50,460 more residents, even more jobs in plan

By TERESA LANE  

Palm Beach Post Staff Writer  

Friday, July 06, 2007

PORT ST. LUCIE — The city's final frontier could one day house 50,460 people and provide even more jobs in a patchwork community of 7,900 acres where endless rows of citrus trees and cows now dominate the landscape.  

Those are the findings of a master plan commissioned by the owners of 370 acres who are seeking to annex their land west of Glades Cut-Off Road and south of Midway Road into Port St. Lucie, joining owners of an additional 5,372 acres who already have expanded the city's northwest reaches.  

 With 47 landowners and 7,923 acres total inside the city's urban services boundary in northwest Port St. Lucie, city officials put a moratorium on annexations in January after concerns that the big picture was not being studied.  

Landowners Don Santos and Graves Brothers Co. hired planning firm Land Design South to sketch possible land uses using a proposed road network and estimate how many schools, parks, stores and homes would be built to ensure future developers contribute to the area's needs.  

In all, the master plan envisions 50,458 residents, 57,590 jobs and four school sites, including one high school and three schools for kindergarten through eighth grade. The massive area could be home to 12 million square feet of office and retail space, 4 million square feet of industrial space and 472 acres of parks, the study suggests.

Santos , who managed to get the first 180 acres of his proposed Orange Lake Crossings annexed before the moratorium took effect, said he hopes the master plan will allow city officials to resume annexations with an eye on the bigger picture.  

"When you have two or three landowners, like they had in the southwest annexation area, the planning is much simpler than when you have 50," said Santos , who owns 246 acres in the region. "A small landowner might have to donate land or cash for a bigger purpose."  

City officials adopted a tentative road grid in the northwest territory that pencils in seven major roads, ranging in size from two to six lanes and crisscrossing dozens of owners' properties.  

Mayor Patricia Christensen has expressed concern that if some landowners never seek annexation, the city may have little authority to order roads built in those sections.  

Development Decisions Shouldn't Be Based On Neighborhood Gifts

Tampa Tribune editorial

Published: July 6, 2007

It's no surprise that developers would offer concessions to neighborhood associations to secure their support for new construction projects. After all, the voice of neighborhood associations rings loudest when zoning decisions are made at City Hall and County Center .

What's surprising is to learn that one emboldened association may have demanded money to support a zoning change. Tampa Police are investigating.

Given the growing number of side deals between developers and neighborhood groups, Tampa City Council is right to create a rule that prohibits people from demanding money or improvements in exchange for lending their support to a zoning request. If deals are collaboratively struck, the rule would require full disclosure of the terms.

Certainly, developers should work closely with civic associations to ensure their projects add value to neighborhoods. But it hurts the community as a whole if a group of neighborhood activists can extort concessions for a small group, especially if the project should rightfully be rejected.

None of this means builders should be prohibited from making neighborhood improvements, even those unrelated to their developments. Sometimes new construction provides a rare opportunity to fix streets, sidewalks or gutters in existing neighborhoods at reasonable costs.

But as Councilmember Charlie Miranda, who has highlighted the issue, says, the public should know if a civic organization that has endorsed a project has something to gain from its approval.

Ed Turanchik, who develops homes in West Tampa , says, 'If it's a quid pro quo, it should be stopped.'

The city is saying little about the police investigation of a development deal in the Lincoln Gardens/Carver City neighborhood, where it's alleged that certain demands were made.

However, Miranda questioned a side deal attached to a West Tampa development, where 22,000 square feet of office space will be mixed with about 300 apartments, 100 condominiums and seven town homes. The project was approved last week.

The Morin Development Group had offered a $225,000 grant to the West Tampa Community Development Corp. to fund home repairs for existing neighbors and help first-time area homebuyers with down payments. However, the concession was withdrawn after Miranda rightly objected to the lack of city oversight. The city's professional staff, not the CDC, should administer any such program.

When making zoning decisions, elected officials often stand against property owners if a neighbor opposes the project. While neighborhood sentiment is important, it should not be the ultimate determinant of a project's fate. Other critical factors are whether the project complies with the city's comprehensive growth plan, whether it meets architectural standards and whether it would unduly affect roads, schools or the environment - all of which are assessed by city staff.

The professionals are not always right and residents often raise important questions.

But so long as a project's approval is heavily dependent on neighborhood support, the temptation to offer side deals will continue and the community as a whole will pay the price.

OrlandoSentinel.com

Special Report

X-way uses same bond salesman -- for 22 years

Dan Tracy  

Sentinel Staff Writer  

July 6, 2007  

  Central Florida 's toll-road agency has borrowed more than $3.3 billion during the past two decades for various projects, and each deal had a common denominator: Norman Pellegrini.  

Even after he switched employers, the 59-year-old Pellegrini still won what amounts to a five-year contract extension last summer with the Orlando-Orange County Expressway Authority. The job he held on to is called lead bond underwriter. It is a lucrative award, worth more than $5 million to Pellegrini's two employers through the years.  

Pellegrini's extended tenure as the agency's top bond salesman is unusual in public circles but emblematic of how the expressway authority has been run and why it has come under fire for close relationships with consultants.  

Many of the region's other public agencies have rules that make it almost impossible for one salesman or company to maintain such a role. Among the concerns of having the same lead underwriter is that it can call into question whether the agency is getting the best deal possible.  

Orange County Mayor Rich Crotty -- installed earlier this year as the agency's chairman -- said the Pellegrini contract points to a recurring problem at the agency.  

Consultants win a contract, then over time seemingly become so entrenched with authority managers that they become thought of as full-time staff, essentially making them immune to turnover.  

The agency's general engineering consultant, for instance, has held the contract for 21 years and just won another extension that could last 10 years. The former marketing consultant, who last year lost his contract in a billing dispute, held his job for more than a decade.  

Crotty said the "appearance" of such long tenures sends the message to other financiers of "don't bother to reply" to bid requests.  

Ties go back 22 years  

No one has enjoyed a longer affiliation with the authority than Pellegrini, a former quarterback at Indiana State University who came to Central Florida 34 years ago to work for Jim Harris, then Orange County administrator.  

He won his first contract with the authority in 1985 while working for PaineWebber and has kept it ever since.  

Pellegrini now runs the southeast region for Citigroup, the largest issuer of municipal bonds in Florida . He switched to Citigroup in 2005.  

No written agency records document why Pellegrini's new company was awarded a three- to five-year contract last summer with the authority.  

Agency executives wrote in an e-mail responding to written questions by the Orlando Sentinel that "Mr. Pellegrini and his team have provided the authority with comprehensive service and diligent advice during a time of great challenge and change in the organization, the environment and the industry."  

Consistently using one lead underwriter, the authority said, "provides continuity. We have experienced a willingness on the part of the firm acting as lead manager to commit a higher level of service knowing they will be lead manager for a defined, uninterrupted period of time."  

Pellegrini would not comment for this article. He referred instead to a statement issued by the New York City headquarters of Citigroup.  

It read, "Citigroup is proud to be the leading underwriter of municipal securities out of Florida for the last 20 years. We take great pride in our commitment to providing exceptional client service and strive to employ people who can maintain that level of client service."  

Pellegrini's companies have been the top underwriter, or a senior manager, on the authority's past 11 major bond sales, stretching back to 1986. He also has sold bonds for other agencies, including the Greater Orlando Aviation Authority, the city of Orlando and the Orlando Utilities Commission.

A dominant player  

Other national financial concerns such as Wachovia, Bear Stearns and Merrill Lynch also sell bonds for the expressway authority but usually in smaller lots than Pellegrini's firms. As the lead underwriter, Pellegrini's company typically handles at least 30 percent of a particular sale.  

It is difficult to say exactly how much Pellegrini's employers have made because public records show only the combined amount of commissions the authority pays to all of its underwriters. Since 1988, that total is $17.6 million. At 30 percent, the two companies that have employed Pellegrini likely earned about $5.3 million.  

In addition to his consulting duties, Pellegrini is the unpaid treasurer of a charitable foundation run by the authority. Most of the money the foundation raises comes from contractors doing business with the authority.  

The foundation, which puts on an annual golf tournament and disburses the surplus money to charity, has divorced itself from the authority in the past few weeks at the request of Crotty after several media reports about its finances. Crotty said he did not like the perception that consultants might have been unduly influenced to contribute.  

Crotty replaced Allan Keen as authority chairman earlier this year and pushed through a board policy calling for contracts with long-serving consultants to be put out for bid.  

Pellegrini's current contract has another two years to run, plus two one-year extensions at the authority's option. Crotty said he was aware of no "defects" in the award, meaning it would not be rebid until it expires.  

Scoring sheets -- filled out during most authority bids to rank competitors seeking work -- were not used when Citigroup beat out Pellegrini's old firm, UBS Wealth Management U.S., formerly UBS PaineWebber, last June. Minutes of the meeting, led by Keen, do not reflect why Citigroup was chosen, revealing only the final rankings of the finance team.  

Keen would not comment for this article. The authority's e-mail to the Sentinel stated that scoring sheets were not used because too many firms applied for the bond work.  

A similar number of firms applied for underwriting work in 2002, when an authority panel -- again led by Keen -- chose UBS as the top manager. Scoring sheets were used then to narrow the applicants for lead underwriter to the top four, but no records were available indicating why UBS was picked No. 1.  

Orange County Comptroller Martha Haynie, whose staffers are finishing an audit of the expressway authority's books, said she thinks the agency would be just as well-served going with the lowest bid, rather than negotiating deals -- as it does with Pellegrini and other financiers.  

"I don't know that the expressway authority is unique," Haynie said.  

Jay Hamburg of the Sentinel staff contributed to this report. Dan Tracy can be reached at 407-420-5444 or dtracy@orlandosentinel.com.  

Deal to preserve famous landmark inn falls through  

By ANNE GEGGIS

Staff Writer  

DAYTONA BEACH -- A second deal that would have insured a permanent home for the city's most famous ghost has disappeared into thin air.  

A couple who intended to run a bed-and-breakfast inn at Lilian Place were not able to close the deal on the beachside's oldest home.  

The deal's evaporation has again raised the specter that the 123-year-old house that's famous in local folklore could fall to a wrecking ball to make way for condominiums. The riverfront house and the 0.9 acres on which it sits on Silver Beach Avenue has been reduced from its initial $2.3 million asking price to $1.8 million.

History buffs -- who were galvanized by Lilian Place 's possible demolition into forming a preservation group called Heritage Preservation Trust -- said they fear the price makes it more likely to become like the property across the street, which had been the Gamble property before it became condominiums.  

"Absolutely, it's in danger," said Nancy Long, president of the 16-month-old trust and a South Daytona city councilwoman.  

Before this deal, an oceanfront developer had expressed an interest in preserving the home, built on the east end of the Silver Beach Bridge and famous for housing the author of "The Red Badge of Courage" after he was shipwrecked off Ponce Inlet. But that commitment collapsed when the current owner, Mike Riccitiello, declined to lower his price to what the developer would accept.  

One year ago, a hot real estate market sent bulldozers to historically significant structures such as the oceanfront King's Mansion, McCrory's department store on Beach Street and Portledge, a riverfront estate. A cooling real estate market has not entirely relieved the problem, however.  

The Heritage Preservation Trust has been stymied in getting protection from the city against development in historic districts.  

As efforts to preserve the city's historic areas have gone forward, a discovery was made that several districts recognized by the National Registry of Historic Places -- such as Lilian Place 's district -- are not under the protection of the city's Historic Preservation Board. At the moment, the Historic Preservation Board protects one district just south of Orange Avenue , making it more difficult to bulldoze historic structures there.  

Pat Bennett, whose family owned Lilian Place for more than 100 years, said she's hoping the home's fame will save it. The story of Lucile, a ghost said to roam the widow's walk atop the structure, is well known enough, she said.  

"I'm always worried about it," she said. "But this house is on the map. There would be a lot of reaction if it were sold for condos.  

"I just hope and pray someone will buy it and preserve it," she added. "We don't want Lucile moving here."

Mixed-use development set to open by the spring of 2008  

HAINES CITY - Residents of Haines City won't have to outsource their shopping sprees to Lakeland , Tampa or Orlando much longer.

Posner Park , the $500 million mixed-use development at the southeast corner of Interstate 4 and U.S. Highway 27 in Davenport , is expected to open in the spring and fall of 2008.  

Target, J.C. Penny, Belk, Dick's Sporting Goods, Best Buy, Staples, Ross, Michael's, PetSmart and Books-A-Million are the 10 anchor tenants building about 500,000 square feet of retail space on 80 acres.  

Target will be 127,000 square feet and the first store to open.  

Also, the project will have a mix of retail shops and high-end boutiques, upscale officers, restaurants, a hotel, multi-family residences, entertainment and cultural venues and pedestrian parks.  

Posner Park was the former baseball city complex and Kansas City Royals' spring training facility.  

According to Jane Patton, executive director of the Haines City-Northeast Polk County Regional Chamber of Commerce, shoppers in Haines City have been neglected for too long.  

"It's a good thing," Patton said. "It will bring awareness to how much disposable income we have as a community."  

Patton doesn't see the development as a threat to mom-and-pop shops in the city.  

"I think people who already shop at big-name stores will continue to shop there," Patton said. "It will just be closer to them."  

Patton said Posner Park will have a good affect on the local economy and help spin off other restaurants and shops.  

Representatives of Posner Park will be featured speakers at the Economic Development Council for the Haines City Chamber of Commerce at its July 19th luncheon at 11:45 a.m. It will be at First United Methodist Church at 21 South Second Street.  

jessica.levco@newschief.com

Ocala Electric seeking new power sources

As population grows, so does demand for energy, which is growing scarce.
BY FRED HIERS
STAR-BANNER

OCALA - Now that investors, including Ocala Electric Utility, have doused plans to build a coal-fired power plant in North Florida , the utility is trying to figure out where it will obtain the power that the new plant would have provided.

The problem for Ocala Electric is threefold: population growth, the rising demand for electricity and the utility's almost complete dependence on a single source of power.

"The population is growing at such a large rate that it's hard to supply energy to meet the growing load," said Becky Mattey, director of Ocala Electric, which serves about 50,000 customers.


And when Ocala goes shopping for spare power, it doesn't have much luck.

"We don't get a response because they [electricity providers] are having a tough time meeting their own" demand, she said.

To make the problem worse, Mattey said, the utility gets almost all its power from plants burning natural gas. That leaves it vulnerable when the price for the resource fluctuates.

Ocala Electric is a member of All Requirements Project, which is a group of 15 municipalities, of which Ocala is the largest. The group pools its money and buys power together.

All Requirements Project was partnering with the energy consortium planning to build a coal-fired plant in Taylor County . The consortium would have received 300 megawatts from the 800-megawatt producing facility.

Currently, All Requirements Project, of which Mattey is chair, owns a gas-fired plant in Key West and is building another in Fort Pierce .

It plans to build another gas-fired plant in either Leesburg or Ocala .

All Requirements Project also owns a small percent of the Progress Energy nuclear power plant in Crystal River and is trying to invest in the plant that Progress has proposed building in Levy County .

Investors in the Taylor County plant walked away from their plans after the Public Service Commission denied another group's application to build a coal-fired plant in Glades County .

Gov. Charlie Crist has also urged utilities to look at power alternatives and steer away from coal-fired plant construction.

Mattey said the coal-fired plant would have allowed Ocala to diversify its energy supply. Ocala uses as much as 326 megawatts of power per hour during its peak demands, Mattey said.

All Requirements Project's annual budget is $650 million. In addition to the electricity it gets from its own plants, the group also buys power through the Florida Municipal Power Agency.

Meanwhile, the contract under which two energy suppliers - Lakeland Electric Utility and Progress Energy - sell electricity to the Florida Municipal Power Agency ends in December.

"The contract has been a loser for [ Lakeland ]," said Jim Pennington, Lakeland Electric deputy general manager.

After December, Lakeland will sell its excess power to FMPA, based on changing daily rates tied to supply and demand, Pennington said.

Mattey said her focus is no longer on the shelved Taylor County project.

"That didn't really surprise me," she said. "My concern now is we have to get back to work and ensure that we have enough [electrical power] for our customers."

Fred Hiers may be reached at fred.hiers@starbanner.com or (352) 867-4157.

Arborists want developers to protect trees

Goal is to go beyond fulfilling the minimum standards  

BY JESSICA GREENE

STAR-BANNER  

OCALA - Local arborists believe education is a key component in preventing the city from becoming a concrete jungle.  

In August, the city will host "Building with Trees," a tree preservation seminar presented by the National Arbor Day Foundation. The goal is to encourage tree-saving efforts among developers and builders by providing education about the benefits of saving trees.  

"There's a cost associated with tree preservation, but there are also benefits. We want to work with developers to get them to realize these benefits," said Betty Young, arborist for the city of Ocala .  

In addition to adding a pleasant visual element to a property, trees aid with water retention and help save energy, said Greg Barton, a Marion County forester for the Florida Division of Forestry.  

Arborists hope a thorough understanding of tree preservation and its benefits will entice developers to go beyond the minimum standards required by Ocala 's landscape ordinance.  

Incorporating tree-saving practices while working with the bottom line can be a struggle for developers and finding a balance between the two is sometimes difficult, said Ken Ausley, co-owner of Ausley Construction, the builder for the First Avenue Bank on the corner of Southwest 10th Street and Second Avenue .  

First Avenue Bank is spending additional dollars to make sure the lot's four specimen trees - large, healthy oak varieties - are preserved, he said.  

"We all chose to live here because it's beautiful, and I think it's the right thing to do," he said.  

During the beginning development stages, Ausley Construction consulted a landscape architect and a certified arborist.  

Many times developers contact arborists after they have purchased a property and made building plans. This can become problematic when a developer realizes extra measures may have to be taken to maintain the trees it has chosen to keep or replace.  

A proactive approach toward preservation is essential to saving trees in a manner that is cost-effective for the developer, said Mike Daniels, a city planner.  

"The more they know ahead of time, the more they're going into it with their eyes open," he said.  

Lack of information among developers and other agents of growth regarding preservation and its benefits is the main reason we don't see more preservation efforts, said Young.  

"As our city develops, if we don't educate people about the importance of our canopy, it won't be here for the next generation," she said.  

Tree preservation tends to be an afterthought for many developing areas, but the sooner the issue is addressed the better chance there is for a community to keep its tree canopy, added Barton.  

The city of Ocala 's current landscape ordinance outlines tree preservation and replacement requirements. Soon, however, the ordinance will be revised to allow developer concessions and define more clearly the quantitative and qualitative value of trees.  

"We want to reward those that make an effort," said Daniels.  

Jessica Greene can be reached at 732-7159 or jessica.greene@starbanner.com.

Club's plans for wall on tortoise-inhabited land upset neighbors

By RACHEL SIMMONSEN

 

Palm Beach Post Staff Writer  

Friday, July 06, 2007  

The wall isn't finished and already it's causing division.  

Residents of The Yacht and Country Club near Stuart say the concrete and steel-reinforced wall will improve the look of the Martin County-owned strip of land sandwiched between the country club and houses to the east.  

Neighbors have complained that the wall's construction could harm gopher tortoises.  

And for a while, there was a dispute over whether any tortoises were there at all.  

"They can have their wall, but we're concerned about the environment," said Pam Hough, 53, who lives at the end of Palmetto Street in a house adjacent to the yacht club south of Stuart. "That piece of property has been there for years and years and years."  

Representatives of the yacht club approached the county in April, asking for permission to clear much of the vegetation in a 40-foot-wide strip of land and allow heavy machinery there to build a section of the wall, according to county environmental planner Kathy Roberts.  

The yacht club started building the wall three years ago along the other borders of the community, said Charles Stracuzzi, president of the club's property owners association. All that remains to be built is the 3,700-foot L-shaped section parallel to Jefferson Street and the northeastern boundary of the community.  

Neighbors, who learned of the project from notices distributed days before the intended start date, raised concerns about wildlife on the property, particularly gopher tortoises, Roberts said. So the county's environmental division advised the engineering department, which handles requests to access county right-of-way, to request an environmental survey, which it did.  

The yacht club hired Stuart-based EW Consultants. The firm reported it found no gopher tortoises and no burrows on the county land, which measures a total of about 2.3 acres.  

