Builders offer rival measure to growth-control initiative


TALLAHASSEE -- Fearing that the proposed Florida Hometown Democracy constitutional amendment would stifle growth, a business-backed group has started a campaign to pass a rival ballot initiative.

The National Association of Home Builders and businesses such as Miami Corp. -- a major Volusia County landowner -- have poured more than $800,000 into the group known as Floridians for Smarter Growth.

The group in late June filed a proposed constitutional amendment designed to combat Florida Hometown Democracy, which could go on the ballot in 2008 and would require voter approval of changes to local land-use plans.

The new initiative includes language that says it would "pre-empt or supersede" other proposals, such as Florida Hometown Democracy. It would allow referendums on land-use changes, but only if 10 percent of voters went to city or county offices to sign petitions.

Florida Hometown Democracy leaders accused backers of the new amendment of trying to trick voters, saying it is a "Trojan horse" meant to undercut Hometown Democracy. They said the conditions included in the amendment would make it difficult to ever hold referendums on land-use changes.

"It's a complete fraud on the public," said Lesley Blackner, a Palm Beach County attorney who has spearheaded the Hometown Democracy effort.

But supporters of the Floridians for Smarter Growth initiative said they are trying to offer a better choice to voters. They argue the Hometown Democracy proposal would create obstacles to development plans that would have a crippling effect on Florida's economy.

"This is a battle of ideas," said Michael Caputo, executive director of Floridians for Smarter Growth. "Our idea versus her (Blackner's) idea."

The debate centers on city and county growth-management plans that are blueprints for development. Florida Hometown Democracy contends developers have too much political sway over city and county land-use decisions and that voters should determine whether to change the plans -- an idea that critics say is unwieldy.

Both proposed amendments will need 611,000 petition signatures by Feb. 1 to get on the 2008 ballot. Blackner said Hometown Democracy has collected about 400,000 signatures, with the state indicating 262,000 had been verified as of Thursday.

Floridians for Smarter Growth also will have to get its ballot language approved by the state Supreme Court, a process Hometown Democracy has already gone through.

But while it remains uncertain whether the amendments will reach the ballot, the emergence of Floridians for Smarter Growth is a sign of a high-stakes political battle that could play out during the coming year.

Daniel Smith, a University of Florida political-science professor who studies ballot initiatives, said the Floridians for Smarter Growth proposal is designed to take the "steam" out of the Hometown Democracy amendment by creating confusion and a more complicated ballot.

But Caputo said his group believes its plan is better than Hometown Democracy and that it is not "selling a 'no.' " Floridians for Smarter Growth filed a campaign-finance report this week that showed it had collected $841,000 in contributions over three months. By comparison, Florida Hometown Democracy has received about $826,000 in cash and in-kind contributions since being formed in 2003, with at least $487,000 of that total coming from Blackner.

The National Association of Home Builders has been the biggest contributor to Floridians for Smarter Growth, giving $550,000. But the campaign also has received money from major businesses and landowners, including U.S. Sugar Corp. and the Chicago-based Miami Corp.

Miami Corp., which owns a huge swath of Volusia and Brevard counties, said earlier this year it would like to create what is known as a "Rural Land Stewardship Area" that would cluster development on part of the land while preserving other parts.

Glenn Storch, a Miami Corp. attorney, said he thinks Florida Hometown Democracy would lead to poor planning.

Making it harder to get land-use changes for planned projects would lead to large landowners selling off tracts of land for "ranchettes" -- homes that would sprawl through rural areas, Storch said.

jim.saunders@news-jrnl.com

What wet and wild Florida could learn from the arid West

By CYNTHIA BARNETT Special to the Times
Published July 8, 2007

In 1876, John Wesley Powell, the adventuresome major who headed the U.S. Geological Survey, declared that a longitudinal line along the 100th meridian divided a moist East from an arid West. To the west of the line down the Dakotas, Nebraska , Kansas , Oklahoma and Texas , a lack of rainfall would require cooperative irrigation and an equitable system of water rights to ensure scarce water would be used for the greatest good. East of it, more than 20 inches of rainfall a year meant people could settle and grow - without irrigation - any crop that could take the heat.

Powell, the first American to explore the wild Colorado River , likely would be shocked by its modern-day taming, and the hardly equitable system that greens 1.7-million acres of desert and supplies water to 25-million people in seven states.

But he might be all the more surprised by the water crisis lapping at the other side of the country. This year's drought, the worst to hit the Southeast since record-keeping began in 1895, is only the most visible sign of the water woes now permanent in the East.

Traditionally wet Eastern states have drained themselves dry to make way for sprawling development and rapid population growth. In northeastern Massachusetts , parts of the Ipswich River dry up each summer - when Boston suburbanites turn on their sprinklers. In New Jersey , the Potomac-Raritan-Magothy Aquifer, the state's largest source of drinking water, has dipped 100 feet due to groundwater pumping that threatens saltwater intrusion.

Nowhere in the country are water shortages more puzzling and prophetic than in Florida - with an annual average 55 inches of rainfall and a regular guest on the Weather Channel thanks to its hurricanes and floods. The wildfire burning on Lake Okeechobee 's parched bed last month made for dramatic TV, as the lake dropped to its lowest level ever. But just as worrisome is the vanishing water in our aquifers - water supply for 90 percent of Floridians.

This spring, the USGS reported South Florida 's groundwater "reached the lowest levels ever recorded for this time of year." While drought is part of the natural cycle, USGS also blamed "increasing public demand on aquifer resources, " with a 25 percent population jump between 1995 and 2005.

Water scarcity in America , once confined to the arid West, is the new reality of the East. At the University of Nebraska 's National Drought Mitigation Center , director Don Wilhite told me that researchers who for years worked on the water problems of the West now are being called upon to help cities and farmers in the East. "We're seeing that the number of basins or watersheds at the point of being overappropriated is increasing, " Wilhite said.

The problem is not that we don't have enough water. It's that we squander too much. Florida , more than half submerged when it entered the union in 1845, has ditched, drained and paved itself into permanent scarcity.

When we destroy wetlands, we destroy a key cog in our drinking-water supply system, since wetlands absorb water during rainy times and release it in dry. Meanwhile, Florida 's water managers have overpermitted groundwater resources. Their generosity means farmers, our heaviest water users, have little incentive to stop inefficient flood irrigation still used on nearly half of Florida 's crops. It means community developers can get away with not only requiring sod - but demanding residents keep it the right shade of green.

Water spending, too, has moved from west to east. The New York Times recently noted some $2.5-billion in water projects planned or under way in four Western states, "the biggest expansion in the West's quest for water in decades." But states east of the 100th meridian are building far costlier projects, including those associated with the now-$20-billion plan to restore the Everglades, as well as an orgy of reservoirs, desalination plants and other expensive alternatives.

Tampa Bay Water has built the largest seawater desalination plant in North America . It's $40-million over budget, five years late and still hasn't passed crucial compliance tests. The cost of water, first advertised at $1.71 per 1, 000 gallons, is now estimated at $3.19. The most interesting part of the story: In the years the plant's troubles dragged on, Tampa Bay Water reduced overall groundwater pumping in the region from 192-million to 121-million gallons a day despite population growth - and without a drop of the desalted water officials once insisted they needed to meet that goal.

Floridians don't yet understand that population growth and economic prosperity need not equal increased water consumption. Nationally, water use stopped rising in the '80s, yet population as well as gross domestic product have grown steadily ever since.

Just as screwing in compact fluorescents won't stop global warming, the year-round, three-day-a-week watering restrictions proposed in South Florida won't get us out of this crisis. A revolutionary change in the way we think about water might. Do farmers really need to flood their fields? Do we really need to flush toilets with water treated to meet EPA drinking-water standards?

In 2001, after Florida 's last drought, the Department of Environmental Protection led a major study on how to stop wasteful and uneconomical water use. None of its 51 final recommendations became state law with real enforcement. Why wouldn't we make a serious, statewide effort to tackle inefficiency before building some of the most expensive, and riskiest, water projects in the nation?

Real efficiency also would reduce the need for contentious water diversions from rivers such as the Suwannee . For the water wars, too, have moved east. Eastern rivers being fought over in recent years include the Apalachicola-Chattahoochee-Flint basin shared among Florida , Georgia and Alabama ; the Potomac; the Roanoke ; and others. South Carolina 's attorney general just appealed to the U.S. Supreme Court to block North Carolina 's plan to take water from its Catawba River .

At Florida State University , law professor J.B. Ruhl believes this side of the country is lucky it is only now engaging in the conflicts and legal compacts that build up what's known as the "Law of the River." In the West, most interstate compacts, federal legislation and Supreme Court cases dividing up rivers predated environmental laws. New agreements in the East, Ruhl says, could ensure water for nature and people.

At the University of Florida , fisheries professor Bill Pine, who studies fish here and in the Colorado River , believes just the opposite. Pine sees the environmental commitment of citizens as much better established in the West, and believes the Southeast doesn't have the conservation ethic needed for real change. California last month shut down pumps that supply water to 25-million people to protect the endangered Delta smelt. Contrast that with the South Florida Water Management District's recent request to Washington for permission to tap Everglades conservation-area water to restock public supplies.

On the other side of Florida , Swiftmud has approved a new permit for The Villages that will let the sod-carpeted retirement community slurp 9-million more gallons of groundwater a day from the stressed aquifer - despite residents' consumption being some of the most wasteful in the state: 240 gallons per person per day. (The statewide average is 174.) It's the Eastern version of using precious Colorado River water to fill Las Vegas fountains and green lawns in the Arizona desert. It makes no more sense in the East than in the West.

Cynthia Barnett is a longtime reporter for Florida Trend magazine and the author of a new book, Mirage: Florida and the Vanishing Water of the Eastern U.S. For more information: www.cynthiabarnett.net.

Swiftmud will have workshops on watersheds

By TIMES STAFF
Published July 12, 2007

 

BROOKSVILLE

The Southwest Florida Water Management District will host its next watershed workshop from 4 to 8 p.m. Tuesday at the district office, 2379 Broad St., south of Brooksville. The watersheds to be discussed include Crews Lake Outlet (Pithlachascotee River/Bear), Squirrel Prairie, Lizzie Hart Sink, Blue Sink, McKethan, Peck Sink, Powell and Bystre Lake. Preliminary models and floodplain information will be presented for review and comment. Swiftmud is conducting 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. For information, call 796-7211, ext. 4297.

Water rules eased, but aren't ended

Some restrictions may become all year in South Florida .

By ASSOCIATED PRESS
Published July 12, 2007

WEST PALM BEACH - Water managers loosened restrictions Wednesday on water use throughout parts of South Florida after heavy coastal rains brought much-needed relief.

Residents in Lake Worth, Lantana, Hallandale and Dania Beach remain under the most severe restrictions, with irrigation allowed only once a week, because of the danger of saltwater intrusion into the cities' coastal wells. If that happens, the wells could be rendered useless for a decade, the South Florida Water Management District said.

And farmers and residents around Lake Okeechobee got no relief from restrictions that are intended to cut back use by up to 50 percent in that region.

Okeechobee, the heart of the Everglades and a backup drinking water source for millions of South Florida residents, has been hitting a record low almost weekly. Its main artery, the Kissimmee River , hasn't flowed south in more than eight months, depriving the lake of 50 percent of its water.

Water managers say the Kissimmee River basin needs about 5 feet of rain just to catch up after an 18-month dry spell. Officials estimate that 50 percent of the drinking water produced in South Florida is used to water lawns and gardens.

Water restrictions were eased along the lower eastern coast because of above-average rainfall there. The district, which manages 2,000 miles of canals, has no way to pump water back into Lake Okeechobee, so if the excess water from recent rains isn't used now, it will be pumped into the ocean for flood control.

Along with Wednesday's decision to loosen restrictions in some areas, the district board also is considering imposing year-round restrictions to prepare for future droughts.

"With conditions in the Lake Okeechobee watershed so radically different from conditions along the coast, the district is still in a severe regional water shortage," said district board chairman Eric Buermann. "Even with modified water restrictions in some areas, we must still practice wise water use and conservation."

Governor goes green in a big way

By A TIMES EDITORIAL
Published July 12, 2007

There is only one response worthy of the scope and drama of Gov. Charlie Crist's announcement Tuesday on how Florida will react to the global warming crisis that could soon visit our shores. Wow!

Crist went well beyond the feel-good environmental cliches of the past. Instead, he laid out a specific plan of attack: an aggressive reduction in the amount of greenhouse gases spewing out of state power plants, a much greater reliance on electricity from renewable sources, markedly improved energy efficiency in new construction imposed by an updated building code.

If Florida can accomplish what Crist has laid out, it would catapult the state into a leadership role among those ready to do something about global warming. His actions mock the political paralysis on the subject in Washington .

"I think that as a state, beautiful as Florida is, we need to be a leader controlling climate change and protecting our natural resources," Crist said in announcing a series of executive orders he intends to sign Friday.

Most ambitious is a meaningful reduction of carbon emissions from power plants. Using a cap-and-trade system, the state would set three milestones for shrinking emissions. In 10 years, greenhouse gases would have to be reduced to 2000 levels; by 2025, the reductions couldn't exceed 1990 levels; and by mid century, emissions could be no more than a fifth of 1990 levels. Utilities that couldn't meet such restrictions would have to buy credits from those that could.

Crist would also set an ambitious goal for generating electricity from renewable energy. He would ask the Public Service Commission to write new rules requiring utilities to produce at least 20 percent of their electricity from sources other than fossil fuel, particularly solar and wind. That's a stronger position than the U.S. Senate took on renewable energy, mainly because of objections from Republicans, Crist's own party.

Meanwhile, Crist will be joined by another action-oriented Republican on the environment, Gov. Arnold Schwarzenegger of California, at a two-day conference on climate change beginning today in Miami . Perhaps this marks the beginning of a sea change in attitudes by the party, the state and the nation over global warming. Let's hope so.

Crist will face significant challenges ahead. He'll have to get the powerful utilities to cooperate, the Republican-led Legislature to back him and the so-far friendly Florida populace to accept the higher cost of a sustainable environment. The easy path for Crist would have been to fall back on the sure-thing environmental topics of the past, such as offshore drilling and Everglades restoration. Instead, he has added to those still-important issues and put his credibility on the line with a specific plan of attack against global warming.

Agree with him or not, you've got to be wowed.

Fla. faces long path to a greener future

The obituary for coal-fired power plants in Florida is being written this week.

Gov. Charlie Crist is holding a summit on global warming today and Friday in Miami . He's closing the event by signing an executive order to cap greenhouse gas emissions, making it harder to build emission-spewing plants.

Just last year, it seemed possible two coal-fired plants would be built in North Central Florida . Gainesville Regional Utilities and a Taylor County group have since been forced to scuttle those plans, decisions that now seem fortuitous.

"I feel emboldened by the fact that we made the right decision to look at other options," said Gainesville Mayor Pegeen Hanrahan, who is attending the summit.

Instead, GRU is now pursuing a wood-fueled biomass power plant.

This week, Levy County started the process that would allow Progress Energy to build a nuclear plant near Inglis.

Next week, Seminole Electric Cooperative is expected to present Bradford County commissioners with a plan to build a natural gas plant there.

All three technologies mean lower levels of greenhouse gases than traditional coal-fired plants.

But experts say the region will need to do much more to reduce emissions - including improving building construction, expanding public transportation and putting more money into solar and other renewable energy projects.

"Just about every sector of the economy needs to participate," said Mark van Soestbergen of the Gainesville-based International Carbon Bank and Exchange.

The International Carbon Bank helps companies calculate their emissions and certify reductions. Crist is considering a system allowing entities emitting greenhouse gases to buy credits from entities that are reducing emissions.

Van Soestbergen used the Alachua County jail's inefficient air-conditioning system as an example of how the process would work. The jail could install an energy-efficient system, saving money on utility bills as well as providing credits that could be sold.

"There's an added value to it," he said.

Van Soestbergen is among at least a dozen local residents attending the summit.

Alachua County Environmental Protection Director Chris Bird and University of Florida Sustainability Director Dedee Delongpre are also attending. UF microbiology professor Lonnie Ingram will be part of a panel on reducing greenhouse gas emissions.

Most scientists believe man-made emissions of carbon dioxide and other greenhouses gases have likely increased global temperatures in recent decades. The changing climate could cause rising sea levels, extreme weather and have other potentially catastrophic consequences.

Crist's office released drafts of three executive orders he plans to use to deal with the problem. One order would direct utilities to reduce emissions, requiring utilities to produce 20 percent of their energy through renewable energy.

GRU this week released a budget that includes $4.1 million for energy saving measures, nearly doubling conservation spending for the second straight year.

Such programs are the most cost-effective way to reduce energy use, said David Barclay, an analyst for GRU.

The budget sets aside about $2.7 million for a 250-kilowatt solar-power project. The project is small - GRU's coal-fired Deerhaven plant produces about 900 times as much energy - but officials believe it will help encourage customers to install solar panels, Barclay said.

Customers can take advantage of GRU, state and federal rebates that dramatically reduce the cost of such panels, he said.

Hanrahan testified before Congress last month about the difficulties in meeting targeted reductions of greenhouse gases.

She said the state should provide financial assistance to local governments, cutting the risk of building a biomass plant or other new technology.

"We're a little bit out there on the cutting edge and that's always a nervous place for a governmental organization to be," she said.

Hanrahan said she'd also like to see increased standards for energy efficiency in building construction. Bird agreed, saying he thinks such standards could forestall the need for more power plants.

"There's a lot more than can be done just on the construction side before you have to start talking about producing more energy," he said.

No matter what comes out of the summit, local participants agree that it marks a new direction for the state. Delongpre said she hopes the summit means a shift from debating about whether global warming is happening to dealing with the effects.

"I think we're reached a tipping point," she said.

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

City sticks with coal partners
By Julian Pecquet
DEMOCRAT STAFF WRITER

The city of Tallahassee is still a partner in the Taylor County coal plant proposal - for now.

Commissioners voted 3-2 Wednesday to pay $355,000 in back payments owed to the coal-plant partners. They also decided to stay involved with them as new uses are considered for the proposed site near Perry now that a pulverized-coal plant has been put on hold.

Commissioners Allan Katz and Andrew Gillum voted against the proposal, voicing frustration that the partners in May decided to move forward with a plan to use wastewater from the nearby Buckeye Florida pulp mill despite Tallahassee 's opposition. That decision cost the city $400,000.

"We're not in the land speculation business," said Katz, who inquired about whether the city could win a lawsuit against the partnership over the $400,000. "Our seat at the table became a stool."

But the rest of the commission voted to keep all options open.

"I don't see why we would want to get in a lawsuit with those folks," said Mayor John Marks. "We've been trying to work together."

The city committed in 2006 to stay involved in the project through its permitting proposal, which was put on hold last week following concerns that Gov. Charlie Crist and state regulatory agencies would not approve it.

Tallahassee 's partners in the proposed 800-megawatt plant are the Jacksonville utilities, the utility that serves Disney World and a coalition of small Florida municipalities.

Kevin Wailes, the city's general manager of electric utilities, said that without the coal plant, the city will have a power shortage starting in 2016. And that's only if its efforts to reduce energy demand are successful. Otherwise, the shortage would come sooner.

Dire forecast: Housing slump likely to linger

Jerry W. Jackson

Sentinel Staff Writer                                              

July 12, 2007

 Nationally known economist Mark Zandi told home builders and industry professionals meeting Wednesday in Orlando that the beleaguered U.S. housing industry could bleed for another year or more.

And Florida , he said, will be one of the states with the worst hemorrhaging.

"There's no sign at all of stabilization," said Zandi, a featured speaker at an industry forum related to the Southeast Building Conference, which opens today at the Orange County Convention Center .

