A bigger Umatilla is closer to reality

The city gives initial approval to Country Lakes , a project with more than 500 homes.

Adrian G. Uribarri

Sentinel Staff Writer

July 19, 2007

UMATILLA

The largest residential development ever proposed for this city of about 2,650 moved one vote closer to approval Tuesday.

The City Council voted 4-0 to allow the proposed Country Lakes property to be rezoned, annexed into Umatilla and used to build new homes. One council member was absent. A second vote for final approval is scheduled Aug. 7.


The development's 537 or more houses, spread across 317 acres, could expand this city's population by more than half during the next seven to 10 years.


The homes, about a mile east of State Road 19 along County Road 450A, are tentatively priced up to $455,000 and mark a potential shift from modest, rural properties to the kind of town homes common in larger, suburban cities.

"It will be a change," Councilman Ralph Cadwell Sr. said. "We have some nice homes in town, but I don't think any to really compare with these."

The council's green light reflects Umatilla's growth as some residents worry about unyielding expansion.

About 25 years ago, this was a citrus town where laborers depended on employers for housing. Now, the citrus plant just outside the city's south edge is a smaller part of the area's overall commerce.

The tension between old and new was palpable during Tuesday's council meeting. Residents loudly questioned why more than 40 people, some standing, were packed into City Council chambers. During most meetings, there are empty chairs.

Charles Calhoun was born more than 74 years ago in his grandfather's house on Central Avenue . He was a citrus grower and manager until the 1985 and 1986 freezes wiped out many Central Florida groves.

Calhoun said Umatilla's property-tax rate, Lake County 's highest, shows that residential growth has a cost and that it spills over into the whole city.

"I think it's too much to bite off at one time," he said. "And I don't think they'll get the taxes they want off of it. Industrial, commercial and agricultural developments might pay for themselves, but we'll never catch up to residential."

The developer, Bay Pointe Homes LLC, is allowed a maximum of 632 units on the property, and a homeowners association will pay for some services, such as road improvements.

Jeffrey Braley, the development's manager, said Country Lakes will fairly benefit from city resources.

"I think it's mutual, and it has to be that way. You can't be a parasite of the government," he said.

"They can get the added tax revenue, and we can get a nice community to build in."

City Manager Glenn Irby said the developer will balance impacts by paying fees for water and sewer services, installing traffic signals if needed, and running its own utilities.

"They're paying their way," he said.

Irby added that a planned unit development, a regulatory tool used to build large communities, allows city officials to direct some aspects of a development's design.

"We intend to ride rein over the developer," he said. "We're not going to let Umatilla lose its small-town feel."

Adrian G. Uribarri can be reached at auribarri@orlandosentinel.com or 352-742-5926.

 

A lawn care dilemma in East Manatee

By CHRISTINA E. SANCHEZ

christina.
sanchez@heraldtribune.com

Despite his best efforts to care for his lawn, and some recent rains, Kurt Harriman's grass is brown and crunchy.

The resident of the River Club in East Manatee pays for professional lawn maintenance and landscaping. He waters the grass once a week as allowed under regional water-use restrictions.

Until watering limits are lifted, or the drought subsides, Harriman says he will follow the rules.

Harriman's adherence to the rules has gotten him into trouble with his homeowners association. In his case, River Club has its own set of standards and guidelines that, despite any local watering limits, do not allow for brown lawns or dead grass.

The association sent Harriman a letter last week saying that during a recent routine association inspection of the community, his lot was cited for "the poor condition of your lawn."

"I was surprised and not happy that they didn't have a little more understanding," said Harriman, who has lived in his Firethorn Place home for five years. "If people use some sense, some discretion, we can get through this drought."

His lawn care professionals assure him that once the drought subsides, his lawn will return to normal.

But until that happens, homeowners are forced to perform a balancing act during the drought, one of the worst in several years.

As Southwest Florida 's drought lingers, homeowners are struggling to keep lawns plush and green under homeowners association standards, or risk fines that can top $1,000.

At the same time, residents must abide by county or city water restrictions, a violation of which can mean a $100 citation.

"The private property owner is caught between dueling goals of the local government and their community associations," Harriman said in an e-mail.

The Southwest Florida Water Management District, which oversees water use in Manatee, Sarasota and Charlotte counties, imposed a once-a-week watering rule in January. The restriction was set to be lifted July 31.

But the restriction is likely to be extended even if afternoon showers become more regular, said Robyn Hanke, communications manager for the water district.

"We are way below the June and July average for rainfall," she said. "Stream flows, lake levels, all those indicators are showing we are not rebounding. Things continue to get worse."

Hanke urged people who get association complaint letters about brown or dried-up lawns to notify the water district's demand management division. A hot line allows property owners to ask questions or report violation letters.

She said a reminder notice would be sent to the River Club association about the water restrictions. Enforcement of the rules falls under the jurisdiction of counties and cities.

In Harriman's case, George Kuhlman, chair of the River Club review and violations committee, said some residents who got letters read too much into the letters. His board does not intend to issue any fines.

"It was kind of a heads-up thing, and no action is going to be taken," Kuhlman said. "We know as well as everyone that the drought is tough to deal with."

Since receiving resident reaction to the letters, the committee has decided to suspend sending out letters until after the water-use restrictions end.

Kuhlman said his committee, which canvasses the neighborhood for routine inspections, was more concerned about chinch bugs, insects that feed on and can kill grass.

In Sarasota County , the Deer Creek Community Association is sending out letters -- but not for brown lawns. Instead, they are warning neighbors who water too much or on the wrong day.

Howard Pascoe, president of Deer Creek's board, said the association's monthly newsletter listed the regulations and also gave tips to conserve water, such as taking shorter showers or turning off the water while brushing teeth.

"So far, everyone seems to be adhering," Pascoe said.

His association has not reported any violations to the county. It uses the neighborly approach first by sending out the letters to give residents a chance to follow the rules.

But neighbors may not be so kind.

"I heard of one instance where a neighbor reported another neighbor for overwatering," Pascoe said.

Perry LaBoone, another River Club resident, also received a letter about grass. He said the violation notice makes people feel like they have to cheat the system to keep their lawns green to meet community standards.

"My lawn is pretty bad," he said. "The associations should be more understanding."

Fines for polluters on the rise
By Aaron Deslatte
FLORIDA CAPITAL BUREAU

Florida 's top environmental official announced Wednesday the state was increasing fines for the most severe pollution offenses.

Environmental Protection Secretary Michael Sole made the announcement at an environmental permitting conference in Marco Island put on by the Florida Chamber of Commerce.

“I want to change the idea that 'penalties are a cost of doing business' by emphasizing the agency's tough stance against violators,” he told a crowd of state workers, lobbyists and business groups.

The state handles about 1,300 pollution cases a year, most of which end up in fines of less than $10,000.

But the maximum fines for illegal treatment, storage and release of hazardous waste would double to $50,000 under the new guidelines taking effect. Fines for releasing hazardous substances would increase from a maximum of $10,000 to $25,000 per day.

The state would also be able to boost the fines in cases where polluters saved more money than they would otherwise pay in fines by illegally dumping.

DEP spokeswoman Sarah Williams said Sole had made the decision to raise fines because they weren't serving as a deterrent and businesses were including them in their development costs.

“He's been here for over 15 years and just noticed that there were updates needed,” Williams said. “He wanted to let them know personally that he does take seriously our environmental laws.”

At meeting on water sources, many eyes on the Ocklawaha
Twenty-five Central Florida utilities sign on to fund study on tapping river.

BY FRED HIERS
STAR-BANNER

ORLANDO - Almost 40 thirsty utilities from Central Florida met in Orlando on Wednesday with state water agencies to decide on future water sources and how to divvy up the supply.

And on top of their list of what to siphon was the Ocklawaha River in Marion County .

The meeting was the latest in a series which began about two years ago to allow the St. Johns Water Management District, other regional state water agencies and Central Florida utilities to consider various water sources, other than groundwater, they will need to satisfy their growing populations.

While the St. Johns water district and utilities considered potential water extraction plans hypothetical until Wednesday, the water agency's consultant Jerry Salsano said, "This is the very first step in going beyond the concept point."