Neighbors weren't satisfied. One called the Florida Fish and Wildlife Conservation Commission. On June 15, Roberts said, she got a call from a state wildlife officer, who said he was at the site and had spotted tortoises and burrows.  

A revised report, which EW Consultants submitted to the county June 25, notes eight tortoise burrows on the land.  

"It's just appalling," said Carol Burke, 61, who lives on Oakland Street , which runs perpendicular to the proposed wall. "I can't believe that an environmental engineer went in there and said he couldn't find them. These are not small nests. They are very easy to spot."  

"I'm not going to sit here and make excuses," said Ed Weinberg, who owns the consulting firm. "We stopped short and made a mistake."  

Weinberg said he didn't do the survey himself; the person who did misunderstood the boundaries of the county land, stopping before reaching the end, where the burrows are congregated, he said.  

The yacht club's permit to access county land is on hold as the county considers what activity to allow on the land, said Lisa Wichser, traffic administrator in the county's engineering department.  

Stracuzzi favors moving the tortoises off site. The heavy machinery needed to build the wall can approach the site from the country club side of the property, but it still would be too close to the gopher tortoises along three houses, Stracuzzi said.  

State law requires that any construction has to take place beyond 25 feet from the opening of any burrow, said Joy Hill, a spokeswoman for the Florida Fish and Wildlife Conservation Commission. Moving tortoises requires a special permit, "which doesn't happen overnight."  

If the county doesn't allow the yacht club to move the tortoises, the yacht club will have to settle for a concrete-and-iron fence, instead of the wall, along those three houses, Stracuzzi said. The fence doesn't require the heavy machinery needed to build a wall.  

But the fence, Stracuzzi said, wouldn't look as nice as a continuous, uniform wall.  

Neighbors outside the yacht club say they're not opposed to the wall. It's how the wall was proposed - without their input - and the threat to wildlife.  

"What I was upset about is that a county would issue a permit without letting the residents who would be affected have a voice," Hough said.

At least some county officials say the controversy over the proposed wall raises a broader issue: what to do about companies that perform substandard work. County Commissioner Lee Weberman said he isn't aware of any other problems with EW Consultants. But he said this incident made him question whether the county needs to have a process for dealing with companies that repeatedly do shoddy work for the county or for private companies whose projects require county approval.  

"When we get substandard work, be it on county or private projects, there just doesn't seem to be any recourse taken," Weberman said. "People lose confidence in the system."  

Weinberg said, "This is my first mistake like this."  

Whatever the outcome for the yacht club's proposed wall, Hough said the current mess could have been avoided.  

"So much could have been solved if we had just sat down at the beginning," she said. "Why can't they come from their side, be a little bit sensitive to their neighbors and the environment?"

OrlandoSentinel.com

Montverde awaits water-plant vote

Owners of new homes, businesses may have to pay one of area's highest fees

Robert Sargent  

Sentinel Staff Writer  

July 6, 2007  

MONTVERDE 

New residents may be forced to pay huge impact fees to cover the cost of a new water plant.  

The town has operated for years with two aging water plants to serve more than 650 customers. The utility is reaching its limits, and some worry what may happen if one of the plants were to break down.  

A proposed third plant would bolster the town's water system and provide utility access for hundreds more homes and businesses. Construction could cost up to $2.4 million.  

Question is, who should pay?  

The Town Council is expected to vote Tuesday for what could become one of Central Florida 's highest water-impact fees. New homes and businesses that connect to Montverde's utility may be forced to pay $4,532 each to cover the cost of the new plant.  

The council meeting begins at 7:30 p.m. at Town Hall on Sixth Street .  

"People are going to have to pay for what they want," Mayor Dale Heathman said.  

Montverde already has land on which to build the water plant near County Road 455 and Fosgate Road . The plant could cost $1 million, and a new well could cost $350,000, according to town reports.  

An elevated tank to provide up to 250,000 gallons per day would cost another $450,000. Extending water lines from the new plant, through a proposed development area and back through the town's existing utility is $462,000. Montverde could pay $40,000 for consultants to help get a water permit from the St. Johns River Water Management District.  

The town has about 1,200 residents. It expects to add 475 homes and 55 commercial properties in the next 19 years.  

Splitting the $2.4 million for the new water plant among those new homes and businesses would create the proposed impact fee of $4,532. The town charges $1,800 to hook up new customers and to add a water meter on their properties.

Montverde raised water-use rates a few months ago -- an average increase of about $5 per customer -- to cover the rising expense of providing water in town. Officials say another hike is needed as the utility expands.  

Council member Billy Miles said the town has charged low rates for years, but the increases are needed to keep providing water.  

"We've been so low," Miles said. "We've got to have water."  

Montverde now has two water facilities -- a 150,000-gallon water tower and a 40,000-gallon pressurized water tank. Town officials say that if the tower site fails, they can serve current customers with the other facility.  

But as the town grows, they say, there will not be enough water to go around. That makes the third water plant even more important as Montverde adds new homes.  

Proposed developments include the 78-home Montverde Estates on C.R. 455 and more than 100 homes planned at the Osgood Groves site off Lake Apopka .  

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

Golf course watering proves costly

By STACEY SINGER

 

Palm Beach Post Staff Writer  

Friday, July 06, 2007  

Finding an alternative water supply to irrigate Palm Beach County 's barren golf course west of Boca Raton could cost the public $7 million to $16 million, a new report shows.  

It's a price tag that's too steep for county managers' taste.  

The nearly finished 27-hole golf course at South County Regional Park may now sit without grass for months or even years while a smaller special events area and amphitheater are landscaped, County Administrator Bob Weisman said Thursday.  

The recreational area north of Glades Road has been nine years in the making. Hurricanes and contractor problems pushed its ultimate price tag, including debt service, well past the $40 million mark. That was before the drought forced a halt to construction this spring. Adding $10 million more to its final cost is a tough sell right now, with property tax mandates reform forcing spending cuts, Weisman said.  

"My first goal is to get water for the amphitheater property," Weisman said. "That's a much lesser quantity. Then we can evaluate."  

During the dry season, the total project would need around 1 million gallons a day of fresh water to maintain its turf and plantings. Because the park sits next to a federal wildlife refuge and an Everglades restoration project, the county has had difficulty winning permission to drill its wells.  

A permit was issued and then rescinded a month later in April, after public outcry caused water managers to take a second look. They found that new rules on alternative water had not been applied to the project. Meanwhile, the regulator who green-lighted the permit was found to be renting a home from the consultant hired to win it.  

The regulator resigned, and consultants hired by Palm Beach County 's water utility began to take a hard look at how to water the grass with something other than fresh drinking water.  

The consultant, Jordan, Jones & Goulding, looked at four ways of irrigating the 500-acre project. Those alternatives included digging a deep well into the Floridan aquifer and removing excess salt through reverse osmosis; building a sewage water reclamation plant; recovering the water from reclaimed concentrate; or extending pipes 10 miles to the nearest connection point for reused sewage water.  

The consultant favored extending the pipes from Atlantic Avenue west of Delray Beach to the end of Glades Road . Total cost: $7 million to $9 million.  

The pipes could send reclaimed water to eight other golf courses along that route and save up to 5 million gallons of drinking water a day during peak demand, the consultant found.  

"Overall, extending reclaimed water system is expected to have a life-cycle cost that is 30 percent less than the next least costly alternative," the report states. "Giving this project priority and using an aggressive schedule, it can be installed in 16 months."  

While the water users would pay fees, their bill wouldn't cover total costs, said Water Utilities Director Bevin Beaudet.  

"My recommendation to the county administrator is that I'd rather spend that money elsewhere," Beaudet said. "I won't recommend any of this."  

Downsizing the golf course project may prove the most feasible option, said Chip Merriam, deputy executive director at the water management district. A second look at the project found that it would have a measurable impact on the adjacent Arthur R. Marshall Loxahatchee National Wildlife Refuge, Merriam said.  

"At this point, we've got more information in, and it has to be taken into account," Merriam said. "We're having a very difficult time seeing a scenario where (1 million gallons a day) won't have an impact on the refuge."

Five Lafayette County farmers CARES recipients

By Ira Mikell, Mayo Free Press Reporter

Stormy weather could not deter a large crowd of approximately 800 to 900 farmers, their families, and friends from enjoying an evening of fellowship and entertainment at Dwight Stansel’s farm located on CR 49 several miles southeast of Live Oak. The event was the seventh annual CARES Recognition Dinner which commenced at 5:30 p.m., on Thursday, June 28, and ended several hours later.

The attendants were guests from the counties of Lafayette , Suwannee, Madison , Gilchrist, Jefferson , Leon , Hamilton , and other surrounding farming communities. Everyone enjoyed a home cooked meal consisting of steak, potatoes, rolls, dessert, sweet tea, and other tasty delicacies. They also ate corn on the cob, boiled peanuts, and watermelon.

Also in attendance were several guest speakers: Florida Agriculture Commissioner Charles Bronson; Florida Farm Bureau President John Hoblick; Mike Sole, Florida Department of Environmental Protection Secretary; Niles Glasgow, State Conservationist of the Florida Natural Resources Conservation Service; Dr. Jimmy Cheek, Vice President of the Institute of Food and Agricultural Services at the University of Florida; and Louis Shiver, Suwannee River Water Management District Governing Board Member. These individuals stressed the importance of agriculture in our community and also praised the farmers and their families for their hard work and dedication to the profession.

A total of 57 farmers were recognized and honored for their outstanding achievements in farming practices. Each recipient received a certificate of achievement from Bronson and Hoblick. “The old adage that farmers are the best environmentalists is proven by this event. I congratulate all of this year’s winners. Like these fine producers, Florida Farm Bureau is committed to the CARES program for the long-term. What we have accomplished shows that farmers and ranchers are outstanding stewards of our land—our basic resource,” Hoblick said.

Among those honored were five Lafayette County farmers, Bryan Prine, Terry Folsom, Scott Prine, Randy Moses, and Fred Moses.

The acronym CARES stands for “ County Alliance for Responsible Environmental Stewardship.” In order to receive a CARES certificate, applicants are required to be excellent stewards of the land and implement effective farming practices that protect the environment. They also receive a sign on their property that designates them as a “This Farm Cares.”

From Sturgeon To Surgeon: Flying Fish A Hazard

By ABBY GOODNOUGH, The New York Times

Published: July 5, 2007

BRANFORD - 'Lots of artillery out there,' an old man hollered from the safety of the Suwannee River 's edge, and he was right. The sturgeon were jumping high and fast, twisting their armored girth in midair and returning to the depths with a stunning splash.

On the water, there was reason to be anxious. Florida 's season of 'sturgeon strikes' - law enforcement's term for collisions between the state's largest freshwater fish and hapless boaters - was well under way.

It may seem bizarre, but it is no joke. Leaping sturgeon have injured three people on the Suwannee so far this year, including a woman on a Jet Ski and a girl whose leg was shattered when one of the giant fish jumped aboard her boat. Eight others were hit last year, and with traffic growing on the storied river, sturgeon are joining alligators and hurricanes on the list of things to dread in Florida .

'These injuries are very impressive,' said Lawrence Lottenberg, director of trauma surgery at the University of Florida College of Medicine in nearby Gainesville .

'You've got people sitting on the front of an open boat, and the boat is going 20, 30, 40 miles per hour. The fish jumps up and usually slaps these people right across their face and upper chest. Almost every one of them universally has been knocked unconscious. If you're not wearing a life jacket, you're going to fall in the water and potentially drown.'

Fortunately, most sturgeon in Florida stick to the Suwannee, which winds 265 miles from southern Georgia to the Gulf of Mexico . Known as gulf sturgeon, they migrate between the river, where they spawn in spring and relax in summer, and the Gulf, where they return in the fall to feed.

They have no teeth or temper, only a pressing, mysterious urge to jump all summer long.

'You'll be sitting out there,' said Melanie Carter, who boats on the river with her husband, 'and then all the sudden, 5, 10 feet away from you, a big one will jump up and scare you half to death.'

Sturgeon have been around since the dinosaur age, and they look it. They have long, flat snouts and hefty bodies covered in sharp, bony plates. Gulf sturgeon can grow up to 8 feet long and weigh 200 pounds, but even the smaller ones can inflict serious harm. In recent years, injuries have included a broken pelvis, a fractured arm and a slashed throat.

Brian Clemens was motoring down the Choctawhatchee River in the Panhandle in 2002 when a sturgeon 'jumped up and hit him dead center in the chest,' said his wife, Joy. It broke his ribs and sternum, collapsed a lung and put him in intensive care for three days, she said.

'There's a permanent dent in his chest where that fish hit him,' she said.

Wildlife officials have posted signs warning boaters to slow down. Leah Daniel, a friend of Carter, said there was only one other precaution to take: 'Pray.'

Fear is not rampant on the gentle river, lined with ancient cypress trees and moss-draped live oaks, but curiosity is. No one knows for sure why sturgeon jump.

The federal government has listed gulf sturgeon as threatened since 1991, and for nearly a quarter-century Florida has outlawed catching them. Parker said there were now 3,000 to 5,000 of them in the Suwannee ; Ken Sulak, a biologist with the U.S. Geological Survey, puts it closer to 7,000.

But with more people using the Suwannee, more farm waste flowing into it and urban regions eyeing it as a source of water, the sturgeon's future is uncertain, said Bill Pine, a fisheries professor at the University of Florida .

Crist Builds Record Against Coal

By DAVID ROYSE, The Associated Press

Published: July 4, 2007

TALLAHASSEE - The future of coal as fuel for generating electricity in Florida is 'not looking good,' Gov. Charlie Crist said Tuesday after the second setback in a month for utilities seeking to build coal-fired plants.

A group that was planning to build a coal plant in Taylor County , southeast of Tallahassee , said Tuesday that it was suspending its efforts to get a permit in the face of 'growing concerns about greenhouse gas emissions.'

The decision, hailed by Crist as good for Florida , comes about a month after the state's Public Service Commission rejected a coal power plant that Florida Power & Light, the state's largest electric company, wanted to build near the Everglades .

Crist said Florida is moving away from coal as a power source because burning it produces carbon dioxide emissions that are blamed for causing global warming. The governor spoke at a news conference in which he was promoting his upcoming trip to Miami to meet with national leaders on global warming.

'We're obviously moving in a different direction, and I think we need to continue to explore solar, wind, nuclear - other alternatives that are clean emission,' Crist said. 'Continuing to rely on foreign oil and coal I don't think is in the best interest of our state.'

Still, Crist signed legislation this year that encourages construction of coal gasification power plants, a type Tampa Electric Co. has said it wants to build in Polk County . TECO has said it wants to open the plant by 2013, but the Tampa-based utility has not made any filings with the state seeking permission to build it.

Coal gasification plants produce significantly fewer emissions than conventional coal-fired facilities but cost up to 20 percent more to build. The plants convert coal into cleaner-burning gas, which is used to generate electricity. But the biggest benefit of the plants is that they can easily be equipped to capture and store carbon dioxide.

Even without technologies that allow coal gasification, electric and coal industry officials have tried to make the case in recent years that burning the fuel is a much cleaner enterprise than it was a few decades ago. It is much cheaper and its prices less volatile than natural gas, which allows utilities to sell electricity at lower rates. Building a coal plant is also cheaper than building nuclear plants.

Joe Lucas, director of the coal industry-backed group Americans for Balanced Energy Choices, agreed that Florida needs to look at alternative sources of energy.

'But it's disappointing to hear that the governor, and maybe some other state officials, don't see that ... technology has already made coal an increasingly clean resource, and technology will continue to make that happen,' Lucas said.

The group also notes that coal is more affordable than many other types of fuel and says officials need to understand that customers pay the cost of higher electric rates if more expensive fuels are used.

The partnership of local electric companies that was working on the proposed Taylor County plant said it was suspending its efforts while it 'participates in a state dialogue about Florida 's energy future.'

Mike Lawson, the project manager for the proposed plant, said officials thought the technology would provide reliable and affordable power 'in an environmentally responsible manner.

'However, growing concerns about climate change have raised questions that must be addressed thoughtfully,' Lawson said in a statement from the Taylor Energy Center group. 'Rather than push forward, it's more important that we work with state leaders to craft an energy plan for Florida .'

Tallahassee , Jacksonville 's JEA municipal utility, the Florida Municipal Power Agency and the Reedy Creek Improvement District, which includes Walt Disney World, are the directors of the group that was planning to build the plant, near Perry.

The project still faced hearings before state regulators and would need approval from Crist and the Cabinet.

Environmental groups hailed the group's decision to stop the project.

Crist adviser Chris Kise said the administration had conveyed concerns about the future of coal to plant officials but declined to describe it as pressure.

'They've been very receptive to the governor's message about climate change,' Kise said.

Last month, the Public Service Commission rejected an FP&L proposal to build what would have been the nation's largest new coal-burning power plant in Glades County - although commissioners ruled on economic grounds, not direct concerns about climate change. The potential cost of regulations on carbon emissions, however, was a factor in the decision.

Tribune reporter Russell Ray contributed to this report.

Blair's Lake Advocacy Muddies His Image

A Tampa Tribune editorial

Published: July 5, 2007

It isn't the biggest lake in Hillsborough County . Nor is it the most important. But since Hillsborough Commissioner Brian Blair happens to live on Noreast Lake , his backyard playground is receiving first-class attention.

Since Blair's 2004 election, the county's focus on Noreast Lake - detailed in a St. Petersburg Times report - is way out of proportion to the attention given other county lakes, including some in far worse shape.

Blair's preferential treatment is particularly distasteful given that, as acting chairman of the local Environmental Protection Commission, he moved to eliminate the local regulation of wetlands. It's hypocritical for Blair to prod improvements for his backyard lake while shortchanging the oversight needed to protect others.

The paper reported that at one point, the county was ready to spend $985,000 for a stormwater bypass project to improve Noreast Lake , which residents say had clear water until 2004, when it became infested with weeds, algae, water moccasins and an excessive number of mosquitoes.

Since that January vote, the project has been scrapped in favor of a broader approach to improving Noreast and other lakes in the Forest Hills neighborhood.

Blair says he didn't coerce county employees to clean up his lake, but the paper's review suggests his unwavering attention kept county employees focused on his problem.

Certainly, Blair spoke about algae blooms and diminished water quality in the months before his election in 2004. But once in office, he should have let other neighbors carry the lake's banner and abstained from votes affecting it.

Curiously, the county attorney told Blair that he didn't have to abstain because his is not the only home on the lake. Her interpretation may be right, but it violates the spirit of the conflict-of-interest law.

Regardless, the commissioner should show heightened sensitivity to the appearance of using his position for personal gain. And demanding a county cleanup of his backyard lake represents personal gain, especially given that three reports were inconclusive about the source of the lake's problems. No other lake with inconclusive reports is tagged for special consideration. The Public Works department should remember that they serve the entire public and resist bending to the whims of individual commissioners.

The Noreast controversy, besides revealing a selfish side of Blair, raises an important question about who should pay to improve area water bodies. The county is exploring special taxing districts for waterfront homeowners who want their lakes or canals cleaned up.

Waterfront homeowners rightly argue that the pollution flows from other neighborhoods. Still, the owners of these pricey properties benefit most from any clean-up.

A small assessment would go a long way toward giving the owners of all lakefront homes the environment they desire.

Two properties near Winn-Dixie get commercial zoning

HIGH SPRINGS -- The city commission unanimously approved two commercial zonings in the area just north of Winn-Dixie.

One parcel of land was county land that was recently annexed into the city because the land was an enclave -- a piece of county land surrounded on three sides or more by city land.

The city had to assign a land use to the property, and the planning staff said they recommended commercial because the other land nearby is commercial, namely an apartment complex named Heritage Heights .

Another parcel, located near the first parcel, was changed to commercial zoning from city residential at the property owner’s request.

“The most likely use of the land use would be townhouses,” City Planner Christian Popoli said at the meeting.

Rezoning approval given for 'age-restricted' community in High Springs

By Rachael Anne Ryals

Herald Staff Writer

HIGH SPRINGS -- An age-restricted community in High Springs for people 55 and older is one step closer to being built after the city commission gave final approval to the land rezoning needed to build the community.

 

The developers have described the community, a mix of commercial and residential areas that will have a historic look and design, as a “Mini Disney World.”

 

The commercial area will be located directly off of U.S. 441 just north of Winn-Dixie, and the residential area, with a potential for 125 homes, will be behind the commercial area.