Zandi, chief economist of Moody's Economy.com consulting company, said the good news he had for the residential-construction and home-sales business is that "the worst of the decline is over," roughly two years into a correction caused by overbuilding and resale-inventory buildup.

More needs to be done, though, he said, including deeper price cuts for both existing and new homes, and further cuts in housing starts.

The National Association of Realtors on Wednesday predicted that home builders "will limit construction well into 2008," which should help restore some balance to total home inventory.

The trade group predicted that housing starts, including multifamily, will fall from 1.8 million last year to 1.43 million this year before barely edging up to 1.44 million in 2008.

But major threats remain, Zandi said, including the rising delinquency and defaults rates for residential-mortgage debt, doubts about the ability of consumers to continue spending and fears that foreign investors will stop buying U.S. treasuries.

"This is all happening in a good job-market environment," Zandi said, noting that, despite the housing sector's weakness, "fundamentally, this economy is in good shape."

Businesses are profitable in general, he said, with strong cash flows and healthy balance sheets.

"The economy will bend, but it will not break," Zandi predicted.

Jack Haynes, executive vice president of the national builder division for Countrywide Home Loans, said that while the subprime-mortgage meltdown remains "tricky and dangerous," lenders and builders are taking steps to tighten standards and work their way through the morass.

If government "over-regulation" does not hamper the recovery, Haynes said, home builders will lead the economy out of the downturn.

Florida Gov. Charlie Crist also spoke during the forum, urging builders and housing-industry professionals to help him and state lawmakers keep up the pressure to reduce property taxes and property-insurance rates.

"We need to ensure that Florida is affordable," Crist said.

If builders help the state "continue to press down on [insurance] rates and taxes," Crist said, "you'll be busier than ever."

The Southeast Building Conference, which continues through Saturday, is open only to industry professionals. The Leadership Forum on Wednesday was at the adjacent Rosen Centre Hotel.

Jerry W. Jackson can be reached at jwjackson@orlandosentinel.com or 407-420-5721.

Annexation plans for Belleview get past first hurdle

Commissioner says plans could lead to growth explosion.


BY HARRIET DANIELS
STAR-BANNER

 

BELLEVIEW - City commissioners have given a preliminary approval for five annexation requests that one commissioner says could lead to "a large growth explosion."

The commission, on a 4-0 vote Tuesday, approved the first reading of the requests for more than 150 acres, mostly in the southern portion of the city.

The largest application, for 76.55 acres, is from CenterPoint Development Group, which plans to use 40 acres of that parcel to build a 300,000-square-foot shopping center along U.S. 441.

It is the largest group of annexation requests since 2005, when the Bellehaven development, owned by Kirk Boone, was brought into city limits. Tuesday's agenda included a brief discussion regarding transportation improvements required at the 219-unit Bellehaven, located off Baseline Road .

"This may be the beginning of a large growth explosion in the southern part of the city," Commissioner Ken Nadeau said.

Commissioner Wilma Loar was not present during the meeting. A final hearing is set for July 24.

In other discussions, former City Commissioner Emery Abshier asked the commission, specifically regarding the proposed Eagle Trace subdivision, to be mindful of where city water and sewer services are extended. He owns 15 acres adjacent to the proposed 86-acre subdivision.

The project, under developer Bruce Hall, has been turned down by the Marion County Commission, and Hall currently is engaged in mediation.

In discussing his concerns about the density of the project, Abshier, self-described as pro-growth while on the commission, said commissioners hold the key to keeping the development from coming should the county give an approval.

"Who will it hurt if you refuse to run services [water and sewer] to this project?" Abshier asked. "I'm not here asking you all to vote tonight, but to give you food for thought."

Hall, who was in the audience, was invited by Belleview Mayor Tammy Moore to address the commission. Hall and Abshier debated the accuracy of information about the project, namely density, which Abshier believes will overtax the city's water/sewer system.

Hall said the suggestion has been to hold density to approximately 240 homes. Abshier said he would have no issue if the property was developed along the lines of a hamlet or one house per 10 acres.

"Tonight's not the night to talk about all of this," Hall said. "I understand that Mr. Abshier wanting to talk about this .Ê.Ê. if he can get the water and sewer lines cut, then he can go to the county and say they will never get it."

If the development is approved by the county, Moore said she can't see denying water and sewer services to the subdivision if asked to provide them.

Looking ahead, the commission is planning to introduce an ordinance at its next meeting to make sidewalk construction mandatory for all multi-family and commercial developments to connect to the city's existing sidewalk network.

Harriet Daniels may be reached at harriet.daniels@starbanner.com or (352) 867-4125.

Developer draws fire for Minneola project

Robert Sargent

Sentinel Staff Writer

July 12, 2007

MINNEOLA

 The developer of Palisades Country Club, just west of the city, has submitted plans for a new community with hundreds of homes despite criticism from City Council members and residents.

The Metrontario Group has filed paperwork asking Minneola to allow 600 new homes on 206 acres owned by Claude Smoak, a former Lake County commissioner, on Grassy Lake Road east of U.S. Highway 27. The project would include 428 single-family homes and 172 town homes, according to plans.

KB Home had planned to use that same property to build 485 homes. But the builder walked away from the project and a development agreement with Minneola that would give the city 3 acres of land and about $1 million to help the city build and maintain public facilities and infrastructure.

Just as important to some city officials, KB had planned to build a two-lane road from U.S. 27 east along the southern boundary of the proposed site. The new corridor would provide direct access to the development and two new elementary schools scheduled to open in August.

Metrontario later stepped in and talked with council members about its own community plans. Representatives for the builder had said they might agree to many of the terms of the KB agreement, including the roadway.

Last month, however, council members gave mostly cold responses to Metrontario. Residents also vented their concerns about putting more development in an area already proposed for thousands of new homes by other builders.

Council member Ed Earl said he wants the road, but he doesn't like having to negotiate for more homes to get the road built.

"I told them that I am not interested in the homes -- I thought there were other options to get that road," Earl said Wednesday. "I wasn't going to vote for this."

Council member Joe Teri had said he could support the Metrontario proposal with some changes, such as fewer homes and more open space. He said he likes the idea of requiring the developer to build the road.

"That road will be used by all of Minneola," Teri said.

The estimated $2 million road could be constructed long before the community begins selling homes. But Metrontario later could request credits on government impact fees to recoup the road-construction costs.

That part of Minneola also is proposed for 689 future homes at the Reserve at Minneola and 963 homes at Founders Ridge. The Hills of Minneola is planning nearly 4,000 homes, and Sugarloaf Mountain aims to build another 2,200 homes.

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

Housing proposed in Ellenton

BY CHRISTOPHER O'DONNELL

ELLENTON -- A new subdivision will bring some of the cheapest-priced new housing in the county to the Ellenton area.

California developer Reynold Glanz is proposing to build 59 houses on 24th Avenue East in west Ellenton. One-quarter of the homes would be town houses priced from $132,900 to $163,000, Glanz said.

"It's tough to build at that rate and make any money," Glanz said. "So you hopefully break even on those."

Palmetto Ranches' plans show a mixture of town houses, villas and single-family homes. By offering affordable housing, the project would qualify for Manatee County 's fast-track approval process.

The cooling of the real estate market has led to less affordable and work force housing being proposed in 2007, said Suzie Dobbs, Manatee County 's affordable housing coordinator.

Although it is a small development, Dobbs said, Palmetto Ranches' low prices would help meet the demand for low-cost housing that, despite falling market prices, still exists, Dobbs said.

To encourage more affordable housing, Manatee County offers incentives, such as a fast-track approval process and permitting more houses per acre if developers agree to include a percentage of affordable or work force housing in their projects.

Developments that include at least 10 percent work force housing, or 25 percent affordable housing, qualify for a faster approval process.

The maximum home price for a workforce house is $201,600. Affordable housing must top out at $168,000. The median home price in Manatee County is about $275,000.

"If we can give them enough of the incentives they need, that will help them get the sale prices down to the levels we need," Dobbs said.

Glanz is also the developer behind Cone Ranch, a 1,999-house subdivision proposed for Parrish at State Road 62, just east of U.S. 301. Plans for that development include 300 affordable houses.

"It's exciting; it fills in a niche for some of the people who can't afford other homes," Glanz said.

The nine-acre site where Glanz wants to build Palmetto Ranches is one of about half a dozen working horse stables in the area. Glanz bought the parcel in 2005 for $600,000, according to county property records.

For Debbie Pearson, who owns and runs nearby Debbie's Stables, the project is another sign of how development is encroaching into the quiet unpaved roads where her customers ride their horses.

"There's nothing we can do," Pearson said. "It's a shame."

Developer offers to swap land with city

He would build a village, while Punta Gorda would get 19 acres at the airport

By PATRINA A. BOSTIC

patrina.bostic@heraldtribune.com

PUNTA GORDA -- Developer Bruce Laishley is asking the city to make a land swap that would allow his company to build a village complex of shops, offices, a bank, spa, condos and two parks in Punta Gorda.

It would be the sixth mixed-use development proposed in the central part of the city.

In return, the city would get a 19-acre tract at the airport industrial park to build a $6.5 million public works/utilities center to replace the one destroyed by Hurricane Charley in 2004.

City officials seemed optimistic about the proposal, in part because it would put the city-owned land at West Henry and Shreve streets on the tax rolls.

The city had envisioned the property for a mixed-use project just about identical to the one proposed by Laishley as vice president of Southwest Land Developers.

"It's something that Punta Gorda really needs. It gives people a sense of community," Laishley said. "It brings a new style to the area."

Mayor Larry Friedman called the project exciting. "We're saying, 'OK, let us take the next step now,'" Friedman said.

But he voiced concerns about how the city would pay for a new public works/utilities center.

Insurance would cover $1.9 million as long as the center includes an administration component. Without it, the city would receive only receive $300,000 from insurance.

Council members looked at four other options for a public works/utilities center, ranging in cost from $1.7 million to $9.6 million.

But they discarded two that had no administration component and looked most closely at the $6.5 million proposal from Laishley.

Then they asked city staff to outline a plan as early as next month for how the city would pay the rest of the cost of a new facility.

At issue is whether the countywide, one-half percent sales tax is renewed by voters in fall 2008. The city splits the revenue with the county.

Part of the cost of building of a new facility also would be paid through utility fees.

Councilwoman Marilyn Smith-Mooney said the city needs to move forward because the departments are in a state of flux and need a centralized location.

"It's difficult to run a cohesive operation when you have a distributed network of employees in various locations," said Dennis Murphy, Punta Gorda's growth development director.

He said the public works and utilities departments have staff working from about five locations.

Laishley said his proposal would allow the city to build the center on an elevation of up to 25 feet, which would keep it out of a flood zone. Also, he said, the swap would provide enough land for future expansion.

Southwest Land Developers already has spent $9.8 million to put in water and sewer lines in the airport industrial park and those would be available to the city's new facility.

Laishley said his company would be willing to deed the land right away to the city but could wait two to three years before it takes over the West Henry Street property for the Village Center .

CSX Has Backup Site for Center


WINTER HAVEN - If the deal for a CSX rail yard fails in Winter Haven , the Jacksonville-based railroad company has a backup location close to two major highways.

In 2005, the company purchased 690 acres for $9.2 million south of Wildwood near Interstate 75 and the Florida's Turnpike in Sumter County, about 65 miles north of Winter Haven.

While it looks like a good site for a rail transfer center because of its easy highway access to Orlando and Tampa , CSX spokesman Gary Sease said Wednesday the company has no plans to build in Sumter County .

"It does not meet our needs," Sease said. "We need a location more central for any future development."

A study by CSX showed that the Winter Haven area was an ideal location for a new rail transfer center because it is closer to South Florida and area ports, Sease said.

But Diana Lee, executive director of Sumter County 's economic development council, said that on Oct. 27, CSX and county officials surveyed the area.

Lee said CSX officials told her it was "great location" for an intermodal park (the term CSX uses for a transfer center) and seemed excited about the facility and possible businesses that could move into the area.

Lee even spoke to a representative from SYSCO, a food service operator based in Texas . She said the company was interested in opening a warehouse.

Sease said the Sumter County property with Florida 's growth in mind, but that the company never intended for the site to be a rail transfer center.

In the future, Sease said CSX may sell the property for warehouse space.

The city manager in Wildwood said after CSX purchased the property there were discussions about an industrial park. In the past several months, City Manager Jim Stevens said he hasn't heard from CSX officials.

The nearest home is about one mile away, an ideal location for an industrial park, Stevens said.

The land in Sumter County sits next to the CSX's S line, a railroad track that runs from Baldwin through Central Florida towns including, Lakeland and Auburndale.

CSX purchased the property in October 2005 from Maury L. Carter & Associates, of Orlando . It is about half the size of the 1,250-acres Winter Haven officials agreed last year to sell CSX for a major regional freight transfer center.

The $6.9 million deal for the initial 318 acres was expected to close before the end of the year.

The project has been warmly embraced by Winter Haven officials eager for new jobs and tax revenue.

But the railroad company has faced some opposition in Polk County .

Ten families in Sundance Ranch Estates next to the proposed site are suing the railroad and the city of Winter Haven to keep CSX from developing the site. Other residents have concerns about increased rail and truck traffic that will come with the transfer center.

And the railroad may face a delay after the state Department of Community Affairs said the project should be considered a development of regional impact, although most recently, state planning officials have told CSX it can begin building before planning reviews are completed.

John Chambliss can be reached at john.chambliss@theledger.com or 863-401-6965.

Marianna okays zoning change in commercial district

By DEBORAH BUCKHALTER

Jackson County Floridan

Thursday, July 12, 2007


In a split vote Wednesday, Marianna City Commissioners approved zoning and land use changes that will allow an industrial business to operate in the commercial zone.

James Griffin, owner of Griffin Concrete in Blountstown, plans to establish a ready-mix concrete plant on Auction Drive , in place of the old livestock auction barn that currently occupies the space.

James Wise and Howard Milton voted against the measure, saying they felt it would defeat the purpose of zoned development.

"Marianna is going to grow, and my concern is this: Two, three, five years from now, who's going to want to put a commercial business (in the area) and back up to a concrete plant?" Wise commented.

Commissioner John Roberts voted to approve the changes, but said he did so only after much thought.

"We shouldn't amend our comp plan without a lot of thought, but that old tin barn out there, I don't know what they'll find if they ever tear it down... I think we need to work with Mr Griffin. I do not take this lightly, but I think this is going to be an improvement."

The board had tabled action on the matter last month, and Paul Donofro said that, in the interim, the developer had answered the concerns he'd had by agreeing to take some responsibility for the maintenance of Auction Road .

The business is expected to consistently send heavy trucks up and down the east side of the U-shaped road. Commissioners had worried that the heavy trucks involved might degrade it.

Griffin , in recent meetings with city staff, agreed to repair two existing pot holes and to take over maintenance of the section of Auction Road leading from Highway 90 to the business for the next five years. If degradation occurs during that time, he agreed to repave the section with five inches of asphalt and reinforcement material.

In unrelated news from the Wednesday meeting:

Commissioners got a progress report on the extensive improvements being made to the city's wastewater treatment system.

Board members learned that the treated effluent is now being applied to a sprayfield rather than being released into the Chipola River . That's a change the Florida Department of Environmental Protection has been pushing the city to make for several years. City officials say "getting out of the river" should make an upcoming task much simpler than it has been in many years. Wastewater facilities must apply for permit renewals through DEP every five years. In the past, according to city manager Louy Harris, this has been a difficult, time-consuming and often contentious process. The re-permitting should go much smoother this time around, he predicted.

 

County, Wiregrass square off

The two sides argue about paying for roads inside the development.

By CHUIN-WEI YAP
Published July 12, 2007

DADE CITY - The talk was money. The topic was roads.

But when it came to Wiregrass Ranch, the real battle at the County Commission meeting on Tuesday was between compromise and precedent.

The two sides in the battle are trying to close a $140-million gap.

The development is going to add 12,500 homes to 5,000 acres of Wesley Chapel by 2016. It's paying the price for that ambition.

Planners ran computer models to figure out how much traffic the project is going to produce. Both sides accept that it would take $1.7-billion in road improvements for the project to go ahead without bringing central Pasco to a standstill.

They agree that Wiregrass should pick up $579-million as its "proportionate share" of the $1.7-billion. The county, already strapped for road building funds, will pay the rest.

The two sides now have to agree on a priority list of road projects.

They've agreed on the big pieces. What they have been arguing about for weeks, including on Tuesday, is whether a $140-million set of internal roads in Wiregrass should be included on that list.

If they are not included, the county could use the money for other projects. If they are included, other developers would demand the same treatment for their internal roads. Providing internal roads to other developments that are currently in the works could cost the county $1.5-billion, planners say.

Big ideas. Big money. Big personalities.

On the Wiregrass side: attorney Joel Tew, nicknamed "the hedgehog" for the prickliness on which he prides himself, who spent four hours at the podium.

But even in his most strident moments, when he demanded that a commissioner recuse himself, his message was constant: Let's split this tab.

On the county's side: County Administrator John Gallagher, a 25-year veteran of development negotiations, who drew Pasco 's line in the sand.

"The question to me is what the county has done in the past," he said. "They're wanting credit for something that's not in their proportionate share calculations."

Gallagher and his chief assistant, Michele Baker, are the top policy advisers to the five commissioners, who must make the final decision.

When Commissioner Michael Cox commented Tuesday that it might mean "a $1.5-billion mistake," Tew accused Cox of not being impartial and asked that he refrain from voting.

Cox refused and said he still hadn't made up his mind on the project.

Tew wants to go 50-50 on three internal roads: Porter Boulevard , Chancey Road and Mansfield Road . If anyone brings up precedent, Tew said, just show that person how much Wiregrass is already paying.

"No one out there wants the Wiregrass deal," he said. "Nobody is going to offer you the Wiregrass deal. This is a good precedent."

Tew denied that Wiregrass' future home buyers will pay for the roads. He said land value would have to nearly triple for Wiregrass to make back its proportionate share payment.

He said those internal roads were required by the county anyway. But Baker said the county doesn't need them as soon as Wiregrass does.

"Those roads are in our long-range plan for 2025," Baker said. "If they need those internal roads to open up their development, that's their issue."

The hours passed. Gallagher left. County officials leaned closer to Tew's proposal.

"We have a very consistent policy of not giving credit on the first two lanes of an internal road in a development," said assistant county attorney David Goldstein. But since these are four-lane roads, "50 percent is more consistent than 100 percent."

But commissioners still wanted to know what it could mean financially to change the policy, even halfway. They wanted to postpone a decision by two weeks.

Tew thundered again.

"We are no longer playing the game of extensions for another study," he said. "We will take a denial before we do that."

Should compromise and precedent embrace?

By 7 p.m. Tuesday, there was no answer. Commissioners voted to postpone a decision by a week.

Chuin-Wei Yap can be reached at (813) 909-4613 or cyap@sptimes.com.  

Titusville city council appoints developer

Leady made full member of Adjustments, Appeals board

BY JESSICA RAYNOR
FLORIDA TODAY

TITUSVILLE - The city council on Tuesday appointed a real estate developer to fill a board opening created when the city removed the member for an ethics violation.

Curtis Leady will now sit as a full member on the Board of Adjustments and Appeals, which hears requests for variances from the city code and appeals of official building decisions.

The appointment came after debate on whether or not Leady, an adjustment board alternate with 25 years in real estate, actually had the experience required to fill the position.

Councilman Walt Johnson introduced multiple motions in favor of Leady, saying his business background and his service on the board gave him an edge. The two other applicants were Herman Cole and Kathleen Burson.

"I don't see the reason to penalize him in any way," he said.

The removed board member, Donald Prather, had been on the board for 13 years. He failed to submit the required financial disclosure form to the Brevard County Supervisor of Elections office and, as a result, was fined $1,500 by the Florida Commission on Ethics.

