'Forever' is facing limits

Land preservation merits more funding

St. Pete Times editorial
Published January 19, 2007

The Hernando County Commission has no shortage of pressing issues to deal with as it convenes today for an all-day, priority-setting session organized by administrator Gary Kuhl and his staff.

Roads, parks, public facilities, utilities, budgeting practices, impact fees and expanding the jail are just some of the high-profile items that will be discussed.

So, the commissioners will need to cover a lot of ground quickly if they adhere to Kuhl's rapid-fire schedule, which allots only 10 or 15 minutes per topic.

One issue that should not be given short shrift is the Environmentally Sensitive Lands Fund. This farsighted land-buying initiative, put in place by voters in 1988, is dangerously low because commissioners have not acted on recommendations to increase the fund's exceptionally low tax rate.

Since its inception, property owners have paid one-tenth of a mill into the sensitive lands fund. That equals 10 cents on every $1,000 of taxable property value. For example, the owner of a home assessed at $125,000, who takes the $25,000 homestead exemption, pays $10 per year into the sensitive lands fund.

Of the 30 Florida counties that have such a fund, Hernando has the lowest tax rate, generating only about $940,000 per year. That is not nearly enough to keep pace with the booming real estate market in Hernando County.

A recent example of the properties that have been purchased with that revenue is Peck's Sink, a critical groundwater collection area southwest of Brooksville that filters much of the region's drinking water.

The county spent $1.3-million on that 80-acre property last year, and has plans to buy 250 more surrounding it, all to protect the aquifer from contaminants.

Members of a commission-appointed committee, which works with county planners to advise the board on how to spend the money, recommended in early 2005 that the tax rate should be increased. Placing a referendum on the 2006 ballot that asked voters to double the rate was the most talked-about scenario.

But the commissioners did not follow through in 2005, and by 2006 they found themselves smack in the middle of a residents' revolt that probably would have doomed any proposal to increase taxes.

At today's meeting, the commission should determine if there is a consensus to put the question to voters in 2008. If there is agreement, then they should instruct their staff to prepare to justify the need to the uninformed residents who may doubt it.

With the rapid residential and commercial growth in Hernando County, there is an increased need to protect habitats of endangered and threatened wildlife species, as well as the forests, hammocks and wetlands that are linchpins in the region's water supply. A modest increase in this dedicated property tax is the best way to meet that obligation.

Taking sides on Hickory Hill

St. Pete Times LETTERS TO THE EDITOR
Published January 19, 2007

The question of whether the proposed development of the Hickory Hill subdivision should go ahead should be based on Hernando County's needs.

Do we need to turn our beautiful rural lands into a construction meat grinder for the next several years? Will this development cause unnecessary market saturation to an already stagnant housing market, making it more difficult for current owners to sell their homes? Are we going to prematurely divert growth to Hickory Hill simply because Sierra Properties' brochures look nice? What are the true costs in terms of road expansions, services (fire, police, libraries, schools, etc.) to an already crippled county budget facing a massive long-term shortfall?

There is a sense of entitlement with certain Hickory Hill property owners that they should have their lands rezoned simply because they wish it. When one buys rural lands one should assume those lands will stay rural. I am not allowed to start a horse farm in my suburban environment. I assumed that rural Hickory Hill would be not be allowed to become a suburb.

Our county eventually will face the prospect of development in the Hickory Hill area, but the need to develop these lands is years away. Flimsy arguments bleached of fact or passion for this development should not sway the County Commission. A room full of our county's Republican stalwarts, who perceive this as their own little battle, also should not influence the commissioners.

If you really want to see what Hickory Hill will resemble, go to Clermont near Orlando. That used to be country living. Contrast that with a drive down Old Trilby Road and you will see how outrageous this plan is.

If you like your countryside high-fenced and exclusive to the wealthy, then support the Hickory Hill development. If you want to preserve our open spaces, animal habitats, and agricultural lands (not to mention public coffers) that are extremely pleasing to the eye, then don't support it.

James Webb Wrye, Spring Hill

Go North, Ugly Tomato, Go North

Tampa Tribune Published: Jan 19, 2007

In a victory for freedom and common sense, the U.S. Department of Agriculture is allowing the UglyRipe tomatoes of Plant City to be shipped out of state during the winter season.

The decision overrules the Florida Tomato Committee, which deems the breed so wrinkled and irregular that it would damage the tomato reputation of the state. Until now, Florida shipped only what was big, red, perfectly round and utterly smooth.

As in the bathing suit walk in a beauty pageant, imperfections are disqualifying. Santa Sweets could sell its UglyRipe in Florida, but wasn't allowed to ship it.

When we inquired about the restriction in 2004, Reginald L. Brown, manager of the Florida Tomato Committee, explained the need for high standards of beauty, regardless of taste. If an exception were made for UglyRipes, then "everybody would be shipping nasty-looking tomatoes."

If you've ever grown tomatoes in the backyard, you know how easy it is to get tomatoes with odd shapes, oozing cracks, catfaced blemishes and unappetizing colors. But people continue to grow them because homegrowns seem to taste better than varieties bred to look good on the shelf.

Santa Sweets converted that perception into a marketing strategy. The UglyRipe was worth buying because it had a rich, old-fashioned taste. People like it, despite its unappealing peeling.

The Tomato Committee may now have trouble maintaining standards for round and smooth, but the federal ruling is good news for consumers no matter how you slice it.

Citrus Grown At Home Can’t Be Shipped
By BILL RETTEW JR.
wrettew@highlandstoday.com
SEBRING — For the kids and friends up north, there’s bad news.

There will be a little bit less Florida sunshine north of Jacksonville this winter because of citrus canker.

Out-of-state shipping or mailing of citrus by non-commercial growers is forbidden due to a U.S. Department of Agriculture quarantine.

Mark Fagan, spokesman with the Florida Department of Agriculture and Consumer Services, said Tuesday that Florida residents trying to mail or ship oranges grown in the backyard (dooryard citrus) have been regularly disappointed when they go to the post office.

Postal employees and shippers like UPS are forced to deliver the bad news to Florida residents.

“We’ve had a great many calls from all over the state from people who want to send citrus to their friends and family,” said Fagan.

George Wolf, of Chloe Terrace in Sebring, gives away hundreds of pieces of citrus each season from his backyard’s five trees. He distributes fruit freely and even leaves bags of oranges for trash and postal workers.

“I try to share the wealth,” said Wolf. “When you’ve got a good crop, you should spread the blessing to others.”

The grower of tangelos, tangerines, grapefruit, naval and juice oranges said he hates to see wasted fruit on the ground in back yards, considering Sebring’s senior population.

“Particularly since senior citizens are on very, very tight budgets,” he said.

Restrictions were put in place to prevent the spread of citrus canker. On Aug. 2, an interim rule was released to curtail the spread of canker to other orange producing states, which include: Arizona, California, Hawaii, Louisiana and Texas.

The rub for those with tangelo or orange trees in the back yard is a series of requirements, which include: grove inspection within 30 days of harvest; crop treatment with a decontaminant; a permit confirming inspection and treatment; and clear marking on packages to indicate that Florida fruit is prohibited from other growing states.

Andrea McNally, spokesperson with the USDA, said the department doesn’t have enough resources to process enough limited permits to cover backyard growers.

During the hurricanes of 2004 and 2005, airborne canker blew and spread easily, sometimes for more than a mile at a time. The USDA ordered that large tracts of trees were regularly destroyed to prevent canker spread. The USDA then had a change of heart.

“Citrus canker eradication in Florida was no longer a scientifically feasible option,” according to a news release from the USDA about a Jan. 2006 decision.

Ninety percent of Florida’s orange crop is harvested into juice, the industry employees 90,000 workers statewide and covers 620,000 acres, according to a media release from Florida Citrus Mutual. Fagan noted that Highlands County is the state’s fourth leading citrus producer with 78,000 acres harvested, behind Polk County with 101,000 acres.

Fagan said that the current ban on home growers might not last forever.

“We would like to sit down with the USDA and look at the rules of quarantine for the next summer,” said Fagan. “We hope to see changes after this season. As long as the commercial industry follows decontamination procedures they will help to minimize the risk of canker exposure.”
No freezes have hit Florida growers this season, but an estimated 75 percent of California’s crop suffered four consecutive nights of sub-freezing temperatures.

“The 2006-2007 Florida crop should help bridge the gap, as it is maturing with excellent quality and good appearance,” according to Michael W. Sparks, executive vice president/CEO of Florida Citrus Mutual

Permits Soar In Record Year

Published: Jan 13, 2007

PLANT CITY - Fueled in part by the housing boom, the city's building permit activity set a lofty record in 2006.

Builders pulled permits for slightly more than $152 million in construction, about double the previous record set in 1999.

"I was delighted to see it," City Manager David Sollenberger said of the surge.

Building permits are considered a key indicator of economic health.

Housing, most of it single-family, accounted for $48.1 million of the permits in 2006. Plant City has seen an unprecedented boom in housing in recent years, with 9,000 homes proposed in a city of about 33,000.

In 2006, permits were pulled for 298 single-family homes, 33 multifamily units, 21 mobile homes and five duplexes. Owners of more than 1,600 acres have annexation requests pending.

However, city officials say requests for new home permits have slowed recently as the real estate boom appears to be winding down. Mayor John Dicks said he looks for a downturn in housing in 2007 as Plant City follows the national trend.

Besides housing, the 2006 statistics included a large permit: one for $39 million for work at the city's utilities plant. Sollenberger said even without that permit, the city still had a record year.

One of the larger private projects during the year was The Villages, an open-air mixed commercial and residential project under construction on about 4 1/2 acres in the 2800 block of James L. Redman Parkway. The first phase should be complete in March. The project eventually will have 53,000 square feet of space, including landscaping and 10 apartments.

The developer, real estate broker Donna Jean Crocker, said she sees 2007 as another strong year for commercial development and a return to normalcy in residential.

"That was a crazy time we had," she said of the housing boom.

"We're in a good market. I feel good about the market in Plant City."

Crocker said customers in her project will have easy access to the adjacent Wal-Mart. She sold Wal-Mart the property for its store in the early 1990s and is building The Villages on land she had left over from that sale. The proximity to Wal-Mart is a big drawing card, she said.

Besides Crocker's projects, other major commercial projects during the year included:

•$3.5 million addition at Dart Container, 4610 Airport Road

•$1.2 million addition at Plastipak, 4211 Amberjack Blvd.

•$1.2 million remodeling, Sweetbay Supermarkets, 205 W. Alexander St.

BUILDING ACTIVITY

Plant City building permit activity in recent years.

Year Cost

(in millions)

1996 $60.9

1997 $54.4

1998 $30.3

1999 $75.9

2000 $49.7

2001 $64.4

2002 $42.2

2003 $42.3

2004 $51.5

2005 $57.7

2006 $152

Reporter Dave Nicholson can be reached at (813) 865-4432 or dnicholson@tampatrib.com.

Report: State lagging in Everglades cleanup WEST PALM BEACH — State water managers are not doing enough to eliminate pollution from Lake Okeechobee and to restore the overall health of the Everglades, according to an Audubon of Florida report released Wednesday.

The group claims more water storage areas need to be constructed north of the lake to clean pollutants before they enter the Everglades system and that the state has not made substantial progress toward meeting federal deadlines for phosphorus cleanup. The state is currently operating its Everglades restoration under court oversight that came from a 1992 settlement reached after the federal government sued Florida for not abiding by its own clean water standards. The deal produced a consent decree under which a federal judge oversees cleanup.

Environmentalists have accused the state of dragging its feet and point to a 2003 amendment to the state's 1994 Everglades Forever Act. Among other things, it extended by up to 10 years to 2016 some pollution cleanup requirements in the consent decree.

which called for phosphorous to be reduced to 10 parts per billion by the end of 2006. The pollution comes from a number of sources, including agricultural runoff and development.

The South Florida Water Management District has noted that marsh filters have reduced phosphorous loads that would have flowed into the Everglades by up to 71 percent since 1994, and that 90 percent of the Everglades are at or below 10 parts per billion for phosphorous.

Critics claim the district's measurements are flawed and that the state must work more aggressively to restore natural water flow.

"No solution that seeks to manage water systems with pumps and other energy-intensive technologies will ever be as sustainable as restoring the natural functions of the system," said David Anderson, Audubon of Florida's executive director. "Fixing Lake Okeechobee is essential to healing these ecosystems."

Officials with the South Florida Water Management District declined to comment Wednesday, saying they were still reviewing the report.

USDA Permits UglyRipes

Published: Jan 18, 2007

TAMPA - They ain't beauties, but UglyRipe tomatoes could be all right to ship out of state.

The U.S. Department of Agriculture on Wednesday announced it will defuse a three-year dispute and allow out-of-state shipments of the unattractive yet tasty crop during winter months.

Although most Florida consumers won't see a change at their supermarkets, the ruling has a profound impact on UglyRipe growers, said David Sheon, spokesman for Santa Sweets, the Plant City-based company exclusively growing the unique fruit.

The dispute over UglyRipes started three years ago, when the crop standard-setting group, the Florida Tomato Committee, determined the misshapen fruit did not meet standards for out-of-state shipping from mid-October to mid-April. That's the time of year when tropical Florida has a stronghold on national tomato sales.

UglyRipe tomato sales outside Florida have always been permitted the other months of the year. Last year, Santa Sweets shipped 8 million pounds of UglyRipe tomatoes.

Santa Sweet's parent company challenged the ruling, lobbied Congress and appealed to the USDA that the taste of UglyRipes outweighed the state's aesthetic standards.

Reginald Brown, the tomato committee manager, could not be reached for comment Wednesday. Brown has said that appearance standards protect the long-term interest of the industry.

Florida's tomato industry is significant. The 2006 Agricultural Statistical Directory reported that Florida produced $805 million in fresh tomato crops, 49 percent of the total U.S. value.

That translated to more than 62,000 25-pound cartons in the 2004-05 seasons, the statistical directory reported.

Wednesday's decision addressed only the shape of the UglyRipe tomato. Santa Sweet spokeswoman Leslie Gwinn said that change alone could boost the company's production of UglyRipe tomatoes more than 20 percent.

Reporter Mary Shedden can be reached at mshedden@tampatrib.com or (813)259-7365.

Vanguard insurance dropping policies

Property insurer's action could leave 8,600 without coverage on First Coast.

As state lawmakers perform legislative CPR on Florida's gravely ill property insurance market, yet another carrier is threatening to call it quits.

Vanguard Fire and Casualty Co., based in Maitland, has stopped accepting new applications for residential policies or renewing existing ones - a move that would leave nearly 8,600 First Coast residents without homeowners coverage.

The company made the announcement in a letter to its insurance agents Tuesday. Vanguard could not be reached for comment seeking a detailed explanation for its actions.

In the letter, Vanguard said it anticipates the suspensions to be temporary. However, it "encouraged" agents "to seek other insuring options" for the affected policyholders.

Vanguard, which specializes in personal property lines of insurance for Florida residents, was created to provide Floridians with a new homeowners insurance source after many companies stopped underwriting policies following Hurricane Andrew in 1992, according to the insurer's Web site.

Last year, Vanguard filed for statewide average rate increases of 80.7 percent and 84.1 percent for two of its homeowners programs in Florida. State regulators are yet to rule on the rate request but in the past have rejected rate requests they felt were unjustified. In October, for instance, regulators snubbed Nationwide Insurance Co.'s request for a 71.4 percent statewide average hike in homeowners insurance.

Most homeowners insurance carriers writing new policies in Florida are niche players, created in the past few years, said Don Lohr, president of The Pinnacle Group in St. Augustine, a Vanguard insurance agent. They have not had the time to accumulate large financial reserves and are at greater risk of becoming insolvent, Lohr said.

Vanguard policyholders will likely be able to find alternative coverage in the private market, said John Fletcher, president of McNeill, Garrison & Fletcher Insurance Agency in Jacksonville Beach.

"If we were in South Florida, it would be very different," he said, "But in our part of the state, we still have carriers that" have the financial capacity to write more policies.

However, that alternative coverage would likely cost homeowners 15 percent to 20 percent more, Fletcher said.

If Vanguard did fold, it would further weaken an anorexic property insurance market. Several carriers in Florida have culled policies in recent years, with some simply walking away from the state.

Less than two weeks ago, Allstate Floridian said it planned to dump 106,000 homeowner and condo policies, including about 3,700 in Northeast Florida.

Several proposals aimed at easing the financial risk of writing property insurance in Florida are grinding through the Legislature this week in a special session called by Gov. Charlie Crist.

Insurance carriers have been spooked by the high risk of writing homeowners insurance policies and the burdensome regulatory environment in Florida, Fletcher said.

"The state of Florida," he said, "is a very, very difficult place for an insurance carrier to do business."

urvaksh.karkaria@jacksonville.com, (904) 359-4367I

Builders See Deep Losses In Spite Of Rebound

Published: Jan 17, 2007

U.S. - home builders, stuck with more than 500,000 unsold houses, may report the lowest earnings in five years because a rebound in the real estate market is too little too late to save 2007 sales.

Net income at D.R. Horton Inc., the industry's largest company, may plunge 60 percent in fiscal 2007 to $498 million, the worst since 2002 when the domestic economy was recovering from the slowest growth in more than a decade. The average drop in annual profits at America's four biggest home builders probably will be 55 percent, according to analysts surveyed by Bloomberg.

"The demand side of the market is stabilizing, but it doesn't mean that all of a sudden construction is going to be off to the races," said Michael Darda, chief economist of MKM Partners in Greenwich, Conn. He cited a 3.4 percent gain in new-home sales in November from the previous month.

New-home sales fell 18 percent in 2006 to 1.05 million, the biggest contraction since 1990, after median prices rose 41 percent in five years, making them unaffordable for many buyers, said David Berson, an economist at Fannie Mae, the largest mortgage buyer.

Sales will rise to 946,000 homes at an annualized pace in the third quarter and gain until at least the second half of 2008 after falling to a five-year low of 942,000 in the second quarter, the Chicago-based National Association of Realtors said last week.

Freddie Mac, the second-biggest mortgage buyer, and Mortgage Bankers Association predict more housing demand in the second half of this year. The National Association of Home Builders in Washington projects new-home sales will gain in every quarter of 2007.

Stuart Miller, chief executive officer of Miami-based Lennar, the fourth-biggest U.S. home builder, isn't as optimistic.

"Market conditions continued to weaken during the fourth quarter and we have not yet seen tangible evidence of a market recovery," Miller said on Jan. 2. Lennar reported its first loss in more than a decade in the fiscal fourth quarter, which ended Nov. 30. Analysts believe Lennar's earnings will fall 51 percent in fiscal 2007.

New-home sales bottomed in the fourth quarter at an annual rate of 970,000, sliding from an all-time high of 1.3 million in 2005's third quarter, Berson said. The construction slump helped to slow U.S. economic growth in the fourth quarter to an annual rate of 1.6 percent, down from 5.6 percent in the 2006's first quarter, he said on Dec. 20.

Buyers canceled contracts to purchase homes at a record pace in the second half of 2006, swelling builders' inventories. Measured in terms of how long it would take to sell off the existing stock, inventory stood at 6.3 months in November, down from 7.2 months in July and up from 4.9 months a year ago, according to the Commerce Department.

One Home's Price Falls By $223,000

That means buyers like David and Wendy Butler of Orlando are able to purchase an already-completed new home at a discount rather than ordering one and waiting for it to be built. During the five-year real estate boom that ended in 2006, that option was rare.