The state's search for alternative water sources became more intense last year when the St. Johns River, South Florida and Southwest Florida water management districts decided water allocation levels would not increase after 2013 for municipalities making up the Central Florida Coordination Area, which includes areas of Brevard County, southern Lake County and all of Polk, Orange, Osceola and Seminole counties.

And while Marion County isn't included on the list, its above-ground water is fair game. Only groundwater sources enjoy protections under Florida 's local sources first laws.

Wednesday at the Orlando Utilities Commission, utilities considered various water plans including water plants along the St. Johns River in Seminole County , desalination plants in Flagler County and withdrawing water at the lower Ocklawaha River to serve Orange and Lake counties.

Of the 38 utilities at the meeting, 25 signed up to help pay to study the feasibility of dipping into the Ocklawaha River at State Road 40. Signing to help pay for the study signals their interest in wanting some of the river's water when it gets to the withdrawal stage.

"Eventually it's going to get tapped," said Troy Kuphal, Marion County 's water resources manager, who was also at the Orlando meeting.

The only question now is who will tap the river, which gets much of its water from the Silver River . About 900 million gallons per day flow down the river when there are no droughts.

The St. Johns water district is now studying the river's minimal flow level. That is the point at which the river's environment and wildlife would be damaged if flows were lower. The water agency is doing the same for the Withlacoochee River , where another water plant is being considered, although outside Marion County . The results of both studies are due in 2009.

Bill Dunn, a St. Johns water district consultant, said at the Orlando meeting he estimated utilities could safely withdraw as much as 108 million gallons per day from the Ocklawaha without harm to the river.

But Kuphal said when the 2009 study is completed, state officials will conclude that far less water will be available because Marion County 's water use in the area would probably decrease the river's flows.

Ray Sharp, Leesburg's public works director, was one of the municipal representatives signing up to help look at the Ocklawaha as his next water source.

Leesburg's public works has about 50,000 customers and is affected by the water districts' 2013 groundwater pumping deadline.

"What we know is that the water beneath us can't sustain our growing population," Sharp said. "Three years ago we determined we didn't have an additional water supply in Lake County ."

So Leesburg's only alternative was to stretch its water by conservation and looking beyond its borders.

That led them, like other utilities, to the Ocklawaha.

"It's a very high quality water," he said during a break in the meeting. "There's minimal treatment cost for it. It really is the aquifer."

The estimated cost of withdrawal and transporting the river's water south is $462 million.

And instead of fighting with Marion County over the water and the cost of withdrawal, Sharp suggests cooperation.

"That way no one gets hammered really bad," he said.

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

Developer Wants Site Annexed

By CHRISTIAN M. WADE The Tampa Tribune

Published: Jul 19, 2007

NEW PORT RICHEY - A Virginia-based developer wants the city to annex a dilapidated mobile home park so he can redevelop it as a retail complex.

Patrick Vurne, president of Chadsworth Homes Inc., said he is discussing a proposal with city officials to annex the Inland Mobile Home Park from the county.

The park, on the northwest corner of Massachusetts Avenue and Congress Street , has about 20 residents who rent single- and double-wide homes from the property owners.

Vurne said he wants to redevelop the property into a mixed-use retail, office or storage facility. To do that, the land will have to be rezoned from residential to commercial.

"It's a great location," he said. "Hopefully, we can do something good with it."

Eventually, he said, the park's residents would be forced to move.

County property records show that Vurne's development business bought the 2.42-acre park and several homes on the property in 2005 for about $700,000.

City Planner Lisa Fierce said the developer's proposal is being considered by the city's Development Review Committee and ultimately would require city council approval to proceed.

"We're discussing possible uses for the site but nothing has been approved," she said.

In the past two years, a surge of development-driven annexations, ranging from half an acre to 30 acres, has changed the geography of Pasco 's most populous municipality.

Under state regulations, property annexed from a county to a city must be compact, contiguous to the surrounding city land and serve an urban development purpose.

In most cases, annexations are requested by developers who are building or plan to build housing or retail. For them, the annexations mean more access to sewer systems; better drinking water; and municipal fire and police services.

By adding upscale developments to the city, officials hope to generate more property tax proceeds, which help pay for municipal services such as fire and police.

However, it doesn't always work out that way.

Skyrocketing construction costs and a market slowdown have forced developers to scrap high-profile housing projects on land that was added to the city.

Early in 2006, New Port Richey annexed 30 undeveloped acres in Gulf Harbors as part of a deal with Ryland Homes, which planned to build a gated community with 500 condos there.

Several months later, Ryland scrapped the much-touted project and put the land on the market for $12.5 million, leaving the future of the housing development uncertain.

In August, a St. Petersburg developer nixed plans to build 62 town houses on the former site of a mobile home park off Green Key Road . The property had been annexed into the city a few months before. The park's residents, many of them elderly, were forced to move.

Vurne said he originally had considered a condo or town home project but decided that the region's sluggish housing market conditions wouldn't support it.

Charles Watson, a Vietnam veteran who moved in to a double-wide home in Intown with his wife and two children about 15 years ago, has lived there longer than most anyone else.

He doubts residents, most of them renters, will fight eviction notices when they come.

"It's progress," he said. "It'll be a hardship on us, sure, but there's nothing we can do."

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

State Farm will drop at least 50,000 coastal customers

By Randy Diamond

Palm Beach Post Staff Writer

Thursday, July 19, 2007

The State Farm Florida Insurance Co. announced Thursday it will non-renew 50,000 coastal customers as part of a plan to reduce its overall hurricane exposure in the state.

Officials with Florida 's second largest insurer said they also will cancel the wind coverage of other additional coastal Florida homeowners insurance customers but did not release numbers for the second group. Those customers live in designated Florida wind pools areas and have two homeowner policies, one for the wind risk, and another covering fire and theft. Areas east of Interstate 95 in Palm Beach , St. Lucie, and Broward counties are considered part of the wind pool.

 

State Farm officials said they did know how many wind customers would lose their coverage.

Under new State Farm underwriting guidelines, the company says it will non-renew policyholders within two miles of the Atlantic Ocean or the Gulf of Mexico . However, in some areas, policyholders up to five miles from the coast will not be renewed, said State Farm spokesman Chris Neal.

Neal said he did not know how many South Florida policyholders would be affected by the changes.

He said the non-renewals would begin in January.

"We're choosing to reduce our hurricane exposure in our most vulnerable coastal areas," said Neal. He said the move today had been under discussion for several years by management at State Farm.

Other large insurers currently involved in non-renewal programs include Allstate and Nationwide.

Because of the sheer number of policies involved, State Farm's action is expected to further destabilize Florida 's troubled property insurance marketplace. The insurer has about a million policyholders in Florida .

State Farm's decision will likely result in an additional policyholders for state-sponsored Citizens Property Insurance Corp. Citizens is Florida 's largest insurer with about 1.3 million policyholders.

Board to review plan for mobile home park
By JEFF ADELSON

Sun staff writer

Gainesville 's City Plan Board will decide Thursday night whether to recommend the City Commission move to block efforts to build "site-built" homes at the Buck Bay mobile home park.

The City Commission initiated the effort to rezone the park earlier this year after learning that its owner planned to evict the park's existing residents. A previous owner of the park had received approval from the commission to build homes on vacant properties in the park but had told commissioners that he did not plan to evict residents.

It is unclear what the ramifications of a rezoning would be, though the park's current owner, Edwin Dix, has suggested that he could sue the city if they prohibited permanent homes in the park.

The Plan Board's recommendation will be passed to the City Commission, which has the final say on the matter.

Thursday's Plan Board meeting begins at 6:30 p.m. at City Hall Auditorium, 200 E. University Ave

Developer warns of lawsuit over stop-work order
Lake County had moved to stop

Joshua Davidovich
Staff WriterCLERMONT - Attorneys for a large mixed-use development in South Lake are threatening to sue the county after officials halted work on part of the site.

Cecilia Bonifay, an attorney with Akerman Senterfitt sent letters to county staff last week objecting to the county's stop-work order and threatening legal action if the county does not allow the Plaza Collina development to go forward.