In an April letter to Prather, City Manager Mark Ryan also expressed concern about Prather's apparent extensive absences, which "have hindered the effectiveness" of the board.

The council decided to remove him May 22.

Council members delayed until Tuesday their decision on replacing Prather, wanting to get more information about Cole and Leady.

Vice-Mayor Paul Secor and Johnson wanted Cole as an alternate. But in a compromise, they agreed with Councilmen Jim Tulley and Conrad Eigenmann and supported Burson for the alternate's spot.

"It strikes me that a different point of view may be needed," Tulley said of Burson, who served on the riverfront acquisition committee.

Contact Raynor at 360-1016 or at jraynor@floridatoday.com.

 

Growth plan still not done

Joshua Davidovich
Staff Writer

TAVARES - Lake County Commission Chairman Welton Cadwell wants to impose a "drop dead" date for completion of the county's comprehensive plan, though the date, and board support for the deadline, remain as elusive as the long overdue plan.

The county's Local Planning Agency has been working on the plan, which will map out county growth for the next 20 years, for 21Ú2 years, 18 months longer than many thought the process would take.

"We need to have a deadline," Cadwell said. "We are breaking the law. Two and a half years by any stretch of the imagination is enough time."

The county is still operating under its outdated 1993 plan, though the state Department of Community Affairs asked them to switch to a newer plan almost three years ago. The DCA has had a moratorium on any amendments to the plan since then, meaning they have been unable to pass the school concurrency plan that was agreed on by the county and all 14 cities last year.
Cadwell drafted a letter to the LPA urging them to finish up, as he has told them many times, though he agreed to rewrite the letter after he was criticized by commission members for its tone.

"I understand the reason for the letter," Commissioner Elaine Renick said. "I have a little heartburn with the letter as it's written."

Cadwell's original letter, which will not be sent, gave the LPA until August 16 to finish the plan and send it to the county commission for approval.

"I am extremely concerned with the current pace of a project that now seems bogged down in wordsmithing minutiae," the letter reads. "The board had expected the comprehensive plan elements to be transmitted at the fall at the latest."

LPA board member Rob Kelly said they were working on legitimate issues, not wordsmithing, and blamed the county's planning staff for many of the problems. Renick and County Commissioner Linda Stewart agreed.

"A lot of time has been wasted and you can't put all the blame on the LPA," Stewart said.

Kelly said the board, which has let deadlines, self-imposed and others, pass without action, was near the end.

"We all see the light," he said. "We are struggling to get through that last 10 percent."

Martin commission orders a do-over on 'cluster' draft

Palm Beach Post Staff Writer

Wednesday, July 11, 2007

STUART — A proposal to change Martin County 's growth rules will go back to the drawing board.

One day after a Martin County commissioner complained that her proposal to allow clustering of homes on rural lands had been butchered by county planners, commissioners voted 3-2 to order it to be rewritten.

"It didn't reflect my intentions and in my opinion it did not reflect the intentions of the board," said Commissioner Susan Valliere of the rough draft that growth management officials created for the proposed Land Protection Incentives Amendment to the county's comprehensive plan, its blueprint for growth.

Commissioners instructed officials to substitute the principles Valliere originally proposed in April in place of the draft.

Valliere wanted the plan to emulate a Hobe Sound project called Atlantic Preserve where developer Alberto Micha wants to donate 2,300 acres for conservation in exchange for being allowed to cluster 650 homes on 400 acres along Bridge Road .

The draft proposed allowing developers to donate rural land in western Martin County and build denser projects in the eastern, more developed parts of the county.

Commissioners trashed that idea on Tuesday.

"I don't think there's a person in Martin County who wants you to take that density from way out there and stick it in there," said Commission Chairman Michael DiTerlizzi.

Commissioners voted 3-2 in June to have officials craft the amendment. But after seeing a rough draft of the amendment on Monday, Valliere, other commissioners, slow-growth activists and landowners all criticized it.

"I never saw it as a development proposal. I saw it as a land preservation proposal," Valliere said.

The idea, she said, is to get landowners to give the county large tracts of property needed to preserve the Everglades and the St. Lucie River.

She wants the amendment to preserve large tracts of open space, evaluate each case where a developer wants to donate land in exchange for clustering and require each developer to follow all of the county's comprehensive plan rules.

"They're not going to just give us the land, and I don't see how we could buy it," Valliere said.

DiTerlizzi said Valliere's original idea would prevent all of the western land from being developed into sugar farming, 20-acre ranchette residential lots or large developments centered around polo fields, as county rules currently allow.

"Is it going to be the sugar devil or the polo devil or the ranchette devil? It's coming," DiTerlizzi said.

Planners said they were just following the direction commissioners gave to them in June and had little time to work with.

Commissioner Sarah Heard, who voted against the proposed amendment, said an amendment was not needed to consider projects on a case-by-case basis.

Commissioner Lee Weberman, who also voted against it, said he would not support the proposed amendment in any form.

The local planning agency will make a recommendation on the overhauled proposal on July 19 and commissioners will vote on it on Aug. 21.

Dade moves to take back land from developer

As controversy escalated over a troubled biotech project in Miami-Dade, county leaders moved to recover the land.

BY JASON GROTTO

jgrotto@MiamiHerald.com

 

Miami-Dade County Manager George Burgess moved this week to wrest control of public land from New England developer Dennis Stackhouse, whose proposed $250 million biotech park failed to create thousands of promised jobs in one of the country's most blighted neighborhoods.

 

In a letter to Stackhouse's companies, Burgess said the developer missed a Friday deadline to deliver documents supporting his claim of having lured some of the largest drug companies and research universities in the world to Liberty City .

 

The letter likely sets into motion a protracted legal battle to regain control of 15 acres leased to Stackhouse's company in May 2005 for 75 years.

 

The move comes amid a widening criminal probe of the biotech deal that now includes the Miami-Dade state attorney's office, the Miami-Dade Police Department, the U.S. attorney's office and the FBI.

 

The scrutiny was prompted by a Miami Herald series last month revealing that some tenants touted by Stackhouse had no knowledge of the project -- while the developer improperly drew down at least $500,000 in public money using double billings and fake invoices.

 

The newspaper also reported that former U.S. Rep. Carrie Meek received a leased 2007 Cadillac Escalade, at least $40,000 in consulting fees and a free office for her foundation from Stackhouse while her son, U.S. Rep. Kendrick Meek, moved to secure millions in federal dollars for the biotech park.

 

Carrie Meek subsequently returned the car to Stackhouse and vowed on WPLG-ABC 10's This Week in South Florida with Michael Putney to move her foundation from his Opa-locka office building. Kendrick Meek said he would donate to charity $5,500 worth of campaign contributions linked to Stackhouse and would halt federal funds for the project.

 

In an interview with The Miami Herald on Tuesday, Kendrick Meek said Stackhouse had used Carrie Meek's name to further his plans but that she never approached him to secure funds for the project.

 

''I think that Mr. Stackhouse traded up associations with a number of good things,'' he said.

 

Stackhouse has declined interview requests since the series appeared.

 

Akerman Senterfitt attorney Julie Williamson -- Stackhouse's lead attorney on the biotech project -- said the developer wasn't required to turn in the additional information but was attempting to gather it.

 

''The information you request as to the background on the tenants is not required under the relevant contracts,'' Williamson wrote in a response to Burgess.

 

The biotech project was green-lighted by the Miami-Dade Empowerment Trust, a nonprofit established by the county in 1998 to oversee a massive federal anti-poverty program.

 

The Trust gained control over 30 acres inside the Poinciana Industrial Park in 2001 when the County Commission voted to make the agency the master developer.

 

In 2005, the Trust became a 5 percent partner in a company controlled by Stackhouse, then leased 15 acres inside Poinciana Park to the firm for 75 years.

 

In January, the County Commission voted 11-2 to use as much as $23 million in bond money set aside to help poor neighborhoods to purchase a 1,500-space parking garage the developer promised to build inside the park.

 

As part of the deal, Stackhouse was supposed to turn in leases or letters of intent for two buildings slated to go with the garage.

 

Stackhouse submitted the documents to the county in May, but The Miami Herald found them rife with problems. One letter came from a company that didn't exist. The Alliance for the Management of Substance Abuse has no employees, no board of directors and no clients -- but it was supposed to pay more than $4 million a year to lease 175,000 square feet inside the park.

 

Stackhouse turned in another lease from a Cambridge, Mass., company called MediVector, which was supposed to pay more than $500,000 a year in rent for 70,000 square feet inside the park. But MediVector is a small consulting firm run from a 300-square-foot office with less than 15 employees.

 

After the Poverty Peddler series, Burgess sent Stackhouse's companies a default letter, giving the developer 10 days to deliver promised leases or letters of intent from the Massachusetts Institute of Technology, the multibillion-dollar drug giant Wyeth Pharmaceuticals and Miami Dade College.

 

The manager also asked for articles of incorporation and five years worth of audited financial statements for MediVector and the Alliance for the Management of Substance Abuse.

 

Stackhouse's attorney said the developer has met his requirements, pointing to a May 15 letter from an assistant county manager saying Stackhouse's company had ''satisfied its initial obligations'' under its contract.

 

Yet, with Friday's deadline passing and no word from Stackhouse, the county said it will not go forward with the project.

 

''We are moving aggressively to recover the land,'' said Assistant County Manager Roger Carlton.

 

Stackhouse isn't the only one who could make the county's effort to recover land at Poinciana difficult. The land inside the Poinciana Industrial Park is encumbered with a $700,000 lien and a $4.2 million private loan that could complicate the county's efforts.

 

Orlando-based Finfrock Construction, hired to build the parking garage, slapped the $704,676 lien on the Poinciana land in May after saying Stackhouse failed for six months to pay his firm's bills.

 

In December 2005, Stackhouse used the land to secure a $4.2 million loan from a private investment firm called Tremont Realty Capital. Most of the money from the loan has been spent and none of it has been repaid, further confounding any move to get the land back.

 

Despite the problems, county leaders and Kendrick Meek say they are committed to drawing businesses and creating jobs in the Poinciana Industrial Park . ''I want to ensure that these federal funds, which were intended to spur public-private investment at Poinciana Industrial Park, remain available for that purpose,'' Meek said in a letter to County Mayor Carlos Alvarez.

Wellington rejects land-use change again

 

Palm Beach Post Staff Writer

Wednesday, July 11, 2007

WELLINGTON The village council wasn't charmed - even on the third time.

It voted 3-2 against a land-use change Tuesday night that would have cleared the way for the Hospitality Shoppes, a 7.8-acre development with 35,000 square feet of commercial and office space alongside a 96-bed assisted living facility.

Developers also asked that the land be shaved off the Equestrian Overlay District, which has strict rules against commercial development.

"I have some real concerns about this," said 74-year-old Mayor Tom Wenham, who surprised the audience by voting the project down. In the past, he's been a strong proponent of senior needs in the village.

"I don't feel this is the proper place," he said of the proposed assisted living facility.

Councilwoman Lizbeth Benacquisto and Councilman Carmine Priore voted in favor of the project, saying developers have the right to put 35,000 square feet of commercial and office space on the property anyway. The village might as well get an assisted living facility along with it.

Benacquisto expressed concern that the council will regret its decision some day.

"We will have gotten nothing in trade for that," she said.

The development would have been built at South Shore Boulevard and Pierson Road , where the old Palm Beach Polo stadium now crumbles.

Based on public comment, there appeared to be more opposition to the project than support.

Alan Johnson, who is on the village's planning, zoning and adjustment board, said he was concerned what would happen if Sunrise Assisted Living, which wants to build the facility, were to go "belly-up."

"I've got to remind you, companies come and go, but the land remains," he said. "Ain't no way it's going back to the equestrian preserve if this company goes belly-up."

When folks stepped forward to speak in favor of the project, there were occasional boos. But that didn't stop folks such as Morley Alperstein, an alternate of the village's planning, zoning and adjustment board.

"I realize this project has been turned down by planning and zoning three times, but I've always been in favor of it," he said.

Developers can come back with the same plan in two years. Lawyers for Hospitality Shoppes said they intend to move forward with plans to build 35,000 square feet of commercial space.

This is the third time in a year the project has come before the village council in some form.

The issue was tabled for the first time in October, after Palm Beach Polo owner Glenn Straub suggested that approving the land-use change and allowing the development would set a precedent. Straub owns several acres of polo fields adjacent to the proposed Hospitality Shoppes location.

The land-use change was back before the village council for the second time in November, but was tabled again because it lacked enough council support to pass.

Councilwoman Laurie Cohen moved to kill the land-use change and Benacquisto recused herself because she was dating George Banks, an investor in the project. At least four council votes were needed to send the application to the state Department of Community Affairs for review.

Banks has since sold his share in the development, and Banks and Benacquisto have ended their relationship.

 

Florida : The Fuel-Friendly State

The Tampa Tribune

Published: July 11, 2007

During this time of high gas prices, Florida is taking the right approach with residents industrious enough to rig their cars to run on something other than gasoline or diesel.

Unlike other states worried about the loss of gas-tax revenues, Florida charges no fee and requires no bond of people who convert their vehicles to run on vegetable oil or other bio-fuels.

Nor should it.

Motorists that creative should be applauded, not slapped with extra costs. They're helping the environment and reducing our dependency on foreign oil.

State officials do regulate the manufacturing or sales of large quantities of bio-fuels, which is as it should be. A commercial venture should be regulated to ensure products are safe and consumers get what they pay for.

The Charlotte Observer in North Carolina reported a particularly egregious example of heavy-handed oversight a few weeks ago. A musician who converted his Mercedes Benz to run on vegetable oil was fined $1,000 for failing to pay state fuel taxes and posting a $2,500 bond for the privilege of gassing up with bio-fuels.

The scenario got even more ridiculous: Bob Teixeira, the newspaper reported, spent more on 5-gallon-jugs of soybean oil at a Costco Wholesale warehouse than he normally spent on diesel. You have to wonder whether North Carolina also plans to add fuel taxes to the sales tax on vegetable oil.

But in Florida, which strongly endorses the manufacturing of alternative fuels and offers handsome tax incentives, motorists willing to try something different have the green light.'

 

Crist Hosts Forum Of Cool Ideas In Quest For Energy Reform

Tampa Tribune editorial

Published: July 11, 2007

A variety of experts and celebrities join Gov. Charlie Crist in Miami Thursday and Friday to seek practical ways to steer the state toward less reliance on fossil fuels.

The Summit on Global Climate Change is significant for the policies it will suggest and for the political shift it represents. Joining Crist will be California Gov. Arnold Schwarzenegger, one of a new strain of Republican politicians who believes it's unpatriotic to waste oil.

Schwarzenegger led California to the first statewide cap on greenhouse-gas emissions, and Crist was reported Tuesday to be planning a similar strategy here.

'We must face realities head on,' Crist urges.

One reality he cannot ignore is that China and many other traditionally low-energy areas are rapidly industrializing and pumping out increasing amounts of greenhouse smoke.

Environmentalists cheered Crist for helping stop two recent proposals for coal-fired power plants, one in North Florida and the other near the Everglades . Meanwhile, China continues to fire up a new, dirty coal plant every 10 days. Florida residents will wonder how much they're helping the climate by paying higher energy prices for cleaner gas-fired plants while China builds 36 dirty coal plants each year.

Crist must explain how serious local action to clean up the air makes sense in a smoky world. A good answer is that the United States and other advanced countries must perfect cleaner technologies, buy them and then give them to China and other major polluters. States producing these new technologies will gain hundreds of good jobs.

And the right strategies at the state level will lead to lower energy bills for consumers.

Florida has a long way to go to become a leader in energy efficiency. The logical first step is to find out what works and at what price. That's the main value of the Miami conference.

Among Crist's guests will be Vinod Khosla, co-founder of Sun Microsystems, who can talk about his investments in ethanol, which holds much promise for Florida agriculture.

Theodore Roosevelt IV, the practical-minded great-grandson of President Theodore Roosevelt, can share ideas on capturing the carbon emitted by coal-burning power plants and storing it safely underground. Such an innovation would be useful in Florida with its lack of hydroelectric dams and no good hilltops for windmills.

Schwarzenegger can describe his state's carbon cap and its rebate for solar roofs. His goal is to have a million roofs in California equipped with electricity-making panels by 2018. Florida could also use solar power to reduce electrical demand, plus solar panels would give a home a backup power supply when storms down central power lines.

Environmental activist Robert F. Kennedy Jr. can explain why he thinks politicians who do nothing about climate change are traitors.

Even-tempered Crist is a good host for such a bipartisan group. He understands that the public won't abide sharply higher taxes, but he also knows that more Republicans voters are beginning to agree with Kennedy that elected officials should lead or step aside.

 

Crist Sees Florida As Green Leader

By MIKE SALINERO The Tampa Tribune

Published: Jul 11, 2007

TALLAHASSEE - Gov. Charlie Crist wants to follow California 's lead and turn Florida into a green state by capping greenhouse gas emissions, requiring environmentally friendly building codes and turning state government into a model of energy efficiency.

If adopted as drafted, a series of executive orders Crist could sign as early as Friday will change the state's environmental landscape.

Dirty power plants would be required to dramatically reduce emissions while converting 20 percent of their production to renewable energy. Greenhouse gas emissions from vehicles would be cut.

Crist plans to discuss the proposals Friday at the Summit on Global Climate Change in Miami .

The summit starts Thursday and features scientists, alternative energy experts and environmental officials from across the country and as far away as Germany and Japan .

Crist will share the spotlight with California Gov. Arnold Schwarzenegger, seen by many environmentalists as a national leader on statewide solutions to the climate change problem. Crist will meet with Schwarzenegger about California 's energy policies and attend a series of meetings and presentations.

"Once that all concludes, we'll make a final decision on what the executive order will contain," Crist said Tuesday. "I'm optimistic because at certain points with any discussion or any debate or any issue, you reach a point where change occurs, and I think we're at that point."

Drafts of the executive orders were released Tuesday and show Crist would set caps on emissions by electric utilities. The caps will come in stages, with the first reduction goals coming in 2017 when power plant emissions would be capped at 2000 levels. By 2050, emissions couldn't exceed 20 percent of 1990 levels.

Utilities also could be asked to produce 20 percent of their power with renewable sources, such as solar and wind energy.

Coal-fired power plants in the United States , such as the Big Bend plant in Apollo Beach , are responsible for 83 percent of the emissions of carbon dioxide, the chief greenhouse gas.

One method of helping utilities reach the reductions is through a regional cap and trade system with other states. Under cap and trade, power plants with emissions over the cap can buy credits from plants that have installed the necessary equipment to achieve the reductions.

"We should be a leader in this area," Crist said. "When you look at the Southeast of our country, there hasn't been a whole lot of action. Maybe we can be the point of the spear as it relates to making a difference, striving to lead by example and partnering with our great friend from the West, Gov. Schwarzenegger."

Tampa Electric Co. spokesman Rick Morera said the company would have no comment until the documents are signed by the governor.

Governors can use executive orders to take direct action through executive department agencies. It's unclear whether the governor has the power to order such dramatic changes in state energy policy without concurrence from the Legislature or regulating bodies. Crist's communication director, Erin Isaac, said those details are under review.

Crist wants the state government to set the course for the private sector by having all agencies review their operations in search of energy efficiencies. The agencies will be asked to cut greenhouse gas emissions by 10 percent by 2012, increasing to a 25 percent reduction by 2017.

Researcher Michael Messano and reporter Jerome Stockfisch contributed to this report. Reporter Mike Salinero can be reached at msalinero@tampatrib.com or (813) 259-8303.

Commission rejects plan for landfill

By CINDY SWIRKO

Sun staff writer

A proposed construction and demolition debris landfill that could have imperiled gopher tortoises and mounded the materials 100 feet high was rejected unanimously by the Alachua County Commission on Tuesday night.

