the Deer Run homeowners association, which has authority over the easement the trees were on, say they never gave Powell permission to knock down healthy vegetation. The homeowners association, however, did sanction removal of some nonnative trees, board President Bob Stevens said.

"We thought he was going to be a good neighbor," Stevens said.

Powell insists the homeowners association gave him clearance to remove everything on the easement.

Soon after, he cut down much of the dense vegetation on his own lot, too.

"This guy just went in there and clear-cut every tree," Stevens said. "People get fined thousands of dollars for clearing trees."

Troubled neighbors notified the county's environmental resources department, which issued Powell a notice of noncompliance - a slap on the wrist, in essence. Powell said he cut the trees because they were dead and so he could capture a view of a canal.

County aerials of Powell's site from January 2004 show dense forestation. February 2006 aerials, the most recent available, show bald land encircling a central patch of vegetation.

Code enforcement is another matter. The department cited Powell in April 2005 for several violations: conducting a contractor storage yard and bobcat and heavy equipment repair business, operating machinery and heavy equipment before 7 a.m., excavation and removal of fill from the premises.

Powell says the only reason code enforcement cited him was to remove some old machinery. As for the functioning trucks and machines that were on his property, they were for building a large shed and clearing the land, which code enforcement said was OK, he said. And he said he rarely - if ever - stores equipment on the property.

When little improved for the residents, they again took their case to code enforcement, replete with updated video footage. From the start, they also reached out to the state attorney's office, sheriff's office and former County Commissioner Tony Masilotti.

In December 2005, they pleaded to the county commission, alleging that code enforcement wasn't pulling through. A meeting file tape shows code enforcement director Terry Verner saying his staff checked five times after Powell's September 2005 compliance deadline but found nothing wrong.

"I don't know how much detail you go into, sir, before it becomes harassment," Masilotti told Deer Run resident Frank D'Amico, who lives across from Powell General Contracting.

During the meeting, Verner said his staff would continue monitoring. But code enforcement records show the case was closed the day after the meeting.

Powell said last month he plans to sue the Deer Run homeowners association for harassment.

Meanwhile, a half-dozen neighbors say they want to regain the tranquility and sense of community that lured them to this equestrian community of homes set on large lots.

Weary from the noise that comes from Powell General Contracting, D'Amico bought a Wellington condominium last year, where he stays during the week. Thompson invested in Areca palms to replace the trees Powell ripped out. And riders have stopped galloping along the canal that borders Powell Construction.

"The peace and quiet we used to have no longer exists," Deer Run resident Steve Pavlick said. "This operation should not be there."

Groveland's Edge House a window into the city's history

Monday, January 08, 2007

GROVELAND - With all the growth in the Groveland's future, residents may find comfort in a piece of local history thanks to the efforts of two sisters.

Kendall Koehne and Alison Mullany have worked hard to preserve the Edge House, one of Groveland's oldest structures.

Koehne and Mullany, who run Florida RanchLand Realty out of the Queen Anne style home that was built in 1902, said they always planned to preserve it.

Koehne said she inquired about getting the house recognized with the National Register of Historic Places, a process she soon found to be long and tedious, but very educational.



According to Koehne, the application took about three months to complete. She said she had to provide black-and-white photos of the house printed on archival paper and become familiar with "Queen Anne" terminology.

"The photos are made to probably outlast us, and I now know so much terminology like 'double-hung sash windows' and calling the porch 'the veranda,'" said Koehne.

The sisters had to provide a history of the contributions the Edge family made to Lake County and in Groveland, as well as attend a hearing in Jupiter, before the application was submitted for final consideration.

Finally, the house was placed on the national register in October 2006.

"We are very proud of this house. It was quite a process to accomplish it, but it was worth it" said Koehne.

"We wanted to turn it into a beautiful building to be similar to what it was when it was built. We have done everything we could to preserve the essence of it" said Mullany. "It's important that with everything going on in South Lake County, there is something for the community that is going to stay the way it was forever."

After seeing the exterior, most people expect to walk in and be impressed with the inside, Mullany said

The pine floors are all original and the scrolled, decorative lattice woodwork, which was brought from New Orleans, accents the fireplace and double-tiered mantel on the first floor.

There are also verandas on both floors and traces of an elevator that once helped Mrs. Edge up and down the house late in her life.

Koehne said the upstairs veranda also has an enclosed portion called a "sleeping porch."

"You know you are going to see the beauty inside that the outside portrays," said Mullany. "That's what I saw when I first walked through it, pure beauty and history."

The house is also home to Smoky Jo - the family cat - a lot of their mother's oil paintings and antique pieces the sisters have collected dating from the home's era - some belonging to their mother, Betsy Koehne.