"We demand that Lake County retract its unlawful action and in the future honor Plaza Collina's due process rights and provide notice and opportunity to be heard prior to taking any action that will affect plaza Collina's property rights," she wrote in a letter sent to the county's growth management staff.

A second letter from the law firm gives notice to the county staff to not destroy any evidence "in anticipation of litigation."

On July 10 the County Commission voted to send Plaza Collina's plans back to the state Department of Community Affairs for a second review. The county also moved to stop any grading work being done on the northern part of the property. That decision was not on the meeting's agenda and Bonifay was not present at that meeting.

Some South Lake residents objected to the 2.1 million-square-foot development since it came to light that it would probably include a Super Wal-Mart and other similar stores, and not be the high-end development they say they were promised.

Bonifay could not be reached and no other attorney at Akerman Senterfitt would comment on the case. Representatives of the developers, Phoenicia Development and The Goodman Company, also could not be reached.

County Attorney Sandy Minkoff warned the commission July 10 that impeding the developer could lead to a lawsuit, especially if the developer is kept from building on the site for a long time.

Minkoff said he was planning to meet with Plaza Collina representatives next week in an effort to avoid a lawsuit.

"We'll try and have a meeting," he said. "We'll just have to see what happens."

'The Loop ' gains protection

July 19, 2007

Ormond Beach

A stretch of roadway circling from Ormond Beach to the Flagler County line has been designated a Florida Scenic Highway .

Known as the Ormond Scenic Loop and Trail, or simply "The Loop," the tree-canopied trail is a popular trek for motorcyclists and bicyclists in the northeast portion of Volusia County .

"We have now officially achieved a significant and historic goal for generations to come," wrote the chairman of a trail group, Joe Jaynes. "It is exciting and wonderful to envision how this will help protect and preserve the amazing resources of our scenic corridor roadways."

The Florida Department of Transportation selects roadways based on their natural, recreational and scenic value to the state.

The Ormond Loop is about 34 miles, beginning on State Road A1A at the Flagler County line and extending south to State Road 40, then west to North Beach Street and Old Dixie Highway .

Willoughby Mariano, Amy L. Edwards, Kristen Reed, Robert Sargent, Gary Taylor and John Kennedy of the Sentinel staff contributed to this report. Information from The Associated Press also was used.

Citrus disease greening found in Hardee County

LAKELAND (AP) - A disease that kills trees and ruins fruit has moved into another of Florida 's top citrus-producing counties, authorities said Wednesday.

The discovery in Hardee County means citrus greening is now affecting trees in four of the top five production areas from last season. Those areas accounted for 60 percent of Florida citrus in 2005-06, federal data shows.

Greening, first discovered in-state in September 2005, has now spread to two-dozen citrus-producing counties, according to Florida Citrus Mutual, a grower advocacy group. It has still not shown up in the top area, Polk County .

Greening is spread by an insect, and can be active two years before detection. Physical signs include blotchy leaves and misshapen fruit, and eventually the disease kills plants. It does not affect humans, but makes fruit taste bitter.

"Growers are doing all they can to manage this disease but the key to beating it once and for all is research," Michael W. Sparks, executive vice president/CEO of Florida Citrus Mutual, said in a written statement. "We're moving in that direction but we must continue."

Officials said greening probably arrived in Florida from infected Asian plant material.

It is different from citrus canker, a disease spread by wind and rain that does not kill plants.

The Florida Department of Agriculture is holding grower education meetings around Florida in the coming weeks to share information about managing diseases. The first was in Bartow on Wednesday, and others will take place in Fort Pierce , Immokalee, Sebring, Arcadia and Tavares.
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Sierra Club Threatens Suit Over Mall Plan

By KEVIN WIATROWSKI The Tampa Tribune

Published: Jul 18, 2007

WESLEY CHAPEL - The Sierra Club is threatening to sue federal officials to force them to pull the permit letting the developers of Cypress Creek Town Center fill more than 50 acres of wetlands on their site.

Attorneys for the Sierra Club on Tuesday filed a "letter of intent" with the U.S. Army Corps of Engineers, the first step toward a lawsuit.

The letter urges the corps to revoke the wetland fill permit it granted the Richard E. Jacobs Group in May because of the operation's impact on habitat used by several endangered species and because of its potential harm to water quality in Cypress Creek. The mall is being constructed at State Road 56 and Interstate 75.

Sierra officials say the Army Corps of Engineers did not follow proper procedures when it approved the developers' permit, including consulting with the U.S. Fish and Wildlife Service. By doing so, the corps violated aspects of the Clean Water Act and Endangered Species Act, the letter says.

If the corps of engineers doesn't pull the Cypress Creek permit, the Sierra Club says it will take the agency to court in 60 days to force the revocation.

The document repeats many of the same claims outlined in a lawsuit filed - and then pulled - last month by Land O' Lakes resident Dan Rametta. The same law firm filed both documents.

Denise Layne, the Lutz-based conservation chairwoman for the Sierra Club's Tampa Bay chapter, said the legal challenges by Sierra and by Rametta and Citizens for Sanity are separate matters. Sierra is not representing Rametta or Citizens, Layne said.

"This is just begging people to understand the value of these wetlands," she said.

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

Proposed Pasco landfill worries Tampa

By JANET ZINK
Published July 18, 2007

TAMPA - The proposed landfill is more than 30 miles away from the heart of Tampa , but city officials are concerned about the impact it may have on their drinking water.

Mayor Pam Iorio will make those worries known in a letter to the Florida Department of Environmental Protection, which is reviewing a request by a Largo company to build the landfill in Pasco County near Dade City .

"I am concerned that this landfill will be so close to the headwaters of the Hillsborough River , which we rely on as the source of our drinking water. It is a very poor location for a landfill," she said.

The site is about a mile from the Hillsborough River basin , where water drains into the river.

The first phase of the proposed landfill would cover 30 acres, but Angelo's Aggregate Materials has options to expand it to more than 600 acres, according to project manager John Arnold.

He said the pit would be lined by a layer of clay 50 feet deep to prevent seepage into the water table as well as a state-required liner made of plastic. He also said Angelo's would not accept hazardous waste, would restrict acceptance of asbestos, use monitoring wells and provide for third-party inspections.

Arnold pointed out that in recent years the DEP has approved two similar landfills in the region that are close to water supply sources.

According to a memo from Tampa Bay Water, the regional water utility that sometimes withdraws from the Hillsborough River , the landfill would not affect the quality of water in its system.

But that doesn't satisfy Carl Roth, a member of a residents group formed to fight the landfill, who met with Iorio last week.

The land, he said, is prone to sinkholes, which poses the risk of a structural failure no matter what type of precautions are taken.

"We really don't believe that location is good given the geology of the site," he said.

Times staff writer Chuin-Wei Yap contributed to this report. Janet Zink can be reached at jzink@sptimes.com or 813 226-3401.

Bottled Water Plant Seeks To Expand

By NICOLA M. WHITE The Tampa Tribune

Published: Jul 18, 2007

ZEPHYRHILLS - The city's most famous business wants to expand.

Plans are in the works to add 160,000 square feet of warehouse space to the Zephyrhills Spring Water Co. plant on 20th Street .

The move is fueled by a hot bottled water market and the recent availability of space near the plant, company spokesman Jim McLellan said.

In December and January, Nestle Waters Co. North America, which owns the Zephyrhills Water brand, purchased three houses in Woodland Acres directly south of the plant. Those houses would be knocked down to provide a larger buffer between the plant and surrounding homes, McLellan said.

That land grab, which cost $890,000, followed on the heels of the company purchasing three vacant lots south and east of the plant in 2005 to add more employee parking.

"The business is doing well. The bottled water industry is growing rapidly," McLellan said.

No formal plans to expand the plant have been submitted to Zephyrhills City Hall .

Before securing building permits, a couple of land-use issues must be straightened out. The houses in Woodland Acres lie just outside city limits; if the plant were to expand, the city would have to annex the land, said Todd Vande Berg, the city's director of development services.

Also, the land-use classification would have to change.