Ten residents from both Archer and other areas of the county spoke against it, citing tortoise protection, traffic, the height of the landfill and other reasons for their opposition.

"(Construction and demolition) debris is very hazardous. There is no doubt it leaches into the soil, particularly in Florida 's moist environment," said Archer area resident Ellen Perez. "We live where there is some of the most beautiful water and to have this leaching under the ground is ridiculous."

The county's Growth Management Department recommended denial because the site contains gopher tortoises.

The county's comprehensive plan bans permitting for development that threatens the life or habitat of any protected species unless adequate protection is given.

Consultant Frank Darabi said the company is setting aside about 26 percent of the site as a tortoise conservation area.

But Darabi added the site is not big enough to also include a buffer on all sides of that area.

County officials said that buffer is required under the county's land-development regulations for excavation and fill operations such as landfills.

"It does not meet the code, which requires a 250-foot setback," county Planner Scott Wright said.

Growth Management Director Rick Drummond said a landfill could be accommodated at the site if it were made smaller.

Some commissioners also had concerns about the eventual height of the mound at the landfill - up to 100 feet high.

"If I lived on adjacent property and looked west, I wouldn't be able to see the sun set," Commissioner Rodney Long said. "You're talking about 10 stories."

The site is at 19815 Archer Road near the county's old Southwest Landfill.

It is part of a larger landfill owned by Waste Pro that is for clean debris.

The site now has an existing use designation for a clean debris landfill. Waste Pro was requesting a special use permit to allow construction and demolition debris.

Clean debris is for bricks, fill dirt and similar materials. Construction and demolition debris includes roofing shingles, asphalt, treated wood and other items that can contain contaminants. Groundwater monitoring and a special-use permit are required for such landfills.

Cindy Swirko can be reached at 352-374-5024 or swirkoc@ gvillesun.com.

What's killing all the catfish?

Cause of die-off uncertain, say officials

By Vanessa Fultz, Democrat Reporter

The Florida Fish and Wildlife Conservation Commission (FWC) is investigating a fish die-off in three area rivers.

James Meeks, a local fisherman, began noticing dead catfish in the Suwannee River about three weeks ago.

"I saw eight catfish floating down the river where I was fishing. They were all dead," he said.

Meeks was fishing in the river about a mile from the Suwannee River State Park . Since that time he has seen numerous other dead fish in the Suwannee, Withlacoochee and Santa Fe rivers.

FWC has received numerous reports of the die-off in the three rivers over the last few weeks.

Gary Byerley, fishery biologist at FWC in Lake City , is investigating the matter.

He said though 99 percent of the die-off is of channel catfish, FWC did receive a report of a half dozen mullet dead in the Withlacoochee River .

Byerley collected a sample of fish in the Suwannee River near Luraville. At the site he found 15 dead and several sick fish within a mile and a half stretch of the river.

The sample of fish has been taken to a lab in Tampa for testing. Test results are expected back at the end of this week.

Byerley said though FWC cannot determine the cause until test results have returned, it is likely the fish are stressed by environmental factors.

"Several possibilities could have occurred," he said.

He said one possibility is toxins in the water. Due to drought conditions river levels are low. Certain algae that grow in shallow water can produce toxins harmful to fish.

Another culprit could be pockets of stagnant water which occur especially in the Withlacoochee and travel downstream to other rivers. The stagnant water results in oxygen depletion which can stress fish, causing them to become sick or die.

Byerley said the toxins are not harmful to humans.

Suwannee County Health Department Executive Director Nancy McCullers said the department did not wish to make any health recommendations until test results return.

Byerley said there is no way to speculate on the number of fish dead or sick.

Byerley said the die-off is "not uncommon." He said die-offs can happen fairly regularly -- annually or every few years.

Meeks, a retired park ranger for the Suwannee River State Park , said he has seen die-offs occur every 10-12 years.

For more information about aquatic toxins log onto www.doh.state.fl.us and click on read press releases and environmental health.

The Democrat will provide an update as soon as test results are available.

Sturgeon strike near Branford injures 2

Two Brevard County teenagers escaped serious injury Thursday when they collided with a sturgeon in the Suwannee River near Branford while riding a personal watercraft.

Alli Katirck, 14, of Mims, and Kori Snitker, 17, of Titusville , were riding with a group of family and friends in the Suwannee when a 6-foot sturgeon dealt them a glancing blow, according to Florida Fish and Wildlife Conservation Commission (FWC) officers.

FWC officer Dwain Mobley said the group on five personal watercraft approached his boat, asking for assistance. Mobley and officer Matt Tyre provided basic first aid to the two girls, who said the sturgeon jumped in front of them around the Rock Bluff area.

"The girls had sustained minor cuts and abrasions from the leaping fish," Mobley said.

"The two girls were very upset and didn’t want to get back on their personal watercraft," he added. "So we put them on our patrol boat and led the group back to the Branford boat ramp where they had put in."

After getting the group back to the boat ramp, officers gave the adults in the group directions to the nearest hospital so the girls could be checked over.

"These two teens were very lucky," Mobley said. "According to other witnesses who saw the collision, the fish was very large and could have hurt them severely."

According to Mobley, the group had seen media coverage about sturgeon jumping on the Suwannee River and heard about injuries other boaters had sustained.

So far this year, the FWC has documented five sturgeon strikes, with seven people injured:

March 31: Sharon Touchton, 50, of St. Petersburg , was knocked from her personal watercraft (PWC) while traveling north on the river with her PWC club just upriver from the Wannee boat ramp. She sustained serious injuries.

June 10: Tara Spears, 32, of Bell , was struck just north of Rock Bluff near the CR 340 bridge. She was knocked unconscious and taken to the hospital.

June 24: Taylor Lane Owen, 6, of Old Town and Kelly Clafin, 20, of Williston, were injured when a sturgeon jumped into their boat. Taylor received a broken leg, and Clafin was bruised.

July 1: Derrick Maynard, 14, Old Town , was struck while he was riding in a boat. He and two friends had seen a large sturgeon jump. They slowed down and were idling near the bank when a 2-footer jumped up and hit him in the chest. The fish slid down his legs, cutting him.

July 5: Katrick and Snitker were hit.

"The documented strikes for 2006 resulted in the worst year on record, with eight people directly hit by sturgeon and two injured when they swerved to avoid a jumping fish and hit a bridge piling," Hamlin said. "However, the numbers for 2007 show a trend that could top 2006. At this point last year, there were three documented strikes, with three injuries. People need to be cautious when on the Suwannee . I cannot emphasize that enough."

The Gulf sturgeon makes its way from the Gulf of Mexico each spring into the Suwannee to spawn. The fish return to the Gulf during winter months. These fish can grow to 8 feet in length and weigh 200 pounds.

"It’s important to document the strikes," Hamlin said. "We are mapping out the locations of each strike to determine jumping ‘hot spots.’"

FWC officials are requesting that all sturgeon strikes be reported. Boaters can call 1-888-404-3922 toll free to report collisions.

GLCRUA approves ordinance

By JOHNNA PINHOLSTER jpinholster@lakecityreporter.com
Tuesday, July 10, 2007 11:30 PM EDT

The Greater Lake City Regional Utility Authority Board approved an ordinance creating a reserve area up to five miles outside the city limits for water, wastewater, alternative water supply and reclaimed and reuse water.

The reserve area, once approved by Lake City City Council, will prevent unnecessary duplication of utility services within the designated area and be used as a planning tool for future growth.

Bruce May, from Holland and Knight law offices in Tallahassee , presented the ordinance to the board.

Without the ordinance the utility is still protected from the incursion of duplicate facilities. But the ordinance must be enacted for the utility to reserve the right to an area up to five miles outside the city limits, May said.

The ordinance also prevents the utility from encroaching on other municipal jurisdictions or other certified utility areas, May said.

“The code installs finite boundaries and lets people know you are in the business of utility,” May said.

The utility will still provide service outside the five mile area if and when it is needed, GLCRUA General Manager Scott Reynolds said.

Also the ordinance will not force people living in the designated area to become sewage or water customers, but if a well or septic tank dries up or needs to be replaced, they will be required to connect to the utility, May said.

Areas of coverage can also be modified through amendments to the ordinance, May said.

The ordinance will be presented to the city council Monday at the next city council meeting.

In other news:

nThe GLCRUA board declined the offer to reconvene the Wastewater Committee by the Columbia County Board of County Commissioners .

nThe GLCRUA board will send another letter to the Columbia County Board of County Commissioners , asking them if they would be interested in buying water and sewer services from the GLCRUA.

nStewart Lilker, of Fort White , appeared before the board to invite them to a town hall meeting at 6:30 p.m., Tuesday, at the Lake City Public Library to discuss the regional utility. Lilker said that Reynolds has agreed to attend the meeting.

Desal plant still not finished

It produces water, but needs repairs and a crucial test that has not been scheduled.

By CRAIG PITTMAN
Published July 10, 2007

Tampa Bay Water's troubled desalination plant has been producing millions of gallons of water a day for months. But more than four years after it was supposed to be finished, the plant still isn't done and there is still no completion date in sight.

A crucial test for the plant, which the utility's Web site says would be completed in the spring, still has not occurred. The company repairing the plant, which has now missed three deadlines, has not scheduled a date for it.

"We're not able to give you a specific date," American Water Pridesa spokeswoman Kimberly Cooper said Monday.

Company officials have repeatedly promised to have the plant ready for testing by a certain date only to push the test back.

"They've gotten a lot smarter -- they're not giving us one," said utility chairwoman Susan Latvala, a Pinellas County commissioner. "And we're not pushing them for it."

The problem isn't producing water, but rather producing it efficiently to keep the cost to customers reasonable, Latvala said. Right now, it's not doing that.

"We want to see it operate at the level we built into the budget," she said. "If it's significantly more expensive, that causes problems."

So the test may not occur before the end of the summer, nearly a year after American Water's original deadline.

Permitting and construction of the Apollo Beach plant, the largest in the United States , was launched in 1999. It was set to begin operating by 2003, aiding the utility with an alternative source of drinking water.

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

But the plant has been plagued by problems, ranging from contractors going bankrupt and Asian green mussels clogging its water intakes to the discovery that many of the plant's water pumps had rusted.

The plant finally produced its first 3-million gallons in March 2003. Local officials toasted success with plastic cups.

The celebration was premature. In May 2003, the plant flunked a crucial test of whether it was operational, known as the "acceptance test." Until the plant passes the test, Tampa Bay Water will not accept the project as completed.

The problem seemed to be in the pretreatment process, which removes impurities before the briny water is pumped through membranes to screen out salt. Although the plant was producing near its capacity, the expensive membranes were fouling far too quickly, which could wear them out too soon.

Tampa Bay Water set its rates based on each membrane lasting five to seven years. Replacing them more often would drive up rates.

The company that built the plant, Covanta, was unable to fix the problem. Ultimately, Tampa Bay Water voted to pay it $4.4-million to go away so someone else could fix the plant and run it for the next 30 years.

But the bidding process turned up other problems. As a result, bids to repair the plant came in above the $14-million estimate, driving up the potential per-gallon cost to the 2-million Tampa Bay residents whose water comes from the utility.

The German-Spanish consortium that won the contract, American Water Pridesa, bid $29-million. Company officials promised to finish repairing the plant and be ready for the new acceptance test by October 2006. They missed that deadline, a second one in December 2006, and another in March.

In an April 2 report to Tampa Bay Water's board, executive director Jerry Maxwell wrote that "the time schedule for the project completion and start-up is challenging."

Four days later the revamped plant began producing water again. By April 16, Eric Sabolsice, project director for American Water Pridesa, predicted that, barring unforeseen problems, the plant should be ready to undergo the rigorous acceptance test in two to three weeks. He was wrong.

For more than three months, the plant has produced up to 18-million gallons of water a day, helping Tampa Bay Water cope with demand during the recent drought, company officials said.

But the acceptance test still hasn't been carried out, and may not for the remainder of the summer because of problems with the sand filtering the water before it hits the membranes. The sand filters are clogging too often.

"Changes are required in the sand filters to achieve required performance and reach the 25-mgd design capacity," American Water board member Kent Turner said in a news release. "It will take additional time to correct this problem."

At June's utility board meeting, Turner told board members this setback is different from all the others that have afflicted the project because his consortium is different.

"I guarantee you American Water or Pridesa or neither one is close to bankruptcy and we are not ready to walk away from this," he said. Turner said the fate of the entire desal industry worldwide, and the future of his company, hinge on the success of the Apollo Beach plant.

Tampa Bay Water spokeswoman Michelle Biddle Rapp said the utility is willing to wait a little longer to make sure the plant is up to snuff.

"We believe that it is best to allow AWP to take the additional time to improve these processes instead of rushing into the testing process," Rapp said.

Tampa Mayor Pam Iorio, a utility board member, said in an e-mail that ever since she joined the board in April 2003 "the desal project has been nothing but one problem after another. There always appears to be another complication -- another reason for a delay. Hopefully it will get to completion with the ability to produce the amount of water as promised."

Fast Facts:

Time line

1999: Tampa Bay Water hires Stone & Webster to a build desalination plant.

2000: Stone & Webster goes bankrupt. Covanta Energy hired to replace it.

2002: Covanta files for bankruptcy, creates subsidiary to continue building the plant.

2003: The desalination plant flunks tests, deemed incomplete; Covanta subsidiary goes bankrupt.

2004: Tampa Bay Water pays Covanta subsidiary $4.4-million to walk away and hires American Water Pridesa to fix the plant for $29-million.

October 2006: American Water misses deadline to fix plant; says it will be ready for testing by December.

November 2006: American Water says fix won't be done until after Jan. 1.

December 2006: American Water says fix will be complete by March 30.

March 2007: Contractor misses deadline.

July 2007: Testing postponed indefinitely.

Proposed Archer landfill encountering resistance

By CINDY SWIRKO

Sun staff writer

A proposed construction and demolition debris landfill that could imperil gopher tortoises and mound the materials 100 feet high is drawing opposition from Archer residents and will be considered by the Alachua County Commission tonight.

The county's Growth Management Department is recommending denial because the site contains gopher tortoises. The county's comprehensive plan bans permitting for development that threatens the life or habitat of any protected species unless adequate protection is given.

"Because of that, their plan is not consistent with the setbacks in our code," said County Planner Scott Wright. "We require a 250-foot setback from listed species, and more than half the site has listed species habitat."

However, Waste Pro of Florida Inc. contends the site has an existing land-use designation for a landfill and should be granted a permit. Consultant Frank Darabi added the company is setting aside land for tortoises but not as much as the county believes is needed.

"We are going to be setting aside more than enough of what is needed for the gophers tortoises that are on the property," Darabi said. "The dispute is this - the county staff is saying we need a 250-foot buffer. You can't have a buffer from the property that the gophers are in. The buffer makes it impossible to do it."

The site is at 19815 Archer Road near the county's old Southwest Landfill. It is part of a larger landfill owned by Waste Pro that is for clean debris.

Clean debris is for concrete, bricks, fill dirt and similar materials. Construction and demolition debris includes roofing shingles, asphalt and other materials that can contain contaminants. Groundwater monitoring and a special-use permit are required for such landfills.

The site currently has an existing use designation for a clean debris landfill. Waste Pro is requesting a special use permit to allow construction and demolition debris.

Signs opposed to the landfill have been placed along Archer Road in Archer. It will be considered by the County Commission sometime after 5 p.m.

Cindy Swirko can be reached at 352-374-5024 or swirkoc@ gvillesun.com.

Clustering plan disliked by all, including creator

Palm Beach Post Staff Writer

Tuesday, July 10, 2007

STUART — A county commissioner's proposal to allow clustered pockets of homes in growth-sensitive Martin County, where no pockets now are allowed, has been drawing both praise and derision in recent months.

On Monday, no one, not even the commissioner who came up with the plan, had anything good to say about the rough draft Martin County planners released.

"This document is not what I proposed," Commission Susan Valliere said in an e-mail. "I realize that it is a draft, but if anything like it comes before me I will not support it."

Commissioners voted 3-2 last month to have the county's growth management department craft an amendment to the county's comprehensive growth plan that would allow clustering of homes in exchange for developers donating large chunks of land to be preserved.

Supporters see it as a way to allow growth without creating urban sprawl, while environmentalists call it the latest attempt to bust Martin County 's tough limitations on unbridled development.

Commissioner Sarah Heard, who voted against the amendment and engaged in heated debates with Valliere over the plan during commission meetings, responded to Valliere's opposition to the draft by shouting "Woo hoo!"

"The whole amendment is a horror," Heard said. "It provides no public benefit."

The draft plan would allow landowners to donate agricultural land to a public entity such as a nonprofit agency, then take the units that would have been allowed on that land and transfer them to another piece of land, senior planner Clyde Dulin said.

The land to which the units are transferred must be within the urban service boundary, which includes the eastern, developed areas of the county and Indiantown. Those are areas where water and sewer service are already allowed.

The transferred units would be added to the number of units already allowed on the land where they are proposed, creating a much denser development, Dulin said.

In western Martin County , most of the land is allowed to have only one unit per 20 acres. So, for example, if a landowner donated 1,000 acres in western Martin, he would be allowed to transfer the 50 homes allowed there to a piece of land where 100 homes are allowed inside the urban boundary.

The landowner then would be able to ask commissioners to change the land use to allow 150 homes on that land, Dulin said.

"It's pretty restrictive," he said.

Valliere proposed the amendment to try to emulate another project commissioners approved, called Atlantic Preserve, that would donate 2,300 acres near Hobe Sound in exchange for clustering 650 homes on 400 acres. But Valliere's e-mail comments said the draft did not reflect that idea.

"The intent of my amendment, which will come forward, is to preserve and protect large tracts of environmentally sensitive lands in western Martin County and inside the urban services boundary," Valliere said in her e-mail.

Martin County Conservation Alliance Chairwoman Donna Melzer, who has repeatedly blasted Valliere for proposing the amendment, said she was happy the commissioner opposed the draft.

"I've never seen anything quite as ridiculous," Melzer said. "Tell me what neighborhood will want more density in their back yard than is already allowed there now."

Farmers originally supported Valliere's proposal, which planners call the Land Protections Incentives Amendment. But Barbara Lee, an Atlantis resident whose family owns a 128-acre nursery in southern Martin County , said the draft was not at all what she had in mind.

"I don't see how this would help anybody," Lee said.

Dulin said he was trying to follow the ordinance that commissioners passed to craft the amendment. He had wanted to hold public workshops on it, but said commissioners voted to consider the amendment on Aug. 21 and there was not enough time.

Heard said that the draft shows that the entire proposal for the amendment should be scrapped.

Tom McNicholas, a spokesman for several large farmers in Martin County , said Valliere's proposal is far from dead and commissioners could easily change the draft to be more like her original intent.

"There's really nothing to support or oppose yet," he said. "It's just a draft."

Land Protections Incentives Amendment

What it would do: Give landowners the ability to transfer homes allowed on their land to another piece of land in exchange for donating property to a public entity for preservation. It also would give landowners the ability to cluster homes on a corner of their property in exchange for donating part of their land to a public entity.

Who proposed it: County Commissioner Susan Valliere.

Where it stands: The county's Local Planning Agency will make a recommendation on the proposal on July 19. Commissioners will vote on the proposed amendment on Aug. 21.

Martin builders win one, lose one as state eyes plans

Palm Beach Post Staff Writer

Tuesday, July 10, 2007

STUART — A hotly debated Jensen Beach condominium project has escaped state review unscathed, but planning officials objected to a Hobe Sound project praised by environmental activists and developers alike.

"That's unfortunate," Martin County Commissioner Lee Weberman said Monday after learning that the state Department of Community Affairs objected to the proposed 2,700-acre Atlantic Preserve project on Bridge Road . "A lot of people worked very hard for what looked like a clear win-win-win."