"I must say, I was born and raised in a big, old Victorian farm house with a circular staircase. And when my daughters purchased this house, it brought back fine memories," said mom Betsy Koehne, who often comes to work with the girls and to sit and read in the living room. "I'm delighted they were instrumental in helping to restore this lovely old house."

Koehne and Mullany invite anyone who would like to tour the Edge House to call the realty office at 429-0100.

"We would love for people in the community to visit the house. They are who we did this for," said Mullaney."

Tall palms look nice, but ...

They're not overly shady and are susceptible to fungi. Still, Dunedin's Washington palms are there to stay, the city says.

SHEELA RAMAN
Published January 8, 2007

The palms of Dunedin, 354 of them soaring 90 feet over Edgewater Drive - are like your grandmother's fainting couch. Charming. Classic. Elegant. But, you know, kind of a pain in the neck to keep around for all these decades.

Do palms have a passe problem?

Since the 1920s, the lofty species has lined Edgewater Drive, luring visitors with visions of tropical glamor and the good life.

And the palms are here to stay, even as they fade from other urban landscapes, according to city arborist Alan Mayberry.

"I'm really not a fan of them," Mayberry said. "But the premium for residents is the view."

Los Angeles city leaders have decided to slowly phase out palms because they cost too much, provide little shade, and scatter their bulky fronds in windy weather. They have also been increasingly plagued with deadly fungi.

Dunedin's palms are not immune to these issues, but they are too much of a local fixture to get rid of, Mayberry said.

"It's the classic, Southern palm-lined boulevard," said city commissioner Deborah Kynes, who lives near Edgewater Drive. "They're not going to go away because we don't want them to."

The 354 palms along Edgewater Drive belong to the Washingtonia robusta species, and are commonly known as Washington palms. They are long and lean, reaching up to 90 feet, and their fronds form flat crowns: They are the iconic palm that most people recognize.

A problem with the Washington palm is that it is a native of Mexico, not Florida, Mayberry said. Also known as Mexican fan palms, they are used to drier heat, and in Florida are more susceptible to the fatal fungi - fuserium wilt, gliocladium blight, and ganoderma - that plague palms.

Ganoderma has seriously threatened the palms along the Memorial Causeway in Clearwater in recent years, said Mayberry, who served as Clearwater's arborist for almost 30 years before coming to Dunedin nine months ago. But for the most part, he said Dunedin's palms have stayed sturdy.

"A lot of them are just so old that they've adapted to the climate," he said. "Pretty much the only thing that threatens them now is lightning strikes. That's their No. 1 nemesis when they get older." About a half-dozen of the road's palms are damaged by lightning every year, he said.

About 80 percent of the palms along Edgewater Drive are the same trees that were originally planted in the 1920s. But last year, the city replaced 50 damaged palms using a $35,000 grant from the Florida Department of Transportation. The city also spent $4,302 on palm pruning last year, but Mayberry said this figure will go up in future years because the newly planted palms require more pruning than the older ones.

"You see, even if you don't like palms you have to become a palm fanatic in Florida," said Mayberry, who has also worked as a palm pruner. "At least in my line of work."

Mayberry's main complaint about palms echoes the concerns of his counterparts in Los Angeles: Palms are purely an aesthetic.

"In our business we try to fight deforestation," he said. "And palms don't provide enough canopy density to send nutrients and oxygen back into the atmosphere."

In fact, he said, palms aren't even trees. They belong to the grass family, and have barks made of fiber instead of wood.

If he had to choose a palm to plant, he said it would be the sable palm, which is native to Florida. They're superior, he said, because they have more foliage, require less maintenance, and are adapted to local wildlife.

In Los Angeles, city leaders have decided to replace Washington palms with sycamores, oaks, and other, leafier, native species.

But Mayberry knows that in Dunedin, a battle against Washington palms is one he will never win.

"They're just a landmark," said Vivian Grant, 93, who grew up along Edgewater Drive and remembers when the oldest palms were only 3 feet tall.

"That kind of vista is a rarity these days," said City Commissioner Kynes. "And if neighbors have to pitch in to keep them around, we will."

Butterflies spreading, could hit Florida

The Associated Press

SANTO DOMINGO, Dominican Republic — An Asian butterfly known for ravaging the leaves of young citrus trees has spread from the Dominican Republic to other Caribbean islands and could soon strike fruit producers in Florida and South America, agriculture experts said.

The Papilo Demoleus butterfly was spotted in the Dominican Republic three years ago — the first recorded sighting in the Western Hemisphere, said Brian Farrell, a Harvard biology professor who led the field study that found it.

The insect, known also as the lime swallowtail, has since appeared in Jamaica and Puerto Rico. U.S. officials worried about Florida's $9 billion citrus industry have criticized the local government for not doing enough to control the pests.

U.S. officials worry the pest could be brought into the United States by a tourist, or smuggled into the country with illegally transported fruit. Known as a strong flier suited for island hopping in Asia, the butterfly might also manage the trip on its own.