 

The commercial shop area is to be a 2-story, “old-world” style area that will attract specialty shops, doctor offices, entertainment and many other stores to fulfill the daily needs of the retired people living there, Developer Larry Lackey said.

 

Lackey said he is trying to get a Publix grocery store in the community.

 

The commissioners discussed the possible adverse effects the new community could have on downtown High Springs.

 

“The only concern I have is that we are creating a second downtown area,” Commissioner Kirk Eppenstein said, adding that the historic design may allow people to mistake the area for the real downtown High Springs.

 

 

Eppenstein suggested that kiosks be added to the community, advertising downtown historic High Springs.

 

“I don’t want people to miss the rich history we have here,” he said.

 

Gene Boles, planner for High Springs, said the community has the potential to be a gateway to downtown High Springs, agreeing with Eppenstein that adding kiosks would help move people downtown.

 

 

 

The commission unanimously approved the commercial rezoning, but DePeter dissented on the PUD rezoning that included the residential portion.

 

DePeter said he was baffled by the “lack of outcry” over the small lot sizes of the community -- just 40 feet by 100 feet – while earlier in the meeting there was 2-hour debate about quarter-acre lot sizes.

 

"No one complains," DePeter said about the potential for 10 homes to be built on one acre. "I just don't get it."

 

But Eppenstein said the community would be good for High Springs.

 

"It serves a particular niche in the market that I have heard for years we need to serve," he said.

High Springs rezones land for controversial Springhill Pines
By Mallory Colliflower
For The Herald

HIGH SPRINGS -- The highly debated Springhill Pines subdivision is one step closer to making its way into High Springs after the June 28 city commission meeting.

The commission voted 3-2 in favor of an ordinance to rezone the land for the second phase of the 3-phase subdivision from residential R1 to R1-a.

The rezoning will allow a higher density of homes on each acre, as well as forcing the subdivision to connect to water and sewer.

Rezoning for phase 1 was voted on at the May 24 meeting, following a public meeting that drew much public input and lasted more than four hours.

Residents in the surrounding developments of Tillman Acres and Pinecrest, both of which have one-acre lot sizes, have upheld the argument that the higher density neighborhood of Springhill Pines is out of character with what is already there.

Numerous residents from Tillman Acres and Pinecrest have shown up at each public hearing related to the Springhill Pines rezoning, arguing their viewpoint that allowing quarter-acre lots near their neighborhoods will lower both their quality of life and their property values.

At Thursday’s meeting, Mayor Pro-tem Larry Travis and Commissioner Kirk Eppenstein voted against the rezoning, bringing up questions as to why the land couldn’t be used as intended under the current zoning.

Commissioner Jim Gabriel voted in favor of the ordinance, citing citizens’ rights as Americans to develop their land how they want.

The next step in the development process is to plat the newly rezoned portion of the property and present it for a public hearing at an upcoming commission meeting.

Build fewer than 999 homes on CR235A, Alachua tells developer
By Ronald Dupont Jr.
Herald Editor

ALACHUA – A mixture of townhomes, apartments and single family homes – up to 999 in total – have been given initial approval by the Alachua City Commission to be built near the Dollar General Distribution Center .

But in giving the first of what will be many, many votes for the development to become a reality, the city commissioners issued a special directive to the developer.

Don't build 999 homes. Build less.

But commissioners Monday gave the developer no indication on how many fewer homes to build on the 285 acres at the northwest corner of County Road 235A and CR 2054.

Instead, the developer was told to meet again with city staff and take into consideration comments made by residents and city commissioners.

Those comments were strong ones and were led by Mayor Gib Coerper, who garnered no support from fellow commissioners when he suggested that much of County Road 235A between the distribution centers and U.S. 441 should remain largely rural, with big acreage left for rural uses, such as agricultural uses or homes on bigger lots.

“We have a chance to make something special here – that we keep that corridor at larger lots,” Coerper told his fellow commissioners. “The city of Alachua is growing but we also have an obligation to keep some of this (rural land) intact. I'd like you to think about this real hard.”

 

The commission voted 4-1 to give initial approval to rezoning the land, with Coerper being the lone dissenter.

Vice Mayor Bonnie Burgess said she, too, did not like the idea of that many homes but said she wasn't going to vote against it in her first vote because the developer will have a chance to revise the plans before coming back before the commission months from now for a second vote.

“Do the citizens of Alachua really need this development?” she said.

 

 

Resident Michael Canney echoed similar comments.

“This is the kind of project that can transform a whole community,” Canney said, adding that the project reminded him of a South Florida development. “The need for this should be questioned at this point. Is this something the city has a need for or a developer has a need for?”

Resident Theresa Kenyon was more to the point.

“Nine hundred and ninety nine?” she asked. “I'm sorry. That's just too much.”

The property is owned by WACO , the same company that sold land to Wal-Mart and Dollar General for the distribution centers and the same company that is trying to get land along Interstate-75 near Peggy Road rezoned as commercial.

The only city commissioner to openly and emphatically support the proposed development was Commissioner James Lewis. He said having that many homes next to places offering thousands of jobs was a good idea.

“I've never heard of not wanting to have labor next to the job site,” he said. “This is a great opportunity presented to the city. All I've heard is negative about this site but I think it would be a great initiative for the city of Alachua .”

 

DeLand sets limit of 10 for developers


DELAND -- It could take longer for would-be developers to move their projects through the planning process in DeLand.

The City Commission on Monday unanimously approved a resolution limiting the number of new applications to be considered by the city's planning division to 10 per month, about two-thirds of the current monthly average.

"I know you hear talk of a lull," Community Development Director Dale Arrington said. "But we don't see it."

Last year was the second fastest growth year in DeLand's history, City Manager Michael Abels said.

Parking waivers and alley abandonment will fall under the same limiting restrictions as those for annexation, rezoning and development agreement applications.

The process of seeing a request from the first inquiry through fruition is time consuming, Planning Director Mike Holmes said. Holmes made the request to ease the burden of staffing reductions coupled with increased demands to meet state deadlines. The resolution is self-repealing in December 2008.

"It's been really overwhelming, and morale is low," Holmes said. "The only good thing with the property tax issue is that no (employees are) leaving," he said, referring to employees.

Though he voted in favor of the resolution, Commissioner Scott Price called it "drastic." Arrington agreed, saying, "My staff has been cut by 25 percent. I have to take some drastic measures."

Later in the meeting, the commission tabled a resolution that would raise fees for planning applications, in some cases fourfold, until the first meeting in August.

In other news, the commission:

· Appointed eight people to the newly created Airport Advisory Committee. Matt Johnson, David Shifflett, John Eiff, Mike Johnston, Ed Rinderle, Neil Brady and Rocky Norris were appointed to represent differing airport interests. No one applied to represent flight training schools or jet-related businesses. Kent Titcomb was appointed to represent the latter, with the understanding that if a more suitable representative comes forward, he will relinquish the position.

· Authorized an agreement with law firm Gray/Robinson, Orlando, for code enforcement special magistrate services. The current budget contains funds for a code enforcement board attorney to attend monthly meetings and review orders. These funds will be switched over to the special magistrate.

· Approved a temporary co-operative purchase agreement for debris removal, reduction and disposal services in case the city is affected by a natural disaster during July or August. Bids for a permanent contract, necessary for DeLand to be eligible for assistance through the Federal Emergency Management Agency, are due July 13.

· Formally approved an agreement with the State of Florida Department of Transportation providing that it will install landscaping along the median of U.S. 92 from Kepler Road to Woodland Boulevard . The city will be responsible for connecting the irrigation system, and maintaining the landscaping thereafter.

julie.murphy@news-jrnl.com

 

Endangered beach mice get home at zoo to protect against extinction

BY NATHAN CRABBE NYT REGIONAL NEWSPAPERS

GAINESVILLE -- Some endangered mice at Santa Fe Community College are serving as an insurance policy against extinction.

The Perdido Key beach mouse, as its name suggests, is native to sand dunes on an island near Pensacola . Just a few hundred remain in the wild, so biologists worry a hurricane could wipe out the population.

Santa Fe 's Teaching Zoo is housing 52 mice that could be released in the wild if that happens. Last week, some of the mice were put on public display in the zoo's reptile house.

Zoo curator Kathy Russell said housing the mice fits with the zoo's conservation mission. The mouse is one of seven threatened species being bred at the zoo, she said, acting both as insurance policies to prevent extinction and educational tools about habitat conservation.

"Educating the public is key, because without that, there probably won't be a place to release them," she said.

The Florida and Alabama coasts were once home to at least eight different subspecies of beach mice. Due to costal development, one subspecies has gone extinct and six of the remaining seven subspecies are listed as endangered or threatened.

As Hurricane Ivan bore down on the Panhandle in 2004, a wildlife biologist captured eight Perdido Key mice to ensure the subspecies would survive. The mice were housed and bred at the University of South Carolina before space constraints led to the Florida move.

Beach mice are one of the few mammal species that mate for life. The 3-inch-long mice typically spends the day sleeping in their burrows, before emerging at night to eat the seeds and fruit of beach plants.

Because the beach mouse is nocturnal, few people had seen them before the Santa Fe Zoo display, said Ron Loggins, assistant regional biologist with the Florida Fish and Wildlife Conservation Commission.

"I wouldn't be surprised if five times more people on the planet have seen them since last week," he said.

He said the mice illustrate the importance of protecting sand dunes. Such protections are crucial for the species, he said, as well as shielding coastal residents from hurricanes.

"By protecting the habitat for the mice we're providing ... some additional protection for coastal homes," he said.

The Santa Fe zoo plans to send some of the mice to other facilities, including the Brevard Zoo and Florida Aquarium. Santa Fe will likely keep about 16 mice for the long term, Russell said.

The mice are appealing to the public because they're cute, she said, but more importantly teach an important lesson.

"If people appreciate these mice then maybe they're take better care of the dunes," she said.

Nathan Crabbe writes for The Gainesville Sun.

Pair envision Port Salerno as magnet

By JASON SCHULTZ

Palm Beach Post Staff Writer

Thursday, July 05, 2007

Port Salerno is about more than fish, drugs and violence.

That's the message a community leader and a former county commissioner are pushing as they try to use family festival events to drum up tourism while burnishing the rough image of their tiny community.

"For years, it's had this destination for just fishing and knife fights," said John Hennessee, co-founder of Port Salerno Community Promotions Inc.

He and former County Commissioner Elmira Gainey, now a real estate agent who is active in the Port Salerno area, formed their nonprofit group in December. Its goal: to dispel that image by promoting a series of street festivals and other tourist events intended to give people a reason to come to Port Salerno and have fun, Hennessee said.

"I want it to be a happening place," he said. "I want Port Salerno to be a destination."

Part of the community's image is rooted in its heritage.

Port Salerno , near the Manatee Pocket, was settled in the early 1900s by farmers and fishermen. For decades, it was the epicenter of Martin County 's commercial fishing industry. In the 1990s, the state approved restrictions on net fishing that severely hampered the industry out of Port Salerno .

But it remains the home of the Port Salerno Commercial Fishing Authority, a collection of longtime commercial fishermen who bring their catches back to county-owned docks in the Pocket.

Residents say the area's fishing roots and its working waterfront have caused residents of the wealthier parts of Martin County to think poorly of the more blue-collar, lower-income Port Salerno area.

"People have always looked down on the fishermen," said Elaine Moore, part of a four-generation family that resides in Port Salerno and the daughter of longtime commercial fishermen Bobby Thompson.

"I don't even remember starting fishing," said 81-year-old Thompson. "I've been wading around the river since I was that big," he said, holding his hand low to the ground.

Another part of the community's image is rooted in a number of notorious events over the years.

In 2004, Eugene McWatters was arrested in the slayings of three women who were part of the area's homeless community, bringing attention to the prostitution, drugs and alcohol that have been prolific in nearby Golden Gate and areas of Port Salerno. McWatters, dubbed the "Port Salerno Strangler," eventually was sentenced to death for the murders.

In 1997, community leaders in Port Salerno rallied after two women were killed in less than a month in the area, which has been plagued by years of high crime statistics. Four years before, the area received national notoriety after 10-year-old Andrea Parsons disappeared while walking to a grocery store in Port Salerno . She is presumed dead.

But today, Port Salerno is home to several tourist-related businesses, including a strip of restaurants, bars, coffee houses and an art gallery along what is called the Pocket Walk, a boardwalk along the Manatee Pocket waterfront. That is the Port Salerno that the nonprofit group has sought to portray to outsiders since it formed in December and organized a Christmas Jamboree party.

"I think this will show that we have a great community here that people will want to be involved in," Gainey said.

The group also sponsored a seafood festival in January that attracted about 10,000 people to the waterfront, said the founders, who plan to host the festival again next year. This past weekend, the group put on a half-day Salute to the Troops block party, which it plans to make an all-day event next year.

The group's next project is to co-sponsor an existing Bahamian cultural festival planned in nearby New Monrovia this year, Gainey said.

The proceeds from the tourism festivals go to the group to promote more festivals and to the commercial fishermen to revamp the docks to give the public more access to the waterfront, Hennessee said.

The group is also part of an effort to raise millions of dollars in grants and assessments of property owners to dredge a deeper channel out of the muck that lines the bottom of the Manatee Pocket so larger boats can get to the local businesses.

Part of the image change idea is to stress the waterfront as a magnet for more affluent tourists and families with boats.

"It really is the best boating destination around," Hennessee said. "You can come here and tie up and eat."

The efforts to change public perceptions of Port Salerno also have a far more tangible goal than simply civic pride. In 2004 the county designated Port Salerno one of its seven community redevelopment areas, in which property taxes from redevelopment projects are used to fight blight.

Three projects are in the works seeking site plan approvals to develop land inside the redevelopment area, county officials sy. Several other land owners have expressed interest in redeveloping their property, they say.

Hennessee hopes all of the events and efforts to bring people to Port Salerno will increase interest in redeveloping the area.

"We're counting on it," he said.

Teresa Lamar-Sarno, the county's liaison to the Port Salerno redevelopment area, said the group's efforts have started to quell the community's rougher image and may encourage redevelopment by somebody attending one of the festivals.

"A lot of people don't know the boardwalk is down there," she said. "Hopefully somebody will want to fix up their property now or buy a property there and fix it up."

Residents say the efforts of Hennessee and Gainey are changing the perception of Port Salerno .

"This gives people a chance to come down to our docks and see what we are all about, and I think it's working already," Moore said. "Our seafood festival had such an impact on what people thought about us."

 

Retail giant seeks a sweeter deal to put a Supercenter in Newtown

By CATHY ZOLLO

cathy.zollo@heraldtribune.com

SARASOTA -- Wal-Mart is asking the city of Sarasota to sweeten the deal to put a Supercenter in Newtown .

A memo from Wal-Mart real estate manager David Roetto outlined how the city could urge Wal-Mart to move forward with the project, which has been stalled for several months while the retail giant re-evaluates it.

His proposal includes:

More city money for the environmental cleanup that is needed on the land selected for the store, which was once a city-run garbage dump.

A promise from the city to hold $3 million in real estate contracts along U.S. 301 until after the store is complete to make the project look better on paper.

Less going to the community from the $1.6 million in rebates Wal-Mart would get for developing in an enterprise zone and for cleaning up the site.

The retailer had promised to donate all the money to local organizations.

Wal-Mart is scheduled to make a presentation to commissioners either this month or in August, but commissioners were split on whether to proceed with talks.

At least two of them are moving beyond Wal-Mart entirely.

"It's unfortunate for the community because obviously there is a lot of support," said Commissioner Kelly Kirschner, who plans to contact Trader Joe's, a discount grocery chain that favors organic products.

Wal-Mart officials declined to comment on recent happenings with the Newtown deal.

The retailer raised hopes for almost two years that it would plant one of its stores in northern Sarasota and revitalize the community around it.

The plan would have turned a polluted former dump and some nearby property into a magnet for enterprise.

But beginning in April, the retailer began signaling that all was not well with the deal, and that profit numbers did not meet the company's expectations.

That is when Wal-Mart came back to the city asking for more.

Commissioner Fredd Atkins, who represents the district where the proposed store would sit, also said he wanted to start looking for a different taker for the site.

Roetto's letter does not ask the city to do anything about the upcoming minimum wage referendum, but Wal-Mart is concerned about it nonetheless, said John Hawthorne, the city's Newtown Redevelopment Director.

In response to thousands of petition signatures, city commissioners in March approved putting a citywide minimum wage referendum on the November ballot. It lets voters decide if Sarasota businesses with 50 or more employees that receive at least $100,000 in city subsidies will be required to pay an hourly rate more than $3 above the state minimum wage.

If it passes, it guarantees for up to five years at least $9.93 an hour for workers at those companies. That is the poverty level for a family of four, according to the federal government.

Also at the top of Wal-Mart's list of concerns is the potential cost to clean up lead, arsenic and pesticides on the 18-acre site at the corner of U.S. 301 and Dr. Martin Luther King Jr. Way .

The city had already promised that its $4.9 million profit from selling the land to Wal-Mart will pay for the cleanup, and the city committed another $2.8 million -- a total of $7.7 million -- should the cost exceed the city's initial outlay.

As a cushion, the retail giant wants the city to sell part of the land that will hold a retention pond to the Florida Department of Transportation.

The state agency would then be responsible for building the pond and paying for its cleanup.

The project is at the bottom of a list of 40 similar ones in terms of how profitable Wal-Mart thinks it will be, according to internal city documents.

In search of plentiful water for future

As part of an alternative water supply project, Oldsmar drills to find space for brine disposal.

By TERRI BRYCE REEVES
Published July 5, 2007

OLDSMAR - If you've spotted a 100-foot-tall rig at the city's water reclamation facility, know they aren't drilling for oil or water, but for something else very precious nonetheless.

Empty space.

Youngquist Brothers, a Fort Myers-based drilling company, is boring deep into the earth -- possibly as far as 3,500 feet -- to find cavernous areas where a salty brine can be safely disposed of, preventing it from seeping into fresh groundwater or environmentally sensitive areas such as Tampa Bay .

It's all part of the city's alternative water supply project -- a proposed reverse-osmosis treatment plant that would turn brackish groundwater into clean drinking water.

The system removes salts and other minerals from the brackish water. To do that, however, the city must have a place to dispose of the brine, or concentrate.

Thus, the exploratory well.

Tuesday, a team of geologists and engineers met with the city staff to detail its progress since drilling began about six weeks ago. To demonstrate its findings, the team showed a pre-recorded video taken with a lighted camera that scoped deep down into the well, currently about 750 feet deep.

"The preliminary results are consistent with what we expected to see," said Tim Curran, principal engineer for Boyle Engineering Corp., which is overseeing the project. "The ability to dispose of a byproduct tends to make or break a reverse-osmosis water supply program. All expectations are that this is going to work."

The team reported it was particularly pleased with the Avon Park rock formation found at about 650 feet, which tests showed had dense limestone, dolomite and clay formations, plus some Swiss-cheese-like caverns -- perfect for containment.

The brackish source water runs between 70 to 200 feet deep. The team said that for every 100 gallons of source water, 75 gallons will be turned into potable water and 25 gallons will be byproduct.

"If this tests out well, like we think it will, we'll come back later and convert it the exploratory well to an injection well," Curran said.

The next step?

Drilling the production wells, likely to take place in early 2008. Bidding and construction of the plant should begin in 2009, with completion by 2010.

Currently, the city purchases about 1.53-million gallons of potable water per day from Pinellas County . Having a plant of its own will accommodate future growth of the city and add quality drinking water capacity to declining regional supplies, staffers said.

The future plant, with an estimated capital cost of $16.6-million, is permitted to produce an annual average of 2-million gallons a day.

But with finances for cities statewide getting tighter, could it be one big pipe dream?

Jeb Bush and Charlie Crist both used the gubernatorial line-item veto to eliminate state funding for the project. Still the city's staff remains optimistic.

"The city is working on a plan to fund it themselves through Penny for Pinellas and operating revenue," said John Mulvihill, Oldsmar's public works director. "Of course, each step is up for approval by the council, but they all seem in agreement that this should be done, assuming all regulatory issues are addressed.

"And we're always looking for more funding."

Terri Bryce Reeves can be reached at treeves@tampabay.rr.com.

County plows forward with landfill expansion

Hearings needed before trash starts piling up


BY CHRISTOPHER CURRY
STAR-BANNER
OCALA - The potential expansion of the Baseline Landfill moved ahead Tuesday.