The Butlers are purchasing a four-bedroom, 3,700-square- foot house in Orlando built by Ashton Woods USA LLC for $545,000. The same home was listed at $768,000 three months ago, David Butler said. Nationally, the median home price probably will slide 5.4 percent in the current quarter to $231,700 from $244,800 a year ago, according to forecasts from Fannie Mae.

"People were saying the average homes in this neighborhood would be $1 million-plus, but there's so many homes on the market the prices have been tumbling," said David Butler, 45. "It's incredible really. All of a sudden, it's time to buy."

Analysts estimate that Centex, the nation's third-largest home builder, will report the biggest decline in fiscal 2007 profit of the four largest home builders, falling by 64 percent in the fiscal year that ends March 31, said a Bloomberg's survey of analysts. The Dallas-based company is expected to report earnings next Tuesday.

Profit at Fort Worth, Texas-based D.R. Horton probably will fall 60 percent in the year ending Sept. 30, analysts estimate. Orders fell 23 percent from a year earlier to 8,771 homes in the builder's first quarter and the average price slid 6.1 percent to $262,000, the company said last week.

Michigan-based Pulte Homes, the biggest U.S. builder of retirement communities and No. 2 home builder by revenue, may report a 43 percent decline in net income this year, as sales to aging Baby Boomers help it outperform rivals, analysts said.

Inventory, the amount of unsold houses, dropped to 545,000 in November from a record 573,000 in July, said the Commerce Department.

Glut Is Gone

"There is no longer a massive glut," said Darda, the MKM Partners economist.

The high volume of completed homes for sale may result in a later start to the spring selling season because buyers can choose a completed home rather than order one to be built. And, the completed new homes may offer price bargains, said Gary Balanoff, a broker at Re/Max Select in Oviedo near Orlando. "We find that people are canceling contracts because they found a better deal," he said. "People figure they can get the same house for $30,000 less."

Builders also are offering sales incentives such as mortgage payments.

U.S. judge sets back pulp mill's waste plan Clean-water advocates say a federal judge has effectively killed Buckeye Florida's plans to pipe wastewater into the Gulf of Mexico.

The pulp mill, located near Perry, has for decades dumped its wastewater into the Fenholloway River. The mill proposed improving water quality by building a 15-mile pipeline that largely bypasses the river.

But a ruling Tuesday by Judge Emmett Sullivan of the U.S. District Court in Washington, D.C., could scuttle those plans. The U.S. Environmental Protection Agency will now control the permit process and is unlikely to allow the pipeline, said Sierra Club attorney David Bookbinder.

"The river in a pipe is dead because Florida has no jurisdiction over it," he said.

The Florida Department of Environmental Protection last year approved the pipeline permit. A spokeswoman said the department was awaiting word on the impact of the judge's ruling.

Buckeye spokeswoman Michelle Curtis said she would also wait for more information before commenting. But she said the pipeline is critical to the company's plans.

"There are no other combination of technologies that would bring the river to fishable and swimmable standards," she said.

The ruling likely won't mark the end of legal battles over the permit. Linda Young, director of the Clean Water Network of Florida, said she'll continue to fight in the courts until Buckeye is required to clean the river.

"They'll either clean it up and obey the law or we'll shut them down," she said.

The company cooks pines in a chemical brew to produce cellulose, used in everything from diapers to sausage casings. The process also produces wastewater that is treated and then discharged into the river.

The wastewater darkens the river and has been linked to mutations in fish. Buckeye proposed spending $95 million to improve the wastewater treatment system and build the pipeline to the Gulf.

Company officials said the project would improve water quality enough to prevent harm to aquatic life in the Gulf. But clean-water advocates said the pipeline would have merely moved problems downstream.

The Sierra Club fought the EPA over the issue in federal court, arguing that the Clean Water Act forced the agency to take control of the permit.

Sullivan issued a ruling in March saying the act "imposes upon the EPA a mandatory duty to exercise jurisdiction." But Buckeye and state officials had disputed the meaning of the ruling.

Bookbinder said the judge on Tuesday told him to write an order requiring the agency to take control. The court will give the agency an opportunity to make changes and then issue an official order by the end of the month, he said, eliminating any lingering confusion over the issue

Young said she hopes the EPA will then end the dispute by killing the pipeline and requiring the river to be cleaned.

"I can't imagine that EPA wants to go to federal court against us again," she said.


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

California Cold Is Florida Citrus Gold

LAKELAND - Last year, Florida citrus growers feared they would not have a market for their fresh oranges and tangerines because of a statewide canker quarantine.

Now a devastating freeze that destroyed an estimated 75 percent of California's citrus crop has opened up new markets for fresh Florida citrus, turning an already profitable season perhaps into a phenomenal money-maker.

California citrus officials estimate the loss at more than $1 billion.

"We now anticipate a big increase in demand for our oranges and tangerines," said Dennis Broadaway, the chief executive at the Haines City Citrus Growers Association, which runs the second largest fresh citrus packinghouse in Florida. "We've got a lot of fruit yet to be picked. We should have enough to supply the fresh market."

Tom Spreen, one of the state's top citrus economists, shared Broadaway's optimism.

"I see a big jump in the fresh citrus (farm) price," said Spreen, the chairman of the Food and Resource Economics Department at the University of Florida in Gainesville.

Fresh citrus constitutes the smaller part of the state's commercial citrus industry, but it's usually more profitable than the majority that grow for juice.

Florida's fresh citrus industry took a hit last year when the U.S. Department of Agriculture imposed a statewide canker quarantine that banned shipment of fruit to 10 other citrus-producing states and territories - a loss of more than 5 percent of the industry's traditional customers.

Each year, more than 95 percent of Florida oranges goes to juice as does about 60 percent of the state's grapefruit. This season the USDA projects Florida growers should produce 140 million boxes of oranges and 26 million boxes of grapefruit.

The California citrus industry is smaller - an estimated 2006-07 production of 44.5 million boxes of oranges before the freeze - and almost all of that goes to the fresh market. With all other states producing only about 2 million boxes of oranges this season, fresh fruit buyers have little choice but to turn to Florida.

Because of Florida's small citrus crop following two hurricane-racked seasons, farm prices for both fresh and juice fruit so far in the 2006-07 season were already the best in decades.

Florida packinghouses have received 17 percent to 21 percent more than last season for fresh orange shipments through Jan. 7, according to the most recent report from the Lakeland-based Citrus Administrative Committee, a federal agency that regulates the state's fresh market.

Spreen predicted the California freeze would push fresh orange prices at least another 15 percent higher.

"That's not a bad price," said Richard Kinney, the chief executive of Florida Citrus Packers in Lakeland, the industry's trade group. "This will help us increase our (profit) margins."

If the California freeze has any effect on juice processing, it will occur when processors and packinghouses start competing for late-season Valencia oranges, which are not harvested until March.

By the time the freeze hit, California growers had picked 25 to 30 percent of its early season Navel orange crop, said Duke Chadwell, the manager of the Citrus Administrative Committee in Lakeland.

Because California Valencias were still on the tree when the freeze hit, they probably incurred the biggest losses, Spreen said. Before the freeze, the USDA estimated at the California Valencia crop at 13 million boxes.

Florida processors were offering about $13.50 on tree for Valencia oranges before the freeze, he said, and even at the price, not many growers were selling.

The on-tree price represents the price growers get from the packinghouse after deducting harvesting, transportation and packing costs. It does not account for the grower's caretaking and other production expenses.

Growers got an average $6.47 per box on tree for juice Valencias and $5 a box for fresh Valencias in the 2005-06 season, according to preliminary USDA statistics.

Processors pay more for Valencias because it's used in most not-from-concentrate (NFC) juice products, the most widely sold type of orange juice.

So processors and packinghouses could get into a real bidding war over the Florida Valencia crop, estimated at just 65 million boxes this season, Spreen said.

That, in turn, will drive the retail prices for NFC orange juice and fresh Valencia oranges even higher, he said.

"It's going to be pretty expensive (for the consumer) this year," he said.

The good news for Florida processors and packinghouses is that on-tree prices probably won't double, Broadaway and Spreen agreed, but that's only because they began at a much higher level this season.

Even with more Florida oranges going into the fresh market instead of the juice side, the effect will amount to a "minor negative" for OJ production, Spreen said. It might mean another 1 million orange boxes going fresh.

"One million boxes is not that much fruit relative to the processing industry. It's only a few million gallons," Spreen said.

Juice oranges can't move readily into the fresh market, which requires cosmetically attractive fruit. That requires more caretaking early in the season, which growers for the juice market avoid because of the added costs.

Although California produces about a fifth as much grapefruit as Florida, the freeze aftermath also should also help the state's grapefruit growers, who've seen prices slump this season because of a collapsing domestic grapefruit juice market, Spreen said.

Consumers unable to find fresh oranges or tangerines - or unwilling to pay the price - may turn to grapefruit as a fresh citrus alternative, Kinney and Spreen said.

Broadaway, Kinney and Spreen base their optimistic outlooks on recent history: California suffered another devastating freeze in December 1998. The state's orange production that season dropped to 36 million boxes, down 48 percent from the previous season. The farm price for fresh Florida Navel and Valencia oranges more than doubled in the 1998-99 season to $9.40 per box on tree, Spreen said. That compared to $4.20 per box on tree in the previous season, according to USDA statistics.

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

Africanized bees confirmed as culprits in attack
State agriculture officials determine that the aggressive variety of bees were responsible for a December attack in Fort Lauderdale.

jlebovich@MiamiHerald.com

Africanized honey bees were responsible for last month's attack on two teenagers and a dog in Fort Lauderdale, according to test results released Tuesday.

The findings from the Florida Department of Agriculture confirmed suspicions that the bees involved weren't the familiar European kind. The Dec. 26 attack on the two teens and the friendly red husky was one of the first by Africanized honey bees in Broward County, officials said.

Thousands of the bees swarmed out of a tree stump in a Fort Lauderdale back yard, terrorizing the trio and landing the dog in an animal hospital for treatment.

All survived, but test results provide ominous evidence that the buzz of Africanized bees in Florida is getting louder. The influx of the aggressive strain -- also known as killer bees -- is worrisome for agriculture officials, beekeepers and everyone who spends time outdoors.

''The real message is that where there's one, there may be more,'' said Fort Lauderdale Fire-Rescue Assistant Chief Stephen McInerny.

Fort Lauderdale Fire-Rescue bagged samples from the 50-pound honeycomb and dead bees from the yard of the home atat 1519 N. Dixie Hwy. and sent them for testing .

The Africanized variety looks identical to the European honey bees common in Florida, but wingspan and body-segment measurements confirmed the worst.

WINTER ATTACKS RARE

''It's concerning because this shouldn't be happening at this time of the year,'' said Gerry Hayes, Chief of the Apiary section for the Florida Department of Agriculture. He said the bees reproduce more slowly in the winter and it's rare to see an attack, though warmer-than-usual weather may play a part.

Prior to the Dec. 26 incident, the Department of Agriculture had found 17 cases of Africanized bees in Broward County over two years, including one in which a dog was stung, Hayes said.

''We've had traps along the port areas for about a decade trying to intercept these bees,'' said Hayes. ``Obviously we didn't get them all. . . . I have no doubt our situation will be similar to South America. All our gentle bees will be gone, and we'll have all these grumpy bees to deal with.''

In the 1950s, scientists from Brazil imported bees from Africa, hoping to increase honey production in the humid climate. But the bees found their way into the wild and soon began taking over colonies of European varieties throughout the continent.

In the United States, the Africanized bees were first sighted in Texas in the early 1990s and about 15 fatal attacks have been reported since then, Hayes said.

''Our population seems to have come off of shipping traffic,'' Hayes said. ``These bees dominate the environment because they reproduce so quickly.''

The Africanized bees have also been found in New Mexico, Arizona, California, Louisiana, Arkansas, Nevada and Utah, Hayes said.

AGGRESSIVE DEFENSE

Africanized bees protect their colonies with thousands of stinging soldiers, whose combined toxins can be lethal. Their zone of protection around the colony is much wider, with a radius of about 300 yards, compared with 30 for their tamer cousins.

''With a European bee, you can cut grass with a riding lawn mower about 10 feet from a hive and get a very moderate defensive response,'' Jamie Ellis, an assistant professor of entomology at the University of Florida. ``Forty feet from an Africanized colony, that same vibration could be enough to make the bees react.''

On Dec. 26, the Fort Lauderdale Fire-Rescue Department was called to a Fort Lauderdale home where bees were attacking Nicole Sinder, 18, and her boyfriend, Charles Graham, as they bathed Sinder's red husky, Sasha in her back yard.

The two had started hosing Sasha down when a cloud of bees swarmed around their heads, chasing the teenagers into the house. Hearing Sasha's terrified whining, Sinder raced back outside to free her.

Furious bees also attacked the first firefighters, who fought back with a foam used on chemical fires. It kills the bees in about 60 seconds, McInerny said. Fort Lauderdale Fire-Rescue workers received special training in August for dealing with the Africanized bees. All of the department's engines and ladders carry the foam.

''This incident was the most serious incident that we had ever been involved with . . .'' McInerny said. ``It's definitely a wake-up call. Fortunately, we were prepared.''

''I'm just really glad to be alive,'' said Sinder, who estimated she was stung between 15 and 20 times. ``I'm really glad I didn't get stung more than I did . . . It packs a punch.''

''The venom load one gets is quite significant,'' Hayes said. ``The average human can take 800 to 1,000 stings before they succumb.''

John Warner, the owner of Shalom Pest Control, said the Africanized bees are not going away anytime soon. They can nest in tight spaces such as mail boxes, barbecue grills, old tires and meter boxes. The European variety needs more space and reproduces more slowly.

REPORTS ON RISE

''I'm treating all calls now as Africanized bees,'' said Warner, an entomologist. ``Previously I would get one or two calls a year for bees. Now I'm getting one or two calls a week, sometimes one or two a day.''

Last week, Miami-Dade firefighters temporarily closed Arch Creek Park in North Miami while they destroyed a colony of 30,000 bees. The park has since reopened. Scientists have not determined yet whether the bees were Africanized.

If people see a large number of bees flying in and out of a building, experts agree, the best thing to do is call a pest control company.

''If you see a colony do not assume the best, assume the worst,'' said Ellis, from the University of Florida. ``If people find themselves being attacked, do not stand still and swat. Run. . . . The best thing you can do is run as fast as you can.''

Miami Herald staff writer Evan S. Benn contributed to this report.

Broward to devise new manatee plan

FORT LAUDERDALE — Broward County officials are set to meet Thursday to devise a new manatee protection plan for the region after the state rejected a previous proposal that would have allowed the construction of thousands of new docks.

The Florida Fish and Wildlife Conservation Commission told the county it needed to find ways to reduce the number of collisions between manatees and boats.

Watercraft killed seven manatees in Broward County last year, the highest number in at least three decades. Last year, watercraft killed at least 86 manatees statewide, the second-highest total on record, according to the commission.

The rejection of Broward County's plan dealt a blow to the region's boating industry because a current three-year moratorium on the construction of new docks will remain in effect. About 40 proposals for new marine construction have been on hold because of the moratorium, said Frank Herhold, executive director of the Marine Industry Association of South Florida.

"We're disappointed," Herhold told the South Florida Sun-Sentinel.

Broward is one of 13 counties required to produce a manatee protection plan. State and federal wildlife agencies say watercraft are the biggest single threat to manatees.

Chairman says growth plan at top of county's agenda


DAYTONA BEACH -- Preserving Volusia County's least touched lands remains one of the County Council's top priorities heading into 2007.

To achieve that goal, county officials plan to work closely with other local governments, heeding the direction clearly conveyed by voters during last year's elections, County Chairman Frank Bruno said Tuesday in his State-of-the-County address at the Ocean Center.

"I'm proud of what we've been able to do as a community here in Volusia County," Bruno said after an hourlong address that included a videotaped segment highlighting county economic development, recreation and conservation activities in 2006. "Again, we're going to have some challenges next year."

Coming together to decide how to deal with growth is one of those challenges. Dealing with homelessness and a state tax system largely seen as inequitable are also among the challenges, Bruno said.

Before an estimated crowd of 320, he reiterated his plan for a countywide summit on human services and said a summit on growth would be delayed until March to get state officials involved and give an organization of local governments time to prepare its recommendations.

Last fall, city officials led a campaign against proposed amendments to the county charter, calling the amendments a county power grab. Many county officials said the campaign, which cost almost $500,000, contained misleading statements about the proposals.

Since then, focus has turned to a proposal by the Volusia Council of Governments to revisit a "smart growth" report issued in 2005 by a committee that included representatives from the building industry, environmental community and others.

Delaying the summit until March will allow the VCOG group to provide crucial recommendations, said Holly Hill Mayor Roland Via, who serves on the council of governments.

Deltona Mayor Dennis Mulder said Bruno has done a good job trying to get past any bad feelings from the elections.

"They've swallowed a large amount of pride to get everybody together (for a summit) and I really commend that," Mulder said.

Not everyone was as optimistic.

Charles Cuidera, a former president of the Volusia County chapter of the Florida Native Plant Society and graduate of the county's Citizens Academy, said he had little faith VCOG would put the environment first.

The county should simply take the lead, the Ormond Beach resident said.

"I've never heard an orchestra play with everyone wanting to play lead," Cuidera said.

Bruno dedicated much of his speech to last year's accomplishments, touting such things as hiring County Manager Jim Dinneen, the ongoing $76 million expansion of the Ocean Center convention center and ground-breaking for the DeLand Crossings industrial park -- an economic development project.

He also said a county survey showed 91 percent of random respondents rated county services "good" to "excellent."

The roughly $5,000 event was paid for by private sponsors.

james.miller@news-jrnl.com

Deal Or No Deal, County Seeks Land

Published: Jan 17, 2007

LAND - O' LAKES - It's been more than six months since Pasco County Tax Collector Mike Olson set his sights on 22 acres in central Pasco for a new branch office, and still there is no sign of a deal.

Olson says the parcel, which sits southeast of State Road 54 and Henley Road, is the best place to expand his growing operations. Convincing the property owners to work with the county and sell the undeveloped land is, however, proving a challenge.

In June, the county commission agreed to pursue negotiations with Lou Eleanor Vanderham, the widow of Frans Vanderham, and try to obtain the land, even if it means doing so through a public taking. Vanderham, who recently inherited the land, has expressed no interest in selling to the county. She has hired an eminent domain attorney to represent her, and has indicated she wants to sell to developers.

That leaves the county with little option other than to initiate eminent domain proceedings or find another site, which Olson said has not been easy.

Government bodies may exercise eminent domain if they are constructing a road or building for a public purpose. In such cases, the property is appraised and, if the owners don't sell willingly, legal proceedings ensue.

"This is a vacant hayfield that is overgrown with weeds," Olson said. "Unfortunately, the owner passed away, and his family is fighting amongst itself. We have a public interest. Eminent domain is to be used for a public interest and a public purpose."

Olson noted that the Vanderham property is zoned agricultural, with a future land use of high-density residential, so possibilities for development are limited. The county is exempt from zoning regulations. If Vanderham wanted to sell the land for commercial purposes, she would have to secure a state-approved land-use change.

"I'm not sure the owners realize they don't have a commercial gold mine there," Olson said.

The Vanderham property is an ideal location for the tax collector's needs, Olson said, because it has room for parking and a driving course, and it is centrally located. The closest tax collector office in Land O' Lakes is at the busy Central Pasco Government Center off U.S. 41, also the site of a restaurant, the Pasco Economic Development Council offices and a supervisor of elections office.

Patrons and workers often complain they cannot find empty parking spaces at the complex, even on days that are not particularly busy. About 10,000 customers visit the Land O' Lakes office each month. With many communities still under construction along U.S. 41, Olson expects his office to get even busier.