There has been talk about the plant expanding since 2001, when the city was divided on whether to allow the company to buy Krusen Field, which hosts youth sports leagues. Zephyrhills Spring Water wanted to build a new storage facility there, but public backlash stymied the plan.

Reporter Nicola M. White can be reached at (813) 779-4613 or nwhite1@tampatrib.com.

Rural life may be stripped

Group of 450 puts up signs before hearing  

By Denes Husty III

dhusty@news-press.com

Originally posted on July 17, 2007 

Baptist preacher Bill Lytell is ready to give one of his fire-and-brimstone speeches at a hearing Wednesday, but it won’t be to his congregation.  

Lytell, 55, will tell a Lee County hearing examiner why mining shouldn’t be allowed near his rural east Estero neighborhood.  

He and his 450 neighbors are pitted against companies that want to dot the landscape east of Interstate 75 with large mine pits.  

“We’re the little man. We have nothing to gain and everything to lose,” Lytell said.

The residents said they are fighting to preserve their rural way of life and the area’s water resources and wildlife for future generations, saving it from heavy industry such as rock and dirt mines, he said.  

Wednesday’s hearing for Estero Group Ltd.’s fill dirt mining petition is a test case because there are three other mining petitions — with a combined 2,211 acres of land along Corkscrew Road — waiting to be heard after Estero Group’s proposal, Lytell said.  

Miners say they’ll take measures to protect the environment and residents’ rights, but insist they have rights to excavate their land to supply construction and road-building industries throughout Southwest Florida with needed fill dirt and rock.  

Five days have been allotted for testimony and more than 100 residents are expected to speak out at the hearing.  

The residents have put up dozens of “No New Mines” signs along heavily traveled Corkscrew Road and side streets for all drivers — including dump truck  

operators going to and from existing mines — to see.  

Dozens more were available last Wednesday during a gathering at the South County Regional Library where more than 100 residents planned their battle.  

“Don’t sacrifice the permanent on the alter of the immediate,” said Lytell, quoting evangelist Bob Jones.  

Residents said they will testify how they think mines will ruin the neighborhood.  

“Just because we’re not experts doesn’t mean we don’t feel the impacts,” said east Estero resident Kevin Hill.  

“Kids’ testimony helps. Bring the family,” he urged.  

Lytell predicted 150 or more residents will show up.  

That’s not unrealistic. In another 2002 hearing involving a rock mining petition on Corkscrew Road , about 200 residents turned out and the meeting lasted six days, said Greg Cross, 51, Lytell’s neighbor. The petition was ultimately rejected by county commissioners and the case is now in litigation.  

The present battle involves more than just residents of the rural area, but the volunteer advisory Estero Council of Community Leaders that represents the entire community.  

“What we need not to lose sight of is the potential industrialization of the area,” said Neal Noethlich, council chairman.  

The mining fight has been expensive — residents have dumped more than $125,000 into their war against mines.  

Lytell estimated residents need to raise $20,000 more to pay for experts and lawyers.

He didn’t pass an offering plate at the meeting at the library, but he made a pitch for more cash.

“If 20 of us give $1,000 each that would be more than enough, or if 40 of us gave $500 each. I’m a preacher. I’m used to raising money,” Lytell said.  

Test case  

The hearing examiner within the next two months will recommend to county commissioners — who have the final say — whether the Estero Group Ltd. of Naples should get its mine.  

The mining company proposes digging fill dirt as deep as 40 feet, without blasting, on 318 acres along the north side of Corkscrew for 10 years. County planners say digging should be limited to 20 feet, because at 40 feet, excavators could hit rock.  

Estero Group Ltd. attorney Beverly Grady said that the firm is willing to accept the 20-foot limitation.  

The county’s staff recommends approval because the project meets all county code and plan requirements and is compatible with surrounding agricultural and mining uses, said county planner Chip Block. The site abuts the existing Westwind mine to the east.

Lytell said he and his neighbors aren’t opposed to mines altogether, just more mines on Corkscrew Road . “We’re not radicals,” he said.  

He said they believe mining should be limited to the Alico Road corridor where it has always been.  

Lytell said he believes the Davids will defeat the Goliaths and win.  

“I just believe the simple man in the United States can still change things,” he said.

 

THE ISSUES

Water supply

The overriding issue, said Bill Lytell, is protecting the land.  

Much of the area is in the middle of the Density Reduction/Groundwater Resource area, 90,000 acres in east and south Lee County .  

Construction there is limited mostly to one home for every 10 acres so there is enough vacant land for the rainwater to collect to provide a water supply for man and nature.  

The county staff recommends safeguards to protect the water supply regarding the Estero Group petition.  

Mining operations won’t be allowed within 200 feet of any wetlands. Monitor wells will be dug to county specifications and and annual reports on water quality will be required, he said.  

Traffic  

The Estero Group petition states there will be 414 round trips by trucks a day. Opponents say there will be no way to monitor the number of trucks.  

The county recommends that Estero Group provide quarterly reports showing that the average number of daily truck trips — from 8 a.m. to 6 p.m. Monday through Friday and from 8 a.m. to noon Saturday — doesn’t exceed an average of 414.  

http://permits.leegov.com/tm_bin/tmw_cmd.pl?tmw_cmd=StatusViewCase&shl_caseno=DCI2006-00007  

http://www.corkscrewroad.com/  

http://www.news-press.com/apps/pbcs.dll/article?AID=/20070717/NEWS0108/707170400

Divided Commission Greenlights Wiregrass

By KEVIN WIATROWSKI The Tampa Tribune

Published: Jul 18, 2007

WESLEY CHAPEL - The biggest development in Pasco County 's history won the blessing Tuesday afternoon of a sharply divided county commission, clearing the way for construction on a major shopping center and the eastward extension of State Road 56.

The 3-2 vote broke with long-standing county policy of not helping developers build roads within their projects.

At the urging of Wiregrass officials, commissioners will give the developers more than $42 million in impact-fee credits toward half the cost of Porter Boulevard , Chancey Road and Mansfield Boulevard . Wiregrass officials have said the project is not financially feasible without county support for roads that will carry lots of non-Wiregrass traffic.

Commissioners gave nothing to Hillsborough County officials, who reiterated their demand for $28 million from Wiregrass' developers to compensate for widening Bruce B. Downs Boulevard to eight lanes south of the Pasco County line.

With projections showing more than 35,000 residents by 2016, Wiregrass alone will consume all the capacity created by that Hillsborough-financed widening, argued Bob Campbell, Hillsborough's director of transportation and land development review.

Pasco officials said they can't give Wiregrass public money for building roads outside the county's borders - an opinion shared by the Tampa Bay Regional Planning Council, which approved Wiregrass Ranch in December.

Tuesday's vote resolved months of sometimes-heated debate between Wiregrass developers and the county.

The sides have spent months fighting over how to spend $579 million the county has said Wiregrass owes to offset its potential impact on roads in central and eastern Pasco . That tab, known as the developer's "proportionate share" of future road costs, was unprecedented when the county levied it this spring.

Since then, however, several projects now under review have been hit with large road construction bills. The big numbers are the result of state-estimated costs for asphalt, concrete and steel.

Commissioners who supported the proposal based their decision on features they argued were unique to the Porter family's 5,100-acre project. That list included the county's long-sought Pasco National Tennis Center , more than 13,000 future jobs, and a potential location for a Pasco-Hernando Community College campus.

Commissioner Pat Mulieri urged the board to support Wiregrass. "I do believe we're going to see economic benefits from this project," she said.

Commissioners Ann Hildebrand and Michael Cox opposed that decision.

"I wanted this proposal to be approved," Hildebrand said after the vote. "But it was like a fishbone caught in my throat. I worry about the precedent that was set."

Cox and Hildebrand are concerned the Wiregrass vote will encourage developers to pitch their projects' "unique" qualities to argue for greater public funding. "Is uniqueness going to be the new criteria for developments coming in?" Hildebrand said.

Wiregrass representative David Evans doubted commissioners will see developers clamor for special treatment.

"Every project has to be judged on its own merits," Evans said.