The Marion County Commission unanimously voted to forward to the Florida Department of Community Affairs a proposed amendment to the county's Comprehensive Plan. The amendment would allow the expansion of Class 1 (household waste) landfills in operation in January 2007. The Baseline Landfill is the only such facility in Marion County .

"That does not approve the expansion of any landfill," County Commission Chairman Stan McClain told several residents who spoke against the expansion Tuesday. "That just gives us the option."

The proposed amendment is expected back from DCA for a final County Commission vote in late August or early September. Approval then would allow county government to apply to expand Baseline. Public hearings would then follow on that application.

Under the expansion plan, the county would pile garbage on the slope of a closed-out cell toward Baseline Road . If the Department of Environmental Protection approves, the maximum height of the landfill would rise from the current permitted amount of 150 feet to 212 feet. Right now, the landfill stands about 80 feet high. The potential expansion could also add 25 acres to the west and keep the landfill in operation for 20 years.

About three years ago, the County Commission approved construction of a transfer station with the intent of eventually closing down Baseline. But the cost of shipping garbage from that station to a south Georgia landfill is a major part of a $6 million a year shortfall the Solid Waste Department has experienced in recent years. That now has the County Commission considering the expansion, which is projected to cost $18 million.

Several members of the public opposed the expansion Tuesday and expressed concerns about the possibility of property values dropping in the area and environmental harm, including potential groundwater contamination.

"We were promised no more landfills," said Jimmy Edwards, who lives less than a mile from Baseline. "That's what we're asking for."

BED TAX CHANGED
In another decision Tuesday, commissioners eliminated the requirement that 35 percent of the money raised by the county's 2-percent bed tax for tourism be spent as grants for non-profit groups putting on special events.

Under the previous formula, at least $700,000 would have gone for grants in the upcoming 2007-08 fiscal year. Without the requirement, the Tourist Development Council is asking the County Commission to approve the more modest amount of $400,000 during the upcoming budget hearings.

While there may be less grant money, the applications are still coming in. Next week, the council's marketing committee will review applications for more than $900,000 in grants. But Jo Salyers, council chairwoman, said under state law the grants have to go to events that can demonstrate they bring in tourists and put "heads in beds" at area hotels and motels.

The change in the grant formula needed a four-fifths vote to pass and that's what it received, with Commissioner Andy Kesselring dissenting.

WATER STUDY PLANS
Also Tuesday, commissioners unanimously voted to add up to $54,929 to the county's contract with utilities consultant, Burton and Associates. The increase will cover a study to implement a tiered or conservation rate structure for water. It would charge more per gallon as a customer's water consumption exceeds certain thresholds. The county's contract amount with the consultant to perform utilities rate study is now around $119,000.

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

Aggressive vagrants a tough reality for condo owners

Denizens of the new condo tower Blue were shocked to find out what neighbors have known for years: the highly touted Edgewater area has a lot of panhandlers.

BY LAURA MORALES

llmorales@MiamiHerald.com

When Lily Azel and her husband forked over nearly $750,000 for a condo at Blue, a swanky new tower on 36th Street just east of Biscayne Boulevard , they weren't just sold a luxury home with turquoise-tinted windows and a gleaming stainless steel kitchen.  

They were sold a vision of a fabulous new midtown Miami . But that doesn't quite gel with what they see when they leave their home.  

Welcome to Edgewater, where die-hard old grit collides with new flash every day.  

''We knew there was some of that element,'' Azel said, referring to the squads of vagrants and panhandlers who populate the area near the condo. She moved to Blue last year from Weston. ``But we were led to believe the whole area would be revamped into this great midtown.''  

To make matters worse, Azel and her neighbors were shocked to recently learn that the state was stashing a quintet of convicted sex offenders a few hundred yards to the east, under the Julia Tuttle Causeway.  

While organizing residents to address the problems, Azel reached out to Blue's more crime-weary neighbors at the Charter Club, a 31-year-old condo situated across 36th Street , to organize a Crime Watch.  

Victor McGlone, an educator who has lived at the Charter Club for nine years, said folks in his building have often found homeless people bathing in the fountain in front of their building's lobby. His neighbors also encounter harassment at the traffic light and Shell gas station at the intersection of Biscayne and 36th Street .  

''Everyone at the Charter Club has complained about it for a long time,'' McGlone said. ``But I think we just didn't know what to do.''  

Residents of the two buildings recently held their first Crime Watch organizational meeting, and discussed strategies like organizing phone chains, appointing ''floor captains'' and keeping an eye on each others' parking lots.  

DAILY PRESENCE  

According to residents, panhandlers are everywhere, stretching out their hands at the Biscayne Boulevard traffic light, at the door -- and gas pumps -- of the Shell gas station and at the drive-through lanes of Taco Bell and McDonald's.  

''They hang out in the little park and under the bridges,'' said Azel, who has been monitoring Stearns Park from her balcony. The park lies north of Blue and is split into two sections by the lanes of Interstate 195. ``I've seen drug dealers in the park selling stuff to these people. Then they go off under the bridges to get high.''  

Blue resident David Ziegelman said he has seen aggressive gas-station vagrants try to intimidate women into giving them money. ''It's gotten so that I don't want my girlfriend filling up at the Shell station because you just never know what these guys are gonna do,'' he said. ``I feel like I'm a sitting target, just waiting to get accosted.''

 

Alan Rosenblum, who owns the Shell station at 36th and Biscayne, also plans to join the Crime Watch. ''It's a constant problem at my station,'' he said of the vagrants. ``They scare my customers, especially the ladies, and I lose business. Unfortunately there doesn't seem to be much the city can do.''

 

Foremost in everyone's mind at the meeting were the sex offenders living under the nearby causeway.  

Darrell Nichols, an Upper Eastside neighborhood resource officer, tried to ease residents' anxiety about the offenders, which the state's corrections department recently placed under the causeway after a county ordinance -- meant to keep them away from kids -- left them unable to find housing.  

Nichols said the ex-cons were tucked under a bridge farther east along the Tuttle than most Blue residents originally thought.  

''They are very closely monitored,'' he assured neighbors, ``and every day they are visited by an officer at about 4 or 5 a.m., and they have to be there. That bridge is basically their legal address.''  

Albert Guerra, one of Edgewater's neighborhood resource officers, told residents that dealing with the panhandlers can be tricky, particularly if they are homeless. He cited a 1988 lawsuit in which thousands of homeless sued the city for arresting them just for living on the street. The city settled a decade later.  

WATCH EACH OTHER  

He advised the high-rise dwellers to watch each other's parking lots and surrounding public areas from their windows or balconies.  

''When you see anything, call us. Your information is crucial,'' he said.  

Peter Megler, a Realtor and vice president of the Blue's board of directors, said the condo's developers extolled the transformation expected for Edgewater when pitching to buyers.  

''I moved here from New York because I could feel the energy in this town,'' said Megler, whose condo cost $396,489. ``But many of us don't feel like we're getting our money's worth.''  

Self-interest pushes Big Sugar objection to Everglades flow way
Originally posted on July 05, 2007

After a recent meeting of the 10 County Coalition about Lake Okeechobee management and Everglades restoration, U.S. Sugar Corp.'s Robert Coker made comments to the media alleging fault with a proposed flow way connecting Lake Okeechobee with the Everglades.

Mr. Coker attempted to distort the action taken on a resolution by the coalition.

He ignored the fact that the resolution supported further investigation of storage and conveyance of excessive water released from Lake Okeechobee and broadened the analysis beyond a single specific flow way in the Everglades Agricultural Area.

The Army Corps of Engineers and South Florida Water Management District are struggling with this dilemma: the Central Southern Florida Flood Control restudy — used as the basis for the Comprehensive Everglades Restoration Project (CERP) — is defective due to faulty data used in the district's computer model to manage water in Lake Okeechobee.

The district model used rainfall data from 1965 to 1995, which historically was a dry cycle in Florida. Cyclical rainfall patterns, depicting wetter rainfall events prior to 1965 and after 1995, were not taken into account resulting in inadequate storage in CERP, thus failing to address maximum flows from Lake Okeechobee.

In the absence of adequate storage south of Lake Okeechobee, the district releases billions of gallons of water during wet years to the east and west coast resulting in destruction of coastal estuaries and significant loss of water supplies from South Florida, which is now experiencing severe drought conditions.

An evaluation of the water budget for Lake Okeechobee including inflow, rainfall, and evaporation reveals a need for an additional one million acre feet of storage during the wet season in excess of the 800,000 acre feet of water storage in the reservoirs under CERP.

The contingency plan by the district to store the excess water in aquifer storage and recovery wells is fraught with economic and environmental concerns.

A proposal of 330 wells around the lake would cost in excess of $3 billion and the uncertainty of injecting water below ground raises serious questions as to the recovery rate and release of arsenic contaminating ground water supplies.

For the record, it is the dairy farms north of the lake and decades of back pumping from the sugar cane fields south of the Lake that have made the water dirty in Lake Okeechobee.

Fertilizers and pesticides back pumped into Lake Okeechobee have degraded water quality forcing the glades communities to shift from lake water to expensive treatment of ground water for potable water supply.

Approximately 430,000 acres of sugar cane fields in the Everglades Agricultural Area between Lake Okeechobee and the Everglades displaced an expansive natural wetland system that historically treated and stored surface water flowing south from Lake Okeechobee.

The sugar industry uses hundreds of thousands of acres of publicly owned land known as storm water treatment and storm water conservation areas to treat and store water from their sugar cane fields, thus depriving the use of these publicly owned lands for treatment and storage of excessive surface water runoff from Lake Okeechobee.

This insidious system of allowing the sugar industry to exploit publicly owned land — to the detriment of the economy and environment of South Florida and the exclusion of the entire Everglades Agricultural Area from being incorporated in a comprehensive management system to restore Lake Okeechobee and the Florida Everglades — is a recipe for destruction of our South Florida ecosystem and further deterioration of our economy and quality of life.

Restoration of a storage flow way south of Lake Okeechobee in the Everglades Agricultural Area, whether in the form of a continuous shallow water conveyance, or interconnecting reservoirs and storm water treatment areas would be the most cost effective and efficient means of providing treatment and storage of water release from Lake Okeechobee.

— Ray Judah is a Lee County commissioner, representing District 3. You can e-mail him at dist3@leegov.com or call him at 533-2223.

Hearing will eye designating parcel as rural

By TIMES WIRES
Published July 5, 2007

BROOKSVILLE

The Hernando County Commission will conduct a public hearing at 9 a.m. Wednesday in the commission chambers at Hernando County Government Center, 20 N Main St. Among the various comprehensive plan amendments to be considered will be one to amend the Future Land Use Map for a 251-acre parcel of land north of Brooksville off County Road 491 from mining to rural, allowing a rural cluster overlay district on the property. For information, call the Hernando County Planning Department, 754-4057 (either Paul Wieczorek at ext. 28027 or Jim King at ext. 28020).

The Freeport News

Ginn Sued

By LEDEDRA MARCHE

Senior FN Reporter

lededra@nasguard.com

 

While construction is under way for its $4.9 billion mega-mix resort in West End, The Ginn Company is facing allegations of fraud, one of many claims cited in a class-action lawsuit filed in Michigan.

The suit names 99 plaintiffs from four of Ginn's affiliates and was filed in the United States District Court for the Eastern District of Michigan nearly five weeks ago.

The Ginn Company, one of the largest privately-held real estate development and management firms in the Southeast, signed a deal with the government in December 2005 to develop the mega-mix Gin Sur Mer Resort on nearly 2,000 acres in West End.

Ginn Sur Mer is the largest single investment in the region and involves 870 single family residential home sites, two championship ocean-front golf courses and clubhouses, 4,400 condominium hotel units two large marinas, 130,000 square-foot casino, swimming pools and water park facilities, tennis complexes, beach clubs and spas and a private airport.

The Ginn Company also currently has land under development in Florida, South Carolina, North Carolina, Vermont, Colorado and St. Thomas in the U.S. Virgin Islands.

The lawsuit cites a number of Ginn's properties, namely Bella Collina, Reunion, Tesoro and Hammock Beach, and alleges Ginn has breached agreements and violated several laws including the Interstate Land Sales Full Disclosure Act and the Securities and Exchange Act of 1934.

The Ginn Company, Ginn Real Estate Company, LLC, Cameron, Davis, & Gonzalez, Suntrust Bank, Ginn-LA Wilderness Ltd. LLLP, Ginn-LA Hammock Beach Ltd., LLLP, Ginn-LA Gi Orlando Ltd., LLP, and Ginn-LA Pine Island Ltd., LLP are the named plaintiffs in the suit.

The lot owners — who are being represented by Mekani, Orow, Mekani, Dhallal, Hakin & Hindo, P.C. out of Southfield, Michigan — say they have been defrauded. And, they say they are entitled to and they are demanding rescission of the contracts and that Ginn repurchase the properties and reimburse them for all carrying costs.

The suit also explains that the complaint is primarily due to the defendants' alleged use of the means and instrumentalities of interstate and foreign commerce, including the United States' mail, under 15 United States Codes.

The group is alleging that Ginn solicited plaintiffs in Michigan to purchase vacant residential lots in Florida, sent brochures and marketing materials advertising the lots and the opportunity to own lots in one more of the following: Ginn-LA Wilderness Ltd.

It is further being alleged that the defendants sent a pricing list for the lots to plaintiffs via federal express mail in Michigan and other states; hosted seminars in Michigan regarding purchasing Florida property in the Ginn Developments, one which was held as recently as March 2007.

The plaintiffs believe all Ginn affiliated entities were set up and run for the exclusive purpose of raising money from unsuspecting purchasers, like plaintiffs, for the benefit of Ginn and its affiliates.

The suit further alleges that Ginn created a complicated maze of companies to be used in marketing, soliciting and promoting properties to potential purchaser in order to avoid scrutiny of U.S. regulators.

According to the suit, Ginn, at the same time, perpetuated a "ponzi scheme" in which returns to investors were not financed through the success of the underlying business venture, but were taken from principal sums of newly attracted purchasers such as plaintiffs.

The plaintiffs were allegedly promised large returns for their investment and they say initial purchasers were actually paid the promised returns which attracted additional purchasers such as the plaintiffs.

According to the claims, while it was set up as a regularly operating business, the suit alleges that Ginn's purpose was to lure plaintiffs into the scheme knowing that the units being sold were never worth the purchase price paid by the plaintiffs.

In all, the suit is alleging nine counts namely violation of Interstate of Interstate Land Sales Act failure to provide property report; violation of the interstate Land Sales Act Fraud and Deceit upon purchasers; violation of securities and exchange rules registration, reporting and disclosure requirement; false representation under Securities Exchange Act of 1934; "Ponzi Scheme" and violation of section 10(b) of the Securities and Exchange Act; violation of State Securities laws; fraudulent misrepresentation; innocent representation; and violation of Racketeer Influenced and Corrupt Organizations Act.

The plaintiffs, among other things, are requesting they be granted judgment against all defendants in the total amount of all damages suffered by it as a result of Ginn's alleged wrongful acts and, they are demanding a trial by jury.

The Ginn Company offered no comment yesterday on the class action suit.

Satellite images reveal link between urban growth and changing rainfall patterns

For the first time, scientists have used satellite images to demonstrate a link between rapid city growth and rainfall patterns, as well as to assess compliance with an international treaty to protect wetlands. The results have been published in two studies co-authored by Karen Seto, assistant professor of geological and environmental sciences and a fellow at the Woods Institute for the Environment at Stanford University.

“The exciting thing is really for the first time, using a time series of satellite images, we can monitor Earth in a way that we haven’t been able to,” Seto said. “It’s not just about urban growth or wetlands—it could be about desertification or deforestation—but it’s really just this issue of human modification of the Earth.”

In one study, published in the July online issue of the journal Global Environmental Change, Seto and her colleagues showed that inclusion in an international environmental agreement did not significantly improve the health of a coastal mangrove habitat in a wetland preserve in Vietnam. In the second study, published May 15 in the Journal of Climate, the researchers found that rapid urban growth has caused drier winters in the Pearl River Delta of China.

Both findings are based on an analysis of satellite images of Vietnam and China, which NASA has been collecting through its Land Remote-Sensing Satellite (Landsat) Program for more than 30 years.

Urban growth in China The Journal of Climate study focused on the People’s Republic of China, where special economic zones have been established to attract foreign investment and generate international trade. One zone, Shenzhen, was created in 1980 in the Pearl River Delta just north of Hong Kong. Seto, a Hong Kong native, witnessed the impact of this designation during successive visits with relatives in mainland China.

In a previous paper, Seto and her colleagues analyzed satellite imagery and found that urban areas in the Pearl River Delta increased more than 300 percent from 1988 to 1996. In the Journal of Climate study, the researchers compared this rapid urban growth with monthly temperature and precipitation data from 16 meteorological stations. Their analysis revealed a direct correlation between the rapid growth of cities and a decrease in rainfall during the winter dry seasons from 1988 to 1996.

“We found that as the cities get bigger, there is a negative impact on precipitation patterns, such that in the winter season there is a reduction in rainfall as an effect of urbanization,” Seto explained. “Primarily it is caused by the conversion of vegetated land to asphalt, roads and buildings. As a result, the soils have significantly less ability to absorb water, so in the winter months there is less moisture in the atmosphere and therefore a reduction in precipitation. We don’t see the same impact in summer months, in part because the effect of the Asian monsoon masks the effect of urbanization.”

“When cities are still relatively small, we don’t see this pattern emerging,” she added. “It happens when cities get very large. But that’s the part that I think is alarming, because we see large-scale city development all over China and throughout the developing world.”

Coastal changes in Vietnam In the Global Environmental Change study, the researchers focused on Vietnam, a signatory of the Convention on Wetlands of International Importance Especially as Waterfowl Habitat, drafted in Ramsar, Iran, in 1971. The goal of the treaty was to protect wetlands by promoting sustainable use of resources found there. To date, more than 150 countries, including the United States, have signed the convention. The Florida Everglades and portions of the Ganges River in India and the Red River Delta in northern Vietnam are included on the convention’s list of wetlands of international importance.

The growth of aquaculture in recent years has threatened coastal mangrove forest habitats in the Red River Delta. In response, the Vietnamese government has established protected areas, such as the Xuan Thuy Natural Wetland Reserve, which was designated a Ramsar site in 1988.

For the study, Seto and her colleagues concentrated on Xuan Thuy and a nearby reserve that is not included in the Ramsar treaty. The researchers analyzed a series of Landsat images taken between 1975 and 2002. Analysis revealed that both reserves experienced increased fragmentation of mangrove forest habitat with increased aquaculture. Contrary to expectations, the scientists found that aquaculture developed at a faster rate at the Xuan Thuy treaty site than at its non-Ramsar neighbor.

These findings mirrored statements by local residents in 2001, when Seto and her co-workers interviewed one-third of the households living and farming within the boundaries of both reserves. The researchers were told that aquaculture had been ongoing in the region since the early 1980s.

These results showed that satellite technology is a cost-effective means of assessing wetland health, Seto said, noting that the cost of acquiring the satellite images and conducting the interviews in the field totaled less than $5,000.

This technique could be used to verify compliance with other environmental agreements, added Ron Mitchell, professor of public policy at the University of Oregon and an expert on multi-national environmental treaties. “Too often in the past policymakers have been at a loss as to how to evaluate progress,” he said. “Remote sensing could be used to evaluate many international environmental agreements, particularly habitat-based conventions, such as Ramsar or those dealing with deforestation, desertification and carbon sequestration projects under a climate change agreement.”

Other co-authors of the Journal of Climate study are Robert Kaufmann of Boston University, Annemarie Schneider of the University of California-Santa Barbara, Zouting Liu of the Guangdong Meteorological Bureau, Liming Zhou of the Georgia Institute of Technology and Weile Wang of California State University-Monterey Bay. The study was supported by the National Science Foundation (NSF).

The Global Environmental Change study was co-authored by Michail Fragkias of the International Human Dimensions Programme on Global Environmental Change and was supported by NASA, NSF and a National Geographic Research Grant.

 

Global Warming Saps Arctic Ponds

The Tampa Tribune

Published: July 3, 2007

WASHINGTON - Ponds that have provided summertime water in the high arctic for thousands of years are drying up as global warming advances, researchers from Canada say.