Olson has been researching other possible sites for a new tax collector office, he said, but the Vanderham property remains his first choice.

"That's where it should go," Olson said. "I fully expect to build it there. It has been a struggle."

The tax collector operation, since it took over driver's license operations, has departed from rented offices, favoring stand-alone buildings, Olson noted. Just one tax collector office in Zephyrhills is rented, and it does not offer driver's license services. The other offices have added security measures, such as cameras, and space for driving tests.

Olson and County Administrator John Gallagher had the Vanderham property appraised and offered the owners $1.6 million. The next step is to initiate eminent domain. In such cases, a jury decides on a fair selling price.

"If this were someone's home and we had to bring in bulldozers, that would be one thing, but we're not talking about that," Olson said.

County Commissioners Ted Schrader and Pat Mulieri, who represent east and central Pasco, respectively, questioned in June whether eminent domain was necessary. Pasco acquired land for the East Pasco Government Center through eminent domain, but usually officials avoid it because it is an expensive and time-consuming process.

Mulieri said she is hoping the county and the Vanderhams can "reach some kind of resolution," but she does support building a new branch office.

"This is a needed facility, and the parking [at the government center] is atrocious. I think that most definitely this is an ideal place to have it. It will be a well-used facility, and there is a place for parking. The only way it may be settled is through the courts."

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

Full Disclosure Needed On Scope Of Moffitt-Merck Biotech Venture

Tribune editorial published: Jan 17, 2007

When leaders at Moffitt Cancer Center, drug maker Merck & Co. and former Gov. Jeb Bush announced a new biotech venture for Tampa in December, they said the project included $35 million in state and local incentives. What taxpayers weren't told is these tax incentives are the first installment of a commitment that could cost county taxpayers tens of millions of dollars more.

The failure of Moffitt and local public officials involved in the negotiations to disclose the big-picture plan for the venture called M2Gen is troubling. Perhaps the announcement of what's now called Phase 1 was rushed to give Bush one last economic hoorah before leaving office. But given that considerable public dollars are being invested on this venture, the center should have foreshadowed the need for further public dollars up front.

M2Gen is an exciting project. It plans to build a bank of tissue samples from which scientists can determine which types of cancers respond to which type of treatments. Moffitt and Merck scientists then would develop targeted treatments with the hope that better tailored medicines will save more lives. The project will create 150 jobs with an average wage of $80,000 and an estimated $105 million annual economic impact on the region.

To make it happen, the county will pony up as much as $28 million in cash and land. The state will chip in $15 million, a far cry from the $300 million investment Bush sent to Palm Beach County to attract an arm of Scripps Research Institute. The City of Tampa is pledging $500,000, a paltry investment given the project's potential to generate sales tax revenue if it is built in city limits. And another $825,000 would be provided in state and county tax credits. Merck has not disclosed its share of investment in the project, only calling it "substantial."

The project's second phase - a 150-acre research park for spin-off or relocated life science companies - is equally exciting, though the need for further public investments needs to be addressed. Already companies are calling Moffitt about possible affiliations, excited by the proven success and big dreams of those who run Florida's only comprehensive cancer center, an elite designation awarded by the National Cancer Institute.

However, no price tag is available for the second phase because the planning hasn't gotten that far, says Moffitt Director William Dalton. Yet in briefing Hillsborough commissioners on the center's big dreams, Moffitt outlined the need to also find or compile 150 acres to build the envisioned research park.

Hillsborough Commission Chairman Jim Norman has reasonable concerns about the county taking the bulk of the risk at the same time it's also being asked to conceptually commit to Phase 2. The state and Tampa - but especially the state - should contribute a larger stake, given the potential this investment holds.

Commissioner Mark Sharpe, the commission's point man in luring biotech, says he will not bring the matter before his colleagues until more clarity is available. There also should be ample time for public comment, full disclosure of the expectations and a thorough examination of the roles the city and state should play.

Hillsborough need only look to the south for the financial pitfalls of investing in biotech. Scripps sought another $94 million from Palm Beach County - on top of the $500 million in public incentives it received to come to Florida. In Martin County, the cost of getting into the biotech game is considered so high that some commissioners and residents say it's not worth it.

Hillsborough is right to pursue biotech as a potential source of high-wage jobs and economic growth, but if it's going to be pledging public resources to aid private companies, it cannot expect taxpayers to be a blind or silent partner.

Thumbs down for Carlisle buyout

Winter Park rejects a $5.3M deal and girds for a legal fight.

Christopher Sherman
Sentinel Staff Writer

January 17, 2007

WINTER PARK -- The City Commission late Tuesday shot down a proposed $5.3 million buyout of The Carlisle and dug in for a legal battle after rejecting the project's development plans.

With a court reporter sitting by, attorneys took the spotlight in the yearlong fight over the four-story condominium, retail and post office project planned next to Central Park.

The 4-0 decision for commissioners became a highly technical one about the city's definition of a "significant change" and whether the plans included such changes. Both sides conceded it would have to be decided in court, but they left open the possibility of further discussion once legal maneuvers begin.

After the meeting, Mayor David Strong said the chance for a settlement remains.

"I think we're going to raise some more money and get an agreement," Strong said. "They had to get a vote to protect their legal interest. That doesn't mean it closes the door on a settlement."

The effort had already raised about $1.5 million in pledges and contributions, he had told fellow commissioners.

Earlier in the evening, Strong's proposal to buy out the developers for $5.3 million failed on a 2-2 vote after hours of discussion and pleas from two dozen residents to end the controversy.

Commissioners John Eckbert and Doug Metcalf said they could not support a proposal that could put the city on the hook for millions of dollars if residents failed to raise enough private funds.

The developers immediately asked commissioners to vote on their development plans, what appeared to be a legal formality. But it was apparent that those plans had even less of a chance than the buyout proposal, hatched in private by Strong and the developers.

As both sides girded for battle, the earlier atmosphere of compromise disappeared.

Resident Philip Tiedtke pledged $100,000 from his family's foundation for a legal-defense fund before the city rejected The Carlisle's development plans.

Another resident, Bernie Essex, said the developers could not be trusted.

"These applicants cheated, and cheats should not expect fair play," Essex said. "My plea to Broad Street Partners is take whatever we can come up with and run."

Steve Walsh, one of three principals in Central Park Station Partners, responded to the allegations and said his door would remain open to commissioners while the developers moved ahead.

"No project is worth this community division, but at the same time, you must be fair," Walsh said.

"We've not abused the process, manipulated the process, gone around the process," he said.

The project has polarized the city for more than a year because of its size. It had received all but its final approval from the city and was to be built where the current post office sits on Central Park.

But its reach has stretched far beyond Winter Park.

It was the domino that set in motion the scandal that is now engulfing the Orlando-Orange County Expressway Authority. Notably, former Expressway Authority Chairman Allan Keen is also one of three principal partners on The Carlisle.

It was Strong who ran for mayor on a campaign focused on opposition to The Carlisle. And it was political consultant Doug Guetzloe who sent an anonymous flier attacking Strong.

Guetzloe was convicted on a misdemeanor charge for sending the flier without the required disclaimer. That investigation opened up Guetzloe's financial records showing that the expressway authority had paid Guetzloe $107,500.

Before Tuesday's second vote, resident Marc Hagle urged commissioners to get the lawsuit started so they could begin legally meeting in private.

Hagle, a real-estate developer of Wal-Marts who is familiar with litigation, said a trial should be avoided at any cost.

"Litigation has nothing to do with the truth," he said. "In front of a judge or jury, the outcome is uncertain."

City planning director Jeff Briggs summarized The Carlisle's history and emphasized that plans initially approved by commissioners had changed in significant ways, such as increased height and building area. The city's planning board agreed and rejected those plans Oct. 25 with a 3-0 vote.

"What you actually have is a project larger than what was represented in January 2005," Briggs said. "It is not the same project."

But the developers' attorney, Michael Elsberry, a partner with Lowndes, Drosdick, Doster, Kantor & Reed, disagreed.

"There have been no legally significant changes," he said. "That entitles the developer to approval of these plans."

"It's the equivalent of changing the rules in the middle of the game," Elsberry said.

Elsberry said he will meet with his clients today to decide on their next step.

Christopher Sherman can be reached at csherman@orlandosentinel.com or 407-650-6361.

Charlotte approves rezoning for condos despite residents' opposition

Twice-denied project gets OK

BY ZAC ANDERSON

ENGLEWOOD -- A controversial Grove City condominium project that twice had been rejected for rezoning because of opposition from neighbors finally gained the Charlotte County commission's approval Tuesday.

The change from a zoning designation of mobile homes to medium density multi-family development allows Naples-based developer Lemon Bay Holdings LLC to move forward with plans to build 43 luxury condos on 5.88 acres along Lemon Bay. Neighborhood residents showed up in force to protest the project Tuesday.

Nine residents spoke at the meeting. Many said the condos were not compatible with the modest homes in their neighborhood.

Last summer the neighbors convinced county commissioners to vote down the rezoning request after producing what they said was evidence that wetlands on the property were illegally filled.

The county's Planning and Zoning Commission also voted against the project.

But on Tuesday county planner Jie Shao told commissioners that she disagreed with the planning commission. Shao said the developers had met all the conditions for a rezoning.

The wetlands issue came up again Tuesday during a two-hour quasi-judicial hearing that included included testimony from more than a dozen people.

An attorney for the developer argued that the filling occurred long before her client purchased the property in 2006.

"My client committed no wrongs on this property," said Punta Gorda attorney Geri Waksler.

County commissioners said they were disturbed by the possible destruction of wetlands, but in the end they voted 3 to 2 to approve the project.

"I can't find a legal reason to deny it," said Commissioner Tricia Duffy

Boynton may try to annex Briny

Palm Beach Post Staff Writer

Wednesday, January 17, 2007

GULF STREAM — Developers who have bought the Briny Breezes mobile home park heard Tuesday from concerned neighboring towns - including Boynton Beach, which supplies the park with water and sewer and said it might make annexing the place a condition of continuing that service.

"If we're going to do all that, I'd certainly want to explore the idea of annexation," Mayor Jerry Taylor said after the hourlong meeting. Boynton Beach is separated from Briny Breezes, which already has a municipal government, by the town of Ocean Ridge and the Intracoastal Waterway, But Boynton Beach would become the new community's major shopping destination and Briny residents would go through Boynton Beach to get to U.S. 1 or Interstate 95.

Palm Beach County Commissioner Mary McCarty had called Tuesday's closed meeting at Gulf Stream's town hall. Jean FranÁois Roy, president of Ocean Land Investments, and builder Dan Catalfumo, and their associates, met with representatives of Gulf Stream, Ocean Ridge, Manalapan, South Palm Beach, and Boynton Beach, as well as the South Florida Water Management District and the county's engineering and planning departments.

"Height and density, traffic, and water. Three big issues. They didn't have a lot of answers," McCarty said. "It's so conceptual and preliminary, there's nothing to love and nothing to hate."

Developers did offer some glimpses: Tiered towers would range in height from 12 to 20 stories; the three Toscana towers in Highland Beach are each 18 stories. Employees of the hotel, the marina, the restaurants and the few small shops would be "trolleyed" in; from where, developers didn't know yet. There would be underground parking. And the marina would be redesigned, which means digging in the Intracoastal Waterway.

"They gave us hopes and dreams - I should say their hopes and dreams," Ocean Ridge Mayor Ken Kaleel, who has hinted his town and others might mount a legal challenge, said after the meeting. "We're not going to fall victim to a sales pitch."

William Koch, Gulf Stream's mayor for 40 years, said, "If you let some 18-story buildings come in, how long will it be before you have a canyon of high rises?"

And McCarty said, "These people in these towns are very sophisticated. They have political clout and monetary resources to make sure this resort community is compatible with the area."

Ocean Land Vice President H. Logan Pierson said after the meeting his team didn't underestimate the towns' influence or concerns.

"We have the highest regard for all these folks," he said. "We came out of the meeting encouraged that there seemed to be a willingness to have an open discussion."

Pierson said he heard the Boynton Beach annexation idea for the first time Tuesday and so couldn't comment on it.

Durney Key soon to be Durney Key - officially

John Durney, who preserved the spoils island, is given his due by a national naming board.

CAMILLE C. SPENCER
Published January 17, 2007

For decades, it was a no-name blotch on a map, an isolated island in the Gulf of Mexico.

John Durney, a local businessman and politician, worked to dredge the spoils that created it. And for years, people have called it Durney Key.

But you couldn't find it on a map.

Soon, that will change.

The U.S. Board on Geographic Names voted Thursday to officially name the island Durney Key.

The change ended a long, laborious process to name the island that began more than 30 years ago.

In 1975, Durney's father-in-law, Ernest Oberdorf, wrote to the U.S. Board on Geographic Names to officially name the island Durney Key.

But the federal agency in charge of officially naming landmarks had a rule: People must be dead one year before something is named after them. In 1995, the rule changed to five years.

Meanwhile, Durney Key went unnoticed.

After Durney died in 2001 in a Schroon Lake, N.Y., motorcycle accident, his stepson, Tim Gamble, wrote the board in 2006.

Gamble's request, combined with letters from local officials supporting the naming of the island after the former Port Richey and New Port Richey mayor, prompted the board to vote in favor of naming Durney Key and recognizing it on maps.

Port Richey Mayor Mark Abbott, New Port Richey Mayor Dan Tipton and Pasco County Administrator John Gallagher sent letters to the board supporting the move. Resolutions in support of the name also were passed by both cities and the county.

"It all adds up to evidence of local support," said Jennifer Runyon, senior researcher at the board's headquarters in Reston, Va.

Paperwork will be sent to Gamble, the Florida Department of Transportation and mapping centers in the next two weeks to officially name the island.

Although the island never had an official name, locals knew it as Durney Key. Friends of Durney, who was also a poet, held a dedication ceremony on Sept. 1, 1975, and put up a wooden sign marking the island.

Weather took a toll on that sign and others. So on April 6, 2003, Durney's friends dedicated an 8-foot steel sign that stands today. It reads: "Durney Key. State of Florida. Property of its people. Protect our birds."

Gamble remembers planting trees with his stepfather to keep the island from eroding, and is grateful for the community support.

"I figured the more we did, the better," Gamble said. "The next time they do a map, it will be there."

Camille C. Spencer can be reached at cspencer@sptimes.com or 727 869-6229

Walk-in-Water-Exploring the Creek by Canoe

tom.palmer@theledger.com

There's something about paddling a creek for the first time.

You know nothing. You're prepared to experience anything.

That's the way it was for me when I set out to explore the section of Walk-in-Water north of State Road 60. Now that the Polk County Environmental Lands Program is planning to buy a good bit of the land in the creek's floodplain and beyond, I decided it was worth a visit.

The creek curves in the typical corkscrew pattern of many creeks on a 5.2-mile course from Lake Walk-in-Water to Lake Rosalie east of Lake Wales.

For the moment, there are no public canoe launching areas on the creek, so you have to come in from the ramps at the lakes.

I chose the county ramp on the south end of Lake Rosalie about a mile from where the creek empties into the lake.

The mouth of the creek is near a wide, shallow cove that you could mistake for the mouth except for absence of any obvious channel.

Cow lilies form a sort of boundary. Behind them are shrubs and behind that are trees, mostly maples and gums.

They don't have much foliage in early winter, so your only canopy is the sky.

Because it's winter, butterflies are as sparse as the blossoms; dragonflies are scarce as mosquitoes.

It was quiet at this end of the creek the day I was there. I was too far from State Road 60 to hear traffic. The only man-made sound is the occasional airplane flying overhead or a distant bass boat.

Around the first bend, I spotted what looked like a local recreation spot. There was a swing hanging over the water to take advantage of the oak that was growing at somewhat less than a 45-degree angle to the ground, rather than the normal 90 degrees.

Beer bottles were strewn around nearby.

Once I was around another bend, there was nothing but natural scenery.

The water in the creek is low as it is everywhere else in Central Florida at the moment.

If it had been much lower, I probably would have been forced to portage or pull, as I did on the Peace River a month ago. But my luck held and the only tight spot was picking my way under a fallen maple tree.

It had obviously been wetter in the recent past.

There are cattails growing on the shore among the trees.

The underbrush of cattails, ferns and some shrubs is green in contrast to the trees that are either bare or just beginning to leaf out.

My intrusion disturbed a succession of wild creatures.

I saw turtles that moments before were quietly basking in the warm winter sun suddenly having to scramble clumsily from some raised tree roots and disappear in a cloud of silt into the water, where they are more agile in evading perceived threats.

Alligators head for the water while I'm still more than 100 feet away, except for one medium-sized bull.

He moved slowly into the water, paused and watched me as if to say, "Yeah, I'm moving, but I don't know why, because I'm big enough to take you."

I played along and paused until he submerged.

Upstream, I see another ripple that doesn't look like an alligator.

An otter suddenly surfaces, reaches shore and disappears.

Next it's a pair of wood ducks' turn to flee on rapid wingbeats and high-pitched call.

I encounter wood ducks three more times on my journey, concluding it's probably the same pair.

Above me, the mood of the avian population is different.

A bald eagle circles lazily overhead at treetop level.

Above the eagle, a turkey vulture glides on the thermals.

Higher still, a red-shoulder hawk floats for a moment, relatively motionless.

Then there's an unexpected sound.

For some reason, a barred owl decides to call just after midday from somewhere in the floodplain forest. I guess he couldn't wait until evening to say what was on his mind.

In between alligators, otters and eagles, I watch the creek.

The water's relatively clear with the typical tannin color, but clear enough to show that the bottom in this creek is still mostly sand. Enough light is getting through so eel grass will grow, something I don't see in every stream I visit.

I'll return in summer when the flowers are blooming, the water's higher and bird songs fill the air.

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

Sinkhole plan 'done deal'

Two Pasco legislators look to trade optional sinkhole coverage for lower insurance rates.

DAVID DeCAMP
Published January 17, 2007

TALLAHASSEE - A proposal to make sinkhole coverage optional in return for a big cut in rates for homeowners insurance has been added to a proposed Florida Senate bill, making two Pasco County lawmakers optimistic it will become law.

"It's a done deal," state Sen. Mike Fasano, R-New Port Richey said Tuesday. He is pushing the plan with state Rep. John Legg, R-Port Richey.

The proposal limits mandatory coverage to catastrophic collapses that leave homes uninhabitable. More comprehensive coverage, now standard with most policies, would be available as an option with a deductible.

A draft house bill contains the Fasano-Legg proposal, but the original Senate version had different requirements. That caused officials in Pasco and Hernando county to worry last week that rate-increasing sinkhole claims would not be curbed enough. With leaders in both houses now backing the change, its chances seem strong of being passed during this week's special session.

Insurers blame sinkhole claims for driving up rates in Pasco, Hernando and northern Pinellas counties where most claims originate. Hundreds of claims come from residents of these areas, but few if any involve homes actually collapsing.

Pasco officials met with Lt. Gov. Jeff Kottkamp on Tuesday afternoon to seek support of the sinkhole option, among other items.

"I know your problems are unique when it comes to sinkholes," Kottkamp said.

Dropping sinkhole coverage for all but catastrophic claims could cut rates up to 58 percent in areas of western Pasco, according to a proposal by state-run Citizens Property Insurance Corp., Pasco's largest insurer.

However, some local officials and activists worry about a provision in the House bill but not the Senate's that says a house must collapse within seven days of a sinkhole opening to be covered under standard policies. For instance, what happens to a homeowner whose house collapses over eight or more days?