 

Developer Alberto Micha wants to donate or preserve about 2,300 acres of land in the Atlantic Preserve development in exchange for clustering 650 homes on about 400 acres.

When commissioners first approved an amendment to Martin County 's comprehensive plan for the project in April, both sides in the county's growth debate praised the idea.

The state agency, which must approve all changes to the comprehensive plan, said in a report last month that it did not believe the county had shown enough evidence that there was sufficient water and sewer capacity to serve the new homes.

The report is not a final denial of the project but acts more as a warning to the county that state officials have issues with it, said Jon Peck, spokesman for the agency. County commissioners must vote on its proposed comprehensive plan amendments again next month; then the state will rule on whether the changes comply with state laws, he said.

The developers are still negotiating with the South Martin Regional Utilities company, run by Jupiter Island , over the price of building a sewage treatment plant that would serve the project's homes, said Morris Crady, land planner for the project.

Because of the negotiations and the state's objections, Crady said, Micha has asked the Martin County Commission to postpone its final vote on the comprehensive plan amendment until next April.

Crady and county commissioners were confident that the water and sewer issues can be solved by then.

"It's all a matter of what it is going to cost," Crady said.

Another high-profile project, the proposed 84-unit condominium and single-family home Pitchford's Landing project on Indian River Drive in Jensen Beach , did not receive any objections from the state.

"That's good news," said attorney Bob Raynes, who represents the project's developer, Bill Reily. "I didn't see any reason why there would be objections."

A group of activists known as the Jensen Beach Group has fought the project for nearly two years, saying it was too dense and too tall and did not fit the neighborhood. The group contacted the state agency directly and expressed its concerns about the project, said Thomas Fullman, the group's founder.

Raynes said commissioners now could approve the comprehensive plan amendment and the master site plan for Pitchford's Landing on Aug. 7.

Even if the state did not find any problems with Pitchford's Landing and the commission gives its final approval next month, Fullman said, the group believes it has been successful in its opposition because Reily has drastically reduced the project from the 2005 proposal of more than 150 units and three-story buildings.

Projects draw objections

The Florida Department of Community Affairs objected to several high-profile comprehensive plan amendments for proposed developments approved by Martin County commissioners this year, including:

Atlantic Preserve: State officials objected to the amendment allowing the 400-acre, 650-home project in Hobe Sound, saying the county had not demonstrated sufficient water and sewer line capacity for the homes. The project will be put off until next year.

Cove Road: Sixdevelopers want to increase the housing density allowed on their land near Cove Road between Kanner Highway and U.S. 1. The state objected to the projects, saying the roads may not be able to handle the increased traffic. State officials objected to some of the same projects on similar grounds last year. Commissioners will vote on the projects next month.

Travelplaza: Developers want to build a travel plaza, including a motel, on Martin Highway near the Palm City exit of Florida 's Turnpike. State officials objected to the idea, saying there was no money allocated to widen Martin Highway , and the road may not be able to handle the increased traffic. Commissioners will vote on the project next month.

Palm City Holdings: Developers want to turn 160 acres of agricultural land near the former county landfill in Palm City into an industrial park. State officials objected, saying that there is no money availableto widen nearby Martin Highway , and the existing roads may not be able to handle the traffic. C Neighbors oppose trail on old railroad line

By BOB KOSLOW

Staff Writer

ORANGE CITY -- At first glance, the abandoned easement that runs between the backyards west of the city limit is nothing more than a dumping ground for old tires, landscape debris and rotted trees. 

It's been decades since anyone used this old passageway for actual travel. But when it was used, it served a vital function in the early development of West Volusia .

The overgrown right of way -- at places resembling a dirt road, at others a nature trail atop a berm -- carried Volusia County's first railroad line, and on it, many of the community's earliest settlers. They would board the train at the old Blue Spring Landing after long steamship trips on the St. Johns River .

Today, nature is slowly reclaiming the corridor. The railroad tracks are long gone, but it's possible, with some climbing, a machete, hiking boots and patience, to follow the line from the landing -- now part of Blue Spring State Park -- northeast through what are now the Orange City Terrace and Blue Spring Park dirt-road subdivisions to the intersection of Sparkman and Graves avenues.

From there, the track ran east along Graves Avenue into downtown, where a group of residents from Eau Claire , Wis. , had settled to raise oranges.

Under different circumstances, the old rail bed might be earmarked as a recreational trail. The state has been working during the past two decades with local governments and private owners to convert miles of old railroad beds for use by bikers, joggers and skaters, and a trail here could take people from Orange City to Blue Spring State Park, one of the state's most popular natural attractions.

"It would be nice to have a trail cutting through Orange City . I would love to have one," said James Moltz, Orange City 's parks coordinator.

The rail line was built in 1881 by W.W. West, an Orange City pioneer who also owned a general store downtown. West started the narrow-gauge line at his two-story brick store at the southeast corner of East Graves and South Holly avenues.

A mule or horse pulled people and goods along the two-mile line on a single flatcar, according to "Our Story of Orange City," a history published by the Village Improvement Association Orange City Woman's Club.

Sometimes the animal was untied, and the cart was let loose to coast downhill to the river. Sometimes the brakes failed and the flatcar slid into the river.

The rail line was widened to a standard grade for steam engines in the mid-1880s. It was extended east from Orange City to Lake Helen and then to New Smyrna Beach by 1887. The line became a major route for local goods to get to market and for new residents to travel across the county.

Cars and trucks made West's line obsolete. The track was torn up during the late 1930s, but the bed remained in place and was used for years by local residents.

"I moved down here in the late 1950s and my friend and I used to ride our mini bikes up the embankments and on top of the raised sections west of town," said Richard Harris, assistant manager of Blue Spring State Park .

As planners scouted unused rail beds for trails in the mid-1990s, local officials looked at the old W.W. West line.

But the idea was quickly dismissed because of concerns of surrounding residents, as well as the fact that ownership of much of the old line west of Lawton Avenue is now split among homeowners, said Paul Johnson, Orange City 's Public Works director. A majority of the trail lies in unincorporated Volusia County , west of the city.

"Most of the old bed has been sold off and would be too costly to buy," said Susanne Inman, a Volusia County trail planner.

A section of the track that was later extended to Lake Helen and New Smyrna Beach is part of the county's long-term trail plans, but development is not yet funded, Inman said. Lake Helen is weeks away from completing a small stretch around Blake Park for use by humans and horses, Inman said.

Of the original section, a half-mile stretch between Sparkman and Lawton avenues is still owned by CSX Railroad, which bought the railroad before it ceased operation. Residents along that section would like CSX to sell or give it to them, so they could clear debris and prevent people from driving back there and dumping trash, said neighbor Thomas Herceg.

"At night, people go back there and can't find a way out, so they drive through our yards. I've had to fix my drain fields twice because people drove over it," Herceg said.

bob.koslow@news-jrnl.com

Did You Know?

The Florida Rails-to-Trails program began in 1986 when Gov. Bob Graham and the Cabinet passed a resolution urging its creation.

· The resolution was approved the following year and the first trail, a 16-mile paved path linking Tallahassee in Leon County to St. Marks in Wakulla County , opened in 1988. Currently, the Pinellas Trail in St. Petersburg is the third most used trail in the U.S. , following trails in Virginia and Massachusetts .

· Real estate experts say the trails pay off. A 2002 home buyer survey ranked trails second on a list of important amenities and a 1998 study found properties sold next to a Wisconsin trail averaged 9 percent more than other lots.

Compiled by News Researcher Janice Cahill from Florida Today and the Orlando Sentinel.

Commissioners will vote on the project next month.

Belleview considers annexations


BY HARRIET DANIELS
STAR-BANNER

BELLEVIEW - The Belleview City Commission will consider five annexation applications totaling more than 150 acres today. The parcels at issue are mostly undeveloped and have future use designations of residential or commercial.

These will be the first public hearings for the proposed annexations.

The application from CenterPoint Development Group and Ford of Ocala is the largest, at 76.55 acres, and includes 10 different property owners and 15 parcels.

CenterPoint, an Atlanta-based development firm, plans to use approximately 40 acres just west of U.S. 441 for a shopping center that exceeds 300,000 square feet. The remaining 36 acres are contiguous with the city limits. The application got a unanimous nod June 12 from the city's Planning and Zoning Board.

Stephen Clark, a partner with CenterPoint, said the company looks forward to clearing the annexation hurdle and continuing with the development process.

"We don't have an anchor tenant yet, but we have several we are talking to. It all takes time," Clark said.

Belleview land development coordinator Jeff Shrum said it made sense to group this latest cycle of annexation requests together. He said the requests may generate annexation interest from other contiguous property owners.

Shrum said the five applications are the largest group to be considered by the city outside of the 2005 annexation of the 219-acre Bellehaven project owned by Kirk Boone. That project will feature a 550-home residential community with a five-acre commercial tract.

Shrum said the city's growth spurt has really taken off in the past three or four years, and that he would rather see development within the city, thus providing for control of how the land is developed.

"Whether it's in the city or in the county, we will still have the impact of traffic and use of county fire services, so it makes sense to have it in the city and get the taxes," he said.

However, Shrum said, it all boils down to where commissioners want to see the city grow.

Annexation requests of notable size also on tonight's agenda include:

  The 27 acres purchased by the city off County Road 484 where the county library is being built and other city offices are planned.

  An application by K M Holdings LLC, Autumn Glen LLC and Jack Wane Stephen for approximately 44.43 acres off County Road 25.

Harriet Daniels may be reached at harriet.daniels@starbanner.com or (352) 867-4125.

County now part of transit group

By MICHAEL D. BATES
mbates@hernandotoday.com

BROOKSVILLE — With the stroke of a pen, Gov. Charlie Crist has signed legislation that makes Hernando County part of a seven-county regional transportation authority.

State and local officials believe this will ultimately help motorists longing for an easier commute between Hernando and other counties. Business owners should be pleased because it will speed up the time it takes to ship their product out of the county.

But maybe the best part: It won’t cost Hernando County taxpayers a dime, they say.

The Florida Department of Transportation will handle the administration end of the authority, with the federal government footing the bill. The regional authority will plan, develop, finance, build and operate regional transportation facilities. 

“It never hurts to run with the big pack,” County Commissioner David Russell said. “The ability is there to draw down larger federal dollars because we’re part of this larger consortium.”

The formal name is the Tampa Bay Area Regional Transportation Authority (TBARTA) and its goal is to improve mobility and expand transportation options for passengers and commercial carriers in Hernando, Citrus, Hillsborough, Manatee, Pasco , Pinellas and Sarasota counties.

Russell said the transit authority has been at least three years in the making.

For Hernando County , it could eventually mean extending rail from the airport to Hillsborough County . The rail system as it is now is not being used to its maximum capacity, he said.

County Transportation Planning Advisor Hugh Pascoe said the authority will take a close look at the Suncoast Parkway and U.S. 41 corridors because that is where the population and employment growth is centered.

The authority has just completed its regional transit needs assessment and is about ready to start the next phase: Develop a strategic plan. That should be completed by July 2009, Pascoe said.

Transportation Planning Coordinator Dennis Dix said he plans to discuss the authority at next Tuesday’s county commission meeting and ask one of the commissioners to represent the county on the transit board.

Betty Carlin, communications manager for the Tampa Bay Partnership, said the authority was a major initiative of the business community that realizes a strong transportation network helps retain and recruit new industry, as well as help employees.

“From an economic development standpoint, our business leaders have told me that transportation is their number one issue,” she said.

“(The authority) is not just roads,” Carlin stressed. “It’s transportation with a big focus on transit.”

“The intent of the authority is that they will have the ability to not only plan, but implement, build and operate transportation systems within the seven counties,” Carlin said.

Reaction to the governor’s action has been positive.

“The signing of this legislation marks a significant milestone for the mobility of our region,” said Rep. Bill Galvano, chairman of the Bay Area Legislative Delegation.

“Our citizens want and need transportation choices,” Sen. Mike Fasano said. “Since our dynamic, multi-county region is increasingly one interconnected market for commuters, businesses, freight-haulers, and tourists, a regional approach to transportation makes imminent sense.”

Galvano and Fasano lobbied for the initiative during the recent legislative session.

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

Developers sue North Port over road fee

By JOHN DAVIS

john.davis@heraldtribune.com

NORTH PORT -- Despite two lawsuits, North Port will keep charging a per-square-foot fee to builders for the damage that construction trucks do to city roads.

On Monday, the City Commission voted 3-2 against repealing a "construction traffic road fee" that has North Port embroiled in two lawsuits with developers of the West Villages Improvement District. More lawsuits are likely.

"You're going to spend a bunch of money defending it," City Attorney Rob Robinson said of the fee that went into effect in April. "In the end, you very well may lose."

With little money for road rehabilitation and hundreds of miles of roadway in need of repair, the commission opted to keep collecting the money, risking having to pay back the fees collected with interest if the city loses in court.

Robinson said the price tag for the current two lawsuits could reach $100,000, not including appeals.

"There is no way that we're ever going to get enough money to fix our roads here," said Commissioner Fred Tower . "The state is no help."

Tower joined commissioners Barbara Gross and Jim Blucher in voting to keep the fee.

North Port has no room in its budget for a paving contract next year and has more than 500 miles of roads that need repair.

Opponents of the fee are calling it an illegal tax that unfairly singles out builders to fix roads that have been shoddy and neglected for years.

Some residents like the fee because they see it as a direct way development can pay for itself.

"I feel those who have been and continue to be responsible in damaging the roads should be held responsible," said Public Works Director Branford Adumuah.

If the city spends $5 million a year fixing roads, Adumuah estimated that most of the roads would be up to par in seven to 10 years.

The fee is 50 cents a square foot for houses and 75 cents a square foot for commercial buildings, meaning a big box retailer with a 100,000-square-foot building would pay $75,000.

"We should not bear the brunt of everything for years and years and years of poor use," said John Olliver of Precision Custom Homes in Venice .

Olliver asked the commission to repeal the fee on behalf of the Sarasota County Homebuilders Association, saying that the group would sue if North Port insisted on continuing to collect the fee that adds $1,000 to the cost of building a 2,0000-square-foot house.

The North Port Contractors Association has also threatened to sue the city.

Keeping the road traffic fee in place is a change of direction for the commission, which in recent weeks has tried to spark the local economy by making it less expensive to build here.

City leaders plan to pull back on large impact fee increases slated for October in the midst of a massive home construction downturn. North Port issued only 23 new home permits in May.

"I know with every fiber of my being that this is just not a legal fee," said Commissioner Vanessa Carusone, who along with Commissioner Richard Lockhart voted to kill the fee.

"Things are tight out there," Lockhart said.

So far, North Port has collected more than $66,000 from the fee.

Sinkholes pop up along North Florida roads

With the weather shifting from extremely dry to wet, road crews are seeing a problem on some local highways — sinkholes.

An outside, eastbound lane of Interstate 10, about 2.5 miles east of the I-75 interchange in Columbia County, will be closed Wednesday as workers investigate a possible sinkhole in the area, the Florida Department of Transportation reported.

Crews also confirmed that a nearby sinkhole was causing a depression on State Road 26, about two miles east of U.S. 129 in Gilchrist County . The problem was first reported last week.

In late June, another sinkhole opened on SR 24 in western Levy County near Cedar Key.

Sometime in the next several days, workers plan to pump grout, a mixture of sand, water and cement, into the spot on SR 26 to fill the depression, said FDOT spokeswoman Gina Busscher. Crews will shut down one lane on the road when the process starts.

Tests will be conducted throughout the day Wednesday on the possible sinkhole site on I-10, Busscher said.

Sinkholes frequently form after periods of drought followed by heavy rain. The water can dissolve underground limestone, creating a sinkhole.

Panel says state should examine nuclear fuel

BY DAVID ROYSE

THE ASSOCIATED PRESS

TALLAHASSEE -- Florida should consider building more nuclear power plants and even contemplate constructing a facility that would recycle nuclear waste into usable fuel, a panel examining the state's energy future says.

The committee will likely recommend that nuclear be a big part of that future, in light of concerns about coal contributing to global warming.

Volatile spikes in the price of natural gas and concerns about carbon emissions from coal plants are driving a renewed interest in nuclear power across the nation, and Florida should also be moving in that direction, several members of the Florida Energy Commission said Monday.

One of the obstacles to building more nuclear power plants is the question of what to do with the spent fuel.

Currently, much of that waste is set to eventually be taken to the national Yucca Mountain Repository in Nevada , but it will not hold it all. There is also opposition to storing it there that may pose problems for that plan.

Last year, the Bush administration proposed reviving nuclear fuel reprocessing. Recycling used fuel, which contains 90 percent of its original energy after one use, can reduce waste.

"Do we want to put (the waste) into salt mines for eternity or do we want to make use of it as a fuel?" said J. Sam Bell, chairman of the Florida Energy Commission's advisory committee on energy supply. The panel will recommend changes to the commission, which in turn will make suggestions to the Legislature.

The United States stopped reprocessing nuclear waste in the 1970s because that also produces a plutonium that is nearer to weapons grade, raising fears that reprocessing could increase the risks of nuclear terrorism or proliferation of nuclear weapons.

Several members of the panel said knowledge about the reprocessing technology is lacking, so it needs to be studied more before committing Florida to taking a leading role.

Along with security concerns, some environmental and other groups have questioned whether reprocessing is a legitimate answer, noting that it is expensive and still leaves waste that must be disposed of.

Safety, security and what to do with the waste are not the only obstacle to more nuclear plants -- there is also the huge capital cost. The last new nuclear plant in the United States , opened in 1996 in Tennessee after 22 years of construction, cost $7 billion.

The panel's discussions also included whether state policy should embrace coal as another option for the state's electric power generating future, a touchy subject because of global warming.

Electric industry officials say new technology makes coal much cleaner.

Zoning board inks retail center plan

By TONY MARRERO
lmarrero@hernandotoday.com

BROOKSVILLE — A giant shopping center at the southeast corner of Spring Hill Drive and the Suncoast Parkway came closer to reality Monday after the planning and zoning board approved a master plan for the project.

The board voted 4 to 1 to approve a request by Atwell-Hicks LLC to rezone two of the parcels that make up the 53-acre site, and allowed for less setback and a smaller buffer area along Spring Hill Drive .

Most of the site is already zoned commercial. The project, to be developed by Regency Centers, is slated to have nearly 400,000 square feet of retail space, including a big-box store, plus nine outparcels along Spring Hill Drive .

No tenants have signed leases for the site, said Brooksville attorney Darryl Johnston, who is representing Regency. The project will be developed in phases, with the outparcels coming before the big box store.

A dozen residents from Springwood Estates showed up to voice concerns about crime, traffic and noise.

The community of roughly 400 homes is north of Spring Hill Drive on either side of Spring Parkway, which runs north from Spring Hill Drive to Powell Road .

Residents are worried that Spring Park Way will see a jump in traffic as motorists from the north use the road to get to the new shopping center.

“Becoming a part of our community means protecting our children,” said Wayne Bennett, a Springwood resident.

Regency representatives met with neighbors last week and agreed to install three roundabouts along Spring Parkway to slow traffic there.

Because of an agreement between the county and the former property owner, Regency also must help pay for a traffic signal at Aerial Way and Spring Hill Drive . Aerial Way will serve as the main entrance to the center.

Construction is slated to begin this fall or winter, Johnston said.

Board chairman Anthony Palmieri voted against the request, objecting to putting a large shopping center on that part of Spring Hill Drive, which the Florida Department of Transportation has rated a D for its level of service.

Planning director Ron Pianta said county studies show the road is operating at levels higher than that. Pianta also pointed out that the developer will still have to make any improvements to the road deemed necessary by more traffic studies.

The request must now go before county commissioners.