"I don't think the (Dominican agriculture) ministry is doing anything. They don't see it as a problem," said Russell Duncan, of the U.S. Department of Agriculture's Animal and Plant Health Inspection Service in Santo Domingo.

The director of the Agriculture Ministry's fruit department, Damian Andujar, said there was no need for a widespread eradication campaign. "This isn't a big problem for us, it's under control," he said.

The butterflies, with red and yellow wing markings and bright blue eyespots, have such a taste for citrus leaves that they often strip trees of all but their branches.

A year after they were discovered in the Dominican Republic, an infestation destroyed more than 4,000 young trees owned by produce giant Grupo Rica — 3 percent of its nursery stock, said Felipe Mendez, a company official.

Caterpillars ate every leaf on many of the trees they attacked, Mendez said. Damage to the company's orchards in the country's south central region has since been contained by workers trained to pick leaves at the first sign of butterfly eggs.
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"We realized we had a natural enemy," Mendez said.

Workers in Jamaica's St. Catherine region also have been trying to kill the caterpillars by hand. An aerial spraying campaign has not been attempted for fear of damaging nearby beekeepers' hives, Agriculture Minister Roger Clarke told the Jamaica Observer.

Red tide levels down significantly

Misery caused by noxious algae in the Gulf declines in winter

By KATE SPINNER

kate.spinner@heraldtribune.com

Following six months of iffy beach days caused by red tide blooms that stretched and shifted from Collier to Pinellas counties, the Southwest Florida Gulf coast is starting to clear.

For the past month, red tide cell counts from the shores of Bradenton to Boca Grande have been dropping. The last count showed no red tide north of Venice and very little to the south.

While red tide has not been strong enough to ruin beach days for at least a month, scientists won't say the bloom is over.

"Things have definitely gotten a lot better, but we still have some lingering populations of red tide," said Jay Abbott, a red tide scientist with the research arm of the Florida Fish and Wildlife Conservation Commission. "As long as it's around at concentrations like we're seeing, we can't really say that it's gone."

Historically, red tide disappears, or at least drops, in the cool winter months. But a bloom persisting past December can occur, especially when the average temperature is above normal, as it has been the past month.

A 2005 bloom, one of the worst in recent decades, cropped up in winter and spread deadly toxins from north of St. Petersburg to south of Naples at its peak in late September.

The 2006 bloom was not as severe, but still caused respiratory problems and killed marine animals.

Red tide algae naturally occur in marine waters in background concentrations. When the algae encounter conditions that allow them to feed and grow, they form a bloom.

Generally, the algae prefer salt water, warm temperatures and calm waters.

Scientists debate the role nutrient pollution plays in the algae's growth to bloom status, but all algae need nutrients, such as nitrogen and phosphorus, to survive.

The algae's life cycle is short and when they die, they emit brevetoxin, a poison that kills dolphins, sea turtles, manatees and fish.

In 2005, 92 manatees died from exposure to red tide. Statistics show 53 died in 2006 as of Dec. 20.

Allen Foley, a state sea turtle scientist, said he suspects red tide caused double the average sea turtle strandings on Southwest Florida beaches in 2005 and 2006.

On average, scientists recover about 250 sea turtles from the shore. During 2005 and 2006, that number reached near 500.

Most sea turtles die and sink to the sea floor. Those that scientists document represent about 10 percent of actual deaths. So, the death toll from red tide could be anywhere from 250 to 2,500 sea turtles, Foley said.

Red tide also affects people, though not as severely.

When the wind blows toward shore during red tide blooms, the poison drifts up to 11/2 miles inland.

Even healthy lifeguards feel the typical cough and sometimes end up with a stuffy nose. The poison can cause breathing problems for people with asthma.

Last year, 4,865 people called the Department of Health's aquatic toxins hot line to complain about exposure to algae poisons.

About 95 percent of the calls came from coastal counties north of Naples and south of Tampa, said Fernando Senra, a spokesman for the Department of Health.

"The number of calls we get is absolutely related to the size and location of the red tide bloom," Senra said via e-mail. Calls dropped off in November as the bloom waned.

Abbott said that while the bloom has shrunk to the point where it is not causing much harm now, it's impossible to predict whether and when it will sprout again.

On Friday, a small bloom was detected off Sanibel and a few dead fish had washed ashore, along with mats of red seaweed. Abbott said the fish kill may be linked to the bloom.

Coiled threat stalks Florida

A Times Editorial
Published January 8, 2007

Imagine walking out your door and coming face-to-face with a 13-foot Burmese python. It happened in a Jacksonville neighborhood. In Miami, Felix Azquz noticed a pet turkey missing from his plant nursery and found the culprit - a 10-foot African rock python too fat from its meal to escape through a fence.