Falling water levels and changes in chemistry in the ponds first were noticed in the 1990s, and by July 2006, some of the ponds that dot the landscape were dry, according to a report in the current Proceedings of the National Academy of Sciences.

John Smol of Queens University in Kingston , Ontario , and Marianne Douglas of the University of Alberta in Edmonton have been studying about 40 ponds on Ellesmere Island in northern Canada since 1983.

The ponds are habitat for algae and invertebrates such as insect larvae, and waterfowl use them.

In addition to loss of ponds, the researchers reported drying of nearby wetlands.

The Associated Press  

Timeless Putnam land feels future stirring  

Some see the proposed Mariposa development as a boon for the county, others fear the mega project

By ANNE MARIE APOLLO, The Times-Union

EAST PALATKA - Out a road called Cracker Swamp , tree limbs that reach over a length of still, brown canal are just as likely to sway from the pressure of a combine as a passing pickup truck.  

Remote even by Putnam County standards, there are still parts of old Florida there, with farmers out early atop tractors and children spending the summer on wide wooden porches. 

But in a place where it seems as though almost nothing has changed any time recently, a development unlike anything Putnam County has seen before is on the way.  

Hailed by some as the county's future and others as a desecration of its past, Mariposa would put 3,230 houses as well as hundreds of thousands of square feet of retail, office and business park space on 2,025 acres, nearly half of which would be held for conservation.  

If the development continues to get the nod, it could have its first round of needed permits by the end of the summer, with building reaching past 2020.  

It has been the target of criticism from its neighbors - ranging from family farmers who maintain the development will "tear the heart out of" the region's agriculture to a St. Johns county commissioner who said he believes negative impact from the growth will overspill Putnam County's borders.  

In the wake of a development order unanimously approved by the Putnam County Commission last month - the most recent in a long list of reviews from local and state agencies it will undergo - Mariposa's backers said the project will mean education, not only in the expected elementary and middle school buildings but through possible college satellite campuses.  

Along with the development would come water and sewer services for eastern Putnam County , medical parks and a possible hospital, they said.  

Joey Kelly, director of external relations for Delray Beach-based Ascot Development, said the land development company chose Putnam County in part because the houses could make a significant positive impact. Mariposa would bring jobs, diversify the region's housing stock and once built out could net the county more than $11 million annually in property taxes, she said.  

"We understand fear of change, but we think this brings value" to the greater community, she said.  

County Commission Chairman Brad Purcell knows not everyone is happy with Mariposa.  

At the same meeting at which the commission approved the development order, nearly 100 people spoke about the project, the bulk of them against it.  

Many fear the development is the first step in the urbanization of eastern Putnam County , something Purcell said is not true.  

Not every developer who comes to Putnam County is going to get the green light, he said.  

"We have learned from the development patterns of our region," Purcell said. "We want agricultural land and open space and residential. We're looking for a balance."  

Ascot's Kelly said that while the developer has an option to buy even more land in St. Johns County, portions of which Mariposa abuts, it has no plans now to expand.  

St. Johns County Commissioner Tom Manuel, however, said he believes additional development eventually is planned across the county line.  

He said he is against the proposal as it stands now and plans to speak about the recently approved development order when Mariposa comes again before the Northeast Florida Regional Planning Council this month.  

The project Putnam County already has approved will negatively affect nearby Hastings as well as St. Johns County roads, Manuel said, despite $5.5 million set aside by Ascot for improvements at the intersection of Interstate 95 and Florida 207.  

The Florida Department of Community Affairs questioned transportation issues brought by Mariposa, as well, in a review of the project this year. It raised concerns about urban sprawl and protection of natural resources, among other issues, and Mariposa has drawn letters of opposition from the Florida Wildlife Federation and the Putnam County Environmental Council.  

Residents on both sides of the county line are speaking out, too, chafing at being called poor and incredulous at the idea of building on land that has historically been swamp.  

"If this foolishness is allowed to happen, it will tear the heart out of, and be the end of agriculture in Putnam and St. Johns County ," wrote one farmer in a letter to the Department of Community Affairs.  

In nearby Hastings , Mayor Tom Ward said the town still is adjusting to having a four-lane road and has been concerned about the amount of traffic the nearby development would bring. 

But that might happen with or without Mariposa, Ward said.  

Years ago, Hastings was considered a day trip from St. Augustine , he said. Now people are traveling back and forth several times a day and people are moving rapidly to nearby Flagler Estates.  

"Life changes," he said. "And it's going to continue to change."  

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

Water levels drop as drought grips Marion  

BY FRED HIERS

STAR-BANNER 

OCALA - Jon Semmes' business rises and falls with the depth and quality of the Withlacoochee and Rainbow rivers.  

A few days ago, Semmes, who owns Singing River Tours in Dunnellon, cancelled two tours from Dunnellon up the Withlacoochee River to State Road 200 and County Road 39. The problem: Rocks that typically are underwater and no threat to his pontoon boat were above the water's surface and blocked the route. There has been far less rain in areas that feed the river than in previous years.  

"I don't know if I've ever seen the river this low," Semmes said. "I can't get my boat up there because of the rocks. There's just no way in."  

He said the Rainbow, which empties into the Withlacoochee , also has dropped.  

Because of the below-average rainfall, the Southwest Florida Water Management District, whose jurisdiction includes Marion County west of Interstate 75, will consider during its July 31 board meeting extending its restrictions on lawn watering, which limits residential irrigation to once per week.  

"What we're concerned with is water supply and making sure there's adequate water for everyone," said Swiftmud spokeswoman Robyn Hanke. "And outdoor irrigation can account for as much as 50 percent of a household's water use."  

Aquifer levels in the north portion of Swiftmud's 16-county district reflect the declining rainfall.  

June groundwater levels were 1.51 feet below the normal range for the area. The groundwater level for the same month last year was in the normal range.  

Rainfall, which ensures groundwater is replenished, has also been low since the beginning of the year.

June rainfall was 4.68 inches, significantly lower than the average for the month in previous years: 7.49 inches.  

The historic rainfall for January through May has been 16.01 inches. This year it dropped to 8.93 inches.  

The lack of rain is reflected by the Withlacoochee 's dwindling flow. Compared to previous June flows, only 10 percent of the time has the flow been lower, according to Swiftmud's records.  

While the west side of I-75 is overseen by Swiftmud, the east side falls under the St. Johns River Water Management District. That agency allows watering twice per week. That district's spokesman, Hank Largin, said the agency had no plans to reduce that to match Swiftmud's schedule.  

Issuing watering restrictions is one thing; enforcing them is another.  

Both agencies depend on local governments to enforce the state's watering rules. And it's unlikely that local communities in Marion will enforce the state's watering mandates.  

Last week, County Commission Chairman Stan McClain said the county did not currently have the resources to enforce watering restrictions.  

Commissioner Jim Payton said Monday that enforcing the state's watering rules would not be on the top of his list, either.  

"We're not going to go out and see if John Q. Citizen is following a one- or two-day-a-week watering schedule," Payton said.  

He said the way to get people to use less water is to target their wallets.  

And the best way to do that is to impose a tiered rate structure: The more a customer uses, the more they pay per 1,000 gallons of water. The average use per household in Swiftmud's district is 115 gallons per day. Marion households use an average of 203 gallons per day.  

Currently, only the city of Ocala has tier rates. The county does not.  

Fred Hiers may be reached at fred.hiers@starbanner and (352) 867-4157.

Delays, costs plague Everglades cleanup
By Eun Kyung Kim
DEMOCRAT WASHINGTON BUREAU

WASHINGTON - Cost estimates to restore the Everglades have increased by 28 percent and many projects crucial to the restoration haven't started, according to a report released Monday by congressional investigators.

The total projected costs of the restoration grew to at least $19.7 billion last year from $15.4 billion in 2000, the Government Accountability Office said in its report. But those figures don't reflect the true price tag because many key projects are still in the conceptual phase.

''Some of these projects are behind schedule by up to six years,'' according to the GAO report.

Most of these projects are outlined in the Comprehensive Everglades Restoration Plan, or CERP, the multibillion-dollar partnership between the Florida and federal governments.

Some delays were caused by a lack of congressional authorization and federal money. The U.S. government fell short $1.4 billion of its contribution toward CERP projects, the GAO found. From 1999 through 2006, Florida contributed $4.8 billion toward restoration efforts, while the federal government gave $2.3 billion.

There are 222 projects that make up the South Florida ecosystem-restoration effort. Of those, 43 have been completed and 107 are being implemented. The remaining 72 haven't started.

The report found that 162 projects were driven by the availability of funds, not by importance or impact.

The GAO recommended that the U.S. Army Corps of Engineers, which oversees most of the projects, evaluate its decisions to ensure that CERP projects are ''appropriately sequenced to maximize the achievement of the restoration goals.''

The Defense Department, in its comments on a draft of the GAO report, agreed with the recommendation, but Florida expressed concern that the suggestion might lead to further delays and increased costs.

Find the GAO report at www.gao.gov/cgi-bin/ getrpt?GAO-07-520.

Florida Home Builders Association removes Web statement on political contributions

By S.V. Date

Palm Beach Post Capital Bureau Chief

Tuesday, July 03, 2007

TALLAHASSEE — The Florida Home Builders Association today removed from its Web site a statement linking political contributions to sponsorship of legislation limiting impact fees, which the group supports.

The 400-word "President's Message" by John Wiseman was pulled soon after The Palm Beach Post published an article describing the statement and negative reaction to it from Senate President Ken Pruitt, who advised his members not to sponsor any such bill and to return any contributions the group may have given them.

 

The group's "FHBAction News" page remains dated July 2, but now begins with information about the recently finished legislative session that on Monday had appeared immediately below Wiseman's message.

Group spokeswoman Edie Ausley did not immediately return a phone call about the change.

Gov. Charlie Crist, whose actions on some bills are criticized on the news page, this morning added his disapproval to the group's tactic.

"On the surface, it just doesn't sound appropriate at all," he said.

Clustering of homes not up for debate

By Jason Schultz

Palm Beach Post Staff Writer

Tuesday, July 03, 2007

STUART — Slow-growth activists said they tried to get Martin County commissioners to debate a proposed comprehensive plan amendment to allow clustering of homes in rural lands but were snubbed by the amendment's supporters.

"We wanted to make sure we had both sides of this issue," said Bill Summers, president of the Martin County Consensus.

The group, made up of leaders of other slow-growth organizations, tried to organize a debate between Martin County Commissioners Sarah Heard and Susan Valliere, Summers said.

Earlier this year, Valliere proposed the comprehensive plan amendment that would give commissioners the ability to consider allowing clustered pockets of homes on land where they are now prohibited in exchange for large donations of environmentally sensitive land.

Valliere's proposal, which commissioners voted 3-2 to consider later this year, was patterned after the Atlantic Preserve in Hobe Sound, approved in April amid praise by environmentalists despite allowing development where it was previously off-limits.

Heard, who voted against the proposal, agreed to attend the debate.

Valliere, who could not be reached for comment Monday, initially balked at the idea of debating but agreed to give a presentation on the issue, Summers said.

Tom Fullman, chairman of the consensus, said Valliere referred him to her husband, Jim Valliere, to negotiate the details of the meeting. According to Fullman, Valliere said both the original date, which would have been Monday night, and the group's alternative date of July 9 would not work. He suggested holding it July 30.

Fullman said that was too late because the Martin County Local Planning Agency will consider the amendment just three days later, on Aug. 2. So the group decided to hold the meeting without Valliere.

"We had to move on," Fullman said.

Next Monday, the Martin County Consensus will hold the meeting about the clustering amendment at the Blake Library in Stuart.

Heard, who could not be reached for comment Monday, will give a presentation on the proposal and answer questions for about 35 minutes, Summers said.

Fullman said he also invited Commissioners Michael DiTerlizzi and Doug Smith, who both voted to consider the amendment, but both declined to attend.

Consensus member Linda Grand said the group did not approach anyone other than a commissioner who supported the amendment to fill in for Valliere.

"We wanted people who are directly responsible to the public," Grand said.

Fullman said the group will try to hold debates between commissioners about other issues.

The Atlantic Preserve was approved 4-1, giving Martin County 2,300 acres to be preserved in return for allowing homes on 460 acres outside the county's urban service boundary, beyond which water and sewer service normally is not allowed.

Slow-growth activists, who normally blast any suggestion of clustering homes or moving the urban service boundary, supported the change in order to obtain the pristine land adjacent to Atlantic Ridge Preserve State Park .

Valliere's proposal would allow similar clustering to be considered throughout the county if land is preserved as a result.

Opponents said the Atlantic Preserve case was unique, given its proximity to the urban service boundary and the amount and quality of land that would be preserved.  

Woman's Legacy to Nature Rich in Life, Death

By Tom Palmer

tom.palmer@theledger.com 

Environmental legacies sometimes come from unexpected sources.

I recently learned of the story of a Lake Wales woman named Kathie Bonneman.  

It's a story about dedication and how people can help the environment in many ways.  

Bonneman volunteered at the local office of The Nature Conservancy, a private environmental group that buys and manages environmentally sensitive land all over the world.  

She came to the local office every week for 17 years to create a reading file of press clippings for staff members and to help answer the phones.  

Bonneman, a Florida native with a strong interest in protecting the environment, was a faithful volunteer despite the fact that she suffered from multiple sclerosis.  

She continued to volunteer even after the office moved miles away from its original location in downtown Lake Wales to Tiger Creek Preserve near Babson Park .  

This is a great lesson because although much of the opportunities in environmental volunteering involve strenuous outdoor work, there are ways that people with all kinds abilities can contribute.  

Julie Jackson, one of Bonneman's sisters, said her affliction was ironic because she was the most active person in the family.  

"She rode horses, she water skied," Jackson said.  

Despite her medical problems, she was known as a positive person.  

"She was always upbeat and interested in learning about what the Florida chapter was doing to save her native state," recalls Tricia Martin, who heads the TNC office in Babson Park .  

Jackson said her late sister had an infectious laugh, which kept the mood around her light.  

Jackson also called her sister "a wonderful listener" and "a nonmaterialistic person."  

Bonneman's volunteerism ended last year when she died of breast cancer. She was 64.  

However, her legacy turns out to be more than fond memories of a departed colleague.  

TNC's Martin said she recently learned that Bonneman left TNC $500,000 in her will.  

Martin said they will use the money to support three projects:  

Ongoing research to protect the Florida scrub-jay, the only species of bird that lives only in Florida .  

Fire management of endangered habitat, which is necessary to maintain open areas to aid Florida scrub-jays and a large number of rare and endangered plants and animals on the Lake Wales Ridge.  

The fight to control Old World climbing fern, a serious exotic pest plant that threatens to kill entire sections of forests in natural areas.  

"Her amazing spirit lives on in our work," Martin said.  

The case shows the value of thinking about conservation projects in estate planning, said Chevon Baccus at American Bank in Lake Wales , which handled the trust work.  

All banks have trust departments that can offer customers advice on estate planning, including the establishment of charitable trusts, though this is something many people neglect, she said.  

I'm sure the money will be welcome.  

The simple fact is that buying and managing environmental land takes money. Although TNC and other organizations use many volunteers, they need employees, vehicles and equipment.  

In addition to the environmental help Bonneman's bequest provided, there's an interesting back story, too.  

Bonneman was a retired state social worker, not the type of person you normally think of when you think of this kind of bequest.  

The source of at least part of her gift to TNC was some Publix stock Bonneman had received from her father and never sold.  

Her father was Louis G. MacDowell, one of the three scientists credited with the development of frozen citrus concentrate.  

Now the money will help to protect Polk's heritage.  

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

Planners give plaza green light

As it builds, Collina still may face reviews

Robert Sargent

Sentinel Staff Writer

July 3, 2007

TAVARES

Lake County planners on Monday approved a master plan for Plaza Collina, clearing a way for the massive commercial magnet to begin construction.

The 988,000-square-foot complex on State Road 50 near the Orange County line -- one of Central Florida 's largest shopping centers -- originally was approved by county commissioners in January 2006.

The project has been tied up in recent months as partners Phoenicia Development and The Goodman Co. modified plans to meet county requirements.

Opponents argue that Plaza Collina has changed too many plans and that elected officials should get a chance to reconsider. Others say the shopping center is not living up to its high-end retail expectations after developers shared plans with the county for a Wal-Mart Supercenter .

"We want it to be everything we thought it was going to be," said County Commissioner Elaine Renick, who took office after the county approved Plaza Collina. She said residents had anticipated upscale shopping: "They thought they were getting something more than a Wal-Mart strip mall."

County staffers with the Department of Growth Management approved overall plans for Plaza Collina on Monday, although different sections of the project likely will face more review when they are submitted.

John Dowd, Goodman's senior vice president of development, said construction of the $140 million shopping center could begin within 60 days.

"The county has been great to work with," he said.

Aside from transforming 142 acres for stores, restaurants and offices, developers of Plaza Collina are required to widen roughly a mile of S.R. 50 to six lanes and add three intersections with traffic signals.

The shopping center will have a four-lane road connecting S.R. 50 to County Road 50, also known as Old Highway 50. Lake Boulevard will be closed just east of the shopping center.

The project will have interior access roads, a large bus-transit stop, and bike and pedestrian paths. A section of the county's South Lake Trail -- a recreational corridor -- cuts through the north part of the property.

Months ago, the developers told the county that the largest tenant could be a 24-hour Wal-Mart Supercenter . Plans call for a 207,000-square-foot building.

The developers had negotiated for a 16-screen movie theater, but those plans fell through.

Plaza Collina could have about 17 outparcels along S.R. 50. Past plans submitted to the county have shown a nearly 12,000-square-foot ABC Fine Wine and Spirits store and a 37,000-square-foot Rooms to Go outlet.

So far, the developers have not confirmed any tenants.

Rich Dunkel -- a former member of Lake 's Local Planning Agency, a county advisory board -- fired off an e-mail to county commissioners last week saying that the project should be examined again.

"The changes proposed by the developer destroy any opportunity to have the classy development that their original graphics and language suggested," Dunkel wrote.

Commissioners asked County Attorney Sandy Minkoff to look at whether Plaza Collina merits reconsideration. Minkoff concluded that everything was in order.

"There does not appear to be evidence to show that the site plan proposed for this project is significantly different than what was proposed during the public hearing process, other than the fact that one of the tenants of the project will be Wal-Mart and no tenants were disclosed during the public hearings," Minkoff wrote in a memo dated Friday.

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

Resort wins another victory

By Terry Witt

A circuit judge gave Homosassa Riverside Resort a big holiday legal victory Friday when he ruled an environmental group has no standing to challenge the resort’s expansion plans.

The Save the Homosassa River Alliance filed suit against the county commission last year hoping to void a development permit the board approved on a 3-2 vote for a 72-unit expansion of the resort.

Resort owner Gail Oakes fought back and filed a motion of her own, claiming the alliance members who filed the suit didn’t live close to the resort and had no right to claim they would be adversely affected by the development.

Oakes was excited when she heard Circuit Judge Charles Harris had thrown out the lawsuit and ruled that the alliance could not make new arguments about its standing in the case.

“It feels great, but it’s the fourth time,” she said.

The judge had ruled earlier that the alliance had no standing in the case, but had allowed the organization to amend its complaint and file new arguments. The final hearing was last week.

Harris said he found nothing new in the alliance’s arguments. He said court cases decided in other parts of the state indicate there must be a connection between “the alleged evil” and the “adverse affect claimed.”

“In other words, it is not enough to live near the challenged project and it is not enough to oppose the proposed project because of general environmental concerns,” he wrote. “ To have standing, the challenger must show that his or her interests are affected by the project in a way not experienced by the general population.”

The ruling was the second loss for the alliance in the case. The group had filed a companion lawsuit claiming the county commission had not given them due process when the resort expansion was approved in public hearing.

Harris ruled that the group’s arguments were not valid and threw out the due process claims. The alliance had argued, among other things that Commissioner Dennis Damato, who voted for the project, had read from a prepared statement at the hearing, an indication his mind was made up before he heard any evidence.

The alliance also tried to make a business connection between Commissioner Gary Bartell and Oakes, arguing Bartell’s license for antique car restoration business hung in a room on Oakes motel property leased by a different business.

Harris said the alliance never produced anything more than innuendo about the business connection and he said Damato’s use of prepared notes was not evidence he came to the hearing with his mind made up.