Ginny Stevans, president of Pasco-based Having Affordable Coverage, said the law should allow collapse coverage "if you have an uninhabitable house - period." But the group does agree with allowing customers to have more insurance options, she said.

The seven-day provision in the House bill is "a sticking point but it's not something that's going to kill the bill," said Legg, who said the seven-day limit made some lawmakers more comfortable about the standard.

David DeCamp can be reached at (727) 869-6232 or ddecamp@sptimes.com.

They're all fired up to do ... something

By HOWARD TROXLER, Times Columnist
Published January 17, 2007

TALLAHASSEE - This is weird. For once, there are more citizens than lobbyists around the Capitol in this week's special session of our Legislature.

The Legislature is all fired up to do something about Florida's hurricane insurance mess, even if the insurance companies don't like it.

The insurance lobbyists, as a result, seem shell-shocked. They hang around committee meetings listlessly.

Occasionally one of them stands up to protest weakly into the microphone. He is treated by the lawmakers with all the patience and deference the Legislature usually reserves for bleeding-heart liberals and the Save the Cute Little Puppies Club, meaning, not so much.

So, yeah, the Florida Legislature is in full-scale action mode, which is a little scary.

Sorry to sound like a sourpuss or to look a gift horse in the mouth. But if the only thing the Legislature does in its special session this week is roll back the rates of Citizens' Property Insurance, then this week will be a failure.

Oh, sure, if you're a customer of Citizens, like me, then a repeal of that 25 percent rate hike that took effect on Jan. 1 would be nice. Also nice would be repealing the law that requires an additional 55 percent Citizens rate hike later this spring.

But those things by themselves aren't enough. They don't solve anything.

And then, on Jan. 1, 2008, Citizens would have to turn around and jack up rates again.

So, what else to do?

Here is the biggest idea being kicked around in Tallahassee this week:

Let's put ourselves on the hook, and promise to use tax dollars to cover storm damage above a certain level.

Tax dollars! This would be a huuuuge philosophical shift.

Let's say we had a big, Katrina-sized hurricane. First, the private insurers would cover it up to a point (right now, that point is $6-billion).

Next, the state's "cat fund" for catastrophic coverage kicks in, with the private companies still making a co-payment along the way. Let's say that gets us up to covering, heck, $23-billion or so.

But if the total damage from a single storm were even bigger, we would promise to make up the difference out of future state tax revenue. The overall limit would be something like, say, $40-billion or $45-billion, or roughly Katrina-size.

Good things about this idea:

Right away, private insurance companies would be off the hook for much of their current risk. They would be required to reduce their rates.

We taxpayers wouldn't have to pay anything up front, either.

Bad things about this idea:

We're writing a blank check against the future. And we're shifting the burden from property owners to taxpayers in general. Even poor folks buying shoes for their kids would be subsidizing storm damage.

Like I said, that's the biggest idea. The Senate likes it, but the House is skeptical. It's an open question whether it will pass.

Otherwise, there's a hodgepodge of stuff getting kicked around. Nobody knows exactly how much good any of it will do.

The House agrees with Gov. Charlie Crist: Let's make it illegal for the big insurers to create new Florida-only subsidiaries.

And if those big guys are selling homeowners insurance in other states, but giving Florida the shaft, then let's crack down on their ability to sell auto insurance here.

There's a bunch more stuff. But the one overarching truth is that just ordering Citizens to reduce its rates doesn't address the underlying causes of Florida's problem. It will take something more than that for the governor and Legislature to claim victory this week.

Proposals include deals for industry

Sinkhole coverage may be cut drastically

BY PAIGE ST. JOHN
FLORIDA TODAY

TALLAHASSEE - Amid all of the get-tough proposals lawmakers are pushing for insurance companies, this week's special session includes "plums" for the industry.

There's talk of increased protection from paying hurricane losses, as well as a gutting of sinkhole coverage and protections for surplus-line insurers that cover second homes at unregulated prices.

"There are some things in there, but you're getting into the weeds," said House Democratic Leader Dan Gelber, D-Miami Beach. "The difference is this year there are very small plums hidden in a bill that, by and large, is a consumer-friendly bill.

"In previous occasions, it has been the reverse, where you have insurance industry plums where you have to hide in consumer-protection measures," Gelber said.

Insurance lobbyists disagree that the industry stands to gain from anything offered in the special session on insurance.

"Name one thing good for the industry," said Gerald Wester, a former insurance regulator who now lobbies on behalf of insurance companies.

Bills in both the House and Senate would limit standard homeowners' policy protection to only the most catastrophic sinkhole collapses, requiring homes to be declared uninhabitable or the subterranean collapse to be visible from above ground before consumers could collect damages.

Homeowners who want protection for less-disastrous settling would have to pay more.

"I see it as for the consumer, they will have a choice," said Sen. Mike Fasano, the New Port Richey Republican who is behind the clause.

Fasano said the fear of costly litigation over minor sinkhole settlement cases has driven insurers from homeowners' markets in Paso, Pinellas and Hernando counties, landing those consumers in the state-run Citizens Property Insurance.

Faced with sinkhole claims that ballooned from $160,000 in 2002 to $42 million in 2005, Citizens has sought regulatory approval to exclude sinkhole coverage. It is only fair to allow private insurers to do the same, Fasano said.

In return, private insurers will be required to lower rates, he said.

It would make sinkhole insurance in Florida a "cruel hoax," said Reggie Garcia, representing trial lawyers. "In our judgment, there will be virtually no claims paid by this provision."

In addition, the Florida subsidiaries of existing national insurers such as Allstate and State Farm are exempted from proposals to require such subsidiaries to invest more money in their state spin-offs, giving those companies a competitive advantage over newcomers to the Florida market.

In the House, a special $7 million state loan is set aside for any new mobile home insurer able to match that amount. The Florida Manufactured Housing Association seeks to start such a company. Existing mobile home insurers or other property insurance companies applying for the loans must put up at least $25 million of their own money to qualify.

Both the House and Senate leave in place a provision of last year's legislation that in three months will force all second-home owners out of the state-run Citizens Property Insurance and not allow them back unless they are rejected by surplus-lines insurers at any price quote.

If second-home owners do get back in the state insurer of last resort, they face steep penalties -- extra charges of up to one third of their annual premiums -- if Citizens runs a deficit.

Contact St. John at 850-222-8384 or stjohn@nettally.com.

County Commissioner Wants Ethics Reform

Published: Jan 17, 2007

TAMPA - Gift bans and other ethics reforms didn't gain much support from Hillsborough's Republican-dominated county commission when proposed by former Democratic board member Kathy Castor.

Now freshman GOP Commissioner Al Higginbotham says he's putting ethics reform back on the agenda.

"I don't look at it as a partisan issue," Higginbotham said. "It comes down to the perception that elected officials get something that everyday citizens don't get."

At Thursday's commission meeting, he plans to ask commissioners to accept a total gift ban, whether coffee mugs or T-shirts from school groups and civic organizations or tickets to sporting events and free or reduced parking fees.

Commissioners are required to report any gifts valued at $100 or more and are prohibited from accepting any gifts of $100 or more from registered lobbyists, said county Managing Attorney Mary Helen Farris.

In addition, lobbyists are required to file a report any time they spend $100 or more on county officials.

Higginbotham said he also wants the gift ban to apply to department heads and other top county administrators.

Higginbotham, former chairman of the county's Republican Executive Committee, said he hasn't observed any ethics lapses since November, when he won his first election.

"I've seen nothing here that's drawn a red flag," he said Tuesday in his second-floor office at the Fred B. Karl County Center. "But the public has generally been distrustful of elected officials."

As one of two Democrats on the seven-member board of commissioners, Castor had mixed results in her attempts to get the board to accept ethics reforms.

In 2005, the board agreed to more public disclosure of its travel plans and expenditures. In January 2006, commissioners gave preliminary approval to a gift ban.

The gift ban was sidetracked by a proposed $625-a-month stipend for attending community events, which also died.

In November, Castor was elected to Congress, where she has been active in the new Democratic majority's efforts at ethics reform.

Higginbotham said he wants the county to abide by the same rules as state lawmakers.

"I have no idea how this will be received," he said. "It's worked for the Legislature. I don't see why it wouldn't work for us."

Reporter Mark Holan can be reached at (813) 259-7691.

State Road 54 plan aims to ease traffic near mall

Cypress Creek Town Center's developer is designing projects for CR 54 and SR 54.

CHUIN-WEI YAP
Published January 17, 2007

LAND O'LAKES - This fall, central Pasco can expect to see work started on two major projects on the State Road 54 corridor.

The developers of the proposed Cypress Creek Town Center mall are paying $6-million to extend County Road 54 south toward County Line Road, said Tom Schmitz, vice president of the Richard E. Jacobs Group, the mall's developer.

The new road, barely a mile long, will accompany the much-touted $17-million widening of SR 54 between U.S. 41 and Interstate 75, which will bring it from four to six lanes.

"We are designing both of these projects," Schmitz said. "We aim to complete planning by June or July, and ... begin moving dirt and site work in July or August."

Of the two projects, SR 54's widening has attracted more attention because it is expected to relieve bottlenecks on one of the last remaining four-lane stretches on the county's busiest east-west artery.

But residents on that 41/2-mile drag also have voiced fears that the widening would make it tougher to get in and out of their subdivisions.

The new extension of County Road 54 to County Line Road might also bring the same division of cheer to motorists and woe to residents.

The project will open with five lanes at SR 54, run south through the mall's property and narrow to two lanes as it cuts through the King ranch before it hits County Line Road.

Drivers would find bliss in another shortcut to and from New Tampa and the Meadow Pointe development.

But neighbors had protested - without success - a similar proposed shortcut at Northwood Palms Boulevard, which would connect County Line Road to SR 56.

Naysayers warned it would create a "Daytona 500" of drivers jamming the new road to bypass congestion on Bruce B. Downs Boulevard and I-75.

In any case, the two projects hang on the mall developer securing environmental permits from the Southwest Florida Water Management District and the Army Corps of Engineers.

The mall's developer and Swiftmud are facing a lawsuit from environmentalists who charge that the regulator hasn't done enough to protect wetlands in the development.

The lawsuit will be heard in March, but appeals might follow.

"We're very confident it's going to resolved in our favor," Schmitz said.

The Jacobs Group is proposing a fall 2008 opening for the mall, which is also when it expects to complete the road improvements.

But if the mall project falls through, Pasco might have to figure out another way to pay for these improvements, both of which are in their long-range plans.

"If there's no (mall) development, the mitigation is not necessary," said Tracy Daily, a planner for engineering firm WilsonMiller who is working with the Jacobs Group on the proposed roads.

WilsonMiller also is working with the state Transportation Department on neighbors' concerns, and the state is expected to take another month before signing off on the SR 54 widening, Daily said.

Chuin-Wei Yap covers growth and development. He can be reached at (813) 909-4613 or cyap@sptimes.com.

Seven Oaks Commits To Widen Bruce B. Downs In Autumn

By KEVIN WIATROWSKI The Tampa Tribune

Published: Jan 17, 2007

WESLEY CHAPEL - The developer of Seven Oaks expects to begin widening Bruce B. Downs Boulevard this fall.

"I know everyone's anxious to have that road done," said Craig Weber, general manager for Seven Oaks developer Crown Communities. "Nobody's more anxious than me."

Seven Oaks is committed to widening Bruce B. Downs as part of its development deal with Pasco County. That work was supposed to have started in 2005 but never got off the ground.

County officials shut down new development at Seven Oaks in the summer after the development fell behind on its pledge to widen Bruce B. Downs Boulevard to six lanes between County Line Road and State Road 54.

At the time, the developer had one month left on its 18-month construction schedule and had nothing to show for it.

Since then, Seven Oaks has secured a $34 million line of credit to cover the construction costs. That is almost six times the original price tag for the project.

Last month, Seven Oaks and Wiregrass Ranch, its neighbor across Bruce B. Downs, agreed to share the drainage for the widening, Weber said.

Bruce B. Downs, formerly the "Road to Nowhere," now carries more than 15,000 cars a day, Department of Transportation traffic counts just north of State Road 56 show.

With thousands of new homes and a hospital proposed for Wiregrass Ranch and new retail developments planned for Seven Oaks, DOT traffic projections show sharp increases in the coming years.

Wiregrass developers also are eager to see work begin on Bruce B. Downs. The 5,100-acre ranch has been plagued by concerns that it will overwhelm Bruce B. Downs and other regional highways as it develops. Those concerns have hamstrung the project for months.

During a hearing last week, Wiregrass attorney Joel Tew offered to do the work on Bruce B. Downs if Seven Oaks can't get it done.

"If Crown doesn't get going on Bruce B. Downs, we'll step up and do it as a pipeline project, and you give us the money they owe you," Tew said.

Seven Oaks has submitted designs for a widened road to the DOT for review. It's also waiting to hear back from the U.S. Army Corps of Engineers, which must approve any wetland-filling on the project.

Beyond the $34 million for Bruce B. Downs, Seven Oaks still owes the DOT $6 million for unspecified projects along Bruce B. Downs. Weber said he hopes the DOT will let that money go toward the widening work.

"I'd prefer to use that money for the road," Weber said.

DOT officials say the money Seven Oaks owes them is supposed to offset the development's effect on Interstate 75.

To put that money toward Bruce B. Downs, Seven Oaks must show how that work will reduce congestion on the interstate, said Bob Clifford, the DOT's Tampa-based planning director.

"That will be difficult for them to do," Clifford said.

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

Residents concerned about 31st Street
Officials holding meeting to discuss design, address concerns of locals.


OCALA - Kellie Murphy lives on the south side of Southeast 31st Street in the Cedar Hills II subdivision. She is going to lose her house when the road is widened to four lanes from Southeast 19th Avenue to Southeast 36th Avenue with an extension to State Road 464, also known as Maricamp Road.

"You want a fair deal," said Murphy. She and her husband have had discussions with Marion County officials about the value of their home and the adjoining vacant lot that they own on the two-lane road. So far, the Murphys are not pleased with what is being offered for the modest ranch home they share with their two children and dogs.

Murphy said she knows she is going to have to move but she has concerns about being able to get a mortgage on a new home. She also is concerned that she will lose the "Save Our Homes" 3-percent cap on property taxes that she has on her current home.

Most of all, she hopes she can find an affordable home in the same area so she can keep her daughter, Kaitlynn, 7, in South Ocala Elementary, where Murphy also went to school.

"I do love this side of town," Murphy said. "But it's definitely grown."

She is trying to look at the bright side. She said the traffic on the two-lane road is heavy and the cars go very fast, a concern for a mother of two children. She plans to get an independent appraisal. She also plans to attend a public informational meeting Thursday evening.

The meeting will run from 5-7 p.m. at Grace Presbyterian Church, 2255 S.E. 38th St., Ocala. There will be a brief presentation at 5:30 p.m. County staff members and the design consultant will be available for questions.

The road widening is the last leg in a joint city of Ocala and Marion County project that has been controversial since 1991, when residents of subdivisions along Southeast 31st Street first objected to the proposed east-west corridor that is designed to take traffic off heavily-traveled 17th Street.

The city completed the first portion, two lanes with a median that can be expanded to four lanes, from Southeast 19th Avenue to U.S. 441 (Pine Avenue), including a bridge over the CSX railroad tracks.

The county is near completion on the western portion of the roadway, a four-lane divided road, from U.S. 441 to Southwest 27th Avenue, also known as Shady Road. That portion is expected to open fully in early March, County Engineer Mounir Bouyounes said.

According to Nancy Swanger, the county's project manager for the final section, the right-of-way acquisition is expected to cost $9 million, construction $9 million and design slightly more than $1 million for the 2.5 mile project.

"We have already bought some lots and houses," Bouyounes said. "We have been in contact with almost everybody that will be impacted by this taking."

Residents in subdivisions along the last section have mixed feelings about the project.

"Obviously, I am not happy about it," said Larry Martin, who lives in the Avondale subdivision. "It will make it a much busier street than it is now."

Delores Beynon, who lives in Citrus Park, is happy with the project.

"It's going to be good for people coming from the east on Maricamp to take over to the mall," Beynon said. "Ocala is growing so fast. We have such traffic problems. If it helps that in any way, I am for it."

But she did feel badly for the people who live right along the roadway.

"They might find it harder to get in and out of their driveways," Beynon said.

Ualthan Bigby, who works in the county's Information Technology Department, knew when he bought his home in the Quail Hollow subdivision eight years ago that Southeast 31st Street likely would be widened to four lanes.

"I am OK with it, especially since they have not asked me to sell this property," Bigby said about his house on the north side of the road. "It's left to see how the construction activities are going to affect us. I anticipate we will have a lot of dust and noise."

He hopes the wall separating the subdivision from the roadway will muffle the traffic noise.

"I guess when you live in a growing community that's a part of the reality," Bigby said. "I can console myself that it will be easier to get to the mall, eventually."

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

St. Joe Co. terminates about 50
Reorganization hits employees in Tallahassee

The St. Joe Co. called it reorganization, but to about 50 Tallahassee employees, it felt like being fired when the office was closed abruptly around mid-day Tuesday.

“A very talented group of people were let go today by a good company,” said Erin Ennis, who until Tuesday was a St. Joe Co. vice president in Tallahassee.

Even though the reorganization process began in August, local employees were unaware of the terminations until Tuesday's announcement.

Company spokesman Jerry Ray said the staff reductions were “the end of a long road of reorganization” for his company and “absolutely the last” job losses remaining in the company. Ray's office is at the company's headquarters in Jacksonville.

St. Joe Co. projects involving thousands of acres in Northwest Florida have attracted some of the area's most visible business leaders. In addition to Ennis, a former board chair of the Greater Tallahassee Chamber of Commerce, Will Butler, formerly an international engineering executive and Tallahassee real-estate developer, signed on. Butler also became a St. Joe vice president. Both lost those jobs.

They were recruited by Everitt Drew, also a former chamber board chairman and a partner in SouthGroup, a real-estate practice specializing in commercial property. Drew resigned last week and did not return calls from the Tallahassee Democrat on Tuesday.

The company's official filing of the reorganization with the Securities and Exchange Commission Tuesday reported a 5-percent work-force reduction. That would equate to a total reduction of about 60 employees, based on a company profile completed by the Hoover's stock-analysis firm.

Ray would confirm neither the number nor location of the jobs eliminated.

Company has major local projects

For decades, the company and its predecessor, St. Joe Paper, have been highly visible. The company is developing the 3,300-acre SouthWood mixed-use community in southeast Tallahassee and a number of projects throughout the area, notably in Franklin County.

The terminations will have some impact on different aspects of the company's operations in Tallahassee, Ray said, but would not elaborate.

“Five months ago, St. Joe Co. began an important reorganization of our company to create a strong foundation for the next 10 years of value creation,” company CEO Peter S. Rummell said in a prepared statement.

Ray said the reorganization changes company managers from leading offices designed to support particular products or sales efforts to placing all projects in an area under central management.

The St. Joe Land Co., of which Drew was president and Ennis and Butler vice presidents, was originally formed to sell land deemed unsuitable for its developments. Instead, Drew's team changed the business model and vision, beginning to develop larger-acreage home sites. The strategic change gave rise to Rummell's announcement almost two years ago that the company was altering its course to pursue a “new ruralism,” a series of planned developments based on The St. Joe Land Co. model.

Mayor hopes firm can fill local housing need

Taking the helm of Tallahassee operations as vice president and general manager of the company's new Capital Region is Des O'Neill. Rummell said O'Neill will lead business activity in the Tallahassee area, including SouthWood.