WIREGRASS RANCH BY THE NUMBERS

5,100: Total acres

7,500: Single-family homes approved

4,526: Multifamily homes approved

3.2 million: Retail square footage

2 million: Office square footage

35,000: Estimated residents

3.2 million: Estimated daily water use in gallons

3,658: Estimated tons of garbage daily

13,531: Estimated jobs created

243 million: Estimated property tax proceeds

Source: Tampa Bay Regional Planning Council

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

Mineral rights mean snag in swamp buy

July 18, 2007

TAVARES

The county's plans to buy about 800 acres of environmentally sensitive land in the Green Swamp suffered a potential setback Tuesday.

County officials say they discovered that about half of the pasture and wet-prairie plot near Withlacoochee State Forest might be tied up in mineral-rights claims more than 50 years old.

County leaders say they thought that the property owners, Kuharske Properties Inc., had worked out a deal with Arnold Industries Minerals & Development Inc., the name listed on several older title documents.

"We found out this morning that maybe their deal fell apart," County Attorney Sandy Minkoff said Tuesday.

At issue, officials say, are the land's oil, gas and sulfur rights.

Commissioners had planned to vote on buying the property, which would have been their most expensive purchase to date -- $6.7 million -- under Lake 's land-acquisition program.

The program is funded through a special tax voters approved in 2004.

Commissioners said they are willing to move forward with approving the purchase with the option of bringing the contract back before them if a deal between the two other parties isn't reached.

Christine Dellert, Katie Fretland and Adrian G. Uribarri of the Sentinel staff contributed to this report.

Algae invade lakes in Clermont

Water authorities commit $500,000 for cleanup projects to combat the possibly toxic blooms.

Robert Sargent

Sentinel Staff Writer

July 18, 2007

CLERMONThttp://ad.doubleclick.net/click;h=v8/3593/0/0/%2a/f;112869054;0-0;0;12928196;4307-300/250;21598867/21616757/1;;~sscs=%3fhttp://www.orlandosentinel.com/travel/

 

Massive blooms of potentially toxic algae are quickly invading one of Central Florida 's most picturesque waterways -- the Clermont Chain of Lakes -- as environmental officials rally a counter-attack.

The Lake County Water Authority has put up about $4.6 million in grants during the past decade to cut off algae-feeding stormwater pollution flowing into lakes from hundreds of drainage pipes. However, local cities and the county have been reluctant to pay their share for costly cleanup projects.

About two dozen authority-assisted projects have been completed since 1995, but only one has benefited the Clermont Chain of Lakes -- a pristine water system where algae blooms are becoming a serious concern.

The Water Authority is getting frequent complaints from concerned residents who see algae tainting some of the chain's biggest and most popular lakes and collecting as a thick, smelly scum on the water.

"Driving down the road, I could see it piled up along the shoreline at least five to six feet out," said Paul Renick, husband of Lake County Commissioner Elaine Renick, who has lived on Lake Minnehaha for about 10 years.

Now officials are upping the ante to preserve the Clermont chain. Water Authority board members have set aside $500,000 to encourage stormwater cleanup projects along the series of lakes.

"A little bit of cure could go a long way," executive director Mike Perry said.

The algae blooms likely are a result of several factors, experts say. Since 2000, data show that median -- or midlevel -- measurements of algae-feeding phosphorus in lakes Minneola and Minnehaha are almost three times the recorded levels during the prior 30 years.

A lot of phosphorus came downstream from the Green Swamp . Four years of drought starting in 1998 dried much of the swamp and broke links in the Clermont chain. Heavy rains after 2002 then flushed huge amounts of phosphorus in the water through the lake system.

Polluted storm runoff from properties surrounding the lakes also introduces phosphorus. Septic tanks and lawn fertilizers add their share. The chain has about 193 outflows where storm water is redirected through pipes and into the lakes.

That is where the weather has had another dramatic impact. Months of dry weather have left the lakes about two feet lower than normal.

The Water Authority, which controls lake levels with dams on the Clermont chain, has not let water out since early 2006. So the lakes have had minimal flow to flush out the algae.

Combine that stagnant activity with summer temperatures and extra phosphorus, and the conditions are perfect for algae growth.

"Essentially what you've got down there is a big stew that has been cooking for the last six months," said Lance Lumbard, the authority's water-resources project manager.

The widespread problems are relatively new for most parts of the Clermont Chain, which is among more than 40 Outstanding Florida Waters that get extra environmental protection from the state because of their pristine quality.

Algae blooms plagued small Lake Winona in Clermont several years ago. More recently, residents have complained about huge blue-green algae blooms on larger lakes in the chain.

The Water Authority identified potentially toxic algae blooming in lakes Minnehaha, Palatlakaha and Minneola. The agency plans to investigate the latest algae outbreak.

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

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Endangered Species: Things of the Past?

By Tom Palmer
tom.palmer@theledger.com
Let the endangered species reviews begin.

Last week the Pacific Legal Foundation and the Florida Homebuilders Association won a point in their 2005 federal lawsuit demanding that the U.S. Fish and Wildlife Service expedite periodic reviews of the status of 89 federally listed species in Florida .

The judge ruled the reviews have to be accomplished by 2010.

Although the news reports you may read focused on the Florida manatee and the American crocodile, two species you aren't likely to encounter in Polk County, there are quite a few less glamorous species on the list that are found here - and hardly anywhere else on the planet.

On the surface the lawsuit seemed simply a case of getting federal bureaucrats to do their jobs. The Endangered Species Act requires the status of each species to be reviewed every five years. This has not been done in many cases.

The review is part of another aspect of the law, which involves recovery. That is, the law envisions doing something - protecting habitat, captive breeding, establishment of new populations - that will bring species to the point where they are in less danger of becoming extinct.

But there's more behind this.

The Pacific Legal Foundation and the Florida Homebuilders Association don't appear to be interested so much in saving species as they are in trying to get the regulators off their backs.

In a press statement following the verdict, a spokesman predicted: "This ruling could potentially affect hundreds of thousands of acres of private property that is currently barred from productive use."

As the foundation's Web site states, one of the primary purposes of the litigation is "to lay the groundwork for future lawsuits to force delisting of species."

Delisting means to remove the species from the endangered species list. The best outcome is that delisting comes as a result of recovery of a former precarious population. The worse outcome is when delisting comes as the result of extinction for political pressure.

I'm not opposed to delisting species.

But the problem with delisting goes to the heart of the issue that spurred the grounds for the lawsuit in the first place.

It is this.

Wildlife agencies have limited funding and staff to conduct the field studies needed to update the status of any species, not to mention to manage and to protect them.

Lack of money for basic management is a major problem.

The U.S. Fish and Wildlife Service announced the establishment of the first-ever national wildlife refuge for rare plants, but if it hadn't been for the efforts of state, local and private groups, the preserve would have remained nothing more than an ambitious concept.

But even when the land is purchased, problems persist.

For example, the state purchased a site in Lake Wales in 2003 to protect a number of endangered species. Next year money is supposed to be available at long last to install a fence around the site to protect it from trash dumping and ATVs.

Most of the endangered species found in Polk occupy scrub habitat, which requires prescribed fire to provide enough openings for the rare species to survive. That requires money and staff, too.

The lack of funds is not unexpected. There's often little support for increased government spending, and it's not uncommon for legislators to pass strong environmental laws and then decline to fund them adequately.

That makes legislators seem to be doing something worthwhile when in fact they are often not really doing enough.

But the canard that bothers me - at least as it applies to endangered species in this part of world - is that the listings are nothing more than the product of some bureaucratic plot to trample private property rights.

The reality is different, at least locally.

Most of the endangered species in Polk are plants. They range from some obscure species barely an inch or two high to some lovely, showy species with exquisite flowers. Nevertheless, the existence of an endangered plant species on private property generally doesn't trigger federal review.

I have seen land containing federally protected plants bulldozed and there wasn't a thing I or anyone else could do about it. The best that can happen sometimes is that preservationists can appear hat in hand and ask to harvest seeds.

Most of the subdivisions you see filling thousands of acres of the hilly, white and yellow sand terrain along U.S. 27 throughout Polk County were once the home of many of the endangered species found in Polk. That is why the species are classified as they are.

Eighty-five percent of the original habitat is gone. All of the arguments you hear concern the disposition of the scraps.