Alliance attorney Denise Lyn did not return a phone call, nor did Alliance President Priscilla Watkins. The group has not said whether it will appeal.

Oakes said she is not sure whether she will ask for attorney’s fees. Her lawyer, Derrill McAteer, is on vacation, and she said it’s a legal question McAteer will have to answer. McAteer indicated at a hearing last week that his client would be asking for attorney’s fees.

“I will tell you, once the permit is in hand, I’d have to think about it,” Oakes said.

Oakes said her permit application has been submitted to county planners.

“We’re just negotiating the details,” she said.  

Hillsborough Bids For 1,018 Acres It Seeks To Conserve

By KAREN BRANCH-BRIOSO, The Tampa Tribune

Published: July 3, 2007

TAMPA - Hillsborough's environmental land-buying program made an offer Monday on a rare 1,018-acre piece of vacant green space in the county's northwestern-most corner.

For nearly a decade, Hillsborough has coveted the space for conservation.

'It's a large tract of vacant land, most of it in native condition, both animals and plant species. Not too many of 'em left,' said Kurt Gremley, acquisition manager for Hillsborough County 's Environmental Land Acquisition and Protection Programs. He confirmed that an offer was made Monday to owners, but declined to provide details, citing ongoing negotiations.

Only recently have the owners seemed serious about selling to the county - or at least to someone, public records show. They are the heirs of a family that has long leased the land's abundant wellfields, the source of millions of gallons of the region's drinking supply.

That lease, now held by Tampa Bay Water, includes several hundred more acres in northeastern Pinellas County . Hillsborough's bid is only for the section in Hillsborough.

The owners - G. William Wilde of Key Biscayne and Peter Wilde of Brookline , Mass. - didn't respond to repeated requests for comment. An assistant for trust attorney Harry Cline said his clients had not authorized him to comment on the land.

The entire 1,018 acres have a market value of more than $19 million, according to property appraiser estimates. In a May 10 letter to the owners' representatives, Gremley said the county had applied for a state grant to help buy the property, 'though we will not have any indication if we will have funding until September.'

According to the Florida Communities Trust, a state program that helps local communities preserve open space and recreational areas, Hillsborough County applied for its maximum grant, $6.6 million, to help buy 500 acres of the Lake Dan Preserve, as the county has dubbed the area.

The program lists the total price as $13.2 million, with the county kicking in half - just for the 500-acre portion of the land. That's just about half the total acreage.

The owners have made it clear to the county that they're seeking top dollar for the land.

In a Nov. 13 letter to Gremley, Cline said the owners would consider selling to the county, 'however, please clearly understand that the valuation would be based upon a fair market value projecting the highest and best use for the lands.'

On Feb. 23, a real estate consultant for the trust wrote to Gremley to outline details for allowing county representatives and appraisers onto the property; he explicitly noted that the county wasn't the only potential buyer in town:

'The owners will continue to pursue a rezoning, or other development opportunities, to include considering offers of sale, accepting offers of sale, and in fact selling and transferring the property, in whole or in part, and this understanding with you and your organization will not constitute any restrictions in so proceeding.'

In fact, the owners are poised to successfully change the future land-use designation of the property. It has long been designated as 'Natural Preservation' in the comprehensive plan, the county's long-term blueprint for growth.

But in an ongoing update in the plan, the Wilde trust wants to change that designation to 'Agricultural Rural.' A piece of land designated as Natural Preservation is reserved for open space or parkland - and no homes can be built on it. But Agricultural Rural allows up to one home for every 5 acres.

According to planning commission documents, that would boost the development potential for the land to 203 homes. The owners asked for the change because, they said, the land was mistakenly labeled for Natural Preservation.

The planning commission staff agreed and is recommending the change. Executive Planner Melissa Zornitta said Natural Preservation lands must be either publicly owned or privately owned with a conservation easement that bans development of the land.

'It doesn't meet the criteria,' she said.

The new future land use makes the property more attractive to developers - and costlier when it comes to negotiations. County e-mails show that the owners could potentially build 144 homes on the property (less than the planning commission estimate because of wetlands restrictions).

If Hillsborough's environmental land-buying program made a winning offer today, the contract would have to be approved by the county commissioners. In addition to grants, the ELAP program buys lands for conservation with the money raised from a special property tax assessment approved by voters in 1990 for that purpose.

Voters approved up to a 25-cent annual tax on every $1,000 of property value, but the county has never levied the maximum.

Reporter Karen Branch-Brioso can be reached at (813) 259-7815 or kbranch-brioso@tampatrib.com.

Lake Wales May Annex Eight Properties


LAKE WALES – The City Commission will consider annexation of eight property tracts totaling 913 acres when it meets at 6:30 tonight in Lake Wales City Hall .

The proposed annexations include:

KTSN Horizon: 24 acres on Buck Moore Road , where a residential development is being planned.

City of Lake Wales : 47 acres on Hunt Brothers Road, which the city plans to use for spray irrigation of treated wastewater.

New Harvest Church : 9.3 acres on Hunt Brothers Road, where a new church is planned.

Padgett Property: 9.5 acres across from the Longleaf Business Park on U.S. 27, where a business park is expected to be developed.

Carter Property: 1 acre on U.S. 27 North, where an office is planned.

Waverly Partners: 260s acres near Waverly on Scenic Highway , where residential development is planned.

Okamarion: 42 acres off C.F. Kinney Road , where a residential development is planned.

Florida Roak: 520 acres on Masterpiece Road where residential development is planned.

In all, city officials estimate that the residential developments associated with the annexations could eventually total 1,700 to 1,800 units with a population increase of 4,000 to 5,000.

Weeki Wachee 400 feet deep

The drought has slowed the springs' flow enough for divers to reach record depths.

By CHANDRA BROADWATER
Published July 3, 2007

WEEKI WACHEE - The home of the Weeki Wachee mermaids may also be the deepest underwater cave system in the country.

On Friday night, divers from the Tampa-based Karst Underwater Research group got farther than any other divers in history to determine that the caves are at least 400 feet deep.

With the help of about 20 people on land, the exhausted but excited two-man crew emerged from the cool, crystal-clear springs at about 4:30 a.m. Saturday after beginning the dive at 6 p.m. Friday.

"Weeki Wachee is a crown jewel that everyone's coveted and wanted to get into, " said Karst Underwater Research president Jeff Petersen. "But nature's prevented that. This is a historic event."

Drought conditions have slowed the usual flow of the springs by nearly half, to about 97 cubic feet per second, Petersen said. As it has gotten drier on land, the not-for-profit research group began testing the flow in late May to determine when conditions would be right to dive.

Now divers can withstand the currents to make their way past the heavy flow and then drop into the cavernous underwater world. There the flow dissipates because the caves are so broad.

"It's still hard. You pull with a lot of strength to get in, " Petersen said. "And if you let go, you go flying back."

He likened the flow to hanging on to a flagpole in hurricane winds.

Once inside the caves, divers used torpedo-looking snub-nosed scooters and lights to go as deep as they could.

At about 350 feet down, one of the divers could see that the cave turned and went farther down toward a pit, Petersen explained. The crew thinks the rock probably comes back up like a valley of some sort to about 250 feet deep.

So what's it like down there?

"Imagine the Lincoln Tunnel, " Petersen said.

Think about all those lanes for cars and all that earth and water above, but picture it as a natural formation with lots of giant boulders and rock all over the place.

A diver all the way down there is like a little weightless spacecraft floating along with a light- a tiny object in an immense alien world, he said. Wherever the light goes is where the eyes follow to paint a mental picture of just how big or small a cave is.

"We lose track of just how far it is to go down, " Petersen said. "A 150 feet down is like 15 stories. So if you think about 250 feet down, that's like 25 stories of a building underground."

Researchers believe the Weeki Wachee caves are connected to another system known as Twin Dees Spring . Karst divers have previously located the main water source of this spring, located southwest of Weeki Wachee, and tracked more than 2, 000 feet of passages at about 300 feet deep in some places.

They also think the system connects with a well drilled on the northbound side of U.S. 19 by the Southwest Florida Water Management District for water sampling. That well punched into another cave underground.

Weeki Wachee spokesman John Athanason called the weekend discovery "amazing."

"To think that's all in our back yard, " he said. "We hope this helps to educate the public and for us to preserve the springs."

As long as the drought continues, Petersen said, Karst divers will continue to explore as much of the caves as humanly possible. They plan to dive again this weekend.

"If the aquifer starts recharging, we'll probably have to wait until next year, " he said. "And that's assuming our families don't kill us first. We're never around right now."

Chandra Broadwater can be reached at cbroadwater@sptimes.com or (352) 848-1432.

Lake Monroe duck deaths puzzle wildlife authorities

Health officials are stymied but note that no other birds and no humans have died.

Robert Perez

Sentinel Staff Writer

July 3, 2007

SANFORD

The number of mysterious mallard deaths at Lake Monroe has reached nearly 70, and state wildlife investigators have no idea why the ducks are dying.

The number of dead ducks found daily since last week around Marina Island has ranged from a single duck to a peak of 34 Friday.

"We had seven more this weekend," said Joy Hill, a spokeswoman for the Florida Fish and Wildlife Conservation Commission, which is leading the investigation.

The state Department of Environmental Protection sent a staff biologist to the area Monday to look for any potential environmental causes for the deaths, said Jeff Prather, a DEP spokesman.

Tests on water samples taken from the lake found a form of blue-green algae, Prather said.

"We're taking a look at that," he said. "But there is nothing definitive so far."

The results of necropsies -- animal autopsies -- and tests on blood taken from two dying birds have not produced answers, but the deadly effects appear to be expanding. Early on, only juvenile ducks were dying, but the deaths now run from ducklings to adults.

"I've never seen anything like this with so many birds," said Mary Beth Lake , a manager at Seminole County Animal Services.

The birds appear to be suffering from upper-respiratory distress and near paralysis before dying, Lake said.

Despite the growing number of unexplained deaths, state health officials say there is no public health threat. No other bird species has been affected, and the avian flu was ruled out early as a possible cause.

"As soon as we know something, we may act, but at this point it is not a public-health issue," said Denise Ward, a Seminole County Health Department spokeswoman.

State and local officials say they won't know what steps to take until they know the cause of the deaths. The answer may be to do nothing, Lake said.

"If it's an avian virus or upper-respiratory condition, we'll let it take its course," she said. "It will take out the weakest, and those who survive will be the superior stock."

Some have questioned whether the ongoing dismantling of the 1920s-era George E. Turner power plant across the lake in Enterprise may be contributing to the duck deaths. A Progress Energy safety engineer said that is highly unlikely, primarily because the duck deaths are occurring upriver from the plant.

What's more, contractors working to dismantle the plant have instituted strict safety and pollution-control plans to make sure there is no runoff or other contamination from the site, engineer Todd Brouette said.

"If there was as much as a drop or two of oil in the water, we would have to notify federal safety officials," he said. "There is nothing coming out of there that could be affecting them."

The mallards have long been a fixture on Marina Island , a man-made peninsula and marina that jut into Lake Monroe a half-mile from City Hall. The ducks congregate along and under a boardwalk outside lakefront offices.

On Monday evening, dozens sat quietly in the shade of the boardwalk while others swam in the lake nearby. A number of Peking and Muscovy ducks that live around the marina have been unaffected, as have other bird species in the area, including pigeons, blackbirds, crows and sea gulls.

A number of buzzards also have begun congregating along the Marina Island waterfront.

Robert Perez can be reached at 407-322-1298 or rperez@orlandosentinel.com.

Scores of dead herons a mystery

By CRISTINA SILVA
Published July 1, 2007

The mystery of the yellow-crowned night herons surfaced about two weeks ago when Kathleen Moran found the first of the dead birds near her front door.

Since then, residents near the intersection of 49th Street and 29th Avenue S have found dozens of birds lying motionless on their driveways, in the grass under the Australian pines where the herons nest, and on the sidewalk, ravaged after a neighborhood stray cat mistook the carcasses for lunch.

"It's very sad, " Moran said. "Who would do this, especially when it is nesting season and you have all these little baby birds around?"

The case has stumped wildlife officials who have traveled from as far away as Gainesville to study the fallen birds, but have yet to determine the cause of death.

Gulfport city officials seemed flabbergasted, and residents, who have taken to burying the birds in their own back yards, are spreading rumors that someone has been spraying harmful pesticides in the neighborhood.

Residents claim that at least 60 birds have turned up dead along this one street in Gulfport in recent weeks.

Also found dead were nearly a hundred tree frogs, most of which, unlike the birds, will not be missed, residents said.

Initially, Bob Williams, Gulfport 's parks supervisor, chalked up the deaths to another case of bird eats bird.

"We've got a lot of birds at Hoyt Field, " Williams explained. "The hawks attack the doves. They will hit them with their beaks and then eat them real quick. We find bird carcasses all the time."

He canvassed 29th Avenue S for clues last week, but save for a few lone feathers, everything seemed in order.

Still, to a city administrator, it is always wisest to run through the worst-case scenarios. A few dozen deceased birds could mean scary stuff. Maybe avian flu. Or biochemical warfare.

"Especially nowadays with terrorism stuff, " Williams said, "someone could have poisoned the water."

Linda Holmes, a property manager for Caldwell Realty, which oversees the Pontiac Apartments on the corner of 29th Avenue and 49th Street S , was certain someone had been seen spraying chemicals near the trees weeks before the first dead bird was found.

"Whatever it was, it took them all out at once, " she said.

Usually, five reported cases of dead birds in an area is cause for alarm, said Gary Morse, spokesman for the Florida Fish and Wildlife Conservation Commission.

The cause of the deaths could be anything, especially something banal, like someone forgetting to properly clean their bird bath, Morse said.

The commission sent two biologists last week to pick up bird carcasses. The necropsy results will be available in a few weeks, Morse said.

But the results will only do so much to assuage the grief of some residents in this part of Gulfport , where the nesting herons have been treasured for decades.

Only a few blocks from Boca Ciega Bay , 29th Avenue S is lined with quaint, single-family homes, a series of apartment buildings shaded by towering trees and patches of shrubbery.

It isn't the kind of street where someone would set out to intentionally kill herons, Moran said.

And that's what worries her. What else could it be?

Cristina Silva can be reached at 727 893-8846 or csilva@sptimes.com.

Fast Facts:

Deaths monitored

The Florida Fish and Wildlife Conservation Commission keeps tabs on dead wild birds to monitor potential health concerns and protect local animals. To report a deceased bird, go to www.myfwc.com/bird.

Watershed workshops

The Southwest Florida Water Management District will offer a series of workshops in Hernando County through Aug. 6 to ask developers, engineers and the general public to review and comment on 22 new watershed management plans. The first workshop will be from 4 to 8 p.m. July 9 at the East Hernando Branch Library, 6457 Windmere Road . The watersheds to be discussed will be Toachodka, eastern Hernando Withlacoochee River , Croom and Little Withlacoochee . For information, or to find out which watershed you live in, visit www.WaterMatters.org/floodplain, or call 796-7211, ext. 4297.  

GRU loses $430,000 in water annually

By NATHAN CRABBE

Sun staff writer
Over the past five years, GRU reports losing an average of 9.3 percent per year of the water it pulled from the Floridan Aquifer.

As Gainesville Regional Utilities urges residents to conserve water, the utility last year lost about 985 million gallons from leaks and other problems.

That translates to more than $430,000 of water down the drain - or the amount about 27,800 residential customers would typically use over the course of a year.

Some of the water was stolen through illegal connections. Some was basically given free to customers due to inaccurate meters. Some leaked through broken pipes.

GRU is working to address the problem by replacing old meters and locating leaks with acoustic equipment, said Tony Cunningham, utility engineer. The utility also seeks out illegal connections.

But Cunningham said GRU will never eliminate all water loss, called "unaccounted-for water" in utility terms.

"No one operates a perfect system," he said.

Over the past five years, GRU reports losing an average of 9.3 percent per year of the water it pulled from the Floridan Aquifer. The utility spends about $438,000 to pump and treat the amount of water that it loses in an average year, Cunningham said.

The utility has a good record given the age and size of its system, said Dwight Jenkins, director of water-use regulation for the St. Johns River Water Management District.

"If it's 10 percent or less, then you're doing pretty darn good," he said.

The district, which permits water use for GRU and other utilities in the region, requires corrective measures for utilities exceeding 10 percent. Cunningham said GRU has done such measures voluntarily for more than five years.

Although the district doesn't maintain a master list of "unaccounted-for water" figures, Jenkins said most utilities fall in the 5 percent to 10 percent range. A look at a handful of utilities shows most beat GRU's rate.

Orlando Utilities most recently reported a rate of 5.4 percent, better than GRU in any of the previous five years. The city of Palatka reported 7.7 percent, a rate GRU beat only once in that time period.

Jenkins said DeLand's figure of 14 percent is among the highest in the district. Green Cove Springs reported 11.4 percent in 2002, but an extensive line and meter replacement program helped drop the number to 6.2 percent in 2004, according to the district.

Aging pipes will make leaks a major problem in the coming years, said Jack Hoffbuhr, executive director of the American Water Works Association

The association estimates utilities will need to spend $300 billion replacing old pipes in the next three decades - yet are on pace to spend just half that figure. He said higher rates are going to be needed to pay for such work.

"We're going to have to step to the plate and invest in the future," he said.

GRU spent more than $1 million during the past five years fixing pipes and replacing meters, according to the utility. Cunningham said the utility has to balance the benefits of doing more with the cost to ratepayers.

"We're doing our due diligence in taking care of the system," he said.

Fixing leaks is more cost-effective than just ripping up and replacing old pipes, he said. GRU employs a consultant who uses acoustic equipment to detect the unique sound waves created by leaks.

About 100 miles of pipes are inspected each year - meaning the entire 1,050-mile system is inspected over the course of a decade.

The utility replaces all water meters that reach 18 years old. Meters that age become inaccurate enough that it makes financial sense to replace them, Cunningham said.

He said GRU will never be able to eliminate the problem of "unaccounted-for water." He compared the problem to a tube of toothpaste, which is nearly impossible to completely squeeze of its contents.

"You're never going to be completely efficient," he said.

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

Thousands of vested lots in southwest Marion challenge future water supply

Free from modern building and water-use limitations, homes pose potential crisis if built out.

OCALA - Burt Eno left Orange County four years ago to escape sprawl.

The farms that surrounded his five-acre homestead were being developed, taking over the green space that attracted Eno to the area in the first place.

"It was as if Orange County didn't know any better than to allow everything, every development," he said.

He complained to elected officials about increased traffic, about the county blindly opening the floodgates to uncontrolled growth, about dwindling natural resources, including water.

"They said, 'You're crazy,'Ê" Eno recalled. "They looked at me like I was nuts.'"

By then Eno had already retired as a University of Central Florida engineering professor. He moved northwest to the city of Dunnellon , population: less than 2,000.

But now Eno sees he didn't do his homework. The same kind of development he hoped to escape was on southwest Marion County 's doorstep and knocking - loudly.

Most of the thousands of lots in southwest Marion were vested during the late 1960s and '70s, when platting rules and water use regulations were far less stringent than they are today. That means the rules under which the lots were approved years ago are still applicable. These lots also are mostly immune to many of the new water conservation codes the County Commission is considering.

This is true in other parts of the county, and countless other places in Florida . But the issue is particularly important in southwest Marion because the number of unimproved lots - at least 17,000 - is so great, and because the environmental impacts are so potentially dire.

As vast developments grow, they will continue to pull water from the aquifer. When the lots are developed and landscaped, fertilizer runoff will head into the Rainbow and Withlacoochee rivers and the groundwater, where pollutants will disrupt the environment's delicate balance.

Marion County Planning Department Senior Planner Lisa Walsh is creating a study to help local elected officials examine development along U.S. 41.

"We can't do anything about what's out there now," Walsh said. "The study is to give people an opportunity to decide about what should be there in the future."

WATER IS KEY

What fuels these developments is not only money, but also water: Water to drink, to cook, to bathe - and to keep lawns green. At least half of a household's water use goes to irrigation, studies show.

Unable to hook up to local city or county water supplies because they are not close enough, subdivisions turn to the Southwest Florida Water Management District for permission to pump the water they want out of the aquifer.

The water agency negotiates with developers as to how much water they can have - and the conservation methods they must undertake. The methods usually include reuse of wastewater and limiting daytime lawn irrigation, said water district spokesman Michael Molligan.