“This is an environmentally and culturally great company,” Tallahassee Mayor John Marks said when told of the news by the Democrat. “We want them to stay here and thrive.”

“I think they overbuilt,” he said, referring to the SouthWood development. “If there is any way St. Joe can help us meet our work-force housing needs, we want to encourage that. Whether this fits with their plan, I don't know, but their major development at SouthWood is where thousands of state employees work.”

News of the reorganization plan's finalization did not affect company stock prices before markets closed in New York on Tuesday. St. Joe Co. stock, listed as JOE, opened at $56.09 and closed at $57.19.

Water-pump ruling leaves state in limbo

Requiring permits to move polluted water could halt Everglades restoration, critics say.

Brian Skoloff
the Associated Press

January 15, 2007

WEST PALM BEACH -- If not for the pumps, canals and dikes that dissect South Florida, much of the region would be under several feet of water part of the year.

Towns along the south rim of Lake Okeechobee would be inundated during downpours. To prevent such catastrophes on the northern edge of the Everglades, state water managers move water back and forth through channels in and out of the lake and have done so for decades.

But a federal judge's ruling in Florida that the U.S. Clean Water Act requires the state to obtain permits before pumping contaminated water from farmland and urban runoff into Lake Okeechobee has put state flood-control operations -- and similar programs across the country -- in limbo. It could affect a multibillion federal and state effort to restore the Everglades, critics say.

The U.S. Environmental Protection Agency now says it may seek an amendment to the act, arguing that the Florida ruling and others have created confusion about when and where permits are required. Some judges are interpreting the law in a manner Congress never intended, EPA contends.

"In the last several years, courts have offered very different and conflicting interpretations of the Clean Water Act, and we think it's important to add certainty and clarity," said Benjamin Grumbles, EPA's assistant administrator for water.

The EPA's latest push for Clean Water Act clarification came after the December court ruling over Lake Okeechobee, the second-largest freshwater lake in the contiguous U.S.

Several groups, including the Miccosukee Tribe of Indians, which considers the lake and the Everglades part of its ancestral home, sued the South Florida Water Management District, claiming that back-pumping of polluted water into the lake was putting the entire restoration project in jeopardy.

U.S. District Judge Cecilia M. Altonaga's decision concluded a yearlong trial and threatens a rule proposed by the EPA in June that would allow state water managers nationwide to skip having to obtain permits when transferring water, no matter how polluted it is. Permits would still be required if the transfer process might introduce additional pollutants.

If Altonaga's ruling stands, and the EPA still pushes through its rule, flood-control projects across the country could be put on hold or face suits from environmentalists.

"The national implications of this case are very significant and important for water quality nationwide," said Joan Mulhern, counsel for the nonprofit Earthjustice law firm, which represented parties suing Florida water managers.

The act requires a permit for "the construction or operation of facilities, which may result in any discharge into . . . navigable waters." But it also gives some leeway to states to approve projects without permits.

Water managers say the method is crucial to keep cities from being inundated and that a lengthy permitting process would slow Everglades-restoration efforts and could halt development in places.

At issue is whether permits are needed to simply move the water. Carol Wehle, executive director of the South Florida Water Management District, contends Congress never intended for the Clean Water Act to cover such movements, but rather govern pollutants coming from industrial sources.

"Our contention is we shouldn't have to get a water-quality permit because the source of the pollution is not the district," Wehle said. If permits were required, Wehle predicted "our entire flood-control system would shut down."

Even Judge Altonaga acknowledged in her ruling there was no quick fix to the decades-old practice.

Robert Coker, vice president of U.S. Sugar Corp., which farms near Lake Okeechobee and was a party in the lawsuit, predicted "utter chaos across the country" if the judge's ruling stands.

What fate awaits wild areas: paved or saved?

Counties are bidding to save land, but growth has made it a tough race for the top price.

Etan Horowitz and Steven D. Barnes
Sentinel Staff Writers

January 15, 2007

Anyone who has lived in Central Florida very long has had the experience: You're driving along a familiar road when all of a sudden you see something that wasn't there last time.

Like workers putting in a subdivision. Or a strip mall.

And what you don't see anymore are the trees and brush that once provided habitat for critters, scenery for commuters and potential for parks, trails and other forms of recreation for everyone.

County governments are trying to save thousands of environmentally sensitive acres from an asphalt future by buying key parcels, but skyrocketing land costs are pushing many properties out of reach.

Preserving land in Orange, Brevard and Seminole counties has become so difficult that officials are leery of revealing which properties they have their eyes on. They're worried that if their wish list gets out, it will drive prices even higher.

Sometimes, the slow-moving nature of government can seal a property's fate. And unlike the land speculators and developers cashing in on growth, counties are often bound by appraisals that are well below the asking price.

"Land is worth what somebody else is willing to pay for it," said Glenn Storch, a prominent Daytona Beach land-use attorney.

Volusia County has preserved the most land locally: 26,637 acres since its land-buying program began in 2001. But with land values escalating during the past few years, officials have had some properties slip through their fingers. For instance, Volusia was eyeing a 4,700-acre property near Lake Helen that a group of investors bought in May 2005 for $13 million. About a month later, the county had the property appraised and offered the owners $16 million.

"They wanted $46 million, and we said no," said Rob Walsh, program manager of Volusia Forever, the county's land-buying program. "Their asking price is out of this world."

J. Christy Wilson, an Orlando attorney representing the owners, said they had the land appraised at $53 million. He said the owners have not decided what to do, but developing the land is a possibility.

Lake County missed out on a 30-acre property along Dora Canal in Tavares because negotiations with the landowner broke off. The county had the property appraised at $391,000 but only offered the owners $300,000.

"If they would have offered us the appraised value, we probably would have sold it to them and everybody would have been happy," said Jim Ellrodt, one of the property's co-owners.

Now the property is listed at $800,000, and Ellrodt is looking to develop the portion that fronts U.S. Highway 19.

David Hansen, Lake's public-lands manager, said the offer was fair and the county might have gone higher if the owners had made a counteroffer, but none ever came.

In Seminole, land preservation was dealt a blow after voters in November defeated a referendum for a 20-cent increase in property taxes for every $1,000 of property value for the next 10 years. The new tax would have generated $70 million that would have paid to add about 4,000 acres to the county's Natural Lands program as well as complete about 70 miles of wilderness trails.

"It couldn't be any worse," said Michelle Thatcher, chairwoman of Friends of Natural Lands and Trails. The county has about $1.5 million left from the last referendum and expects to receive an additional $1.4 million from the state. But most of that money -- about $2.1 million -- is earmarked for improvements at existing properties, leaving very little for new acquisitions. "Every day that we don't have money to buy land is going to be a burden on the taxpayers of the future."

Bob Guido, a senior project manager at the Trust for Public Land, a nonprofit land-preservation group, said there are things governments can do to make acquiring land easier. His organization speeds up acquisitions by purchasing a property and holding it while a local government lines up funding. This prevents the property's value from escalating.

To make costs more manageable, counties can partner with the state and other government entities such as water-management districts, which have their own land-buying programs. Another strategy is to allow a landowner to develop part of a property at a higher density in exchange for preserving the rest of it.

Some county officials think the slowdown in the region's housing market could help them buy more land by spurring landowners to lower their asking prices.

"When the market was very hot and a developer could come in and offer above an appraisal price, we couldn't compete," said Randy Matthews, Osceola's environmental-lands coordinator. "But the developers are not banging down the doors anymore."

Etan Horowitz can be reached at ehorowitz@orlandosentinel.com or 386-851-7915. Steven D. Barnes can be reached at 386-851-7911 or sbarnes@orlandosentinel.com.

Channels For Change

By MIKE SALINERO The Tampa Tribune

Published: Jan 14, 2007

The Hillsborough River is sick.

Sparkling waters that dazzled early explorers are now fouled by oxygen-destroying nutrients and harmful bacteria. Described by a 19th-century traveler as "fresh down to its mouth," the lower river is now salty much of the year.

Restoring the river will require tough choices, some of which will be made this year. In the next few months, state water authorities will try to address the lack of fresh water flow into the lower 10 miles of the river. This summer, the state will roll out the first of several river cleanup initiatives.

These actions are aimed at restoring healthy habitat for fish and other marine life in a river suffering the ravages of urbanization.

A healthy river will also present a picturesque setting for Tampa's multimillion-dollar Riverwalk, a 2 1/2 -mile pedestrian walkway from Tampa Heights to Channelside. Scheduled for completion in 2010, the Riverwalk will unite restaurants and other commercial ventures with public projects such as the new art museum.

"We're really blessed to have this jewel of a river running through the city," said Lee Hoffman, who heads Tampa's Riverwalk effort. "It's really something we haven't taken advantage of. It's time to do that."

But the river is about more than prosperity. For many Hillsborough County residents and visitors, it offers a sliver of serenity in a chaotic world.

"It's very important to me and to my life," said Shelton Harrison Sr., who fishes the river near downtown at least once a week. "It's somewhere to go as far as being peaceful."

Make no mistake: The river isn't dead, not even terminal. Anglers still snag snook, redfish and speckled trout below the dam at Rowlett Park. Manatees still flock to the warming waters of Sulphur Springs.

In some respects, the river's water quality has improved in the past quarter-century, thanks mainly to construction of advanced sewer treatment plants in Hillsborough County and at Hooker's Point in Tampa. No longer does excrement float upriver with incoming tides.

Yet much remains to be done. State and federal environmental agencies have designated the lower 10 miles of the river "impaired" because it doesn't meet water-quality standards.

The amount of oxygen dissolved in the water, necessary for fish and other creatures to breathe, is too low. Levels of fecal bacteria and nutrients, such as phosphorus and nitrogen, are too high. Tributaries to the river's upper 44 miles also fall short of state water-quality standards.

It has been 182 years since the Army built a frontier outpost on the Hillsborough River called Fort Brooke. Since then, the river and the city's fate and fortune have been inextricably intertwined.

Now the river and city are entering a critical phase.

'Minimum Flow' Sought For Dam

It took decades for the river to reach its present infirmity.

As Hillsborough County's population grew from 490,000 residents in 1970 to more than 1 million now, pavement and rooftops replaced pastures and orange groves. The land lost much of its absorptive and filtering capacity. Pollutants, including fertilizers and herbicides from new lawns, now rush largely unfettered into the river and its tributaries.

As Tampa's population has grown, more water has been drawn from the reservoir formed where the river pools behind the dam 10 miles upriver from Tampa Bay. Several dams have blocked the river here since the 1890s, first for hydroelectric power, then to supply most of Tampa's drinking water.

Before 1970, it was a rare day when no water flowed over the dam. Since then, no-flow days have averaged about 140 a year.

During those low-flow periods, saltwater from Tampa Bay moves upriver to the dam. Many tiny mollusks that live in the river mud and provide food for fish can't tolerate the high salinity. Some juvenile fish that need mostly fresh water during their early life spans avoid the river or die.

"The nursery doesn't produce fish and other critters like it should," said Phil Compton, a spokesman for Friends of the River, an environmental group. "The good news is we know exactly what we need to do to bring it back."

Compton's group is pushing the state for a guaranteed "minimum flow" of fresh water over the dam to the lower river. Scientists with the Tampa Bay Estuary Program, a nonprofit agency dedicated to restoring Tampa Bay, say more fresh water is necessary to re-create an ecology that benefits the Bay as well as the river.

"These unions of sea and stream are among the most fertile junctions on Earth," the agency says on its Web site.

The fight over a required minimum flow promises to be contentious.

Scientists at the Southwest Florida Water Management District recently released a draft report recommending to the district board that a continuous flow of at least 20 cubic feet per second, or 13 million gallons a day, be released over the dam. The city of Tampa, which has resisted giving up any water from its reservoir for a minimum flow, only recently agreed to the 13 million gallons per day minimum.

Other groups, including the Hillsborough County Environmental Protection Commission, say 13 million gallons per day is not enough to restore a fresh water zone for miles below the dam or to improve low levels of oxygen in that zone.

The final decision will be made by the water district's governing board in the spring.

"It really comes down to what you want the river to look like in the future," said Ed Sherwood, a biologist with the county. "Do you want the river to look like an enclosed lagoon or a fully functioning tidal river?"

Upper River Dropped From Cleanup List

Florida has been slow to clean up the Hillsborough River and other polluted waterways.

In the late 1990s, Earth Justice, an environmental law group, filed a federal lawsuit charging the state with violating the 1972 Clean Water Act. The act requires the state to identify and clean up its polluted waters.

As part of the lawsuit settlement, Florida and the U.S. Environmental Protection Agency agreed on 712 polluted waterways that were to be cleaned. The Hillsborough River was on the list for several "impairments," including nutrients, fecal coliform bacteria and low dissolved oxygen.

After Jeb Bush was elected governor, however, the state dropped about 200 waterways off the "impaired waters" list. The upper Hillsborough River was one of them.

The EPA forced the state to return 80 of the waterways to the list, but most of the upper Hillsborough River was not among them. A lawsuit to restore the entire list is in the courts.

In the meantime, the state is working with local government agencies and agricultural groups to set pollution limits for the lower Hillsborough River, which remains on the list of impaired waters, and its polluted tributaries. The limits are the highest volumes of pollutants that a water body can absorb and still meet its designated use, such as for fishing and swimming. For dissolved oxygen, the limit would be the lowest amount that could support healthy fish populations.

After the limits are set, the local agencies will develop cleanup plans. In July, the Hillsborough Basin cleanup team will submit a draft plan to the Florida Department of Environmental Protection to address fecal coliform bacteria contamination in the lower river. As part of the plan, local governments will agree to certain cleanup projects.

"We have to give EPA and DEP a road map that says here are the projects we've agreed upon, here's the timetable, here's how much it's going to cost, here's what the load reduction is going to be," said Scott Emery, a University of South Florida biologist working with the basin cleanup group.

Preservation Can Save Homes

The Hillsborough River emerges out of the Green Swamp, a vast liquid repository covering more than 800 square miles in Polk and Pasco counties. Winding through a landscape of nearly undisturbed splendor, the upper river offers a startling contrast to its lower, urbanized branch.

On a recent day, Kenneth Kramer dipped a paddle into the dark waters downriver from John B. Sargeant Memorial Park in northeast Hillsborough County. The canoe slipped along so quietly that a great blue heron less than 10 feet away barely moved at its approach. Dozens of white ibises seemed to walk on water as they hunted grubs among the cow lilies and light-green pennywort carpeting the marsh.

The Timucua Indians called this river Mocoso. More than 400 years ago, they plied its waters in dugout canoes from Flint Creek down to Tampa Bay. They were fierce warriors who clashed with Spanish conquistadors captained by Panfilo de Narvaez and Hernando de Soto.

This pacific stretch of the river probably looks much like it did during Timucuan times. Cypress, live oak and sweet gum trees crowd the banks, shading the coffee-colored water with moss-draped limbs. Although parakeets, ivory-billed woodpeckers and other species from long ago are gone, snowy egrets still strut slowly in the shallows, and anhingas perch on dead logs drying their wings. The only jarring connection to modernity is the occasional plane flying over from Vandenberg Airport.

Kramer has paddled this and many other rivers for 40 years. He remembers staring face to face with a trembling fawn along this stretch. On another occasion, he passed a wild turkey that ignored him to concentrate on several nearby hens.

"This 4 1/2 -mile stretch of river, day in and day out, has more wildlife than any place I've paddled," Kramer said.

Kramer was a land manager for the Southwest Florida Water Management District for 26 years. During his tenure, the district bought 16,000 acres around the river north of Tampa to hold back floodwaters and protect the watershed.

The land served its purpose during torrential rains in the winter of 1997-98. Kramer remembers the river rising to within a few feet of the bottom of Morris Bridge. The surrounding swamps filled, absorbing waters that could have flooded homes downstream.

The floodplain is just as valuable for its conservation value, Kramer said. Five parks on water district land allow the public to fish, canoe and hike this relatively wild river.

"It's important that we bring young people out and show them this kind of thing," he said. "If you don't know it and understand it, you're not going to preserve it."

It May Be Swimmable Some Day

Ebbing and flowing through the heart of Tampa, the lower river maintains its grace and beauty despite a continual in-flow of trash, oil and other urban filth.

Gordon Leslie and Sherwood, scientists for the Hillsborough County Environmental Protection Commission, surveyed the lower river recently from a slow-moving skiff. An eclectic mix of housing lines the bank, from Mediterranean-style mansions to peeling wood-frame homes with rickety docks.

Concrete sea walls and riprap protect many homes from erosion. Other areas, Leslie points out, have natural vegetation. That's ideal because it holds the soil together, filters pollutants and provides home for birds and fish.

Leslie said he disagrees with a city official who once described the lower river as an industrial canal.

"You've got a valuable ecological habitat here," he said.

The lower river is in transition, Leslie said. Vast improvements have been made since the early and mid-20th century when raw sewage and dirt from hundreds of construction sites flowed into the river and Bay.

In her 1972 book, "River of the Golden Ibis," Gloria Jahoda wrote about a river where "too many gushing pipes spewed effluents into the channel down which floated water hyacinths in a tide of bacteria to the sea."

"The Hillsborough is still a beautiful river," Jahoda wrote, "but for many species, the waters of its lower reaches meant death as early as 1900."

The lower river's water quality has improved since then, thanks chiefly to construction of the Howard F. Curren Advanced Wastewater Treatment Plant at Hooker's Point in 1979. The plant dramatically improved water quality by removing solid wastes and reducing nutrients and bacteria in the treated sewer water. Sea grasses, which had been disappearing from the Bay, began to regrow. Snook, redfish and speckled trout once again came upriver, as did fresh-water-seeking manatees.

Cleaning up sewage discharges was important, but it was only a first step, Leslie said. The river still suffers excessive nutrient loading, largely from fertilizers, high levels of bacteria and low dissolved oxygen.

As they chugged upriver from Lowry Park, Leslie pointed out countless stormwater culverts that funnel litter, mud, fertilizers, pesticides, oil and gas into the river.

"In decades past, the main concern was flooding," Leslie said. "The idea was to move the rainwater that fell on city streets as rapidly as possible to the river."

Sherwood, a fisheries biologist, pointed out Jack Crevalle fish swimming near the boat. Seeing a saltwater species nearly eight miles upriver from the Bay illustrates the dearth of fresh water flow in the lower river.

Leslie and Sherwood say the prescriptions for healing the river are straightforward: Cleaning up stormwater, restoring a more natural shoreline and increasing fresh water flow over the Rowlette Park dam.

"It's probably going to take years to recover," Leslie said. "But getting the fresh water over the dam and cleaning up the stormwater coming into the river should get us there."

Leslie and other scientists say the river will never regain the sparkling clarity that Spanish conquistadors marveled at in the 1500s. It can, however, become a vibrant nursery for fish and a clean, healthy waterway where people can swim without fear of getting sick.

Whether Hillsborough County residents and their political leaders are ready to commit the money and other resources to make that happen soon will be determined.

Reporter Mike Salinero can be reached at (813) 259-8303 or msalinero@tampatrib.com.

A Balancing Act

By MIKE SALINERO The Tampa Tribune

Published: Jan 15, 2007

Hundreds of years ago, a pristine Hillsborough River poured fresh water into salty Tampa Bay. That magical mix of fresh water and saltwater formed an estuary where juvenile fish grew and crabs and oysters were bountiful.

"The river is fresh down to its mouth and abounds with fish innumerable," wrote S.S. Seymour, an American adventurer who visited the area in the 1820s.

Today, oysters are mostly gone from Hillsborough Bay, where the river empties into Tampa Bay. Fish and crabs still live there but are no longer abundant. A big reason for that is the diminished flow of fresh water to the lower river and out into the Bay.