In other action, the planning board:

— Approved a special exception permit for Duratec Corp. to build a concrete production and manufacturing facility on American Flyer Way in the Hernando County Airport

— Approved a rezoning request by Clearshot Holdings to allow for a communication tower at the southwest corner of Spring Hill Drive and Deering Avenue

— Approved a rezoning request by Anchors for Souls Ministries to allow for a day care and private school on the north side of Cortez Boulevard , just east of Lakewood Drive .

Reporter Tony Marrero can be contacted at 352-544-5286.

 

 

Year Looks Grim For Home Sales

By KATHLEEN M. HOWLEY, Bloomberg News

Published: July 10, 2007

U.S. home sales in 2007 will drop to their lowest level since the start of the five-year housing boom in 2001, as mortgage rates and foreclosures increase, according to a forecast by Freddie Mac.

Sales of new and previously owned homes probably will total 6.28 million, down 7.1 percent from last year, according to the world's second-largest mortgage buyer. It would be the lowest since 6.20 million homes were sold in 2001. Residential lending will drop to $2.75 trillion, the lowest since 2002, the McLean, Va.-based company said in Monday's forecast.

Buyers are finding it more difficult to finance purchases because of higher mortgage rates and stricter lending standards, Freddie Mac said. The average rate for a 30-year fixed rate home loan probably will be 6.7 percent this quarter, according to the forecast. That's the highest level so far this year, and it is half a percentage point above the 6.2 percent average in the first three months of the year.

'Several risks - the elevated levels of homes for sale, recent increases in mortgage rates, and rising foreclosures of subprime borrowers - point to continued weakness in the months ahead,' Freddie Mac's chief economist, Frank Nothaft, said in the forecast.

The number of previously owned homes on the market reached a record 4.43 million in May, according to the National Association of Realtors. Sales fell to 5.99 million at an annualized pace, the lowest in four years, the real estate trade group said in a June 25 report.

The share of all mortgages entering foreclosure rose to 0.58 percent in the first quarter, the highest in a survey that goes back to 1972, the Mortgage Bankers Association said June 14. Subprime loans entering foreclosure rose to a five-year high of 2.43 percent, up from 2 percent, and prime loans rose to a record 0.25 percent.

The average fixed rate was 6.63 percent last week, up almost half a percentage point from 6.15 percent in early May, according to data from Freddie Mac, whose larger rival is Washington-based Fannie Mae.

Home sales rose to a record 7.46 million in 2005 before dropping to 6.76 million last year, according to Freddie Mac. Demand will begin to rise next year, with about 6.39 million sales in 2008 and 6.63 million in 2009, the mortgage buyer said Monday.

Darby townhomes get P&Z approval

By MICHAEL D. BATES
mbates@hernandotoday.com


BROOKSVILLE — Planning and zoning commissioners Monday recommended approval of a two-story, 48-unit townhome complex proposed for Darby Lane in Brooksville.

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

Because the property straddles a 4.83-acre piece of property lodged in the county, the developer needed approval from the county before taking his request to the city, which has already indicated it has no problems with the project.

Planning commissioners supported their staffers’ recommendations that the project complies with all comprehensive plan regulations and that the property should be rezoned from agricultural to a planned development project allowing multi-family development.

But the board was concerned that the added traffic from the townhomes would be too much of a burden on Darby Lane .

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

Planning commissioner Bob DeWitt, who voted against the rezoning request, said he couldn’t support staffers’ recommendation because Darby Road — without being upgraded — could not handle the level of traffic congestion.

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

The project now goes before county commissioners for final approval. Then the developer will have to get the necessary permits from the city, which would have to amend its comprehensive plan and annex the property, on the south side of Darby Street near Candlelight Apartments.

This was Carpenter’s third hearing before the planning and zoning commission. The project has been delayed due to logistical concerns between the county and the city.

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

Think traffic is bad? Get used to it

By LLOYD DUNKELBERGER

H-T CAPITAL BUREAU

SARASOTA -- Stephanie Kopelousos has seen the future of Florida 's roads, and it is colored red.

The new head of Florida 's Department of Transportation has three charts showing the growth of road congestion on the state highway system, beginning in 2005 and ending in 2025. The jammed roads-- those where the service level drops below a standard -- are identified by red blotches.

By 2025, the red blotches have overwhelmed many of the state's major highways, including Interstate 4 between Tampa and Orlando , and Interstate 75 in Southwest Florida as well as between Wildwood and Gainesville . Most of the major highways in heavily populated Southeast Florida are red.

"We call these the bleeding charts," said Kopelousos.

The wave of congestion is coming even though Florida will spend $8 billion a year on its roadways, with about half of that paying for new highways.

Yet traffic is increasing at nearly four times the rate of road-building.

"Look at how bad it gets," Kopelousos said as the 2025 chart appeared during a presentation at the annual conference of Floridians for Better Transportation in Sarasota late last month. "We truly are not keeping up."

Among the nation's worst

A study from the University of North Carolina at Charlotte shows Florida has more congested major cities -- six -- than any state but California . Travel time in those cities -- including Sarasota-Bradenton, Miami , Orlando and Tampa -- during peak hours is at least 18 percent longer than during off-peak hours.

Only nine states have more crowded interstates, according to the study, which was financed by the Reason Foundation, a libertarian think tank based in Los Angeles .

And, most ominously, the study shows the future is no better. In Miami , where motorists already face peak-hour delays of 42 percent, their travel time delay will be significantly higher by 2030.

State transportation officials say Florida cannot build its way out of the problem. Right now, they project a $45 billion shortfall in road funds by 2030, attributable in part to the slow growth in state fuel taxes and the rapid growth in the state's population.

Kopelousos, a former congressional and gubernatorial aide, said part of her mission is to educate Floridians about the problem and offer some solutions.

"We're not going to stop growing," she said. "People are not going to stop visiting Florida , because it is a great place. But we have to look at the realities."

Kopelousos said those realities include getting the most "out of what we have," using more mass transit and the inevitability of "congestion pricing," which is likely to mean more toll roads or toll lanes on major highways.

"We're going to have to look at choice," she said. "There is a trade-off between time and money, and we're going to have to give Floridians the option."

The changes may be unsettling. But transportation experts say they may be necessary if Florida is to keep a healthy highway system.

Last modified: July 09. 2007 4:35AM

Arsenic-tainted wells: Just how bad is it?

Twelve Spring Lake wells have unsafe levels. One resident wants wider testing.

By DAN DEWITT
Published July 9, 2007

SPRING LAKE - Nobody disputes certain facts about arsenic, said Renee Holcomb, who lives on Batten Road in Spring Lake .

It is a toxic metal that can occur naturally in the soil. Farmers once sprayed it in orange groves to kill fungi and nematodes. Ranchers throughout Florida regularly filled 3, 400 "dipping vats" with arsenic solution to kill ticks on cattle.

"Arsenic is everywhere, " Holcomb said.

Though the state Department of Environmental Protection does not agree with this last statement, a recent round of testing has found 12 contaminated wells, many of them near the intersection of Batten and Powell roads.

These include Holcomb's well and one that serves live-in workers at Pleasant Valley Dairy on Powell, where the concentration of arsenic was more than 16 times the level the federal and state governments considers safe.

These levels are not high enough to make residents sick immediately, said Pamala Vasquez, DEP spokeswoman. They do, however, increase their long-term cancer risk, she said.

The DEP will continue to test surrounding wells until it is sure it knows the limits of the contamination, she said. The agency has installed filters for residents who depend on contaminated wells.

"Our No. 1 priority is to get folks a safe source of drinking water, " Vasquez said.

But Holcomb said the state has not moved fast enough to identify the risks or to ensure that residents have safe water.

The pollution in these wells also raises a broader problem, she said: The state does not take the threat of arsenic contamination seriously enough. It has no system in place to ensure that dangerous levels of the toxin are not present in private wells.

"Everybody should have their wells tested, " she said.

Cancer among risks

The previous owners of the Holcomb's house first suspected their well was contaminated in the 1980s, said a neighbor, Iduma Jones, 80.

"Every time their daughter came home from college, she would get sick, " Jones said.

Renee Holcomb and her husband, Jodi, knew this when they bought the house in 2001. A filter they installed removed slightly more than half the arsenic, Renee Holcomb said, putting the level just below 50 parts per billion.

That concentration was considered safe by the state, but not by the Holcombs. "We have not drunk the water since we moved in, " she said.

Because of mounting evidence that long-term exposure to arsenic causes cancer in humans, the standard was reduced to 10 parts per billion in January.

That prompted Holcomb to request a new test, which found 104 parts per billion of arsenic in her water. The county Health Department, which performs this work for DEP, found a similar level at a neighbor's well.

When DEP finds contaminated wells, it orders tests for surrounding wells in a widening radius until it reaches wells that are clear of pollutants - a process called "stepping out, " Vasquez said.

More tests in March and June led to the discovery of 10 more wells with unsafe arsenic readings, most of them within a mile of Holcomb's house and including a well on the dairy where the reading was 165 parts per billion.

This well serves seven or eight mobile homes occupied by dairy workers, Vasquez said, and the residents of only two of these homes have allowed the state to enter their homes to install filters. She said that the owner of the dairy, George Alvarez, told her that the workers drink bottled water. Alvarez did not return several calls requesting an interview.

Followup tests in June showed the levels in the worker' well had dropped to 37 parts per billion, Vasquez said.

Mark Singer of the Health Department, who takes the water samples, said he had found three contaminated wells near a known cattle vat close to the intersection of Hayman and Culbreath roads. He also tested three more wells in that area last month; all had levels below 10 parts per billion.

But recent findings of contaminated wells near Powell and Batten mean the testing will continue.

"We have found some interesting results that will push us out farther, " said Singer. "I'm not done yet."

DEP also wants Singer to help find the source of the pollution. So far, he hasn't even settled on a main theory.

"This is a completely baffling situation, " he said.

No testing required

One possible source is the old citrus grove at Powell and Batten road. Though Singer has not found evidence of a cattle dip vat near the intersection, he said he cannot rule one out as a source.

These vats typically were about 25 feet long and held between 1, 500 to 2, 000 gallons of arsenic solution that was pumped out and replaced annually, according to the Web Site of the University of Florida's Institute of Food and Agricultural Sciences.

The Health Department knows from records that ranchers dug 36 of them in Hernando County , but it has confirmed the location of only four, said Al Gray, the department's director of environmental health.

Despite the prevalence of arsenic, homeowners are not required to test their wells, he said. And though most wells are checked for bacteria after they are dug, arsenic testing is not standard.

"Private wells are basically unregulated and untested, " he said.

Though he did not endorse Holcomb's call for universal testing, "If you're in an area where there's some former agricultural use, there's a chance of finding arsenic."

But usually at low levels, Vasquez added.

Arsenic is a well-known poison that can cause death, nerve and brain damage, and reproductive problems, said Joe Sekerke, a toxicologist with the state Department of Health. But at levels 10 to 100 times as high as the levels that cause cancer.

Residents with the readings found in Hernando County are in no immediate danger, Vasquez said, adding that the procedure for informing residents, telling them when contamination shows a need to test their wells, is appropriate.

"What we've seen here is not any cause for a widespread alarm, " Vasquez said.

But Holcomb disagrees.

She said that one of her neighbors has reported the kind of symptoms that might come from exposure to high levels of arsenic: persistent numbness in her feet.

More importantly, she said, exposure to a chemical that can cause cancer is cause for alarm.

She showed statistics from the Natural Resources Defense Council, an environmental group, that place the risk of getting cancer from regularly drinking water with 10 parts per billion of arsenic at 1 in 500. When the level rises to 50 parts per billion, the risk climbs to 1 in 100, according to the council.

"I might not get numb feet from the levels here, but I can get cancer, " she said.

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

Fast Facts:

A primer

What is it? Arsenic, a toxic metal that can occur naturally, is odorless and tasteless.

Safe levels: The EPA has set the arsenic standard for drinking water at 10 parts per billion.

Health hazards: It has been linked to cancer of the vital organs, skin and nasal passages.

Symptoms of arsenic poisoning: Thickening and discoloration of the skin, stomach pain, nausea, vomiting, diarrhea, numbness in hands and feet, partial paralysis and blindness.

Source: Environmental Protection Agency

Record is mixed on Everglades fix

By A TIMES EDITORIAL
Published July 9, 2007

Restoring Florida 's Everglades was to be a major ecological achievement and a model of federal and state cooperation. But a report card on the project shows that Washington has lagged in providing money and the necessary leadership. These setbacks, while serious, are manageable, and should not detract from the progress being made or the merits of restoration itself.

The recent report by the Government Accountability Office is a useful barometer of a restoration plan that has decades more to go. The federal government and the state agreed in 2000 to a restoration strategy that was expected to take 40 years and cost $15-billion. But some of these projects, the GAO reported, are six years behind schedule. A third are in the planning stage or not under way, including those "most critical to the restoration's overall success." And while the federal-state deal calls for splitting the costs 50-50, Florida spent twice, or $4.8-billion, what Washington did from 1999 to 2006.

The Everglades plan is designed to repair South Florida 's ecosystem from 100 years' worth of engineering projects that diverted the area's natural water flow. Urban development and farming, which polluted the Everglades, were to be addressed under a plan that sought to balance restoration with South Florida 's water and flood control needs. The GAO found not only that projects were behind schedule, but also that estimates have shot up 28 percent, to at least $19.7-billion. And while costs have gone up, spending for critical ecological work already is nearly $1.2-billion short from the 1999-2006 period.

Florida should be proud for stepping up and providing hundreds of millions of dollars when Congress fell behind. Now Washington must do its part. The federal government needs to increase funding and bring stability to the appropriations process. That is key to cutting the backlog. So is better planning of the construction schedule. Many projects are linked, and one delay can have an accordion effect. As the GAO noted, in many cases agencies make decisions on scheduling "if and when funding becomes available." That's no way to manage such a massive undertaking, and it is the wrong message to send to the state.

Still, Congress and federal agencies can fix those mistakes, which do not rise to a level that discredits the restoration effort. The GAO and others point out that even early signs indicate important progress, such as with reducing pollution from agricultural runoff and with restoring a more natural water flow to the Kissimmee River, the headwater of the greater Everglades ecosystem.

Lawmakers both in Washington and Tallahassee should see this as a long-haul project with long-term benefit. As the GAO underscored: "The Everglades has been reduced to half its original size and the ecosystem continues to deteriorate, " mostly due to increased urbanization. Florida and the federal government need to continue undoing the damage that past and future growth pose to a complex and essential watershed.

Divers exploring uncharted caves at Weeki Wachee

By TONY MARRERO
lmarrero@hernandotoday.com


WEEKI WACHEE — The dry weather has helped unlock the door to a previously unexplored underworld beyond the mermaid’s stage.

Now, researchers could be on the verge of discovering the deepest underwater cave in the United States .

Cave divers are exploring, mapping and photographing the vast caverns at the source of the Weekiwachee River , dozens of feet below where the mermaids perform at Weeki Wachee Springs.

Last week, a diver hit a depth of nearly 400 feet before turning around. That would make the cave system the deepest in the United States , said Jeff Petersen, president of Karst Underwater Research, Inc., or KUR, and project manager for the Weeki Wachee endeavor.

“From a cave diver’s perspective, Weeki Wachee has always been considered one of the crown jewels,” Petersen said.

Experts have known for years the river’s source was an access point to a maze of some of the most awe-inspiring underwater caves in the world.

Usually, however, the force coming out of a doorway-sized split in the limestone about 145 feet below where the mermaids perform is simply too strong for a diver to access.

Water can rush from the opening at up to 250 cubic feet per second.

“It used to be that, as soon as you hit 40, 50 feet, you were hanging on for dear life,” Petersen said. “It’s like swimming into a fire hose.”

But the Weekiwachee spring head is at record low flow levels. One recent test showed water coming through at a rate of just 97 cubic feet per second.

Still, that’s enough force to make the entry a struggle, Petersen said. Once through the door, however, there is hardly any resistance at all because of the vast size of the cavern.

Petersen blames the low flow on a combination of development that pulls water from the aquifer and the recent drought.

“While it’s tragic in many ways, it’s kind of a bittersweet boon for us,” he said.

Divers cannot only access the cave system now, but also can bring in the necessary gear, including powerful lights and battery-operated “scooters” that can be used to propel them to distances of more than a mile.

Other technology is on the side of the explorers. Divers are using special “re-breathers” that allows them to recycle the air they’ve already used by removing the carbon dioxide. The gear is much smaller than the typical double-tank scuba gear, Petersen said.

The team has charted about 3,000 linear feet of cave. Petersen said the breathing equipment and scooters would allow divers to go roughly twice that distance.

The team also hopes for another achievement: Connecting with the so-called Twin Dees Spring and its network of caves about a mile south of Weeki Wachee Springs.

A KUR team explored and inserted guidelines in that network of caves back in 1995. It’s very possible that divers on the current project will come around a corner and see one of those lines, Petersen said.

“It’s just a matter of finding the right tunnel,” Petersen said.

Like the ‘ Lincoln Tunnel’

These tunnels are big.

Think “Lincoln Tunnel” big, Petersen said.

Of course, it’s difficult for divers to get a true sense of size because even with powerful lights, not much of the area can be illuminated at one time.

Scattered on the floor are boulders that have settled over eons. There also are rock formations that Petersen said resemble piles of “two-by-fours and broomsticks.”

It’s all covered in a brown layer of sediment and fossilized organic matter that he likened to Magic Shell chocolate coating.

One mind-boggling statistic: Divers who hit depths of nearly 400 feet must remain in the water for seven hours to safely decompress, Petersen said.

KUR is a nonprofit organization that relies mostly on a dedicated group of volunteers eager to go where no divers have gone before.

The group mapped about 5,000 feet of cave in Tampa ’s Sulfur Springs network. Closer to home, KUR explored areas underneath the Chassaho-witzka Wildlife Area.

Divers take still photos and videos of the caves they explore and also create maps. The data collected is free for the taking and has bolstered such resources as the Florida Geological Survey.

Divers get the thrill and conquest of uncharted territory and the pride in helping science take a step forward.

“It’s a win-win for everybody,” he said.

The team for the Weeki Wachee project is comprised of about 20 people, said Petersen, who is an accountant by day.

“We’re going to keep diving until the rain returns,” Peter-sen said.

The exploration is creating a buzz at Weeki Wachee Springs, said marketing director John Athanason. Current and past employees alike keep inquiring about the team’s progress.

He said park management is talking to Petersen about creating a short film about the project using KUR footage that could be played between mermaid shows.

“For so many years everyone has always wondered what was underneath us,” Athanason said. “It’s pretty exhilarating.”

Reporter Tony Marrero can be contacted at 352-544-5286.

Slimy goo may help resurrect ailing lake

BY RICH MCKAY

THE ASSOCIATED PRESS

LAKE APOPKA -- G. Thomas Bland reached into a trough of green goo and pulled out a slimy mat of algae.

It looked more like cartoon-monster hair than the key to saving Lake Apopka .

Bland and his Winter Park company, AquaFiber Technologies Co., are tackling the lake's infamous pollution, water with a history of defying the state's best efforts to clean it.

"It feels like wet cotton," he said, holding up the algae, which are the cleaning agent and byproduct in the burgeoning technology being developed by his company.

The process uses the voraciously hungry algae, combined with ozone bombardment, to turn polluted water into clean water.

It is not quite the Midas touch, but Bland said that when the system is up and running at full throttle, it can clean 10 million gallons a day.

The system has impressed the officials at the St. Johns River Water Management District, who along with Orange County environmental officials have been watching the progress of the practice site on Lake Apopka .

The agency charged with protecting our waterways and drinking water recently awarded AquaFiber a $2.5 million contract to help clean up Lake Jesup in Seminole County.

But there is a caveat on that deal. AquaFiber does not get a penny unless it shows positive results within one year of starting the Lake Jesup project, said Regina Morse, a St. Johns project manager overseeing that lake's restoration.