The average water use in Marion County per household is 203 gallons per day. The average in the water agency's 16 counties: 115 gallons per day.

Molligan said his agency does not clamp down as hard as it could because Marion is not in a "water use cautionary" zone.

Molligan said that as long as there is no harm occurring to the area's water supply, the county would stay off the cautionary list. Otherwise, the agency would limit well pumping to 150 gallons per day per household.

The county's thirst for water will catch up with it, though. The county currently uses 87 million gallons of groundwater per day. A recent county study predicted that by 2055, at the current population growth rate, water demand could climb to 203 million gallons per day.

Unfortunately, there is only enough groundwater in Marion to supply half that amount without significant harm to area lakes, wetlands and springs, the study predicts.

But Molligan said the water district was not in the business of withholding water that rightfully belonged to residents. "We can't deny a permit based on someone predicting they'll run out of water in 50 years," he said. "Right now there's enough water to meet the needs."
' YOUNG COUNTY '

Until recently, Marion County has not done much to curb its residents' water use. While county water resource officials are proposing water regulations now, historically, Marion was almost a free-for-all.

The problem is that the county has practiced little oversight. "The county is a relatively young county in terms of planning and progressive action," said Walsh, the county planner.

"That's because the county has been very rural ... and not a densely populated county. We haven't had that much going on. And because of a lack of money, the county relied on developers," she said.

Walsh said her study is intended to help residents decide the future of southwest Marion by laying out what is there now and which developments the county can influence.

Developments outside her study in the area include the potentially biggest ones: Cool Springs and Rainbow Lakes Estates.

"The [developments] that exist there now we can't do much about," she said.

But county government can do something about the future, she said. It is considering ordinances that would put restrictions on lawn watering (which would affect all developments) and put county restrictions on future developers to ensure groundwater is replenished.

While the two ordinances will play a significant role in slowing water consumption, Walsh said the county is at "the toddler stage" of taking stock of its development and resources.

Southwest and other state water agencies currently have watering restrictions but no enforcement arm.

Troy Kuphal, the county's water resources manager, said that while the new ordinances are needed, developers' mind-sets must change and focus on conserving water. Homeowners also have to be educated about planting drought-resistant vegetation and grass, he said.

But developers seldom come to Kuphal for advice.

"I can count on one hand the number of times they have," he said. "They're not asking how, they're just asking what are the minimal requirements?"

And that thinking usually results in lush, green lawns where "grass is the number one crop" in Florida , Kuphal said.

" Florida is marketed as a tropical paradise, but that's just an illusion," Kuphal said.

NO FORMULA

But the exact effects of development in Marion County on water reserves and the environment are not known, said the county's water resource project manager, Rolly Sauls.

A development's impact depends on its homes and on how their recreational areas are designed and built, she said. There is no formula that says groundwater will drop by a certain amount for each 1,000 homes built.

But what is known is that pollution levels in local waterways from fertilizer on lawns and from agriculture is increasing. Nitrate levels in both the Rainbow and Silver rivers have increased 500 percent during the past 50 years, according to a recent county study.

"We did not have a plan to protect our water. That's why our springs are going to hell," Kuphal said. "The springs are degrading on the state's watch, so the county needed to take over that watch."

"Development on its own is not the problem, it's how we develop and depends on individuals' decision on how they maintain their property," Kuphal said.

But until the county passes its springs protection plan and landscaping rules, "there are no standards," Sauls said.

TAKING INITIATIVE

Juliette Falls developer Jeff Finke said his development did not wait for the county to create those standards. It imposed standards on itself, working with the Southwest water district and hired landscape professionals.

"Most conscientious developers are doing that on their own already," he said.

He said his home buyers will be required to purchase one of his landscape plans, that include irrigation systems preset to watering no more than twice each week.

Lots are between one-third and two-thirds of an acre, but only about 20 percent of that land will be left once homes, patios and pools are built. Of the space left for lawns, only 60 percent can be grass; the rest must be drought-resistant landscaping, Finke said.

The development's 18-hole golf course will be irrigated with water from its wastewater treatment plant and from ponds used to capture rainfall.

But operations manager Tom Cioffi said that will likely still not be enough water for the golf course; water will have to be pumped from the aquifer.

Finke said Juliette Falls will also have nearly 140 acres set aside as undeveloped forest space with only walking trails.

Juliette Falls will be allowed to pump as much as 263,000 gallons per day for an estimated 540 homes, shared community space and a golf course. That equates to 487 gallons per home per day.

CHANGE COMING

County Commission Chairman Stan McClain said the solution in southwest Marion is planned growth and educating landowners to use water and resources wisely.

"The level of awareness has been raised by the process we're going through," McClain said, citing the Springs Protection Program and the Landscape and Irrigation Code. "And are we going to have conservation methods in place - yes we are."

So for now, the county is left to play catch up, he said, and must deal the best it can with the more than 17,000 undeveloped, vested lots in southwest Marion . There are a total of 100,000 undeveloped lots in Marion .

Meanwhile, Burt Eno of Dunnellon says the county and its residents are ignoring the problem of development in his area.

"The development is overwhelming and the public is acting like ostriches," Eno said. "If they stick their head in the sand, it might go away. But it's not going to go away."

Fred Hiers may be reached at fred.hiers@starbanner.com and (352) 867-4157.

KEY DEVELOPMENTS IN SOUTHWEST MARION

WELL UNDER WAY

* Rainbow Lakes Estates. Number of lots: 11,134. Number still undeveloped: 9,694. Water: Private wells.

* Rainbow Springs. Number of lots: 1,986. Number still undeveloped: 676. Water: Management District allows using 480,000 gallons of groundwater per day.

* The Village of Rainbow Springs. Has 274 homes and room for 329 more. Water: District allows 1.3 million gallons of groundwater per day.

* Rainbow Acres. Has 222 homes, room for 1,093 more.

JUST STARTING

* Juliette Falls . Grand opening in October. The plan: Build 540 homes on 543 acres. Water: District will allow up to 263,000 gallons of groundwater per day.

MAYBE, MAYBE NOT

* Cool Springs. Approved for as many as 7,500 homes.

* Rainbow River Ranch. The plan: Build 450 homes on about 260 acres. Conservation groups want the state to buy the land and preclude development, but the prices may be prohibitive.

-Source: Marion County Planning Department and city of Dunnellon records

Looking  creeks in fight against pollution

By KATE SPINNER

kate.spinner@heraldtribune.com

 

From Ainger Creek to Whitaker Bayou, Sarasota County wants to clean up its waterways on a micro level.

 

Sixteen tidal creeks that flow through Sarasota and neighboring counties are the focus of research that will identify how different types of development affect water quality.

 

The creek project, combined with another study that analyzes pollution in storm water, will pinpoint neighborhoods in need of better pollution control and shape future development.

 


BY FRED HIERS
STAR-BANNER

"When we look at all those pieces, we hope we will be better able to 

Looking at creeks in fight against pollution

By KATE SPINNER

kate.spinner@heraldtribune.com

From Ainger Creek to Whitaker Bayou, Sarasota County wants to clean up its waterways on a micro level.

Sixteen tidal creeks that flow through Sarasota and neighboring counties are the focus of research that will identify how different types of development affect water quality.

The creek project, combined with another study that analyzes pollution in storm water, will pinpoint neighborhoods in need of better pollution control and shape future development.

"When we look at all those pieces, we hope we will be better able to answer why is this creek healthy and this one is not healthy, and that will help us understand how to improve our degraded water bodies," said Jack Merriam, environmental manager for Sarasota County.

People care about their creeks because they swim, fish and boat in them, Merriam said. The creeks also provide habitat for juvenile fish.

While the focus on the creeks partly comes from the county's need to meet federal pollution laws in North Roberts Bay and Lemon Bay, the scrutiny also is driven by the county's desire to take a "holistic" approach to creating a healthier environment, Merriam said.

Because creeks do not recognize political boundaries, part of that approach stretches the research into Manatee and Charlotte counties. Ainger and Gottfried creeks, for example, flow though the Englewood sections of both Sarasota and Charlotte counties, and Manatee County borders Sarasota Bay.

The tidal creek index

Three years ago, Sarasota leaders realized they needed an easy way to keep tabs on the health of their creeks. So they hired Ernie Estevez, director of Mote Marine's Center for Coastal Ecology, to come up with a grading system.

Watershed studies

Knowing how much life thrives in the creeks is not enough information to prevent healthy creeks from turning sick or to turn sick creeks into healthy ones. For that reason, the county also is looking at activity near the creeks.

If the survey finds a large amount of muck on a creek bottom, for example, the county will try to find the source of that muck.

It could be that the neighborhood needs street sweeping or that a construction site allowed dirt to fall in the water.

"The creeks have good or bad water quality as a result of what's going on in the watershed," Estevez said.

The land-use studies, expected to be completed in the fall, also will put a number on how much pollution certain types of development add to the county's waterways.

The county will test water that flows from commercial shopping centers, industrial parks, old residential communities, new residential communities and farmland.

The information will lead to localized pollution controls that fit Sarasota's environment and could pave the way for new laws to encourage development that minimizes pollution.

Such "low-impact" developments often rely on landscapes planted in native vegetation to reduce water and fertilizer demands and grassy swales to control storm water.

The grass slows water down and helps to absorb pollutants, such as oils that drip from cars.

Merriam speculated that the grassy swales in the neighborhoods near the Englewood creeks, Gottfried and Ainger, keep them healthier than many other creeks in the county.

Such simple design elements can have a huge impact on water quality.

In fact, said Merriam, the county plans to eventually re-engineer some of its older communities with drainage systems that reduce pollution.

Most of those older communities also are closest to the bay, which makes the need to retrofit them even more pressing, Merriam said.

"One won't do a great deal, but collectively they could have a significant cumulative impact," Merriam said.

Water plant's problems bubble

By THOMAS R. COLLINS

Palm Beach Post Staff Writer

Monday, July 02, 2007

WEST PALM BEACH — On June 7, a gasket on one of the city water plant's ozone generators - the only one working at the time - sprung a leak, squirting water on the unit's electric wiring, causing it to fry and filling the ozone room with black smoke.

The ozone generators are important because they're used to clean dirty water, called backwash, used to wash the plant's huge beds of sand and gravel that filter the drinking water.

Palm Beach County Health Department officials say the incident shows that the plant needs to take better care of its equipment.

"This could possibly have been avoided had they been doing that," said Michael Hambor, a water quality supervisor with the health department.

City officials say the water quality never was compromised.

The shutdown of the generator is the latest in a list of maintenance and operations problems at the plant, where current and former workers say oversight and diligence lag behind that at other plants.

In 2005 during Hurricane Wilma, a boil-water notice was issued when a generator at the plant stopped working. A few months earlier, the city water tasted and smelled very bad because of an algae outbreak.

Health department inspectors are hesitant to say West Palm Beach 's problems are worse than elsewhere because all water plants have idiosyncrasies that make comparisons difficult.

The inspectors have pushed plant officials, which treats drinking water consumed by more than 100,000 customers in West Palm Beach , Palm Beach and South Palm Beach , to change their treatment process and tend to maintenance problems. They say top plant officials appear to be serious about addressing the problems.

The issues include ozone leaking from generators, excessive sludge buildup in a basin where compounds drop from the water stream, incomplete data on chemicals being added to the water, and sand and gravel being improperly mixed in filters that clean the water.

City utility officials downplayed the seriousness of the problems. They said they're being corrected.

"All utilities have the same issues," said Assistant City Administrator Ken Rearden, who oversees public utilities. "Equipment breaks down, and we have to fix it. That's why we have the staff that we do."

Some plant workers say frustration is rampant among employees over how the plant is run.

"It's been run into the ground," said Robert Kline, a plant operator who left last year. He was so frustrated that he started an Internet blog about the problems.

"The maintenance staff has really been overwhelmed with the work," he said. "It's really too much for the staff they have."

Another worker put it more bluntly.

"We are the laughingstock when you talk to the other water plants," said the worker, who requested anonymity for fear of repercussions from supervisors.

The most recent issue was the burnout of the ozone generator.

More than that, current and former workers say, the generators leak. The chemical causes a tingling in the lips, aches in the teeth and irritation of the lungs, according to one worker.

City officials say the generators leak frequently because the washers, or O-rings, go bad when oxygen erodes them. Contrary to the workers' accounts, they say that when leaks begin, an alarm goes off and the unit immediately shuts down.

"Any alarm and the whole system shuts down," Assistant Utilities Director Coy Mathis said. "These here have a lot of O-rings and a lot of connections and develop leaks all the time."

Workers say the leaks are so constant that fans are brought in to blow the ozone out of the room, keeping the alarm from going off.

City officials say the shutdown system is not hindered by the fans, which are used only for temperature control.

Kline said the ozone has a powerful "sickly sweet smell."

A meter that registers the amount of ozone in the air in the generator room showed Thursday afternoon that the level was acceptable under federal Occupational Safety and Health Administration standards.

At certain levels, ozone can reduce lung function, aggravate asthma, inflate and damage the cells on lung walls and cause permanent lung damage, according to the federal Environmental Protection Agency.

City officials were unaware of any health problems.

"We don't have any proof that any employees have been exposed to ozone at all," Rearden said.

Other problems at the plant include:

• Excessive sludge buildup in basins where compounds fall out of the water stream during the treatment process.

Health department officials say the system for cleaning the sludge, a Spyder system installed several years ago, sometimes has trouble keeping up with the amount of sludge, or the waste products pulled from the water. When that happens, sludge on the bottom of the basin grows too deep and can hinder the treatment process.

"I think there was a lot more sludge down there than they anticipated," said Scott Harrison, an environmental specialist with the health department.

City officials said the amount of sludge increases when the city relies on Lake Okeechobee water during dry times. They said the Spyder system works well.

"When you don't have dirty water, you don't have a lot of sludge," Mathis said.

• On their last walk-through of the plant in April, health inspectors noticed that reports on the amount of time that ammonia and chlorine come into contact with the water did not match with where the ammonia and chlorine actually were being injected.

That contact-time information is used to assess the effectiveness of the treatment.

City officials say the injection points were changed immediately and new reports will be given to the health department.

• Two filters that inspectors observed had sand mixed with gravel, when the substances should sit in the filters in separate layers for proper filtering of the water.

That happened because there was not enough water run through the filters when they were cleaned.

City officials say they've adjusted the settings so the sand and gravel will settle properly.

The filter problems, together with the contact-time question and other observations, led health inspector Luanne Moore to write in an internal e-mail that the plant's ability to kill and remove viruses and Giardia lamblia, a parasite, was "highly questionable."

• Sixteen of the city's 32 sand and gravel filters lack flow meters meant to measure how much water is running through them. That information is supposed to be used to keep the plant running efficiently.

City officials say the meters will be added.

The city promises major changes in the water quality with overhauls to the treatment process.

A new process, without the lime used now, is meant to eliminate a calcium byproduct that coats the sand and gravel filters and impedes water treatment. Partial use of the new process has improved the taste of the water to some degree, and the permanent fix is near, Rearden said.

"We're very, very close," he said.

In addition, the city is considering the use of filtering membranes, ultraviolet treatment or ozone, which now is used only for the backwash.

Estimates range as high as $34 million for all of the changes.

"We've got to have a lot of money to do that," Rearden said.

Kline, the former plant operator, said the plant needs better leadership for long-term improvements to occur.

"Virtually everything that's been installed there has malfunctioned," he said.

He said the plant's components fit together awkwardly.

"It's the Frankenstein of water treatment plants," he said. "You have some things from the 1920s right up until recently."

Hambor of the health department would like the plant improvements sooner.

He said long-term change can come slowly at larger plants like West Palm Beach 's because so much money is involved and care must be taken to make sure the right decisions are made.

"I wouldn't say they're dragging their feet on anything," Hambor said. "They really do want to comply with the regulations."

Officials stand firm against new I-95 interchange


NEW SMYRNA BEACH -- It remains to be seen if other local cities share New Smyrna Beach 's opposition to a proposed Interstate 95 exchange at Pioneer Trail.

The Volusia County Metropolitan Planning Organization is going to debate it in August, Mayor Jim Vandergrifft said at Tuesday's commission meeting.

"We might do an arm wrestling contest or something," he said.

But, he said the city plans to fight hard to ensure the estimated $20 million project, which is currently unfunded, is taken off the group's long-range transportation plan.

Citing traffic and environmental concerns, city commissioners unanimously approved a resolution June 12 requesting the interchange be removed from the plan.

Last week, the planning organization's technical committee -- made up of city and county planners and engineers -- recommended a decision be deferred about removing the interchange until the Southeast Volusia Regional Transportation study is complete.

But New Smyrna Beach Director of Development Services Mark Rakowski said he didn't see "the use of waiting for the traffic study" when the city opposed the interchange for environmental and other reasons.

At the board meeting Tuesday morning, it was decided the issue would be discussed and possibly voted on at its Aug. 28 meeting.

Comments on the interchange were mixed.

"I have no idea how I am going to vote on the Pioneer Trail project," said Ormond Beach Mayor Fred Costello, who serves on the group's board. "I want to hear from the Port Orange and New Smyrna Beach people in August. This is one of the few times the MPO might work to make a difference."

Port Orange Mayor Allen Green said he was an environmentalist and not pro-growth, but the traffic logistics of that area needed to be looked at.

"My concern is in 25 years, how are we going to get all those people (from planned developments) out of their communities without sending them all up Airport Road right through Port Orange," he asked. "I'm looking for a feasible way to solve this problem."

Several residents spoke out against the interchange, saying it would spoil the area.

Tomm Friend, a Turnbull Bay Road resident and an advocate of Doris Leeper Spruce Creek Preserve, said the interchange and possible commercial development there would set back years of planning for the Turnbull Bay corridor and spoil the Preserve.

"I don't want to see 30,000 cars a day going past Martins Dairy Road using the off-ramp to a 100-acre commercial center in the middle of Turnbull Bay corridor," he said.

Karl Welzenbach, the group's executive director, said since there is no money programmed for the interchange, it may take 20 years for it to be built.

New Smyrna Beach officials have said even if there's no funding now, they still want the interchange removed, since there's always the chance a developer might be willing to foot the entire cost.

If the project is left on the plan, it could also be factored into other studies and mess up the results, they've argued.

melanie.stawicki@news-jrnl.com

Protecting Pinellas' treasured places

By A TIMES EDITORIAL
Published July 2, 2007

The most immediate threat to Pinellas County 's Brooker Creek Preserve was averted when the school district offered up a vacant school site in northeast Pinellas for construction of youth ballfields. If not for that offer, a county plan to let a private group build a youth sports complex inside the 8, 300-acre nature preserve might have gone forward. Yet Brooker Creek Preserve, and indeed all of Pinellas' regional parks and environmental lands, remain at risk. It becomes clearer every day that only a county charter amendment can adequately protect these valuable lands.

The permanent protection residents want would not be provided through a new ordinance drafted by county officials. Promoted as a means of giving residents more power to determine the future of parks and environmental lands, it instead seems designed to protect the County Commission 's flexibility to use or dispose of such land as it sees fit.

True, the proposed ordinance requires a countywide referendum before the commission can sell, transfer, or lease for more than 10 years any regional park or environmental property. But there are six large exceptions to the referendum requirement that are creating unease among supporters of open space in Florida's most densely populated county.

Without asking voters, the county could hand over land to other parties for improvement or expansion of existing roads in parks and preserves. Or exchange those lands for "reasonably equivalent" lands if commissioners thought it in the public's best interest. Or give the land to another government entity for a public purpose.

Also, any park or environmental property that was originally purchased by county utility money - close to half of Brooker Creek Preserve, to name just one example - could be used for utility projects such as wells, water lines or water storage tanks. Other parks or preserves, no matter how they were purchased, could be sold or given up for utility projects if county commissioners found the projects "consistent" with the management plan for the land. So the protection would be only as good as the intentions of a County Commission that already has demonstrated it cannot be trusted to do the right thing in protecting Brooker Creek.

Commissioners have agreed to add to the draft ordinance a referendum requirement that would kick in if the county tried to change or repeal the ordinance in the future. But since the ordinance has so many exceptions, local environmentalists are now pushing for a county charter amendment that would provide more solid protection for places such as Shell Key, Brooker Creek, Weedon Island , Boca Ciega Park , Sand Key Park and Fort De Soto Park.