In the next few months, state water authorities will address the lack of fresh water flow into the lower 10 miles of the river.

The Hillsborough River is Tampa's main source of drinking water. As the city's population has grown, so has the amount of water drawn from the river, leaving less and less to flow over the dam at Rowlett Park.

In 2006, a year when rainfall in the Tampa Bay area was about 9.6 inches below normal, there were 290 "no-flow" days at the dam.

Most scientists agree that restoring a more natural flow of fresh water to the Bay could again make the river a prolific nursery for all types of fish. The question is: How much fresh water is enough?

The city says it will fight any attempt to increase the minimum flow of fresh water at the expense of the city's water supply. That may put the city in conflict with Hillsborough County scientists who want enough fresh water delivered to the lower river to restore a healthy ecology. The conflict could end up in court this year.

Homeowners Have Stepped In

Florida law calls for the state's water management districts to set minimum flows for rivers and streams. The idea is to prevent water withdrawals that cause significant environmental harm.

In 1999, the Southwest Florida Water Management District set a minimum flow at the Hillsborough River dam of 10 cubic feet per second, or about 6.5 million gallons a day.

The decision angered environmental groups that charged that it was based on politics, not science. Proof, they said, was a 1998 letter that Tampa Mayor Dick Greco wrote to the chairman of the water management district. Greco said water from the city reservoir behind the dam could not be used for a minimum flow to the lower river because it would endanger the public health and safety of 440,000 water customers.

Before Greco's letter, the city persuaded legislators to make changes to the law saying minimum flow rules shouldn't apply to rivers with significant alterations, such as dams and sea walls.

A group of homeowners, calling themselves Friends of the River, hired a lawyer and filed a challenge to the district's minimum flow decision in state administrative law court. Before the challenge could be heard, however, the city and the water district offered a settlement.

The two sides agreed the district would study the lower river for five years, then set a new minimum flow. In the meantime, the city agreed to pump water from Sulphur Springs to the base of the dam to provide a minimum flow of about 6.5 million gallons a day.

Phil Compton, a spokesman for Friends of the River, said that if the group hadn't challenged the flow, the city "would have finalized the permanent amputation of the lower Hillsborough River."

New Recommendation Disputed

The water district report, published late last summer, recommended a minimum flow of 13 million gallons every day. That's twice the current minimum flow but not nearly the 19.5 million gallons per day or more the Friends of the River and the county government wanted.

Water district scientists said a flow of 13 million gallons per day would create a nearly fresh water zone directly below the dam, then a gradual increase in saltiness toward Sulphur Springs, just more than two miles downriver.

The report drew fire from the county Environmental Protection Commission and the Tampa Bay Estuary Program. They said the recommended flow is not enough to create a complete "salinity gradient," or gradual decrease in saltiness, from brackish water at the mouth of the river to a completely fresh water zone just below the dam.

"Fish that live in the Bay or live in the river may need those different salinity zones at different times of their lives," said Holly Greening, lead scientist at the Tampa Bay Estuary Program.

Fish Would Choke, Critics Say

County and estuary program scientists were also troubled that the report settles for an average dissolved oxygen goal of 2.5 milligrams per liter, half the amount state law calls for as a minimum in a healthy river.

County scientists say their research shows that flushing the lower river with fresh water raises the dissolved oxygen levels.

Fish, like humans and other animals, need oxygen to live. When dissolved oxygen in the water gets too low, it's like pinching the tube that feeds bubbles into an aquarium: The fish die.

Martin Kelly, the water district's lead scientist on the minimum flow study, said most fish that thrive at 4 milligrams per liter can also survive at 2.5 milligrams per liter.

County scientists and environmentalists disagree. The state standard for a healthy river is a minimum dissolved oxygen level of 4.

Finding Water To Meet Demands

A final decision on a minimum flow is due this spring. If the water district board approves the 13 million gallons per day, Hillsborough County may challenge the rule in state administrative law court.

Steve Daignault, Tampa's director of public works and utilities services, said the city hasn't decided whether it will go to court to defend the new minimum flow.

Brad Baird, director of the Tampa Water Department, said the city will have a hard time finding enough water to meet even the flow requirement of 13 million gallons per day. Dry weather this winter forced the city to buy water from the regional water supplier, Tampa Bay Water.

Baird said the city might pipe water from the Harney Canal to the lower river. The canal connects the river above the dam to the Tampa Bypass Canal. The city is also investigating a proposal to connect a closed spring basin called Blue Sink, in the Forest Hills neighborhood in northwest Tampa, to the lower river.

Compton argues that the city should increase conservation efforts. In May, the city cut lawn watering from twice a week to once a week, a measure that saves about 14 million gallons a day.

Baird, however, said no amount of conservation will free up enough water from the Hillsborough River to supply both Tampa's potable water needs and a minimum flow.

"Even with saving that water, we were still not discharging water over the dam," Baird said. "We need to meet the minimum flow requirement using water from sources other than the reservoir."

A Dirty Job

By MIKE SALINERO The Tampa Tribune

Published: Jan 16, 2007

The Hillsborough River should have been cleaned up years ago.

The federal Clean Water Act of 1972 called for states to identify their polluted waterways, then develop cleanup plans.

But Florida and other states ignored the law. The task was too big, too expensive and politically unpalatable. Making rivers and bays safe for swimming and fishing again meant cracking down on politically powerful polluters such as paper mills, municipal sewer plants and factory farms.

As a result, the Hillsborough River and other state waterways remain polluted.

Now, pushed into action by lawsuits filed by environmental groups, state and local leaders are readying the first cleanup plans in the Hillsborough River watershed.

One of the first waterways slated for action is the lower 10 miles of the river, where bacteria from human and animal waste exceed state standards. In July, the Hillsborough Basin cleanup team will submit a draft plan to the Florida Department of Environmental Protection to address fecal coliform bacteria contamination in the lower river. As part of the plan, local governments will agree to certain cleanup projects.

Cleanup plans for five creeks in the watershed are also due this year: Black Water Creek, New River and Flint Creek, all of which empty into the Hillsborough River; and Sparkman Branch and Baker Creek in north-central Hillsborough County.

The plans could include stormwater treatment, locating and fixing leaking septic tanks and sewer mains, and educating the public to limit the fertilizers, herbicides and pesticides used on lawns and gardens.

In a separate program, farmers are signing voluntary agreements to manage the waste from cattle, fertilizers and other chemicals.

Environmentalists, who have spent years in court trying to make Florida officials adhere to the Clean Water Act, see the recent flurry of meetings and planning as another delay.

"It's all a paper dance. There is no cleanup action," said James May of the Mid-Atlantic Environmental Law Center.

Local scientists, however, insist the plans will work because of pressure from state and federal governments.

"I think this process has the best chance of bringing all the parties to the table because there are some regulatory teeth behind it," said Holly Greening, chairwoman of the Hillsborough River basin cleanup group and lead scientist at the Tampa Bay Estuary Program.

Cities and counties that don't reduce their pollution could be hit with stricter stormwater discharge permits from the state, forcing them to spend millions on treatment systems.

"It's not just a voluntary effort," Greening said. "It's something the cities and counties need to be a part of and need to take very seriously."

River In Cleveland Caught Fire

In the mid-1990s, environmental groups filed lawsuits in an effort to make the federal government enforce the Clean Water Act. Federal courts ordered the U.S. Environmental Protection Agency to develop cleanup plans for waters in 20 states, including Florida. The EPA also settled lawsuits calling for cleanup plans in an additional six states.

The EPA and the states were supposed to identify a list of "impaired waters," then set pollution limits. The limits are the maximum amount of a pollutant a waterway can absorb and still meet the state's water quality standards for fishing and swimming.

Some progress had occurred before the lawsuits. After Cleveland's Cuyahoga River caught fire in 1969, the federal government forced big industrial polluters to clean up their discharges. Fish and wildlife started returning to waters that had been industrial cesspools.

In the Tampa Bay area, the 1987 Grizzle-Figg bill, named after two local legislators, forced sewer plants to upgrade their treatment systems. Sea grasses in Tampa Bay, which had been devastated by the waste, began to grow again.

Cleaning up the industrial discharges helped, but the waters still weren't healthy. Runoff from growing urban and suburban development still washed into rivers, lakes and streams.

In the late 1990s, a lawsuit filed by Earth Justice, an environmental law group, forced Florida to identify 712 impaired waters, but nothing happened on the next step, setting pollution limits, for seven years.

Environmentalists blame Gov. Jeb Bush's administration for stalling the cleanup. In 1999, the state dropped 200 waterways from the impaired waters list, including much of the Hillsborough River. The U.S. Environmental Protection Agency later forced the state to add back 80 of the waterways, but most of the upper 44 miles of the Hillsborough River was not reinstated.

In what environmentalists saw as further delaying tactics, the state threw out decades' worth of water monitoring data and ordered years' worth of new tests on all the state's waters.

State environmental regulators justified their actions by saying the old data were flawed. They said the cleanup would take massive investments in time and money, so the effort should be concentrated on the most polluted waters, identified by using the best possible science.

Cooperation Is Key

Early last year, the state started convening local scientists and government agencies to work on cleanup plans.

It won't be easy. Every hard rain carries pollution into the river and connected creeks from thousands of yards, parking lots, farms and golf courses. More than a million people live in the river's 950-square-mile watershed, and most of them contribute to the river's pollution in some way.

Some of the solutions, such as cleaning up stormwater and replacing leaking septic and sewer systems, will cost millions of dollars and may hit taxpayers in the wallet.

"I have laid awake at night for three or four years thinking about this," said Tampa stormwater director Chuck Walter. "This is what we live and breathe. … This is one of the biggest things we have on the table."

Local officials have been trying to chip away at the problem. For instance, a recent stormwater project at Lowry Park Zoo now captures most of the animal waste that was contributing to high bacteria levels in the river.

Tampa requires new developments on the river to put in stormwater treatment systems. The city is also spending millions of dollars on new sewer mains and pump stations to stop overflows and leaks.

Roy Mazur, stormwater manager for Hillsborough County, said his department now includes wetlands in flood-control projects. Wetland plants absorb nutrients such as nitrogen and phosphorus in the stormwater before it is funneled into lakes or streams. Nutrients fuel algae growth, which lowers oxygen in the water.

"We're trying to take little chunks out of this now," Mazur said, "because if we wait, we're going to get a bomb dropped on us."

Hillsborough County is also considering widening from 30 feet to 50 feet the buffers that protect waterways from developments. Developers, which have to give up the land for the buffers, oppose the idea.

Officials say they hope to lessen the financial burden of cleanup programs by cooperating with other agencies. Such an effort is under way in east Hillsborough County where the Southwest Florida Water Management District is constructing a 60-acre stormwater treatment system.

In addition to wetlands, the system will use aluminum sulfate to coagulate pollutants so they settle to the bottom of ponds. Plant City will operate the aluminum sulfate treatment, and Hillsborough County will dredge the pollutants out of the ponds and replant the wetland plants every two to five years.

Scott Emery, a biologist working on the cleanup, said the river and its tributaries may not be restored for at least 10 years. The project is so complex, he said, that it shouldn't be hurried.

"You don't want to make a multimillion-dollar mistake with public dollars," Emery said.

Venice news briefs: City's growth issue may be put on ballot


SARASOTA COUNTY -- The County Commission will meet Jan. 24 to decide whether to put a growth-control question affecting North Port in a countywide referendum.

Commissioners met Friday to discuss the referendum, but ended up postponing their vote. Four of the five commissioners seemed to be in favor of putting the issue on the ballot.

Sarasota County and North Port are locked in a dispute over whether a referendum is necessary if the two parties approve a joint planning agreement.

The parties will meet Tuesday to discuss the planning agreement.

Investigation into land deals gains support

David Damron and Christopher Sherman
Sentinel Staff Writers

January 13, 2007

Local leaders Friday urged state investigators to aggressively probe land deals involving the region's embattled expressway authority, with some renewing calls for stronger financial-disclosure rules for expressway officials.

"Restoring public trust in the [Orlando-Orange County] Expressway Authority is my top priority," Orange Mayor Rich Crotty, an expressway-board member, said in a written statement.

Crotty said he welcomed news that an investigation by Orange-Osceola State Attorney Lawson Lamar has now widened to examine land deals near the Western Beltway as well as bond sales used to pay for expressway projects.

"The more oversight, the better," Crotty said.

Other officials went further, saying the widening probe points to a need for tougher disclosure rules.

"It's not clear the public has the information they need to know about the land holdings and conflicts" board members or other toll-agency officials may have, said Orange County Commissioner Teresa Jacobs, a longtime proponent for tougher ethics rules.

"The critical thing [about disclosure requirements] is that appointed people should have as much or more than elected officials," said Orange County Commissioner Linda Stewart, who recently was elected chairperson of MetroPlan Orlando's regional transportation-planning board. "I'm encouraged that there's going to be a very thorough review on this."

When reached for comment, some members of the toll authority were more muted, either declining to discuss the widening investigation or referring reporters to written statements.

Authority member Orlando Evora declined comment.

A written statement Friday from the agency read, "The Expressway Authority has cooperated fully with the Orange-Osceola State Attorney's Office and the Florida Department of Law Enforcement, and will continue to assist them in their investigations. We have provided, and will continue to provide, any information the agencies request that is in our possession."

Board member Arthur Lee said he was unaware of the probe's details and would not comment. Lee's term on the board is up, but he has not decided whether he wants to serve another term. "That's the governor's decision," he said.

An official for Broad & Cassel, the law firm that handled many of the agency's land acquisitions, said the investigation will show that the dealings were proper.

"We are often asked to provide this type of information to various agencies for review. Each time, two things are apparent: the process OOCEA [the expressway authority] employs to acquire land is transparent, and the process is effective," said a written statement from Broad & Cassel Chief Operating Officer Connie Smekens. "We are confident that the records will once again clearly show that to be true."

Meanwhile, the expressway authority released a letter Friday from its lawyer to its former marketing firm Pecora & Blexrud demanding the firm repay the authority $336,461 by next Friday.

Pecora & Blexrud was fired in October after expressway officials said the firm had billed for work that wasn't done and had given "bad public-relations advice."

"Certain invoices for 'outside expenses' were not billed to the Authority at the Consultant's 'actual cost' and as such, Consultant received and retained money from the Authority to which the Consultant was not entitled under the Contract," read the letter, dated Jan. 11.

The letter also charges that the firm defaulted on its contract by not maintaining and giving access to required records. The records are being sought as part of a special audit by an outside lawyer for the expressway authority of the $1.7 million Pecora & Blexrud marketing contract.

Company President Ron Pecora was out of town and had not seen the letter but said, "It doesn't really mean much to me because our attorneys will respond to any of that."

"We've given them all of the information from records that comply with the contract," said Pecora's attorney, Russell Troutman.

"I have no idea how they've arrived at the $336,000," Troutman said. Pecora & Blexrud contend it is still owed money for work performed.

David Damron can be reached at ddamron@orlandosentinel.com or 407-420-5311. Christopher Sherman can be reached at 407-650-6361 or csherman@orlandosentinel.com.

Amid oaks, elms, he's home

By ELIZABETH BETTENDORF
Published January 15, 2007

NEW PORT RICHEY - Rick Feagley found his bliss, and a little piece of the Florida Everglades, in his own back yard.

A little more than a decade ago, Feagley paid $42,000 for a small concrete-block house in the Spring Lake Estates subdivision off Trouble Creek Road.

The house and terraced gardens overlook what he estimates to be a 1,000-year-old sinkhole - essentially, a primordial body of water that's about 1 1/2 acres wide and ringed by moss-draped oaks, cypress, palms, hickory and Chinese elms.

Late on a winter afternoon, it's a backyard hideaway so beautiful that it feels like a time warp - a place that outlived the subdivisions, strip malls and traffic gridlock that have come to define 21st century Florida.

"It's really, really peaceful here - another world," said Feagley, 53, who works in mosquito control for Pasco County. "At night, there are so many frogs and crickets that you can't hear U.S. 19. It's totally quiet, like you're miles out in the country."

Tall and lanky, with the easy disposition of someone who spends his life outdoors, Feagley roams his property with a pet squirrel, Rascal, on his shoulder, and a rescued raccoon, Rocky, trailing at his heels. Over the years, he has transformed his back yard into a room with a view: a handmade cedar deck ringed with burly, hand-carved rails overlooks the dramatic sinkhole. Paths fashioned from antique brick he has collected wind down to the water, edged by railings built from old terra-cotta sewer pipes. He made a hot tub from a stainless steel cow-milking bin (years ago, he milked cows at a local dairy) and built a finch aviary from smoked-glass storefront windows he salvaged from the old Zayre store. Staghorn ferns and other Florida-friendly plants he collected and replanted over the years grow in lush abundance. Small seating areas offer visitors alcoves to relax and enjoy the view during the day; and cold evenings are warmed by a cozy, natural fire pit built into the side of the small cliff.

Along one path, Feagley tucked one of his hand-hewn wooden sculptures, an eagle with elegant, elongated wings that look like they are buoyed by wind.

In his spare time, when he's not playing basketball or fishing, he carves exquisitely complex cedar sculpture. Though he has no artistic training, his work is sophisticated and impressive. An outstretched, abstract ballerina with elongated limbs arches her back as if she's about to do a flip, long hair trailing behind her. A powerful tarpon, taller than a man, is carved with intricately detailed scales. A panther sports the well-formed hands of a human. A jumping dolphin - made of driftwood from Anclote Key - doubles as a sofa side table.

"I love to carve, but it's hard to find the time to do it," Feagley said, "especially when I don't have space in my garage."

His Aegean-blue, concrete-block house has shells lining the front windows and the address numbers painted on a life preserver. At 1,200 square feet, it's just big enough for Feagley, his girlfriend and her teenage daughter.

The house, with two bedrooms and 1 1/2 baths, was built about 36 years ago in this small subdivision near U.S. 19.

Back when he was house hunting, he drove through the neighborhood a couple of times, not sure if it was for him.

"I didn't have a lot of money to spend," he recalled. "My sister found the house and loved the back yard. She called me up and said, 'You like living on the water, don't you?' "

An understatement, to say the least, he said with a smile.

A true environmentalist, Feagley cares deeply about the health of the sinkhole and its relationship to the aquifer, the underground river that is Florida's principal source of drinking water. He worries about the direct drainage from the streets into the ancient hole, a consequence of its incorrect classification as a retention pond decades ago.

Feagley wants to see that changed.

Over the years, he has hauled truckloads of waste and litter from the sinkhole.

When it rains, he said, oils, toxins, bottles, trash and chemicals flow from the streets into the hole, darkening the water with pollution and so drastically altering the water level that it kills good plants such as duckweed.

He has a solution, if anyone wants to listen: Reroute the runoff to a real drainage ditch behind a nearby school.

He keeps what look like long butterfly nets propped against a tree by the shoreline for daily litter removal. He can fish out what's visible on the surface, but worries about what he can't see. By his measurements with a rope and concrete block, he estimates the depth at 35 feet or more.

"There's another 15 feet or so of dead grass and muck," he said. "It's so polluted, you can't get down where the springs are."

For now, he keeps on cleaning.

"I just love nature and knew when I saw this place what it could be - like the Everglades."

Elizabeth Bettendorf can be reached at ebettendorf@hotmail.com.

Protect the land

BY SUSAN LATHAM CARR
STAR-BANNER
OCALA - Sharon Sawallis and her husband, Dick, were raised in Fort Lauderdale where they enjoyed the beach and the mangrove trees.

"There used to be a fort that was made of coconut palm trees," Sawallis said. "All that's gone."