Bland and his company are willing to risk their investors' money for a payoff down the road. And Lake Apopka could be the beneficiary of their entrepreneurial risk-taking.

AquaFiber pumps the polluted, greenish water out of Lake Apopka into a tank, where it is zapped with ozone -- a three-molecule form of oxygen that tears apart microscopic organisms, including a form of algae that robs the water of oxygen. The process releases any nutrients locked inside them.

"Ever see a clay pigeon hit with a shotgun blast?" Bland asked. "Pah-SHHEW. It blows them apart."

The water is pumped into a 500-foot concrete trench where another form of algae has been seeded and grown. Those algae (called periphyton, which is natural to the lake) gobble up all the nutrients and bad elements.

"It's like a teenager," Bland said. "It's always hungry and never stops eating."

Within 24 hours, this small-scale demonstration site behind locked gates on Lake Apopka can turn between 100,000 and 300,000 gallons of pollution into clean, potable water.

Bland and his partner Kyle Jensen chose to set up their demonstration project (with the water district's blessings) on Lake Apopka about three years ago. They have been tweaking the technology and now want the world to see their results.

Raw sewage and fertilizer-laden water were dumped into the 30,000-acre lake for decades, eventually turning the fishing and boating magnet into the state's largest polluted lake.

"We're here because we decided that if we couldn't clean up the worst lake, then we should try something else and get out of the game," Bland said.

A lot of Central Florida bigwigs believe in the project, and its board of directors includes former Walt Disney World president Dick Nunis.

Last modified: July 08. 2007 12:00AM

 

County offers protection for endangered wildlife

By REGINALD ALCEUS
Hernando Today Correspondent

Hernando County
is home to an array of endangered or threatened animal and plant species.

As of June 28, the once threatened bald eagle, which makes its home in Florida as well as throughout the country, was taken off the endangered species after more than 40 years.

That announcement came last month from Secretary of the Interior Dirk Kempthorne in Washington D.C.

In spite of the eagle’s remarkable survival, there are still many local species still considered in danger of extinction.

According to the U.S. Fish and Wildlife Service’s record of federally listed species for Hernando County , there are presently 13 mammals, birds, fish, reptiles and plants that officially carry either a threatened or endangered status because of a loss of critical habitat.

Fortunately, wildlife parks and preserves provide acres of untouched environment to help in their recovery.

Among those nature parks are the Withlacoochee State Forest , Chassahowitzka National Wildlife Refuge, Chinsegut Hill National Wildlife Refuge, the Weeki Wachee Preserve, Weeki Wachee Springs and the PK Ranch. The series of reserved land and preserves is part of the Nature Coast , extending throughout nine counties along the Gulf of Mexico .

According to Chuck Under-wood, spokesman for the U.S. Fish and Wildlife Services in Jacksonville , a species classification as endangered or threatened is based on the biology of the animal itself and its ability to breed or adapt to its natural environment.

“Should a creature be particularly fragile to sudden changes such as a shortage to the food or species it hunts, destruction or land, or influence by pollution, it becomes that much more difficult for the species to rebound its numbers,” said Underwood.

“A species is removed from its classification only if the conditions accommodating their biological recovery improve,” he said. “Even afterwards, the U.S. Fish and Wildlife Service works with state wildlife agencies to monitor any recently declassified animal for a mandatory period of at least five years while reserving the right to reestablish protection rights if their numbers fall again.”

Though some local animal species — including the Florida Scrub-Jay, Gulf Sturgeon and the Eastern Indigo Snake — receive federal protection, other regional creatures are given only state protection as endangered or threatened. Those species include the American alligator, the Florida sandhill crane and the Florida black bear.

Another threatened species gaining notoriety is the gopher tortoise, which has seen its numbers plummet due to construction prompted by the state’s pay-to-pave program, which is scheduled to end by July 31.

Even single individuals can have a devastating effect on the environment where endangered species live, Underwood said.

Simple actions such as dumping oil into sewers, failing to recycle, careless use of pesticides or deliberate hunting or tampering of a critical habitat could not only affect endangered species, but influence other species years later.

According to the U.S. Fish and Wildlife Service, under the Endangered Species Act, offenses can warrant a penalty of $100,000 and/or a year in federal prison for every counted violation per afflicted creature, plus $25,000 for civil penalties. In addition, a misdemeanor fine of $500 and 60 days in jail can be applied under Florida law.

Various institutions and programs within Florida remain determined to protect both rare species and their frail habitats. They include Defenders of Wildlife, which has offices in St. Petersburg , and the Southwest Florida Water Management District, which has acquired several tracts of wetland for use in the preservation of threatened animals.

Henry Cabbage, spokesman for the Florida Fish and Wildlife Conservation Com-mission, said factors such as loss of habitat are among the greatest threat to endangered species.

He said Florida has the second highest number of endangered species in the country behind California .

The commission offers practices individuals can take to aid local listed species should they ever encounter on or near their homes.

“Don’t feed or encourage them to stay in populated areas,” said Cabbage. “If they associate people with food, it’s only a matter of time until it alters its natural behavior and becomes exposed to local pets and animals, oncoming traffic, or other things not normally associated with its natural habitat.”

The commission further recommends that scarce animals should be left alone and not relocated if found on local property. Cabbage said cats and dogs can have a particularly negative effect upon the recovery of local species. He encouraged owners to keep them away from locations they may know to contain dwelling creatures.

The commission currently lists 118 species as endangered, threatened or of special concern throughout the state. Other jeopardized creatures that reside within the county include the wood stork, red cockaded woodpecker, green sea turtle, leatherback sea turtle, Kemp’s ridley sea turtle, loggerhead sea turtle, Britton’s beargrass, the Brooksville bellflower, and Cooley’s water willow.

Individuals who have questions about local endangered species may call the Florida Fish and Wildlife Conservation Commission at 850-488-4676.

Reporter Reginald Alceus may be contacted at 352-613-2274.

If off the list, should manatees celebrate?
Officials consider 'threatened' label
By Eun Kyung Kim
DEMOCRAT WASHINGTON BUREAU

WASHINGTON - Now that bald eagles are off the endangered-species list, what's next?

Mermaids, perhaps.

Wildlife officials say the population of Florida manatees, those roly-poly creatures that led to the mermaid myths, has rebounded enough to remove them from the ''endangered'' list. They want to reclassify the puppy-eyed mammals as a ''threatened'' species, a move that wouldn't change the level of protection granted manatees or their habitat.

But environmentalists aren't preening the way they did when the bald eagle soared off both the endangered and threatened lists.

''The agencies charged to protect and recover manatees are literally lobbying to have the laws weakened so that they can give more relief to the boating community and to developers to allow things like more docks to be built,'' said Pat Rose, executive director of the Save the Manatee Club.

The government regards those claims as unfounded. But the argument mirrors a battle nearly as old as the Endangered Species Act itself, one of the most controversial laws on record since its 1973 passage.

The act was a frequent target by conservative Republicans after they seized the House in 1995. It survived repeated overhaul attempts, including one earlier this year by the Department of the Interior. The agency later scrapped that effort after backlash from environmentalists and Congress, which argued that changes should be made legislatively and not by regulation.

A more recent attempt to update the 34-year-old law has support from both Republicans and Democrats. A measure progressing in the House and Senate would provide $400 million in annual tax incentives for property owners who improve habitats for endangered or threatened plants and animals.

The Bush administration has been criticized for adding fewer species to the endangered-species list than any other administration since the law's enactment. But officials said the hundreds of species added during the Clinton administration resulted from court order.

The current administration has instead focused on recovery, said Interior Department spokesman Hugh Vickery.

''It isn't success to list species, it's success to get them delisted. Getting the species to improve is the goal of the act,'' he said.

He used as an example a hospital that took in 1,000 patients, but discharged only 10 after three decades.

''That's effectively what we've done with the Endangered Species Act. We have about 1,300 domestic species that are enlisted, and 10 to 20 of them have been delisted because of recovery,'' Vickery said.

Improving recovery efforts for manatee habitat has been a key goal for the U.S. Fish and Wildlife Service, although it's not sure how to go about doing that, a frustration to both environmentalists and boaters.

Boaters remain the biggest threat to manatees, despite the proliferation of reduced-speed zones throughout Florida . Watercraft killed 92 manatees in the state last year, just short of a record high, and caused more than 25 percent of all manatee deaths. As of May, 30 manatees have been killed this year.

The second-biggest danger to manatees is the impending shutdown of aging power plants. These facilities discharge warm water that manatees have grown to rely on during the winter, but new plants usually don't have a similar cooling system.

Current estimates place the manatee count at about 3,200, but the inability to accurately tally these half-ton animals has been a sore point for groups like Citizens for Florida's Water Ways, a boating-advocacy group founded to deal with manatees.

The group's executive director, Steven Webster, said manatees are an everyday sight for those living near the water. They often can be found by the docks, using barnacles to rub their teeth or their backs clean.

''Our position is that the manatee barely qualifies as threatened,'' he said. ''It probably is what we should call a state species of special concern. It shouldn't probably be on the federal list at all.''

The Florida chapter of the sport-fishing group Coastal Conservation Association petitioned the state in 2001 to review the manatee's status. Board member Jim Gray said both sides need to ''get the emotion out of the issue.''

Gray would like to see a definitive study that evaluates the effectiveness of slow-speed zones, or accommodations for technology like airboats, which don't use underwater propellers.

''We really want to be known as the organization of reason and sound science,'' he said. ''We don't want to be painted as the wild-eyed people who want to see the last manatee disappear, because that's not the case.''

For now, the U.S. Fish and Wildlife Service has yet to change the manatee classification, which would require a lengthy administrative process including public-review and comment periods.

Rose said his Save the Manatee group would fight any change, arguing that he has yet to see any plan that fixes problems such as boater-related manatee deaths.

But others said the fact that manatees have rebounded this far should be celebrated. Twenty years ago, people would have laughed if anyone suggested that the manatees could reach a level where they might be removed from the endangered-species list, said Chuck Underwood, a spokesman for the Jacksonville office of the U.S. Fish and Wildlife Service.

''Now, with the cooperation with local agencies, individual citizens, and the industry, that's a real possibility,'' he said. ''I wouldn't call it around the corner, but down the road I think there's a real possibility here.''

Population figures for area manatees remain murky
By Bruce Ritchie
DEMOCRAT STAFF WRITER

There may be fewer manatees on the Wakulla River , or they may just be spending more time in Wakulla Springs State Park .

The Florida Fish and Wildlife Conservation Commission says there are an estimated 30 to 50 manatees that use the St. Marks and Wakulla rivers.

Jacki Youngstrand says there seem to be fewer in the Wakulla River .

From her T-N-T Hide-a-way canoe rental on the river along U.S. Highway 98, Youngstrand said she's been seeing only about eight manatees a day compared with about 30 before three or four years ago.

"It really has been quite dramatic," she said. "More than half of the population we don't have anymore."

She said she's also hearing reports of more manatees on the nearby St. Marks and Ochlockonee rivers.

But state park manager Sandy Cook said there have been more manatees at Wakulla Springs since they were first recorded there in 1997.

Their numbers and frequency have increased, and they are now seen occasionally around the spring and swimming area and on boat tours, Cook said.

"It's kind of hit-and-miss," she said. "They don't see them every tour."

The state hasn't done an aerial count of manatees since the late 1980s because of limited funding and concerns about manatees in other parts of the state, said Kent Smith, a biological administrator in the Florida Fish and Wildlife Conservation Commission.

Where have all the bees gone? Blame people, not cellphones

By KEVIN BERGER
GUEST COLUMNIST

The buzz about the alarming disappearance of bees has been all about people food. Honeybees pollinate one-third of the fruits, nuts and vegetables that end up in our homey kitchen baskets. If the tireless apian workers didn't fly from one flower to the next, depositing pollen grains so that fruit trees can bloom, America could well be asking where its next meal would come from. Last fall, the nation's beekeepers watched in horror as more than a quarter of their 2.4 million colonies collapsed, killing billions of nature's little fertilizers.

But as a Salon round table discussion with bee experts revealed, the mass exodus of bees to the great hive in the sky forebodes a bigger story. The faltering dance between honeybees and trees is symptomatic of industrial disease. As the scientists outlined some of the biological agents behind "colony collapse disorder," and dismissed the ones that are not -- sorry, friends, the Rapture is out -- they sketched a picture of how we are forever altering the planet's delicate web of life.

The scientists: Jeffery Pettis, research leader of the USDA's honeybee lab, told us the current collapse is one of the worst ever. Eric Mussen, of the Honey Bee Research Facility at the University of California-Davis, maintained it may only be cyclical. Wayne Esaias, of the NASA Goddard Space Flight Center, an amateur beekeeper, outlined his compelling views about the impact of climate change on bees. John McDonald, a biologist, beekeeper and gentleman farmer in rural Pennsylvania , reminded us, if at times sardonically, of the poetry in agriculture.

First things first. The Internet, as you know, loves a rumor. Are cellphones killing the bees?

JEFFERY PETTIS: All the explanations that bees became disoriented by cellphone radiation, or this, that and the other thing -- there is zero evidence for any of it. All we know is we lost the worker population and they died away from the hive. What's unusual is they died over a short time period. Who knows where they are? They are just dying away from the hive, which is normal.

ERIC MUSSEN: It's important to look at what's normal. In the summer, bees go through a six-week life cycle: three inside the hive, three outside it as foragers. Then they die of old age. When bees are coming to the end of their life for whatever reason, they just fly off and don't come back. The question is, Why are we seeing bees with such a shortened life cycle? Well, now we're talking about winter bees. As you move into fall, the colony is supposed to be rearing bees that have a long life expectancy -- from about October to March of the next year. The problem is the winter bees aren't making it. Everything just sort of fell apart near the end of this summer and those bees that were supposed to live up to six months didn't come close.

One scientist has said solving the bees' disappearance is like "CSI" for agriculture. What's the latest word from the lab?

PETTIS: The latest word is we're working on a lot of different samples we've collected throughout the year. We're working under the idea that bees have suffered a one-two punch. The first is a primary stressor -- poor diet, mites, or low-level pesticide exposure. That puts them in a compromised or weak state, and then a secondary pathogen takes over. Because of how quickly the bees are dying, it seems most likely a pathogen would be involved. So we're looking for a secondary pathogen that might be unique or novel.

Are pesticides a major culprit?

MUSSEN: Perhaps 10 percent of commercial bee colonies in any given year are severely damaged or die on contact with agricultural pesticides. But there's no reason to believe the exposure is any different from any other year.

John, you wrote a pretty strong opinion piece that fingered Bt crops, which have been genetically modified to control insect pests. Based on your experiences as a beekeeper, how did you come to that conclusion?

JOHN McDONALD: My first collapse started last summer when a powerful colony, in a manner of a week, went downhill. The drone cone sort of cascaded down over the foundation like ice on a mountain. In another hive that was equally strong, the bees ended up lying dead on a mat that extended about six feet. That didn't happen with the other hives, which is indicative of agricultural poisoning. Also, the drones hung around until snowfall, which is unusual, indicating some kind of kind of behavioral dysfunction with the worker bees.

I did a little research and found two studies about the Bt phenomenon. When you look at the action of Bt gene proteins taken up in the gut of insects, including bees, you find an enzyme that gobbles its way through any protein there and affects the insects. And bees are known to forage on cornflowers to get pollen to rear their young brood. I'm not saying Bt is the sole cause of collapse, only that I would like to have it investigated.

Is there any evidence, Jeff or Eric, of Bt crops killing bees?

MUSSEN: When Bt crops were being used in the fields to control lepidopteron insects, or butterflies, there were a significant number of studies to try to determine whether incorporating Bt into the food of the adult bees, or the larvae, would hurt the bees. And the answer was no.

PETTIS: I contributed to a recent study where we directly fed the Bt toxin to whole bee colonies and could demonstrate no effects on them.

Can you tell us about your experiences with colony collapse, Wayne , and your studies to understand wider ecological causes?

WAYNE ESAIAS: Sure. I'm a small beekeeper. I have about 15 colonies and have experienced some loss. I realize there are many symptoms involved. Still, there are one or two I'm puzzled about. I keep records of when my bees collect pollen and nectar in my backyard. I weigh the hive and I have a time series that goes back to 1992. What I've seen over the course of that time is due to local warming: The pollen and nectar flow come almost a month earlier than they did in the 1970s. This is coincident with the urbanization of the D.C.-Baltimore area, causing temperatures to rise.

I'm also using data from NASA satellites to address how global warming or environmental change might be impacting our honeybee populations, and even the spread of the African honeybee. We see plants blooming at different times of the year, and that's why the nectar flows are so much earlier now. I need to underscore that I have no evidence that global warming is a key player in colony collapse disorder. But it might be a contributor, and changes like this might be upping the stress level of our bee populations. One new study suggested the collapse might be the result of a rare spore called Nosema ceranae.

MUSSEN: If you get enough Nosema ceranae, a colony will die. If you get enough viruses, the colony will die. If you get exposure to insecticides, the colony will die. So all these things we are looking at are capable of doing in a colony. There's no doubt about it. So could a true lack of food. Literally, you could starve the bees to death. What you're going to find is that in most cases there is not going to be one factor that did them in; it's going to be a combination. This is the perfect storm for honeybees.

Millions of bees in California alone are trucked around from town to town to be used as pollinators on farms. That's got to be awfully stressful on them, right?

MUSSEN: Yes, it's a stress. But commercial beekeepers have been moving substantial numbers of colonies on trucks for decades. I'm not convinced that they're being moved more, or that it beats them up any worse that it did 10 years ago. California beekeepers have told me that in a course of moving the colonies around in the back of the truck, they tend to lose 10 percent of the queens with each move. Some feel it's that high. But that doesn't mean that 10 percent of your bee colonies died; many of them will come back and you will still have a colony.

One researcher has said that the competition for food among the millions of bees used to pollinate almond trees in California could, essentially, be working them to death. Do you agree?

MUSSEN: Almond trees aren't the problem. It's what happens after the bees are done with the trees and are brought back to the holding yards. In late fall, there is basically no food -- after the almonds -- so the bees have to fend for themselves. Besides eucalyptus trees, there's a bunch of weeds that the bees can feed on. They don't get heavy and fat but they've got some food available.

PETTIS: Beekeepers are always looking for what they call "good pasture," places they can put the bees and not have to feed the bees themselves. Florida has an abundant and diverse set of floral plants, so the bees are not suffering. What's interesting is that there's a number of government control programs for invasive weeds. Beekeepers love invasive weeds. Most produce a lot of nectar for the bees. So there's been competition in some cities over getting rid of the noxious weeds and keeping them for beekeepers. But California is unusual in that beekeepers are doing what we are starting to call "feedlot beekeeping," where we are having to provide resources because there is just not enough food out there. And this is just to meet the almond-pollination demands.

MUSSEN: The real problem in California is that we've only had half a normal rainfall this year. So after the almonds, when the bees went out to find other things, there was barely anything there. What was really interesting was some of the bees looked like they were well on their way to establishing good colonies. They looked like they could live on the stored almonds they had picked up in the late summer and fall. But this time they collapsed. So that's the question: Why?

And what's your answer?

MUSSEN: I'm probably the strongest advocate in the United States suggesting that malnutrition was the underlying thing that set up our bees to be whacked by everything else researchers are looking at. Honeybees rely on pollen for protein, vitamins, fats and minerals. That's where their major "health food" comes from. If we are having a typical year, and the rains come, there aren't too many places in the United States where the bees cannot find their mix of pollens to meet their dietary needs and get them through a normal life cycle.

The question is, What happens when things don't go like that? Well, you get this blast of hot temperature, which is about the time the flower buds are forming and the pollen grains are beginning to form. What does that do? You get sterile pollen. A beekeeper could look into the hive and say, "I've got all kinds of pollen in there and the bees disappeared." Well, right, you've got pollen grains, but do they have any nutrition in them?