The system for protecting many of the endangered species that are part of Polk County 's heritage is fragmented, underfunded, undermanaged and understaffed. The money spent responding to mischievous lawsuits could be better spent protecting species.

Tom Palmer can be reached at 863-802-7535 or tom.palmer@theledger.com. His blog on the environment is at http://environment.theledger.com.

Many Battles Await Governor In His New War On Emissions

The Tampa Tribune

Published: July 18, 2007

Gov. Charlie Crist is jolting Florida into fast action to reduce the amount of carbon dioxide and other heat-trapping gases going into the atmosphere.

With three executive orders last week he opened multiple fronts in a campaign to make Florida a global leader in energy efficiency and a smaller contributor to a warmer climate. Now comes the hard work - the expert testimony, cost-benefit estimates and a public debate that will determine whether Crist's green revolution thrives or dies on the vine.

Action Hero

But one thing is clear. The man is serious. He's not talking voluntary compliance, demonstration projects or blue-ribbon panels. He's pushing changes big enough to inspire California Gov. Arnold Schwarzenegger to call Crist an 'action hero.'

Crist is helping Schwarzenegger electrify the Republican Party on environmental issues. He's envisioning economic payoffs and job creation.

He's putting utilities and automakers on notice that the status quo is no longer acceptable. He's urging the federal Environmental Protection Agency to allow Florida and other states to toughen mileage standards for cars and trucks. And he's insisting that the state's construction industry build energy-efficient homes and offices.

He even sent $985 to a wind-power project in New Mexico to offset the 180 tons of carbon estimated to have been generated by his climate conference last week in Miami . Already Crist has changed the political climate by making sure two proposed coal-fueled power plants don't get built.

But he is only a governor, not a king, and won't get far without deep political support. At his conference last week Crist preached to the choir. In upcoming public hearings critics will blast his proposals as hitting consumers hard while doing little or nothing to help the climate.

On new-car emissions, for example, Crist did not enact California 's standards, as some news accounts suggested. He can't do that by himself.

He told the state Department of Environmental Protection to begin writing rules to require a 25 percent reduction in emissions from 2009-model cars sold in Florida , and an 18 percent cut in emissions from sport utility vehicles.

Rule-making will be a spirited, public process. Expect automakers to testify it will cost them up to $6,000 per car to meet the standards, and expect voices to be raised on all sides.

Another challenge for supporters of stricter Florida rules is the fact that state lines are open to all vehicles. Only nationwide rules really make sense. It would be silly to set up a system that sends Florida residents to Georgia to buy gas-guzzling SUVs. But Crist and other governors are right to take the lead because Congress and the White House have done so little for so long.

California asked the EPA in 2005 for permission to impose stricter emission standards and is still waiting for an answer. It appears the White House is encouraging the foot-dragging.

Florida Sen. Bill Nelson is supporting a bill that would require the EPA to make a decision.

Wind And Sun

Crist also wants all electric companies to produce 20 percent of their power by renewable sources, such as wind, biomass and solar, by 2020. These utilities also are to cut their greenhouse gas emissions to 2000 levels by 2017, even as the state grows. They must cut back to 1990 levels by 2025, and then continue to cut.

How to get this done will fall to the Public Service Commission, which regulates utilities and will hear from them and their customers before imposing carbon caps or anything else that might increase electric bills. This, too, will be a lively process with an uncertain outcome.

Florida residents should hope Crist wins, because reasonable conservation efforts are good for the state's economy and national image

Going green's new face: profitability

Businesses are finally seeing green in energy savings, following a two day summit on climate change hosted by Florida Gov. Charlie Crist.

BY MONICA HATCHER

mhatcher@MiamiHerald.com

Representatives of some of the country's top corporations speaking Friday at the governor's climate change conference touted the financial savings and profits that can come with implementing energy efficiency and recycling programs.

Publix Super Markets President Ed Crenshaw said the chain had reduced electrical usage by 7 percent since 2002, saving enough energy to power 44,000 homes. He also said Publix had recycled more than 209,000 tons of cardboard and 7,600 tons of plastic.

''We've made millions from that,'' Crenshaw said.

Panelists also discussed policy initiatives that would lead to increased conservation efforts and innovation.

Top among them: how to make clean energy profitable by creating a market where credits for conservation can be traded.

The so-called cap-and-trade system requires the government to set a cap on the total amount of greenhouse gas emissions for a group of polluters, such as electric utilities.

That amount is then divided into permits, or pollution allowances, and distributed to companies. As companies succeed at reducing emissions, they can sell their unused permits to others who have been less successful or unwilling to cut emissions.

Cap-and-trade systems exist elsewhere in the country, including the Northeast. Electric utilities, including Florida Power & Light, generally support the systems.

Theodore Roosevelt IV, great-grandson of the former president and a managing director of Lehman Brothers, said putting a value on carbon emissions would ensure investments in new power sources won't be undercut if the price of fossil fuels drops in ensuing years.

An alternative to that system could be a penalty tax on carbon emissions.

''A tax does not specifically control low carbon emissions,'' Roosevelt said, adding if goals weren't met, taxes would need to be raised, and the problem of tackling pollution still might go unaddressed.

Some said Friday that the recognition of the link between environmentally friendly companies solvency and profitability represents a change in thinking in the business community. Until only recently, efforts to reduce energy consumption were seen as costly, offering few rewards.

General Electric vice president

''The most innovative and energy efficient country will be the most competitive in the world,'' said Matthais Machnig, state secretary for Germany 's environmental ministry, who also spoke on the panel. Participants also said consumers and investors expected major corporations to be on the forefront of change.

Other companies boasted of savings and profits they've already achieved.

Doug McMillon, President and CEO of Sam's Club, who also spoke for Wal-Mart, said the retailers' efforts extend to consumers. He pointed to Wal-Mart's campaign to sell 100 million energy-saving light bulbs by the year's end.

If Wal-Mart meets its goal, he said the initiative would save consumers $3 billion in electrical costs over the next seven to 10 years, preventing 20 million metric ton of greenhouse gases from entering the atmosphere.

''We have to make it easy for consumers to opt for the right decisions,'' McMillon said.

Bill includes $56 million for Lake O dike repairs

The Bush administration issued a statement of policy last month that the bill "includes an irresponsible and excessive level of spending," and warned that the president strongly opposes it. The bill calls for $1.1 billion more spending than Bush requested.

The administration's position statement did not mention either the dike or the Everglades projects.

U.S. Rep. Alcee Hastings, D-Miramar who sought the money for the dike, said residents of the communities around the lake "are well aware of the potential for the Herbert Hoover Dike to fail and the subsequent catastrophic flooding in South Florida that would ensue."

In addition to Hastings , Democratic Reps. Robert Wexler of Delray Beach , Ron Klein of Boca Raton and Tim Mahoney of Palm Beach Gardens voted for the measure.

The bill still must be considered by the Senate and differences resolved in a conference committee.

Congressional action was spurred in part by a special study last year that warned that the seven-decades-old earthen dike posed a "grave and imminent danger" to neighboring communities.

The House also approved $2 million for dredging work along the Intracoastal Waterway from Jacksonville to Miami .

Charlotte tightens rules on dirt mining

Mine fees will rise, but upset residents say they will sue

By ZAC ANDERSON

zac.anderson@heraldtribune.com
CHARLOTTE COUNTY -- Charlotte County tightened dirt mining rules Tuesday that force miners to pay millions to improve roads but stopped short of limiting new mines despite proposals for 60 more.

Citizens and environmental activists pushed for tougher rules but complained that the county didn't go far enough to protect ground-water supplies and keep dump trucks from making rural roads hazardous.

The new rules force dirt miners to pay $1 per truckload and could require them to build traffic safety devices such as turn lanes. The fee can mean thousands of dollars per mine per day.

The county also set stricter requirements to protect endangered species and, at the last minute, added a provision to do more ground-water testing.

But the revised ordinance will not end the debate about mining in Charlotte County , where there already are 22 mines. Some residents are threatening lawsuits, and county commissioners raised the possibility of more restrictions in the future.