Condominiums began popping up. By 1969, when the couple moved to Marion County, there was only two miles of public beach left.

"I have seen so much go, even in Ocala," said Sawallis, a semi-retired pharmacist who loves raising 50 cows at her homestead, west of Reddick's center.

So it really is not surprising that she decided to protect some of her land from development, specifically 93 acres she owns at the Orange Lake Overlook.

"I love the view," Sawallis said. So do many other people who drive along U.S. 441 and happen to glance eastward at Orange Lake.

"It's a gorgeous view when the sun comes up or the sun goes down over that lake. That's what I want to preserve and not look at a bunch of houses."

Through Marion County's voluntary Transfer of Development Rights program, Sawallis was able to put her land in a conservation trust and still be able to obtain some monetary value from her property.

"The way I look at it, my kids have 350 other acres of land," Sawallis said. "I don't think they are going to worry about not having enough estate, and my kids agree with me."

Douglas Lee Turco, who owns 214 acres along U.S. 27 about three miles southeast of the Levy County line, also entered the TDR program.

Those properties are the only two that have been preserved under the program since its inception in January 2005.

Those familiar with the TDR program say it needs to be adjusted for both landowners and developers.

"It's not functioning like we would like it to," County Commission Chairman Stan McClain said. "We need to add some elements to make it more attractive for both sides. You have developers who are looking to buy TDRs and you have landowners who are giving up their rights forever to a piece of property, and I think it has to be equitable for both parties."

The county should do more, Commissioner Charlie Stone said.

"One of the things we fell short of as a commission is we have not made a real push and effort to make the information available and get it marketed the way it should be. We need to make a full board effort to do that."

TDRs will be one topic discussed at a commission workshop on Thursday.

HOW IT WORKS
The county has established two specific areas where the TDR project will apply.

One is the "sending area," which is rural land - mostly designated farmland preservation area - that the county hopes to preserve.

The other is the "receiving area" - designated urban reserve - which is land close to urbanized areas with infrastructure, like roads and sewer and water, where the county would like to encourage growth, rather than having it sprawl into the rural areas.

Basically, the program involves a swap.
The owner of the rural land agrees to give up the right to develop his or her land by placing it into a conservation trust never to be developed.

For that agreement, the county issues the rural landowner TDR credits. For every 10 acres preserved, the landowner receives three TDR credits.

Those credits may be used in the receiving area, where growth is encouraged, to increase the number of homes allowed on a piece of property.

Rural landowners can use the credits to develop more homes on a piece of property they own in the receiving area. Or they can sell those rights to a developer.

Then the landowner makes money on the land, the developer gets to build more homes and the county preserves the farmland.

POOR PARTICIPATION
"It's only 2 years old," said Judy Greenberg, executive director of the Marion County Citizens Coalition. "What do you expect - the whole world to change in two years for something you haven't educated people about?"

Greenberg - at the time interim executive director of the Conservation Trust for Florida - was instrumental in getting Sawallis to join the TDR program.

Greenberg said developers have argued the program, which is part of the comprehensive plan, is too difficult and there are no TDR credits to buy.

"Have they gone to any landowners to ask if they were interested in selling their TDRs?" Greenberg asked. "The answer is no."

She said most of Sawallis' 27 TDRs are still available.

But there are glitches, Greenberg said. Because the ratio is three TDRs for 10 acres preserved, the market has set a very high value on the TDRs, and that prices many developers out of the deal. If that ratio were changed to one TDR for each acre, the program would present a more attractive opportunity.

Steven Gray, a land attorney who represents many developers, agrees. He said people in the rural areas do not want to sell their rights too cheaply.

"They can't figure out the value of that and, I think, that worries people," he said. To be safe, particularly in the recent hot market, they have valued the TDRs at very high rates.

"I think the question is: How do you create the system to make those development rights saleable," Gray said. "It's a very popular concept with land planners, but the mechanics are difficult and very few systems work."

Gray said allowing even higher densities in the receiving area might help.

Throughout the county, a developer is allowed to build one unit on 10 acres on urban reserve land.

So a person with 40 acres could build four houses. A developer would be allowed to build one home per acre on urban reserve land, instead of one unit per 10 acres, if he bought 36 TDRs. And, as a bonus, he would not need County Commission approval to increase the density.

Not only is that expensive, Gray said, but developers do not want to build one unit per acre.

"We can't have one-acre subdivisions, or we will cover the whole county with subdivisions," Gray said. And the cost of providing the roads and utilities would be prohibitive.

On the other hand, he said you would not want to create so much housing density that an apartment building could be built next to a house.

"One possibility might be to take it to two units per acre," Gray said. "You will have more buyers at two units per acre.

Also, he said, "If you made everything in urban reserve a receiving area, you would have a lot more potential buyers."

Greenberg agreed the receiving area needs to be redefined and expanded.

But she had a caveat.
"Until it's redefined, we need to hold the line," Greenberg said. She said developers should still be required to buy TDRs if they want to develop in the current receiving area.

If the commission expanded the receiving area and increased the TDRs awarded to one TDR per acre, she said, the project would be more palatable.

COUNTY OPTIONS
In August, the county planning staff presented the commission with a text amendment to the comprehensive plan to make some of these changes in the TDR program, but it was withdrawn when commissioners said they wanted to discuss the issue further.

County Planning Director Dwight Ganoe said that, if the number of TDR credits are increased to one per acre, some sort of adjustment would have to be made for Sawallis and Turco for the 300 acres they placed under the conservation easement.

"If we changed that to something greater, I don't think we would want to penalize them for being the first to participate," he said.

Ganoe said another possibility that had been discussed, but was not in the text amendment, was the possibility of making the conservation easements sunset rather than remain permanent.

"There was a minimum time period it had to remain under a conservation easement," Ganoe said.

If over time everything has built up around the conserved land, it might make sense to allow development and move the easement to a more environmentally valuable piece of property, he said.

"You are not going to get the entire farmland preservation area under a conservation easement," Ganoe said.

'A HARD LINE'
Commissioner Andy Kesselring is adamant that the TDR program will work.

"They want to get the development rights as cheaply as they can and, when they can't get it inexpensively, 'It doesn't work - boo hoo me,'Ê" Kesselring said about developers' complaints. "[TDRs] are worth what people are willing to sell them for and what they are willing to buy them for."

He said the commission has not always stood firm and demanded that TDRs be bought for development in the receiving areas.

"What we have always said is: The only way you are going to make it work is not to approve new development in the receiving area," Kesselring said. "You can't give them an out. That's what we have done."

He said the commission needs to take "a hard line."

"We are going to ruin what everybody says Marion County is about," Kesselring said. "We have heard a million times, 'This is the horse capital.'"

Susan Latham Carr may be reached at susan.carr@starbanner.com or (352) 867-4156.
Auburndale to talk about keeping 'small-town charm'
AUBURNDALE - One of Florida's leading experts on growth will present a talk to members of the Auburndale Chamber-Main Street organization on how small municipalities can preserve their "small-town charm" in the face of major population growth.

The talk is schedule at noon Jan. 25 at the Auburndale Civic Center.

Geoff McNeill, AICP, RLA, is vice president for Collaboration and Design Innovation with MSCW, a Florida company committed to creating lasting communities through collaborative professional design services.

His talk will be titled: "Growth: A Challenge for Sustaining Small Towns."

"Auburndale has a lot of growth coming its way in the very near future and yet our residents are telling us in our community surveys that they like our small-town ambience and our way of life," said Joy Pruitt, executive director of the Auburndale Chamber-Main Street Organization.

"We need to be thinking now about what we can do as a community to handle growth and keep all those elements that make Auburndale a special place to live," Pruitt added.

Joel Thomas, president-elect of the Auburndale Chamber, agreed.

"We continue to seek input from all parts of our community about Auburndale's future and this is a great opportunity to keep the conversation going, Thomas said. "We have a historic opportunity to Tget it right' with regards to preserving what we all like about Auburndale and its going to take building a common vision in order to make that happen."

Town preparing for industry
By ANNE SPENCER
Jackson County Floridan
Thursday, January 11, 2007

COTTONDALE ? No news isn't the best news, but it could be good or bad when it comes ? the word, that is, whether a company that manufactures wood pellets will locate here or not.

Mayor James Elmore says there's nothing new on whether the development will come, but the city is working to get everything in place that the company would need should it decide to pick the Jackson County site, and the Jackson County Development Council is working on getting the deal.

Two other places, both in Alabama, are being considered as well.

"They've already built a port facility next to the Bayline (railroad track) in Panama City," Elmore said. "They'll be shipping (down) on the Bayline."

The company's business is taking scrap lumber and compressing it into wood pellets for fuel. Elmore said the company has made deals with area lumberyards and the pellets would be shipped to South America.

One of the city's efforts is to get natural gas lines extended from the Family Dollar distribution center in west Marianna, a distance of seven miles to Cottondale.

At the city's regular monthly meeting this week, the city had a light agenda, with discussion on the make-up of the city commission, the area the volunteer fire department serves, and what kind of work requires a development order.

With two of the seven commissioners having moved out of town, the city board talked about leaving the board at five commissioners.

City attorney Matt Fuqua advised that to permanently change the make-up of the board, the city charter would have to be amended and that would have to be done by voters.

Commissioner Council Glass said that because the city may grow, having only five commissioners would mean doubling up on committees.

No action was taken, and Elmore said after the meeting that because of the cost of a special election, "We'll probably leave it as it is."

The board voted unanimously to expand the area the city volunteer fire department covers, from five to seven miles, to not only provide more coverage but have a larger area to draw volunteers from.

The board approved purchase of a chain saw to replace the one stolen two months ago from the fire department. Volunteer fire chief Richard Dominguez was told to use the state bid price as a guideline for cost.

Dominguez reported that the serial number had been given to the city police department for tracking.

The board rescinded an annexation ordinance that had never been advertised because it contained an error, and unanimously adopted the correct version.

The ordinance concerns annexation of the city's recreation field and 20-plus acres an owner wants in the city.

Glass asked for clarification on what kind of work requires a city development order. Fuqua said the city had general written guidelines, but they couldn't be specific for all situations.

While on the topic of development, Commissioner Bruce Lambert said he was interested in knowing whether Cottondale might be a candidate for redevelopment like the City of Marianna was with its Main Street Marianna organization.

City Manager Willie Cook said he would check into it.

The board agreed it should seek a grant to fund the expense of making the new addition to Cottondale Elementary a hurricane shelter. If properly equipped, the classroom addition could house 75 people, and city officials say they're especially concerned about senior citizens.

A resolution was adopted urging the Legislature to support certain issues, one being restoring and maintaining Home-Rule authority for municipalities within charter counties.

In the "citizens comments" time period, Robert Scopie White expressed his appreciation for the cooperation in the dedication of a city street to the memory of Dr. Martin Luther King Jr.

The city will commemorate Willow Street in honor of King. A ceremony to unveil a sign will be held on Jan. 15, Martin Luther King Jr. Day, at 3:30 p.m.

White said after the meeting that he and the group Sons of Allen asked the city to commemorate the street, and "the city has been a lot of assistance."

He said the city got the sign donated.

Willow Street was chosen for the commemoration, he said, because it crosses U.S. 231 and "is very visible."

Another item on the agenda was the development of a city retirement plan, about which City Clerk Judy Powell gave a brief update.

Misunderstanding leads to wrong vote
By DEBORAH BUCKHALTER
Jackson County Floridan
Thursday, January 11, 2007
Grand Ridge Town Council members next month may reverse the action they mistakenly took last week in an attempt to ensure funding for the wastewater treatment system the town plans to build.

Last Thursday, with their city manager absent from the town's monthly meeting, board members voted to seek an interim commercial loan to get things started while they await a state grant/loan that will pay for most or all of the project.

It turns out they didn't need to do that, according to City Manager J.R. Moneyham.

He said the board apparently misunderstood what he said they needed to do that night.

Moneyham said he intended for the board to vote on another matter altogether. He was asking, instead, that the board decide whether he could send in a request to the state for a $1 million appropriation in 2007.

He said sending legislators a Community Budget Issue Request is a standard procedure taken by most Florida communities near the beginning of each calendar year. It's something of a 'wish list,' and it could be used to help with the wastewater plant if awarded by the state, Moneyham said, although most of the funding for that project is already in place or promised.

A site for the plant has been identified on State Road 69 south, just outside the city limits, and the board is working on a deal to buy the 375 acres for roughly $6,300 an acre. The parcel is bigger than what the city needs for the plant, according to Mayor James Barwick, but the landowner will not separate the property.

Barwick indicated at Thursday's meeting that he understood the commercial loan would be needed because the state wastewater funding package would not cover the purchase of the entire parcel since it would not all be dedicated to the wastewater project.

The state appropriation Moneyham wanted to request, rather than a commercial loan, may be a potential funding source that could be used to pay for the extra land, if Barwick is correct about the limitations in the grant/loan program.

The town has looked at several sites for the plant over the past year, and met with much resistance when it considered a parcel south of the Cypress community.

The difficulty of finding a suitable site may be one reason the city is leaning toward the purchase of the larger parcel.

 

Whale's death may yield clues

Biologists study scavenged carcass of humpback calf found on beach

BY JEFF SCHWEERS
FLORIDA TODAY

Studying a dead female
humpback whale stranded on Cocoa Beach during the weekend could provide important clues to the deaths of almost 30 other members of the endangered species in the Atlantic Ocean in the past year.

Beachgoers discovered the year-old, 4,000-pound calf three blocks south of the Cocoa Beach Pier around 8 a.m. Saturday, police said. Marine biologists believe the animal had been dead about a week before it washed ashore.

"It was severely scavenged by sharks, the bone was exposed," said Megan Stolen, a research biologist with Hubbs-SeaWorld in Orlando. "It was a big blob."

Researchers took the skull, reproductive organs, blubber and other tissue for further analysis to help figure out what caused the death, she said. Hubbs-SeaWorld will send its data to the die-off coordinator in the northeast, which they'll use to help find a cause for the stranding, she said.

The rest of the whale was buried on the beach in a pit
10 feet deep.

"We couldn't remove it from the beach," she said.

It took nearly to four hours just to move it 50 feet, she said.

The only other option would have been to tow it offshore, she said, but only the Coast Guard can do that. It's not an easy task, requires a lot of attention and is not safe, she said.

The dead whale is an important find for the National Oceanographic and Atmospheric Administration, which has monitored a sharp increase in humpback deaths since last summer. Observers have spotted bloated, rotting carcasses in the ocean, but this is the first stranded leviathan from which they could get fresh biological samples, NOAA Fisheries spokeswoman Terri Friday said.

"We don't get a lot of opportunities to sample, so necropsies are very important," she said. Such samples can provide a baseline life history of the animal, its food habits, illnesses and viruses that might compromise the rest of the population, the presence of biotoxins or injuries that indicate the cause of death, she said.

Mendy Garron, the northeast stranding coordinator for NOAA Fisheries, said her agency has noticed a sharp increase in humpback deaths since July in the feeding grounds in New England, "so we will be investigating any mortalities as they migrate south."

Including Saturday's stranding, there have been 28 deaths in the past year along the entire eastern Atlantic coast, she said. That's a significant number for a population of 8,000 to 10,000 whales, she said. Normally, 10 to 15 humpbacks die each year.

Ideally, there should be no more than three deaths a year to have a successful reproduction rate, Garron said.

A similar die-off in 2003 was caused by a biotoxin, she said.

"So we'll be comparing data," she said. "We don't have a lot of samples from these animals, so it is important to get a thorough exam done."

Contact Schweers at 242-3668 or jschweers@flatoday.net.

County planners like mall redesign

SARASOTA -- For a few hours Friday, Sarasota became the capital of new urbanism.

A collection of national planning experts were here to vet Benderson Development's overhaul of its plans for the region's biggest mall during a special three-hour morning session before county commissioners.

Looking around at all the experts Friday, one county employee estimated that Benderson and the county were likely being charged thousands of dollars an hour for the assembled talent.

Two of the experts took the opportunity to plug their books.

Whether the vision of Benderson's University Town Center as "a satellite city" to Sarasota will wash with commissioners won't be known until Jan. 23, when the project faces an up-or-down vote.

In November, commissioners rejected an earlier version of the development at University Parkway and Interstate 75 as simply too big for congested roads and possibly as too big of a retailing threat to downtown Sarasota.

Over the last month, Stefanos Polyzoides, a new urbanist guru from Los Angeles, redesigned the project to reduce its traffic impact.

At 1.9 million square feet, the project remains the same size -- nearly twice that of the county's current biggest mall, Sarasota Square Mall. But county planners say they're excited about the changes Polyzoides has made so far.

The idea is to create a self-contained city with 1,750 condos, where residents can walk to nearby stores, a movie theater, restaurants, a lakefront park and a proposed county paw park for dogs. Meanwhile, luxury retailers would appeal to shoppers in a five-county area.

"We tried to shift the uses over in such a way they would become synergistic," Polyzoides said of the revised plan.

Gone are the 130-foot-high anchor stores and the enlargement of a nearby lake to handle storm-water runoff. New features include a maximum height of 85 feet, a "green" storm-water system that provides more land to spread out the stores, more offices and a trolley system that could shuttle people to nearby Lakewood Ranch.

Polyzoides is one of the most prominent members of the Congress for New Urbanism, a 13-year-old group founded to push alternatives to sprawl, mainly through the design of neighborhoods.

When he helped found the Congress for New Urbanism with Polyzoides and others, these anti-sprawl architects were seen as "flaky," said Peter Katz, who was flown in by the county to discuss the proposal with planners. Now the group is becoming the mainstream of urban planning.

"Most of the damage that's been done out there are the death by a thousand cuts," Katz said.

Local governments have created sprawl and congested roads by approving "single-use" projects, like strip malls, or isolated residential projects that can only be connected by automobile.

Katz suggested the county look at whether the project creates an "urban walkable" setting by blending its uses.

County commissioners appear open to the concept, considering this week they approved spending $1.5 million to study requiring developers to mix residential and retail, and require construction with more of an urban look. Polyzoides, who has become familiar with the area since landing work two years ago to help New College develop its master plan, was one of six planners hired by the county.

Also testifying Friday were top new urbanist engineers Richard Hall of Tallahassee for the county and Jim Daisa of San Francisco for Benderson.

Benderson has committed to constructing a four-lane North Cattlemen Road through the project.

Combined with county plans, Cattlemen would become a much-needed north-south connector to Fruitville Road, Daisa said.

The new section of Cattlemen would add 27 percent to the north-south road capacity in the area, more than the Benderson project will absorb, Daisa said.

He also claimed that the new mixed-use design would cut traffic down by several hundred vehicles during peak hours on University.
Local realtors confident going forward
By DAVID PALMER
Jackson County Floridan
Friday, January 12, 2007
Despite challenges facing the Florida housing market, the outlook for Jackson County and the surrounding area should be steady.

That was the assessment outlined by Chipola Area Board of Realtors President Gina Stuart.

The board enjoyed its annual awards banquet Thursday in Marianna on the campus of Chipola College.

Brenda Hatcher of Coldwell Banker The Hatcher Agency was awarded the prestigious Realtor of the Year.

"Brenda is a person who is just a joy to work with. She is fairly new in the real estate industry, but she has accomplished a lot in a short time," Stuart said.

Hatcher, who entered the real estate business in 2004, previously worked in insurance.

"She is the kind of person you want to work with because of her kindness and professionalism," Stuart said. "She stays very involved in our community, too, through Altrusa. She was one of the key people involved in Coats for Kids."

Stuart said 2006 marked a slowdown in local and area real estate in comparison to 2005. Nonetheless, she said the past year remained healthy for business.