Charter amendment advocates are prepared to use the difficult citizen petition process to get an amendment on the ballot, since the easier route - a ballot question initiated by the County Commission - has been blocked. Only Commissioners Calvin Harris and Ken Welch have supported a charter referendum. Other commissioners should join them. These lands belong to the people of Pinellas, and the voters should control their future.

OrlandoSentinel.com

Lake Eloise Estates residents push for canal restoration project

WINTER HAVEN - There was a day when the waterway along the west side of Lake Eloise Estates hummed with the sound of boaters passing through and the abundance of turtles, bass and otters delighted residents with their presence.

"It's unrecognizable now," said Jack Cannon, a resident on Edgewater Drive for nearly 30 years. "No boats can use it anymore. It hasn't been maintained in so many years that now it's mostly weeds and muck. There's not even any wildlife to enjoy anymore."

Cannon and other residents from Lake Eloise Estates and Cypress Point Subdivisions have been trying to get the county to restore the waterway that runs along their property. At a recent County Commission meeting, an emotional plea was made to the board to accept responsibility for the waterway, which was originally given to the county to maintain.

"We're offering to pay 50 percent of the cost to clean out the canal," Cannon said. "The county could match that and we could get it done, but so far all we've gotten is refusal. They keep considering it a drainage ditch and not a waterway."

Lake Eloise Estates was developed in the spring of 1960 by local developer Carlton Dorr. The subdivision, with a 60-foot-wide waterway approximately 12 feet deep and 1,680 feet long on the west side, was designed by Polk County engineer L.R. Isbell. The dedication and approval on the recorded plat confirms that both the street and the waterway were dedicated to and accepted by Polk County . For more than 40 years, residents and the general public have used it for fishing and as a navigable waterway. Fish have spawned there, and birds, turtles, small alligators, otters and many other wildlife species have benefited from the waterway.

"It's now being used for stormwater drainage from Orange Manor East, Orange Manor West and the Lake Grassey area south of State Road 540A," Cannon said. "We, the residents along the waterway, vehemently resent anyone within the county government labeling it a drainage ditch. In fact, Florida state statutes prohibit changing any recorded subdivision plat without amending it by having the current subdivision property owners' expressed approval and notarized consent. The county cleaned out the canal in 1978 so boat owners could use it. Why won't they continue to maintain it?"

David Krone, a resident of Lake Eloise Estates for 20 years, has made some headway in giving residents hope that the waterway will be restored to its original condition. Polk County Neighborhood Partnership has agreed to a matching grant, and the Cypress Point Homeowners Association is agreeing to participate (equally per household) with Lake Eloise Estates ( Edgewater Drive ) residents to match the grant funds.

Krone also found a contractor, Dispose Rite Environmental Services, to clean and dredge the area across from the new subdivision on Helena Road at a cost of $85,000. The Polk County Natural Resources Division also has agreed to install a sediment catch basin on the street drainage at the cul-de-sac to prevent debris from piling up and causing problems again.

"We had Dispose Rite come out ... and he had a probe that went down 5 feet of solid muck," Krone said.

"Time is of the essence on this project with the summer rain," he said. "Most of the cost is removing the water, so we're trying to move as fast as we can on this project. It's been 30 years and it's time to give this waterway some attention."

Although the county has referred to the waterway as a "drainage ditch" and not publicly dedicated county property, I. Weston Wheeler, a Winter Haven attorney from Wheeler & Traviss, P.A., did a search of public records in 2001 and determined that the waterway was dedicated to Polk County as part of the recording of the Lake Eloise Place Unit One Subdivision in 1960. It was Wheeler's determination that it specifically stated on the recorded plat that Polk County accepted the dedicated "streets, roads, avenues, and/or waterways shown hereon" subject to the roads being constructed to county standards, which puts the responsibility of maintaining the canal on the county's shoulders.

County Commissioner Jean Reed, county Natural Resources Director Jeff Spence and county Drainage Coordinator Phil Irven went to look at the canal June 19. Reed then encouraged the residents to share their situation at the next County Commission meeting.

At that meeting, commissioners expressed concern as they saw slides of the clogged and weeded waterway, with some admitting that the sediment could leak into Lake Eloise and impact the bass in Winter Haven 's Chain of Lakes.

The board agreed to consider the problem and propose a solution at a later date.

"You were dedicated a beautiful waterway," Cannon said at the closing of his presentation to the commission. "You abused it. This waterway adds to our property value and encourages wildlife to live here."

Designed to restore the waterway to its original condition, the project will consist of removing 5 feet deep by 20 feet wide by 1,700 feet in length of sand, muck and debris from the canal while the water level is low from the current drought. With a matching fund grant, the $85,000 project would cost $1,250 per household.

"All we want is the county to meet us halfway," Cannon said. "We've got the contractor, we've got the residents willing to pay half, we're just waiting on the county to step up to the plate."

diane.nichols@newschief.com
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Ranch flies forward on 4-1 vote

Cow pasture south of St. Cloud could welcome planes, horses

Daphne Sashin

Sentinel Staff Writer

July 1, 2007

KISSIMMEE

The fly-in community proposed for a cow pasture south of St. Cloud cleared its first major hurdle Monday, winning the approval of county commissioners on a 4-to-1 vote.

Owner and developer Jeff Gelman plans a 389-home community on 2,200 acres south of Canoe Creek Road and north of Lake Kissimmee . The property is known as the Bar 7 Ranch.

The community is proposed to be divided into two parts. To the north, nearly 250 homes would have individual taxiways to one of two private 5,000-foot airstrips. The southern portion would be designed as an equestrian community, with 31/2-acre estates accessible to riding paths from their side yards.

The project is several miles south of the county's urban growth boundary, inside which the county said it wants to house the majority of new residents through the next 20 years. Project consultant John Adams said the proposal exceeds the county's open-space requirements by nearly 250 percent.

The developer must get a separate County Commission approval -- with another public hearing -- for the proposed private airport.

He also must secure permits from the Federal Aviation Administration and other agencies.

As part of those approvals, he will have to address fuel storage, hazardous-waste management, effects on off-site eagle's nests and other issues, Adams said.

While Commission Chairman Ken Shipley initially voiced concerns that the project wasn't a good fit for the area, only Commissioner John Quinones voted against the zoning change. He said he would have preferred a community of 5-acre ranches with no airport, which the developer could have built without a rezoning.

"Without the airport, I would have been more agreeable to it," Quinones said Tuesday, adding that he worries the airport could present an obstacle when the county wants to build new fire stations, roads and other residential communities in the surrounding areas.

Cynthia Meketa, a volunteer eagle monitor and a member of the Kissimmee Valley Audubon Society, was the only resident to speak at Monday's public hearing.

"My question to you: Is this right for Osceola County and its residents?" Meketa asked the commissioners. "The approval of a zoning change far to the south of the urban growth boundary with hundreds of homes doesn't sound like you're being sincere about growth management."

Meketa suggested the development would create pollution from aircraft fuel, horse waste and "highly landscaped yards" that would find its way into the Kissimmee River valley, while posing hazards to wildlife.

Shipley said Friday the project didn't fit with his vision for the area but the staff planners supported it and there was no "opposing competent testimony that would give me the right to deny it."

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

 

2007 farm bill to help Florida growers

With the 2002 farm bill expiring Sept. 30, Florida growers and other U.S. specialty crop producers are demanding their fair share in this year's bill.

BY SUSAN SALISBURY

Palm Beach Post

Lettuce, celery, grapefruit, strawberries and the other fresh fruits and vegetables Florida produces in abundance have traditionally received minimal support in the nation's $80 billion-a-year farm bill.

Instead, farmers who grow wheat, corn for feed and processing, soybeans, rice and cotton -- known as ''program crops'' -- have received the vast majority of subsidies.

Last year, that amounted to more than $16 billion in direct payments, according to the U.S. Department of Agriculture's Economic Research Service.

This year, as the 2007 Farm Bill is being shaped to replace the 2002 bill that expires Sept. 30, Florida growers and other specialty crop producers across the nation are demanding their fair share.

''Our belief all along has been the specialty crop industry deserves equitable treatment in the farm bill along with all other producers,'' said Michael Stuart, president of the Florida Fruit & Vegetable Association in Maitland.

Fruits, vegetables and tree nuts make up almost 50 percent of U.S. crop value, according to the U.S. Department of Agriculture. But the producers who last year formed the 115-group Specialty Crop Farm Bill Alliance are not asking for direct payments such as the program crops have received since the 1930s.

SEEKING TEAMWORK

''We are looking for a cooperative approach with the federal government in important areas including nutrition that would have a direct benefit to the health of America ,'' Stuart said. ``We are looking for help in terms of research in order to keep the domestic industry healthy and competitive.''

With only so much money to go around, there's a fight between agriculture's traditional subsidized program crops and the nonsubsidized.

Late last month, the subsidy crops won in an early skirmish as the House committee that oversees subsidies voted to continue the payments for another five years.

Rep. Tim Mahoney, D-Palm Beach Gardens , Florida 's only member of the House Agriculture Committee, said the vote wasn't surprising. Mahoney said the commodity programs are supported by powerful political interests from the states that farm those crops.

Mahoney said the farm bill process has just begun, and he's not giving up.

HELPING FLORIDA

''I still feel confident that this farm bill will be better for Floridians,'' Mahoney said. He's hopeful that changes will enable more Florida growers to participate in land, water and wildlife conservation programs and bring increased support to specialty crops.

The 2007 farm bill is expected to be taken up by the full Agriculture Committee after the Fourth of July holiday.

The produce industry's desire for change is shared by a diverse group of environmentalists, taxpayer watchdog groups, anti-poverty groups and others.

They are pushing for more emphasis on land conservation, organic farming, rural development and renewable energy, and calling for a move away from the subsidies.

MORE MONEY

The administration's farm bill proposal includes $5 billion worth of additional funding targeted toward specialty crop growers.

For example, a $500 million, five-year proposal would expand a healthy-snacks-in-schools initiative to all 50 states from just 14 states now covered. Under the program, the federal government purchases apples, carrots, oranges, celery and other produce that is provided to school children.

Value of crops in 2006:

Oranges : $1.2 billion

Tomatoes: $551 million

Strawberries: $239 million

Grapefruit: $225 million

Bell peppers: $187 million

Potatoes: $146 million

Snap beans: $144 million

Sweet corn: $117 million

Watermelon: $111 million

SOURCE: National Agricultural Statistics Service , U.S. Department of Agriculture

4 Dade expressway board members resign

BY LARRY LEBOWITZ

llebowitz@MiamiHerald.com

Four members of the Miami-Dade Expressway Authority have resigned on the eve of new, tougher financial disclosure rules and after a bruising leadership fight on the 13-member board of directors.

Veteran MDX members T. Gene Prescott, Darryl Sharpton and Cesar Llano and first-year member Justin Sayfie announced their resignations just before the new financial disclosure rules went into effect on Sunday.

Sharpton and Prescott supported Miami Parking Authority Executive Director Art Noriega to replace Sharpton as chairman, but Noriega lost on a 7-6 vote to advertising executive Maritza Gutierrez. Llano and Sayfie backed Gutierrez.

Hotelier Prescott, owner of the Biltmore Hotel in Coral Gables , was the MDX treasurer for several years and had served on the board since 1998. His term ends in February 2009.

Accountant Sharpton, who was elected treasurer last week, has served on the MDX board since 2001 and was chairman the last four years. The major Republican donor's term ends in April 2009.

Home building executive Llano, who announced he would quit before the new disclosure rules went into effect, has served on the board since 2004. His term ends in April.

The term of lawyer-lobbyist Sayfie, who pushed for the tougher ethics and financial disclosure rules during his year on the MDX board, ends in February 2010.

Gov. Charlie Crist will name replacements for the four. The governor selects seven of the 13 members; the rest are County Commission appointees.

The resignations continue a lengthy period of turnover and transition at the authority that runs the five east-west toll roads in Miami-Dade.

After a pitched lobbying battle, the board last year hired a new team of consulting engineers and earlier this year hired a new executive director.

The authority has also withstood three consecutive years of challenges by angry West Miami-Dade lawmakers who tried to disband or seriously alter the makeup of the 13-member panel  

Pine Ridge Pushes Land Plans Over Edge

Published: Jul 1, 2007

Pasco County government spent more than three years and in excess of $2 million updating its comprehensive land-use plan, the road map for growth, with extensive public input.

The result, approved last summer by commissioners, hailed a new day in growth management in the county, especially provisions to protect rural, scenic northeast Pasco. The Northeast Pasco Special Area Plan was a spinoff of the comprehensive review of the land-use plan, a protection requested by many area residents who want to preserve rural ways of life.

But a housing development proposed in the St. Joe and Darby roads area, east of Bellamy Brothers Boulevard and at the western edge of Interstate 75, threatens both plans.

In fact, the 475-acre Pine Ridge Estates would gut both planning instruments unless substantial changes are mandated.

County zoning officials are strongly recommending that Pine Ridge's rezoning application be denied for several valid reasons with which commissioners should concur.

First, the proposal to build 300 single-family homes on half-acre lots is, as Zoning and Code Compliance Administrator Debra Zampetti correctly stresses in a report, "out of character" for this rural area and not compatible with adjacent properties. Indeed, approving it would set a bad precedent.

Under the tract's current land-use designation of agricultural/rural, only 89 lots would be permitted, zoning records show. If submitted without a land-use change as a true conservation subdivision, the type of residential building endorsed by the special area plan, 179 lots would be allowed, a number county zoning officials say is more compatible with the area.

Allowing 179 lots on a 475-acre tract is certainly better than 300 as long as they are part of a true conservation subdivision. This number could be perceived as the balance commissioners want to achieve in protecting the rural qualities of northeast Pasco while also respecting the personal property rights of landowners. Going from 89 homes to 300 in a rural area is much too big a leap.

In addition to the out-of-line density being sought, the developers want to rely on septic tanks - 300 of them. This plan should deeply trouble commissioners because of the proposed size of the development, its location in a river drainage basin and its proximity to a drinking water wellfield. Environmentally, this plan makes no sense.

Nor does it make economic sense for taxpayers. Developers also want the county to supply water, which would mean extending lines, among other system improvements, to an area where residents rely on private water wells and the county has no facilities.

Considering the size of the project, such a request conflicts with county policies and would amount to more urban sprawl.

The troubling issues that Pine Ridge raises marks another opportunity for residents to demand that commissioners adopt an ordinance requiring a supermajority to approve land-use plan changes to protect the integrity of the document.

When a commission majority unwisely gave preliminary approval to the proposed Pine Ridge land-use amendment in May, the vote was 3-2 - with Commissioners Pat Mulieri, Michael Cox and Ann Hildebrand voting yes - and the proposal was forwarded to the state for review.

Had a supermajority rule been in place, the story would have been different. Fortunately, more scrutiny and a final vote are required.

Defeating Pine Ridge as proposed should be a cause not only for northeast Pasco residents but also for all residents who will benefit from the updated comprehensive plan. There was no sense adopting new planning tools and regulations if they're not going to be followed. To think that could be the case when the ink is barely dry on them adds insult to the injury.

Thousands of vested lots in southwest Marion challenge future water supply
Free from modern building and water-use limitations, homes pose potential crisis if built out.

BY FRED HIERS
STAR-BANNER
OCALA - >Burt Eno left Orange County four years ago to escape sprawl.

The farms that surrounded his five-acre homestead were being developed, taking over the green space that attracted Eno to the area in the first place.

"It was as if Orange County didn't know any better than to allow everything, every development," he said.

He complained to elected officials about increased traffic, about the county blindly opening the floodgates to uncontrolled growth, about dwindling natural resources, including water.

"They said, 'You're crazy,'Ê" Eno recalled. "They looked at me like I was nuts.'"

By then Eno had already retired as a University of Central Florida engineering professor. He moved northwest to the city of Dunnellon, population: less than 2,000.

But now Eno sees he didn't do his homework. The same kind of development he hoped to escape was on southwest Marion County's doorstep and knocking - loudly.

Most of the thousands of lots in southwest Marion were vested during the late 1960s and '70s, when platting rules and water use regulations were far less stringent than they are today. That means the rules under which the lots were approved years ago are still applicable. These lots also are mostly immune to many of the new water conservation codes the County Commission is considering.

This is true in other parts of the county, and countless other places in Florida. But the issue is particularly important in southwest Marion because the number of unimproved lots - at least 17,000 - is so great, and because the environmental impacts are so potentially dire.

As vast developments grow, they will continue to pull water from the aquifer. When the lots are developed and landscaped, fertilizer runoff will head into the Rainbow and Withlacoochee rivers and the groundwater, where pollutants will disrupt the environment's delicate balance.

Marion County Planning Department Senior Planner Lisa Walsh is creating a study to help local elected officials examine development along U.S. 41.

"We can't do anything about what's out there now," Walsh said. "The study is to give people an opportunity to decide about what should be there in the future."

CALCULATING WATER-USE PERMITS
In determining how much water a community is allowed to pump from the ground, the water district considers many factors, including: the average number of people per home in a subdivision; how much shared community space the subdivision will have; and its ability to reuse wastewater.-Source: Southwest Florida Water Management District
PROPOSED LIMITS
Marion County government is considering two new measures: the Landscaping and Irrigation Code and the Springs Protection Program. Among requirements:

All new developments to have a plan to reuse their wastewater.

All new residential and mixed use subdivisions to have between 30 percent and 40 percent of their property set aside for groundwater recharge. Recharge areas could be made up of golf courses, drainage retention ponds, buffers or privately owned land made up of drought-tolerant plants. (Currently, there are no such county requirements for newly constructed residential subdivisions.)

Golf courses shall meet Audubon International Signature Program standards, requiring native vegetation and water reuse.

Under the landscaping codes, residents will be allowed to water lawns only twice per week and on designated days and times. There would be exceptions for newly planted lawns and when reclaimed water is used for irrigation.

Repeat violators of watering restrictions could face a $500 fine and up to 60 days in jail.

-Source: County Planning Department records

Density is the issue

by By John Johnston
Published Sunday, July 1, 2007

News Analysis  

“Millions of dollars per year and thousands of jobs to the area,” resulting from a “meticulously planned mixed-use community, developed in phases over a 10-15 year period.”

That’s the summary version of what Boca Raton’s Ocean Land Development Corporation says is found in an economic study submitted in support of its plan to redevelop the 43-acre Briny Breezes trailer park about 12 miles north of Boca Raton.

What’s in the Briny Breezes Comprehensive Plan Amendments (CPA), now being considered by the state to create that development, however, has more than one person angry, and at least one organization gearing up for a protracted fight.

Numerous issues have been raised, but opponents are focusing on one primary point: density.

In its simplest terms, Briny Breezes currently has 12 living units per acre.  Ocean Land is proposing 40 to 60 living units per acre.

And the most vocal organization -- The Florida Coalition for Preservation (FCP) – puts it bluntly:

“Developers want to jam tiny Briny Breezes with multiple high-rise towers housing 900 condominium units, 300 timeshare units, a 349-room luxury hotel, restaurants, retail shops, parking facilities and a yacht marina – all on an environmentally fragile, hurricane-vulnerable” site.”

“Irresponsible”

“We’re not opposed to development” FCP President Tom Evans told The Boca Raton News. “We’re opposed to irresponsible development, and we’ll pay a price for this type of greed.”

Evans also warned that by making Briny Breezes one of the most densely populated areas on Florida's east coast, the development "will dramatically increase the number of people and properties placed in harm's way" should a major hurricane strike the area.

"It makes no sense whatsoever to permit this type of irresponsible development that would so severely jeopardize lives and property in the event of a catastrophe," Evans said, adding that the development would endanger the integrity of the taxpayer-backed Citizen's Insurance Fund.”

Evans concluded: “And if we want to get a national catastrophe fund, we don’t need this time of development.”

No Construction?

Some insurance people think Evans is all wet.

Max Weisel from Collinsworth, Alter, Fowler, Dowling and French Group, Inc., one of the largest privately owned Commercial Insurance and Bonding agencies in the State of Florida, has sent, in part, the following letter to Catalfumo Construction and Development, Briny Breezes contractor.

Weisel said that Evans, “first of all assumes that the project will be insured by Citizens Property Insurance Corp.. If that is truly the case, and I do not believe it is so, then this would likel