"I'm not entirely satisfied with this," said Commissioner Tom D'Aprile.

But he voted for the new rules anyway, saying they are "better than nothing."

Clarke Keller, a farmer in East County who lives on Washington Loop Road where multiple mines are proposed, said commissioners should have rejected the new rules.

"This process was controlled by the miners from the beginning," said Keller, who sat on a panel that recommended changes to the dirt mining rules. "(Commissioners) should have sent it back to the table."

The majority on the study panel were representatives from the mining industry who praised Tuesday's action.

"I think they did the best with what they had to work with," said Bill McDaniel, who operates three mines in the county.

At least three dozen people spoke at Tuesday's meeting, with homeowners complaining about the mines and lawyers, engineers and mine owners arguing their merits, including the benefit of cheap, local fill dirt for construction.

The controversy reflects a larger trend. Residents from DeSoto to Lee counties have lashed out against dirt and rock mining in recent months as more homes have been built in traditionally rural areas where the mines operate.

Residents argued Tuesday that the reason Charlotte County has so many new mine applications is because neighboring counties have enacted much tougher mining laws.

Sarasota County , for example, has a special zoning category for mines that limits where they can be built.

Some Charlotte commissioners said they would like to see the county explore a similar zoning designation in the future.

The mining debate began in February when commissioners expressed alarm about a rise in new mine permits.

County planners suggested a moratorium on new mine permits while they studied the problem, but the County Commission refused to do so. Instead, commissioners directed planners to rewrite the mining rules in 60 days.

Fate of the interstate?

By CINDY SWIRKO

Sun staff writer
The Department of Transportation held a meeting Tuesday to get ideas from the public for improving safety, traffic capacity and other aspects of I-75.

Beautification, safety and mass transit along Interstate 75 were topics at a meeting Tuesday evening to kick off development of a new master plan for the freeway.

The state Department of Transportation held the meeting to get ideas from the public for improving safety, traffic capacity and other aspects of I-75 from the Alachua/Marion County line to the state line.

Suggestions from the approximately 25 people gathered at the Best Western Gateway Grand hotel ranged from parallel or bypass lanes for local traffic to a mass transit line that would help meet greenhouse gas reductions that Gov. Charlie Crist recently called for.

"The only way we are going to get a handle on these choke points involving I-75 is to start planning today for a regional public transportation system. I'm talking about . . . everything from rubber-tire vehicles on dedicated guideways evolving into light rail, fixed rail and heavy rail," said Gainesville engineer Dave Bruderly. "I-75 is an ideal corridor. I would love to get on a rail and go to Tampa or Orlando or Atlanta so I wouldn't have to drive."

It was also stated that reducing, or at least limiting, future increases in traffic on I-75 through mass transit could help with safety, with one speaker citing Monday's accident that killed one and injured 12.

The stretch of I-75 from Williston Road to NW 39th Avenue is heavily traveled by local people moving from one end of Gainesville to the other.

Gainesville resident Bill Wrighton, citing heavy local use in the Newberry Road vicinity, suggested separate lanes for through travel and local travel.

"Because of the projected figures for development, we are going to be a lot bigger than we are now," Wrighton said. "What I would like to see is a (beltway) that would connect to I-75 north and south."

Other topics included more park-and-ride lots, additional interchanges and improvements to existing interchanges.

An additional lane is to be added to the northbound exit ramp at Newberry Road in 2011. Traffic often backs up on that ramp. Creating the master plan is expected to take a year. It will identify short-term and long-term improvements through 2035. No money had been set aside for any of the future work, but DOT project manager Jordan Green said previous master plans have resulted in substantial improvements.

"There are real projects that come of this. A previous master plan recommended the six-laning of I-75, and that was done," Green said. "While the timeline may seem lengthy, it takes time to work through the process."

More meetings will be scheduled later, officials said.

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

Newell resigns, will plead guilty

Reached outside his home in Boynton Beach , Newell would confirm only that he had quit. U.S. Attorney R. Alexander Acosta said his office also would have no comment.

Newell is the fourth target to face public corruption charges since federal authorities launched an investigation of county government last year. His resignation came a day after federal prosecutors announced that zoning lawyer William R. Boose had agreed to plead guilty to a felony for helping former County Commissioner Tony Masilotti hide his profits from a government land deal.

Boose could be sentenced to two years in prison. Masilotti was sentenced in June to five years. A third alleged Masilotti co-conspirator, real estate consultant Daniel Miteff, is awaiting trial in October. He faces decades in prison if convicted of all the charges against him.

Newell's resignation was delivered in a one-page letter sent to Crist on Tuesday afternoon.

"It is with a heavy heart that I submit this resignation from my position as County Commissioner , District III, effective 5 p.m. today," he wrote. "As an elected official, I fully understand my fiduciary relationship to the public. I also understand how I breached that relationship. I take full responsibility for my conduct. It is my intention to cooperate with the Federal Government, and, in the coming weeks, I intend to plead guilty to a criminal offense. ...

"I apologize for my actions to the citizens of this wonderful community."

In resigning and apologizing, Newell was following a federal protocol for public officials in negotiations for a plea agreement. He and prosecutors will be working against a deadline. The grand jury that has been investigating public corruption is due to disband early next month, and prosecutors will want to work out a deal before that happens, law enforcement experts said.

Newell, 52, has been under investigation since February for his undisclosed personal interests in two real estate deals that required commission votes. Until now, he had maintained his innocence while declining to elaborate on his role in the transactions.

The commissioner rebuffed calls for his resignation from political leaders, saying he intended to run for reelection. He recently switched his party affiliation from Republican to Democrat in hopes of bettering his chances.

All the while, the grand jury's clock was ticking. Empaneled in August 2005, it is scheduled to meet just three more times, with the last meeting Aug. 3. Jurors began investigating Masilotti in 2006 and were scheduled to be dismissed in February. Their term was extended six months around the time federal investigators launched their inquiry of the real estate deals involving Newell.

Prosecutors wouldn't say Tuesday what charges would be lodged against Newell. Masilotti pleaded guilty to honest services fraud, an anti-corruption law that essentially makes it a crime for a public office-holder to hide a personal interest or benefit from an official vote or act. Masilotti was under investigation for secretly using his position to profit from land deals. After pleading guilty in January, Masilotti forfeited more than $9 million in tainted profits.

Like Masilotti, Newell drew the attention of federal investigators after The Palm Beach Post published a series of stories about him. The stories concerned Newell's connection to two land deals that required commission approvals.

On Feb. 4, The Post reported that Newell, while spearheading a $50 million taxpayer initiative to protect public access to the waterfront, steered $14 million to the Palm Beach Yacht Center , a private Hypoluxo marina where he docked Long Shot, his personal yacht. While pushing the deal in 2005, Newell owed the marina $35,900 in dockage and maintenance fees, financial filings in his divorce showed.

At the time, Newell also was an investor with one of the marina owners in Legacy Bank of Florida , a start-up venture. His engineering and surveying firm also did work at the marina, county records showed.

Newell met privately with the marina's owners and county staff, then voted with other commissioners to pay $14 million for development rights for the marina to keep it a working boat yard. County administrators said they never were told of Newell's connections to the marina. Records show he never publicly disclosed his ties before voting on the issue.

The day after the story was published, Newell stepped down as chairman of the county's Value Adjustment Board, avoiding a conflict. The marina needed his signature as chairman for a $340,000-a-year property tax cut from selling its development rights to the county. Later, his ties with Legacy Bank were severed and he stepped aside at SFRN, the engineering partnership he joined in 1986.

On March 25, The Post documented Newell's secretive role in a lucrative real estate flip. Newell worked the deal while voting three times in 2004 and 2005 on matters that enhanced the property's value without disclosing his interest in the property. In little more than a year, a company Newell co-founded more than doubled its money, buying the land for $1.9 million, then selling it to a hospital chain for $4.4 million.

Newell and his partners signed a contract to buy the property that stipulated that the terms not be placed in the public record. In May 2005, Newell's name was deleted from the company's public registration forms, and no mention of the deal was made on the commissioner's annual financial disclosure forms. The land deal closed in October 2005, and he would not say whether he made a profit.