"You can see by the number of real estate agents who performed so well, in winning these awards, that slowing down did not carry as bad a meaning as you might think," Stuart said.

The greatest challenge for the real estate community is the spiraling insurance costs throughout the state.

"That is the number one challenge," Stuart said. "I know that Gov. Crist has made this a priority and I'm confident he will work with the Legislature to do something quickly and then look for a long-term solution.

Stuart also said the real estate trends for Washington, Holmes and Calhoun counties will be somewhat different than Jackson County's direction.

"A lot of what is driving real estate in Holmes and Washington counties is linked to the animal park Jim Fowler is involved with, and the new airport just below those counties in Bay County. I think you will see quicker commercial and residential growth."

Jackson County, she said, will likely see more subdivision growth and some newcomers from others areas of Florida looking for cost-effective and peaceful settings.

"I can remember when people used to drive through Jackson County and just fall in love with its beauty and they would move here," Stuart said. "That's happening again. They want to be a part of this smaller setting with its natural beauty."

Stuart also noted that preserving Jackson County's unique natural areas will be important to its growth.

"To me there is nothing more important than protecting our land and water. Much of our future is tied to how we care for those treasures," she said.

Stuart also said Jackson County could experience growth if more professional jobs could be secured for the area. She said planning and preservation could be key factors in meeting that goal.

Belleview set to revive impact fee discussions

BELLEVIEW - City commissioners on Tuesday are expected to tackle again a proposal to create an impact fee on new home construction, with the money collected going toward buying land for recreation.

The measure has been discussed since early 2006, because city officials say the gap between green space and the population is rapidly closing.

The city's comprehensive plan, which is mandated by the state, requires 10 acres of recreation space per 1,000 residents. Presently, the city has roughly more than 40 acres for recreation and a population close to 4,000. Those numbers soon may change with several large-scale developments coming to the area.

In 2006, city staff came up with a formula and a figure commissioners could use in applying the fees. But disagreements about how to implement the formula and what to put on the property forced commissioners to delay a final decision until they could agree on a plan that would not only be feasible, but also legally sound.

"We'll hear from our attorney on what we can or cannot do," Mayor Tammy Moore said.

Moore said the city should have passed an ordinance that would have at least allowed it to collect money to purchase property until a permanent plan could be devised.

"We need to do something," Moore said.
The city's land development coordinator, Jeff Shrum, said it's not as simple as it sounds. Fees would have to be devised for each type of development, he said.

Commissioner Ken Nadeau agrees something needs to be done fairly soon. He would like to see an impact fee in place within 30 to 60 days.

"It's important for us to do it now so we can purchase land for recreation because we don't want to destroy our comprehensive plan," Nadeau said.

Even if the city buys vacant parcels, it must decide what then to do with them. Nadeau said there should at least be minimal improvements.

"Those minimal improvements include site clearing, utilities, paving for an entrance and bathroom facilities," Nadeau said.

Developer Kirk Boone, who is planning to build a residential complex off Baseline Road, said the fees will affect the price of homes.

"Do I like the impact fees? No. But I know they have to have some method in place to collect fees on things that impact a community," Boone said.

Some have suggested that if developers set aside green space in a subdivision, then that would eliminate the problem. Boone disagrees.

"The problem with that is, the state won't give you a credit for that, because the park is owned by a homeowners' association and not the city," he said.

Also Tuesday, city commissioners hope to finalize a deal to purchase a 27-acre parcel.

Because the city is making a purchase of more than $500,000, officials must get at least two appraisals. If the agreed-upon price exceeds the average price of the two appraisals, then the purchase can be approved only by a super-majority vote.

The offer price of $1.246 million is slightly more the average of the appraisals, which came in at $1.242 million.

Austin L. Miller may be reached at austin.miller@starbanner.com or 867-4118.
'King Corn' Could Be Dethroned

By
Ledger Washington Bureau
WASHINGTON - Lonnie Ingram has mixed the genes of two bacteria in his lab to make a bug that is particularly efficient at eating wood and other plant material to make ethanol, a gasoline alternative.

Soon, demonstration plants in Jennings, La., and Osaka, Japan, will churn out about a million gallons of ethanol a year to show that commercial-scale plants of 30 million gallons or more are feasible.

They could turn yard waste, construction debris or citrus peels into an antidote to the world's oil addiction.

If that sounds like science fiction becoming reality, consider that Ingram, a researcher at the University of Florida, got his first patent for these plant-to-fuel bacteria back in 1991.

His is one of many ethanol inventions that, until recently, have been shelved or slowed by a fickle market for oil alternatives.

"The political nature of ethanol and ethanol subsidies and ethanol use over the past 10 years has been a pretty up-and-down affair," said Ingram, now director of the Florida Center for Renewable Chemicals and Fuels at the university. "The difficulty is getting the first plant built."

For years, corn has dominated the tiny ethanol market in this country. A new mandate for ethanol in gasoline, high fuel prices and rising concern about global warming has sparked a boom for corn-ethanol plants across the Midwest, promising a resurgence for rural communities long on a downward slide.

Now lawmakers and President Bush are preparing the hardest push yet for ethanol sources that don't come off a cob.

The idea of making fuel from switch grass, pine trees, yard waste, citrus peels and other sources available outside the corn belt is catching on just as Congress prepares to write the next major farm bill.

The House also is expected to take up legislation this week to roll back oil subsidies and apply them to renewable fuels.

States such as Florida and California, which have the potential to grow vast quantities of practically any ethanol source except corn, are at a crossroads.

"We should be the Silicon Valley of bio-fuel," said Rep. Tim Mahoney of Florida, a newly elected Democrat assigned to the House Agriculture Committee last week.

Chairmen of the House and Senate agriculture committees say the next farm package is going to be driven largely by energy issues for the first time, thanks to fears about energy security and greenhouse gases. Many provisions in the last farm bill, passed in 2002, expire in September.

"Our new bill this year will not be a farm bill in the classical old-fashioned manner," said Sen. Tom Harkin, the Iowa Democrat who chairs the Senate panel, at a hearing last week about ethanol issues in the coming package. "It must be bold ... and supportive of a transition to a bio-economy."

The direction of the corn-ethanol industry in the last year illustrates potential side effects of merging farm policy and energy policy. Moreover, a fight over direct or indirect subsidies that historically have gone to crops such as corn, cotton, soybeans and sugar could add a host of new interests to an already crowded debate.

"The farm bill should not pick winners and losers in renewable fuels technologies," said Rep. Adam Putnam of Florida, whose family is in agriculture and who is the third-ranking Republican in the House. "It should have incentives for a host of technologies."

GRASS TO GAS

The sagging paper industry, for example, suddenly has a stake in what happens on this front as researchers at Georgia Tech advocate a process that uses pulp from southern pine trees to create ethanol.

A competing process invented by Ingram and licensed by a company called Celunol Corp., which expects to break ground on its Louisiana demonstration plant next month, could benefit municipal waste facilities, builders and unforeseen players that could profit from diverting wood waste into the energy stream.

Last year, Bush mentioned switch grass in his State of the Union address as an ethanol feedstock, and he is expected to revisit the issue in his next State of the Union. But it's unclear where millions of acres to grow switch grass would come from or how growers would get paid to pioneer a fuel source before the market exists.

Rep. Collin Peterson of Minnesota, Democratic chairman of the House agriculture panel, has suggested a subsidized program to establish the first 5 million acres of switch grass. Lawmakers also are debating whether farmers who receive payments for conserving land should be allowed to use those acres to grow energy crops, raising questions about how conservation fits in.

The main player now is King Corn, a powerful force in agriculture debates.

"I'm a little bit worried at this juncture that corn is going to kind of become the internal combustion engine or the coal fired power plant of bio-fuels," said Ken Cook, president of the Environmental Working Group, referring to environmental criticism of corn production for its reliance on fertilizers and herbicides.

At the same time, cattle, hog and poultry farmers are warning lawmakers not to expand federal ethanol mandates, as some propose, if that would further boost corn prices. They say the price of livestock feed is hurting them.

The nation's 111 ethanol plants, almost all using corn, can produce about 5.4 billion gallons. Another 75 plants under construction, plus eight expansions, will more than double that capacity in the next five years, according to the Renewable Fuels Association. The vast majority of those refineries are in the Midwest.

Production should surpass a congressional mandate that took effect last year requiring gasoline distributors to mix in 7.5 billion gallons of ethanol by 2012. Still, that is only 5 percent of the nation's annual gasoline consumption.

Ethanol production would have to far exceed the likely capacity of cornfields to fulfill dreams of displacing a quarter or half of gasoline consumption in the next 20 years. Believers say if lawmakers and investors build plants using the burgeoning "cellulosic" technology, alternative crop supplies and a stable ethanol market will come.

NEW ADDICTION

That's quite a leap, though. A typical commercial corn-ethanol plant costs about $100 million, by one estimate, while a cellulosic plant is expected to cost about twice that. Investors worry a crash in gasoline prices could undercut the market for these expensive projects. Despite offerings at the Detroit auto show last week of vehicles that will run on 85-percent ethanol blends, there are hardly any gasoline stations that supply it.

Some existing farm policies aren't helping.

For example, few people expect American ethanol to come from sugar, a plentiful crop in Florida and the source of Brazil's thriving ethanol industry. U.S. farm policies keep domestic sugar prices too high for ethanol. In Florida, U.S. EnviroFuels LLC plans an ethanol refinery at the Port of Tampa, the only such facility planned in the state, but it would import corn.

Florida lawmakers say their state has plenty of potential ethanol sources - ranging from citrus byproducts to grasses to trees.

Putnam said he does not expect the farm bill to focus on new crop subsidies to push this industry. He said the government should help private companies cut the cost of building cellulosic ethanol plants, perhaps through tax incentives, thus creating a market for crops that Florida can grow.

Sen. Mel Martinez, a Florida Republican on the Energy and Natural Resources Committee, said his state needs to get into the renewable fuels business especially after a year that saw fierce fighting over how close to drill for oil off Florida's shores.

"We need to get off the dependence on corn," he said. "Florida needs to grow the other materials."

Palm Bay seeking public's input

City's land use on agenda

BY LINDA JUMP
FLORIDA TODAY

A public workshop Saturday will allow citizens to say how the city should look in 25 years. The second of five sessions will cover land use as the rapidly growing city works to design its future.

About 70 people attended the first session on economic development last weekend, said Robin Carmichael, coordinator for the city.

"There was good participation," she said.

Those attending were asked to pick a spot along a "growth line" to show whether they preferred no growth or unlimited growth.

"It got everybody talking," Carmichael said. "Predominantly, the group wanted to preserve the quality of life with more industry and jobs."

Beverly Wiggins, who moved to the city last April, said she attended the session to learn more about her city.

"I thought I should be there to hear what was said," she said.

Wiggins runs PIP Printing with her husband. She said she sees a lot of growth on the Melbourne and West Melbourne side of Palm Bay Road to the north but not as much on the Palm Bay side to the south.

"I want to see Palm Bay grow with more businesses so that I can spend my money in Palm Bay," she said.

Wiggins said she would attend another public workshop.

City Manager Lee Feldman was pleased with the turnout.

"It was great to see a lot of new faces out there, people interested in the future of their city," he said.

Councilman Pat Woodard called Saturday's meeting "good for a start." He said the consensus was for planned economic development.

"People don't want things coming in willy-nilly," he said.

A 17-member Community Vision Steering Committee will guide the six-month process to create a visual map of Palm Bay's future. Red Oaks Consulting was hired as consultants. The project complies with the state's Growth Management Act of 1995.

Contact Jump at 409-1423 or ljump@brevard.gannett.com.

Developer again delays hearing on condo plan

EMILY NIPPS
Published January 15, 2007

TAMPA PALMS - Drivers who cruised along Bruce B. Downs Boulevard last April might remember the people and poster boards lined along the road, protesting a proposed condo development just south of Tampa Palms.

It was the beginning of a fight against the Giunta Group developers, who want to put a 1,500-unit, multistory condominium community on the west side of Bruce B. Downs.

More than a thousand people living in the nearby Tampa Palms, Lake Forest and North Oaks communities, who fear the development will cause excessive traffic and hurt wetlands, vowed to battle it until the end.

But where is the end?

On Jan. 2, Giunta Group's project planner requested a fourth continuance on its public zoning hearing, which is required before construction can proceed. Hundreds of opposing homeowners living near the proposed 644-acre site were hoping to attend the Jan. 17 hearing before the Hillsborough County Commission, but now must wait until March 6 - almost a year from the original hearing date.

"It frustrates from the standpoint of getting all the buses of people together to go down there," said Maggie Wilson, a consultant to the Tampa Palms Community Development District, who opposes the condo project.

Some worry that that's exactly why the hearing keeps getting delayed, that developers are hoping perhaps people will lose interest in the project over time. Others wonder whether the Giunta Group is trying to see if the sagging condo market picks back up before proceeding with plans.

"We're just afraid that one day, when no one's watching, they'll get that thing approved," said Tom Macri, vice president of the North Oaks Condominium Association.

The Giunta Group's planners from Englehardt, Hammer & Associates, and representatives from the surrounding communities have not been in contact, and the Giunta Group's principal planner did not return calls to the St. Petersburg Times, so the reasons for the delays are unclear.

"We are still planning on meeting with the adjacent property owners and interested citizens groups prior to the ZHM zoning hearing master and will do so once we have prepared a revised general development plan," wrote principal planner Ty Maxey in his continuance request to the county.

"To my knowledge, he has not contacted anyone," Macri said.

The opposition is "still all together in this," Macri said. The hundreds who have promised to speak out against the proposed condos will still be around if, and when, the hearing takes place.

Still, "who is going to ask the question?" Macri said.

"At what point do they (county commissioners) say enough is enough?"

Emily Nipps can be reached at (813) 269-5313 or nipps@sptimes.com.

Growth law's major effects being felt

By DAN DEWITT
Published January 15, 2007

BROOKSVILLE - Though the state Legislature passed a new growth management law two years ago, its most important provisions are just taking hold.

According to County Commissioner David Russell, who helped write the law as a state representative, it is living up to its promise as a historic effort to manage growth in Florida.

"It's doing what we were trying to do: Get growth to pay for itself without completely suppressing growth," Russell said.

Not everybody agrees, though they don't have a problem with the law itself. It's just that Hernando County has been doing what the act requires - making developers pay for improvements to roads and other services - for at least two years.

The law may give the county more leverage to extract money from developers, transportation experts say. But it may also limit the amount of money the county can request and how the money can be spent.

"What we were doing worked pretty well," said County Engineer Charles Mixson. "This tightens it up quite a bit."

Though the bill was so comprehensive it covered 136 pages, one of its biggest aims was to update what planners call "concurrency" requirements - the rules stating that public facilities must be available concurrent with or shortly after the completion of any new development.

It added schools to the list of public facilities that need to be in place, a requirement that goes into effect at the beginning of next year.

The act also tightened the requirements for roads, and those went into place Jan. 1. It did include a break for developers who worried that the new rules would shut them out of building strip malls and subdivisions on every overcrowded road in the state.

Called "pay and go," this provision allows developers who pay their share of improvements to substandard roads to build along them, even if expected road improvements would not be finished for several years after the project was completed.

That is similar to what the county began requiring in early 2005 after the state gave a 3-mile stretch of State Road 50 an "F" grade because it was handling far more traffic than it was designed for.

At first the county declared a building moratorium along that part of the road - between High Point Boulevard and the Suncoast Parkway. A month later, in April 2005, it decided to instead seek extra money from developers to help fix the problem, asking them to contribute to frontage roads or other improvements to divert traffic from the state highway.

The projects approved since then have complied with this policy. For example, Diversified Properties, a developer that planned to build a shopping center near the entrance of the Brookridge mobile home community, had agreed to pay the county $1.3-million in transportation improvements before deciding to pull out of the project.

Would the county receive as much with the new state law in place? Probably not, Mixson said.

The law establishes a strict formula for such payments based on the amount of traffic each project is expected to create. Russell said this may increase payments to the county. It is also fairer to developers, he said, because it establishes the true impact of the development.

But Mixson said it gives the county less room to negotiate.

For example, for projects where the current rules require a developer to pay 10 percent of the cost of a road improvement, Mixson said, "before we would have asked for 25 percent. Maybe we would have settled for 15 percent, but we would have asked for 25."

The new law also restricts how that money can be spent. With few exceptions, it must go toward projects that are included in the county's five-year capital improvement plan.

That prevents the county from improvising frontage road designs to take pressure off SR 50. But Ron Pianta, the county development director, thinks the restraints will have little impact on the county.

SR 50 between U.S. 19 and Mariner Boulevard is already on the county's five-year plan, he said. So are some of the roads that will run parallel to the highway that are designed to siphon local traffic.

If the law does prevent building new developments on overcrowded roads that the county does not plan to improve, that may be a positive thing, Pianta said.

The main criticism of the growth management law two years ago was that it didn't really control growth. Critics said it only enabled local governments to pay for more roads to allow more growth.

As the transportation element goes into effect, that may prove not to be the case, Pianta said.

"It allows growth where you are going to do the improvements," he said. "In a sense it does direct growth to the main corridors."

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

Developer wants more tests on land near contamination

BY CHRISTOPHER O'DONNELL

TALLEVAST -- A legal battle between the state and a developer could further delay the cleanup of contaminated ground water in Tallevast.

Trey Desenberg, who is planning a 37-acre industrial park in Tallevast, is asking a judge to rule that the state was wrong to sign off on a survey it says shows how far ground-water contamination from an old beryllium plant has spread.

Lockheed Martin, the company responsible for cleaning up the contamination that covers more than 200 acres, is already working on a plan to remove the pollution from the ground water. But until a judge rules on the case, the company will not be able to finalize the plan.

A hearing has been set for Feb. 13, but it may be weeks or months after that before the judge makes a ruling.

"It's hard to speculate what that might impact," said Gail Rymer, a spokeswoman for Lockheed. "I don't believe it requires additional surveys or that it won't be taken care of in the next round of sampling we have to do."

Lockheed's most recent survey shows that some of the ground water underneath Desenberg's property is contaminated.

But attorneys for Desenberg say there has not been enough testing on other parts of Desenberg's property at the northwest corner of Tallevast Road and U.S. 301.

Ralph DeMeo, Desenberg's attorney, said there was a danger that the cleanup plan would leave contaminated areas untouched. Concern about pollution could also hinder Desenberg's plans for a commercial park.

"We would need to be able to reassure local government and future tenants that there would not be any impact," DeMeo said. "Until the assessment is done, we would not be in a position to do that."

Desenberg's decision came as a surprise to Tallevast residents, who after protesting against his proposed commercial park now find him siding with their request for more testing.

"It shocks me even more because it's Trey Desenberg, and we as a community had issues with him building on that property," said Wanda Washington, vice president for the community group FOCUS. "For him to file saying there may be more contamination surprises me.

The polluted ground water at Tallevast has been traced to a former American Beryllium Co. plant, which for nearly 40 years built parts for nuclear warheads under contract with the federal government.

Lockheed became the owner of the site in 1996 when it acquired Loral Corp.

It later sold the property, but not before discovering soil and ground-water pollution on and around the site. In 2000, Lockheed notified county and state officials of the pollution.

DeMeo said that since filing the petition, Lockheed has agreed to do more testing. But unless the petition is dropped, the deadline for Lockheed to submit a plan will continue to slide, said Pamala Vazquez, a spokeswoman for the Florida Department of Environmental Protection.

"We're still continuing conversations with Lockheed Martin, but the time clock on their remedial action plan has not yet begun yet," she said.