In Florida, large, nonnative snakes on the crawl aren't just the stuff of urban nightmares. They also threaten the balance of nature in a state increasingly under siege from imported animals and plants. Fragile ecologies, such as in the Everglades, are particularly vulnerable to the damage done by large snakes that eat native wildlife.

The Florida Fish and Wildlife Conservation Commission recognizes the problem and is trying to respond. A proposed rule would require anyone wishing to own certain species of python or anaconda to get a permit first. Not only would the rule make it easier to keep track of such snakes, but it could weed out the most irresponsible owners by imposing caging requirements and a demonstrated knowledge of snake care. The state might even require microtransmitters to be implanted in large snakes so that owners could be held responsible if the reptiles are released.

A final draft of the rule will be considered in February, but so far the Legislature is providing no help. A bill that would have regulated the sale of large snakes died in committee earlier this year because reptile collectors objected. So even if the wildlife commission toughens the rule, it would have no way of funding enforcement.

Only snake lovers can understand the allure of a reptile that can grow 6 to 8 feet in a year. Yet thousands of pythons are imported into the country each year. When they get too big or too scary to handle anymore, many end up being released into Florida's inviting wilds.

More than 150 pythons have been caught and removed from the Everglades this year, but the threat is growing. "It's a now-or-never thing," said Lori Oberhofer, a wildlife technician. "If we let this go, we don't know how far the pythons will migrate, how much they will reproduce."

The warning should be clear to the wildlife commission and lawmakers. A tough rule that requires snake hobbyists to be responsible and a reasonable fee to pay for enforcement are the least state officials can do to respond to this threat.

Westwater takes big swing at condo market

By STEPHEN FRATER

stephen.frater@heraldtribune.com

SARASOTA -- In today's notoriously soft regional condominium market, Mark Miller is winding up to take a $50 million swing.

In the fourth quarter, there was about $2 billion worth, or more than 3,600, unsold condos in the Sarasota Multiple Listing Service alone. In October, only 83 were sold, most of them for less than $350,000.

That monthly absorption rate amounts to 2.28 percent of available condo inventory or, to put it another way (assuming no more would-be condo sellers materialize and no new condo projects are built), it will take about 31/2 years to empty the condo inventory cupboard.

The local glut notwithstanding, Miller, president of Sarasota's Westwater Construction Inc., backed by a $47 million line of credit from Wachovia Bank plus his own money, has unveiled a 189-unit gated golf condo community called Legends at Forest Lakes.

Westwater, which specializes in high-end, turnkey construction, construction management and design-build projects, has situated Legends on the grounds of Forest Lakes Golf Club on Beneva Road, north of Bee Ridge Road. There, overlooking the 10th fairway, seven three-story buildings will arise in what Westwater is referring to as an "old-world, European style."

The company is making a big bet on Legends because it offers "resort-style residences and amenities, a brand new challenging 18-hole golf course and all at prices that are affordable for this market," said Jimmy Stewart, Westwater's director of business development.

Forest Lakes Golf Club, established in 1964, is one of Sarasota's oldest semi-private golf courses. It was designed by Roy Albert Anderson and hosts the annual Otto Graham Sports Legends Classic.

As part of the Legends project, the golf course has been extensively renovated, including the new two-story clubhouse that also houses the restaurant, bar and private function operations.

The site is thought by the developers to be a big draw as well, because it is reasonably close to both downtown Sarasota and Westfield Southgate mall.

Each building will have parking underneath on the ground level. The condos range from 1,770 to 2,240 square feet, with prices starting in the $400,000s.

Three floor plans are offered: two with two bedrooms and two baths, and one with three bedrooms and three baths.

A variety of three floor plans offer "an open and airy feel," with high ceilings and private terraces, Stewart said.

Amenities will include a pool and restaurant, which will feature an as-yet unnamed "award-winning chef trained internationally at Le Cordon Bleu Culinary Institute." Room service to the units and private catering are also be on the menu.

The Legends sales center is at 2401 Beneva Road and the virtual Legends community can be seen on the Web at www.legendsatforestlakes.com.

Westwater's partners in the project include DSDG Inc., the Sarasota-based architectural and interior design firm, and LandEscapes LLC, another Sarasota firm that specializes in landscape design and architecture.

Westwater, established in 1991 and now with 32 employees, says it has built more than 1 million square feet of luxury homes since it was founded.

The company recently developed the Italian-style courtyard villas at Burns Court in downtown Sarasota. It also is a designated home builder at Kevin Daves' The Concession Golf Club and residential development.

Other Westwater-built residences are at the Enclave at Bay Isles, The Lake Club at Lakewood Ranch and Stillwater on the Bay.

The company has also built a string of multimillion-dollar homes in the region, including 6,000- to 9,000-square-foot waterfront homes on Casey and Siesta keys.