Anything that interferes with the availability of food, or the quality of the food, is going to be detrimental to the bees. They don't have much of an immune system, so the only way that they can resist being infected by a lot of things is when they have their innate resistance up, and the best resistance is when they're best fed. So my feeling is that their nutrition just wasn't what it was supposed to be, and they were susceptible when they should have been resistant. I think something happened at the end of last year in many places in the temperate climate around the world, not just here, and fouled up the bees' food supply. Unless somebody tells me differently, I'm blaming it on the weather.

ESAIAS: One of the things that I've noticed in my short little time series in my backyard is that I could pick out every El Niño and La Niña effect. These are normal. These short-term climate changes are normal, and our bee population and our natural pollinator population have seen them, and they can probably handle them. What is disturbing is the long-term trend.

Could the bees be dying because once they are sent out to do their work as pollinators on farms, they can't find their way back to their colonies? Sometimes it seems like there are more mini-malls in America than flowers, and maybe the bees can't navigate urban land patterns.

MUSSEN: Land patterns would be the least of their problems. When a honeybee transitions from an in-hive bee to an outside bee, it flies back and forth around the hive for a few minutes. Then it backs off and goes further away. In the process, it is taking a bunch of snapshots. That's how it's going to navigate from that time on -- through those snapshots. It's going to learn the roads, the trees, the houses, and the part of the hive with the entrance it uses. Bees use those landmarks to determine where they are and where they are going.

Can bees survive climate changes?

MUSSEN: I can tell you that beekeepers take their honeybees north to the upper Canadian border and all the way down to the equator. If they're warm, they cool themselves by evaporating water, and if they're cold, they heat themselves by sucking up a little bit of extra carbohydrate and rattling their muscles.

So they're great adapters?

MUSSEN: They're going to handle it. The honeybees are not the ones I'm concerned about. I think Wayne will back me up on this: Historians have said that thousands of years ago, there were some pretty nasty fluctuations in the Earth's weather. And through this period of time, we became and continue to be very good farmers. But for whatever reason, we are beginning to kind of move into a cycle where we are going to find more extremes than we used to have. The droughts may be hotter and longer, the storms and floods may be more severe. Things aren't going to be so nice in the future. But again, I think the honeybees are more likely to handle that as long as they've got some food available. But with some other pollinators, if they get knocked around too much by the weather, that's going to be really consequential.

Kevin Berger is the features editor at Salon. Research assistance by Jonathan Vanian. Originally published on Salon.com.

Religious expansion, land use raise issues
By Julian Pecquet
DEMOCRAT STAFF WRITER

The controversy over a synagogue's expansion plans has spread beyond Plantation Road and the Chabad Lubavitch to encompass all religious institutions that are considering accessory uses such as day-cares, gyms and dining halls.

Religious leaders say those uses are part of their mission to provide community services.

But some residents say that they're more like round-the-clock businesses, far removed from the traditional vision of religious facilities that are packed with people only once or twice a week. They're worried that these new, multi-use facilities will alter residential neighborhoods by increasing noise, light and traffic and will worsen neighbors' quality of life.

The "religious use is not a divisive factor," Wanda Arlo Pace, who lives in a neighborhood across Meridian Road from the Chabad, wrote in a recent letter to the Tallahassee Democrat. "The proposed ancillary (other) uses for a day-care, pre-school, overnight facility, fitness center, dining hall and student laundry facilities are divisive factors."

Now, with Tallahassee city commissioners expected to rule Wednesday on a rezoning request that would let the Chabad move forward with plans to build a 15,000-square-foot facility on its 2.1-acre lot, neighborhood activists are hoping local government leaders will take the opportunity to rethink land-use laws.

"We have rules that say religious buildings can go anywhere they want," said Don Axelrad, the immediate past president of the Tallahassee/Leon County Council of Neighborhood Associations. "The law is supportive of allowing this, but I think we should find some middle ground."

Some elected officials agree discussion is needed.

Tallahassee 's challenge is to better deal with the "broadening role of the church in today's society," City Commissioner Debbie Lightsey said. "A church today is not what we used to think of. We need to adapt better to a multitude of functions and activities now associated with religious uses."

The trend isn't all that new, however. First Baptist Church on College Avenue downtown, for example, has operated a Christian Life Center since 1974 that has a pool, a gym and a summer camp.

"It meets a need in the community," said Preston Odom, the church's minister of Christian life. "We believe the mind-body-spirit are all wrapped up in one."

Likewise, Rabbi Schneur Oirechman, the Chabad's director, conceived the Chabad's expansion as a way to reach out to the Jewish community, especially students at Florida State University .

But what's new is the religious facilities' move or expansion in established residential neighborhoods, said Wayne Tedder, the director of the Tallahassee-Leon County Planning Department. Recent examples include Killearn United Methodist Church , which has a day-care program, and the Taoist Tai Chi Society off Thomasville Road , which offers exercise classes.

Both were opposed by some neighbors.

That's a challenge because land-use planners can't differentiate between public community facilities and those attached to religious institutions. Tedder said the planners have started working with neighborhood organizations to come up with guidelines on how to build community facilities close to where people live while preserving quiet residential neighborhoods.

"What we have to do is educate the folks about what the rules are," he said. "Once they have a good understanding of the regulations, we can identify the problems that we can address versus those that we may not be able to. It's not an easy issue."

Tempers boil over in water debate

By STACEY SINGER

Palm Beach Post Staff Writer

Monday, July 09, 2007

WEST PALM BEACH Arguing that regular rainfall now makes drought restrictions meaningless, Palm Beach County Administrator Bob Weisman says he doesn't want his code officers to waste time enforcing once-a-week irrigation rules.

"There is no public benefit at all - none at all - to enforcing the rules in the coastal zone," Weisman said. "They're almost just for show."

Weisman is not alone in calling for the South Florida Water Management District to relax its extreme watering restrictions. The Seacoast Utility Authority, which serves 41,000 homes from Lake Park to Juno Beach , recently sent a protest letter to the district.

And on Sunday, West Palm Beach Mayor Lois Frankel called for a change. The lakes supplying her city's 150,000 customers are now at capacity, Frankel said.

"Hopefully people have learned to conserve, but our lake is full, and I don't think there is a need to continue the restrictions," Frankel said.

The district's governing board will have an opportunity to reconsider the restrictions at its Wednesday meeting, but district executives are hesitant to lift the rules.

While canals and wells along the coast have recovered from spring's historic drought, new modeling suggests there's only a 10 percent chance that Lake Okeechobee will hold adequate water at the end of this wet season, Deputy Executive Director Chip Merriam said. Because the lake is a backup water source for several utilities and the Everglades , it's likely the extreme restrictions will be critical during next winter's dry season.

"We don't want to get into this habit of 'you're in restrictions, you're out of restrictions; you're in restrictions, you're out of restrictions,''" Merriam said. "We're making sure the resource is there to provide for peoples' needs."

Weisman oversees the Palm Beach County Water Utilities Department, which serves 475,000 people. His unusually harsh words put him at odds with Merriam, who called his attitude "unfortunate."

"I guess I don't quite understand the testiness, since what we're doing is managing a much bigger system than just their well field," Merriam said.

It's the latest flare-up between the two agencies most responsible for managing growth and development in Palm Beach County . While the county controls land use, density and zoning, the district controls the water resources.

The district's tough Phase 3 watering restrictions have been in effect for nearly three months in Palm Beach and Broward counties. Phase 3 limits lawn watering to once a week.

Winter rainfall was half of normal levels, causing an already lowered Lake Okeechobee to reach new record lows. Canals dried, groundwater shrank and the danger of saltwater intrusion into coastal wells grew. The Treasure Coast draws from a different aquifer, so it was put under Phase 2 watering restrictions, which allow twice-weekly watering.

But since last month rainfall has been normal. Weisman accused the district of prolonging the watering restrictions to stoke an anti-development mood among the public.

"I think a lot of things are being done for perception - control development, and all that," Weisman said. "I think some people get some satisfaction out of that."

A series of development efforts have been thwarted by opposition from the public and government regulators in recent months, from 10,000 homes that will not rise at Callery-Judge Grove to the 1,500 condos, time shares and hotel rooms contemplated in Briny Breezes.

The water district insists it has little power over development beyond imposing conditions on the water permits it issues. In February it imposed the ultimate condition, requiring that all new development draw from costlier alternative water supplies, such as the salty, deep Floridan aquifer or recycled wastewater. Merriam helped write the regional water-availability rule, which was years in the making.

That rule is now at the heart of a fractious and costly dispute between the county and the district. At issue is how to irrigate the county's partly constructed 27-hole golf course at South County Regional Park next to the Everglades .

Merriam has taken the position that the county must use alternative water on the golf course or a nearby property.

The golf course's remoteness means the requirement would add $7 million to $16 million to a project that's already over budget and nearly two years behind schedule.

The county forged ahead with construction, even though it consistently had trouble obtaining the permit. More than $40 million in taxpayer money has been committed to the project, and its future is now uncertain.

The county has a nearly complete golf course, amphitheater and festival area, but no grass, no trees and no landscaping. New state-imposed budget restrictions make additional millions for irrigation out of the question.

Weisman is not happy.

"One of the questions we've discussed was: Should we have been entitled to this permit, given that we applied for it two years ago?" Weisman said. "There's a fairness issue."

Weisman thinks it's also unfair to ask coastal residents to continue following once-a-week watering when it does nothing to help the lake.

"If you did end up with a five-day period where it didn't rain, that damages people for no reason," Weisman said. "Why have that?"

Finger pointing in ‘who’s not talking’

Bocanews By John Johnston

News Analysis 

Boca Raton based Ocean Land Developments, Inc. wants to buy a 43- acre trailer park called Briny Breezes, pay $510 million for it, and over 10-15 years redevelop it into a residential and commercial property, about 12 miles north of Boca Raton.

Ocean Land says it’s a wonderful development.

Opponents call the plan horrendous.

And the Florida Department of Community Affairs (DCA) has wasted little time in leveling a multi-layered, 14 page analysis of the proposal.

It isn’t pretty.

Nonetheless, “the entire management team felt it was largely as expected,” Ocean Land Investments VP Logan Pierson told the Boca Raton News, adding:

“And we’re going to be able to address the recommendations.”

The DCA View


In sum, the DCA analysis says the plan proposes too many units and overall is a development not consistent with the surrounding communities.

“What we’ve said all along,” Ocean Ridge Mayor Ken Kaleel told the Boca Raton News.

The DCA analysis, and signed by Mike McDaniel, chief of DCA’s Office of Comprehensive Planning, specifically identified the following “issues of concern” in a report directed to Briny Breezes Mayor Roger Bennett:

• The absence of public participation procedures.

• The absence of a concurrency management system.

• Inadequate density and intensity standards for the proposed land uses.

• Lack of data and analysis regarding the impact on public facilities and roads.

• Inadequate provisions for affordable housing.

• Lack of level of service standards for public facilities.

• Inadequate provisions to protect manatees.

• Inadequate data and analysis related to hurricane evacuation and planning issues.

• Inadequate mechanisms to ensure intergovernmental coordination.

• The lack of a financially feasible five-year schedule of capital improvements.

Kaleel “Validated”


“This validates our concerns,” Ocean Ridge Mayor Kaleel said, noting that, “on the first two pages it says there’s an incompatibility with the surrounding community.”

Boom.  There it is.  Smack dab.  Right up front,” said Kaleel.

Another DCA objection is the plan’s proposal to “develop land use regulations later on,” said Kaleel. The DCA says those regulations should be part of the plan submission.  Kaleel suggested that DCA see the same “fox and chicken coop” problem he has noted previously.

Kaleel’s concern is that Briny Breezes’ governmental body --- the group that endorsed the first plan submission to DCA, and then will now work with Ocean Land to modify that plan – “is like the fox guarding the chicken coop.”

“They’ve already scheduled four meeting, but are holding them in-house, without coordination or dialogue with the surrounding communities.”

Kaleel’s point is that Briny’s governmental body is composed of the same persons who stand to become millionaires if Briny is developed.  As such, he cautions, what’s best for both Briny and the surrounding communities might be blinding those persons to what otherwise, and objectively might cause the group to see it differently.

“Every single agency across the state has said the same thing,” Kaleel said. “This development is wrong in its entire scope.”  And it’s the self-interest of otherwise becoming millionaires that perhaps has caused Briny’s government to see it otherwise, and to endorse Ocean Land ’s plan, says Kallel.

“Personally”


Ocean Land VP Logan Pierson shakes his head – the sort of shake that says he’s resigned to hearing skewed facts “because all they (Kaleel and other opponents) want to say is no.”

He’s particularly upset that Kaleel says Ocean Land has ignored surrounding community input.

“The number one issue is compatibility,” Pierson agrees “and it’s certainly something we want to address.”

But Pierson adamantly disagrees with Kallel that Ocean Land has turned a cold shoulder to dialogue.

“We have invited and have a standing offer to come visit us.  We want to hear what they want,” he said, “but to date no one has come.”

“I have personally asked Tom Evans,” Pierson continued, voice rising, “and I have personally asked Mayor Kallel and I have personally asked (Town of Gulfstream ) Mayor (William F.) Koch, (Jr.,) and not one person has taken me up on that offer.”

“If they were really looking for solutions, they would have already met with us,” said Pierson, “but to date, there’s a small group not interested in dialogue, and their position is no.”

Who Pays?


One person who definitely says “no,” is Tom Evans.

Evans, president of the Florida Coalition for Preservation, told The Boca Raton News:

"Every objective analysis by governmental entities and others has been highly critical of the plan, except those financially linked to the developer. We believe the initial proposal was so grossly out of bounds that even with a vastly reduced proposal, the developer's plan will not resolve the inherent risks to the environment or strains on the local infrastructure."

A group with specific concerns is Delray Beach based Safety As Floridians Expect (SAFE).  According to SAFE President Jim Smith, SAFE is concerned about “the bottle-neck traffic congestion that will occur at the Woolbright/SR A1A intersection during peak hour.”

“That congestion will occur as traffic from Briny Breezes travels north and makes a left hand turn onto the bridge at Woolbright. SAFE estimates that 75 person of outgoing Briny Breezes traffic trips will take this route,” Smith said.
 
However, Smith adds, “there's no right-of-way to be able to put in adequate turn lanes on SR A1A. The only way to obtain sufficient, additional R/W is to buy two houses on the corner of the intersection.”
 
“Who will pay for that?” Smith queries.

“Also,” he continues, and although the comp plan provides for left and right turns for entering and exiting the proposed redevelopment, there are no plans for a traffic signal, a pedestrian crossing and a pedestrian signal. If a traffic and pedestrian signal is not provided, SAFE believes that needless crashes will occur.
 
“Who will pay for that?” Smith asks again -- and then answers his own question.

“The answer to both questions is that the developer should plan for, and pay for, both these needed infrastructure requirements as part of the construction plan.”

Biding Her Time


Quietly biding her time through all of the posturing by both sides is Briny Breezes resident Diedre Fischer.  Fischer originally told the Boca Raton News:

“There is no deal yet and no firm plans have been laid out or approved. The acrimony my Briny neighbors and I have received…..has been based on speculation and fear, not facts. Please, let us see the plan and respond to facts with facts rather than continue with the bitter name-calling.”

Following the highly negative DCA report, she now says the report
“confirms my faith in the procedures and the officials elected to apply them. When the vote for the sale occurred, I decided to have faith that the developers would not be permitted to build something that was inconsistent with the area and its ability to support a redesigned community. I still have faith in that process and those decision-makers.”

Sums It Up


And what does District 4, and Briny Breezes County Commisioner Mary McCarty have to say?

McCarty told the Boca Raton News several weeks ago that “DCA is a very important agency in this controversy. Hopefully they will support a sensible plan and not the insanity proposed.”

McCarty’s concerns about Briny Breezes have been growing, primarily the number of proposed development units, vis a vis the road systems; available water and general neighborhood impact of such a major development.

Of the water issue itself, McCarty said in June: “Briny does not have the water for increased consumption and they’re going to have a hard time getting it.”

Her response to the DCA analysis?

“DCA succinctly summed it up,” she said.

The Vote


The Briny Breeze “community” has been around in one form or another since the 1920’s -- was bought out by residents in 1958 and was incorporated as a municipality in 1963 – out of which grew a formula that each property owner had so many “shares” in the community, according to the size and location of each lot.

The $510 million deal inked by the community’s board of directors in 2006 required that 2/3rds of the total shares (15,703) had to say “yes” for the deal to go forward.

When the counting was done, some 79.95 percent of the voting shares had said yes, with 17.13 percent saying no, and 2.9 percent not voting.

John Johnston can be reached at 561-549-0833, or at jjohnston@bocanews.com

 

State wants to extend park pipe

By JASON SCHULTZ

Palm Beach Post Staff Writer

Monday, July 09, 2007

A proposal to run water lines deeper into Jonathan Dickinson State Park south of Hobe Sound has environmentalists feeling antsy.

"I'm not sure what the purpose of this is," said Martin County Conservation Alliance Chairwoman Donna Melzer. "The whole point is that Jonathan Dickinson is sort of a wilderness area."

The state Park Service will ask county commissioners Tuesday for permission to run water lines north from Tequesta up U.S. 1 to the Pine Grove Campground, near the park's entrance.

The campground is being renovated to repair hurricane damage, said Paul Rice, assistant bureau chief for District 5 of the Park Service.

"We feel it's time to bring it up to a central system instead of a septic system," said Rice, adding that a central water and sewer system would be better for the environmentally sensitive land and streams in the park than septic systems, which can leak.

The water lines would be coming from Jupiter, which provides water service to the Tequesta area, Rice said. He did not know how much the lines would cost but said the entire renovation project will cost $1.8 million.

The park is outside of the urban service district, which normally limits where water and sewer lines are allowed.

In Martin County , where growth issues are always debated hotly, any proposal to extend water lines renews concerns about urban sprawl.

The county's growth management department has recommended extending water lines to the entire park, but Rice said the Park Service is interested in lines only to the campground at the moment.

In 2004, commissioners voted 5-0 to extend water service to the Boy Scout and Girl Scout camps, an environmental education center and other buildings on the on the southwestern section of the park.

Environmentalists expressed concerns at the time that extending water service could spur residential development around the park.

Melzer said she thinks the new proposal has the same dangers and would strengthen arguments developers around the park could make later for having water lines extended to them.

"The park has in fact been part of the buffer," Melzer said. "If they want to extend it up U.S. 1, I would object to that."

Rice said he did not think it would be feasible to run the water lines through the park from the campgrounds that get service now, so the lines would have to come up U.S. 1.

"It would be a long way back to the river side" where the water lines are now, Rice said.

Commissioner Sarah Heard said she also is worried about the possibility of sprawling development around the park and is not sure whether she is going to vote for this extension as she did in 2004.

"We were very careful in how we did it last time," Heard said. "I don't know what this is or where it is or anything about it."

County Planner Clyde Dulin said the 2004 amendment that allowed water into the park was written to prohibit any other developers from tapping into those lines or using it as justification to get their own water lines.

Any new extension law probably would be written with the same prohibitions, Dulin said.

Commissioner Lee Weberman, who represents the Hobe Sound area that includes the park, said he strongly supports extending the lines.

Weberman suggested that commissioners should expand the urban service boundary to include the entire park so it could get water service throughout the park.

"It's a no-brainer," Weberman said of the request to extend the water lines. "I've never believed that public facilities should be treated like private ones."

Preserving land: Collier voters supported conservation, but tax cut looms

By Eric Staats

Saturday, July 7, 2007

Collier County ’s pot of money for land preservation is expected to shrink next year in the wake of Florida property tax reform legislation.

The legislation mandates a property tax cut that could reduce the coffers for Conservation Collier by as much as $2.35 million, the county’s bu