Newell said the stories were misleading, but he wouldn't elaborate, saying he didn't want to compromise the Masilotti investigation.

After sending his resignation to Crist, Newell late Tuesday afternoon informed county staff. County officials responded by stripping his picture from the Web site, as happened last year when Masilotti resigned in shame.

Newell also called county commissioners, reaching Mary McCarty while she vacationed in Maine .

"He seemed resolute," McCarty said. "He seemed like he had put a lot of thought into what he needed to do. Warren had so much to offer to the community. The fact that he has gotten into this jam is very sad for Palm Beach County ."

Volusia to consider property purchase for preserve

By JAMES MILLER
Staff
Writer

Archaeologists know there are colonial era remnants on a roughly 7-acre site bordering New Smyrna Beach .

They just don't know exactly what they are.

A proposal to buy the land through a tax-dollar-funded conservation program might secure a chance to find out.

"I will be ecstatic if this goes through," amateur archaeologist Dot Moore of New Smyrna Beach said of the proposal to buy the family-owned property in the Doris Leeper Spruce Creek Preserve for $1.9 million.

County staff members will present the proposal to buy the land through the Volusia Forever program to the County Council on Thursday in DeLand. There are several selling points for the property situated on either side of U.S. 1 north of Art Center Avenue , they say.

For years, local historians thought a canal-type structure and two coquina-lined vats were part of a system used to process indigo in Scottish physician Andrew Turnbull's 18th-century settlement of Smyrna .

Some archaeologists now doubt the system was used for indigo.

But excavations have shown the site definitely contains at least five structures dating from the 18th century, and archaeologists and officials want to find out more about them.

"It's kind of like a Stonehenge of sorts for our city," said Chad Lingenfelter, chief planner for New Smyrna Beach

But without the Volusia Forever purchase, the land's future is uncertain.

This year, the City Commission gave initial approval to a request from longtime property owners Joseph Blanchette and his sister Margaret Woodard to annex and rezone the property to allow up to 40 homes. A city survey says the property is about 10 acres.

Some archaeological resources could be preserved even with development, Lingenfelter said. The owners -- who have worked with officials and others to let them learn what is on the property -- would have to file a detailed agreement before final commission approval.

But if the land, which has been declared eligible for the National Register of Historical Places, is bought through Volusia Forever, it will be preserved, said Doug Weaver, the county's land acquisition director.

The property's attractiveness for the county isn't limited to its historical significance, though.

It's also one of the few remaining parcels in the 2,000-acre Doris Leeper Spruce Creek Preserve that's not in public ownership, Weaver said.

The county, the state and the St. Johns River Water Management District have spent money to secure the preserve. Anything in the preserve is listed as a top priority for Volusia Forever, and the county has bought 218 acres through the program for about $5.4 million.

james.miller@news-jrnl.com

County Council meets

· WHEN: Thursday, 9 a.m.; public participation for items not on the agenda starts at 8:30 a.m.

· WHERE: Thomas C. Kelly Administration Center , DeLand.

· AUDIO: Real-time audio of the meeting is available through the county's World Wide Web page: Connect to www.volusia.org/countycouncil/info.htm#audio.

· ISSUES:

COURT COSTS: Additional $65 court cost for delinquency adjudications, 9:25 a.m.

DELAND PARKING: Contribute $50,000 to city and county backed study of parking needs in DeLand, consent agenda.

VGMC: Consider increasing Volusia Growth Management Commission budget for 2006-07 by $40,000, consent agenda.

BLACK BEAR: Join Florida black bear scenic corridor management group, 3:07 p.m.

MAP A: Resolution support Volusia Council of Governments' proposed "Map A" identifying environmentally sensitive land targeted for preservation, 3:32 p.m.

*Times are approximate.

Businesses cringe at entrusting land to voters

A ballot initiative would involve the public in land-use changes.

By JENNIFER LIBERTO

Published July 17, 2007  

TALLAHASSEE - It's not often that a ballot initiative gets compared to "Armageddon" or a "nuclear bomb."  

But that's the kind of rhetoric that business groups are using to describe a little-known group called Hometown Democracy that wants to give voters direct control over new development.  

You may not have heard of Hometown Democracy, but you will. Opponents are predicting it will be the costliest ballot initiative fight to date: maybe as much as $65-million.  

The group officially has 262,000 of the 611,000 verified signatures needed by Feb. 1 to get its initiative on the November 2008 ballot, according to state records.  

The way it works now is if a developer wants to build anything from a Wal-Mart Supercenter to a new high school in a spot that's designated for, say, agriculture, the developer goes to a county commission or a city council and asks to change the land-use designation. Then the state must sign off, too.  

Under the Hometown Democracy ballot measure, any land-use changes that conflict with the local government's plan for growth, called a comprehensive plan, would have to be approved by a majority of its voters. In November, St. Pete Beach became the first Florida city to give voters control over changes to its comprehensive plan.  

Supporters say Hometown Democracy will stop willy-nilly land-use changes and force a slowdown in Florida growth.  

Opponents say such an initiative will bring all growth, and thus Florida 's economy, to a screeching halt.  

That prospect is more frightening to business groups than anything to do with property tax or insurance, which is why in just three months, the Florida Chamber, the national parent of the Florida Home Builders Association and the sugar behemoth U.S. Sugar already have raised close to $1-million to bankroll an anti-Hometown Democracy group called Floridians for Smarter Growth.  

That's more than Hometown Democracy has raised in its entire four-year battle.  

"From where we sit, it's going to be a very expensive campaign," said Michael Caputo, a Republican consultant who just moved to Orlando to open headquarters for Floridians for Smarter Growth.  

Hometown Democracy has raised $484,000 in cash so far, $94,300 from co-founder Lesley Blackner, an environmental lawyer. Blackner, who was out of town last week, also has contributed services to the effort worth an additional $341,000.  

The other co-founder, Ross Burnaman, says he's not intimidated by his opponents' efforts or their deep pockets.  

"We're not a special interest group, we're not profiting on this, and we're not doing this for personal gain," said Burnaman, who is also an environmental lawyer. "We're just Floridians who think we should educate citizens on what the long-term vision for development should be."  

After a lengthy court fight just to get the ballot measure's language approved by the Florida Supreme Court, Hometown Democracy's battle is now largely one of signatures and money.  

In addition to the 262,000 signatures, the group has collected another 188,000 that need to be verified, Burnaman said. And for the first time, the group is attracting bigger dollar contributions, such as a $25,000 check from Joe Redner, a Democratic activist and owner of the Mons Venus strip club in Tampa .  

"I just believe that developers have way too much say-so in how our wetlands and all our lands are being paved over," Redner said.  

The group also got $80,000 from Dr. Steve Rosen, a South Florida skin care mogul, former dentist and animal rights activist. Rosen famously saved 320 black-tailed jackrabbits from death at Miami International Airport .  

Meanwhile, Floridians for Smarter Growth also has gained momentum.  

That group's organizer, Caputo, is a veteran of the last big environment vs. industry fight: He helped the sugar industry defeat the 1996 ballot measure that would have taxed it for Everglades restoration efforts.  

Hometown Democracy's measure would cripple Florida 's economy and clog up election cycles with some 200 to 300 local referendums each year, said Paul Thompson, senior vice president for the Florida Home Builders Association. He compares the measure to Armageddon.  

"If that sounds over-dramatic, let me assure you it's not," Thompson wrote on the home builders' Web site. "Whatever pain you might be feeling right now with the economic slowdown, it's nothing compared to the utter devastation that Hometown Democracy will bring to the Florida home building and development industry."  

Beyond fundraising, Floridians for Smarter Growth has started collecting signatures for a competing ballot measure that looks nearly identical to the Hometown Democracy initiative, except for one caveat.  

Under this other measure, a proposed land-use change could go before voters only if 10 percent of residents sign a petition at the county Supervisor of Election's Office saying they want to hold an election on the proposed land-use change.  

It's a controversial idea that divides the business community. Associated Industries of Florida opposes Hometown Democracy, but it doesn't want to support a measure that would acknowledge elections as the way to go for land-use changes. The group also is skeptical of the intentions behind that ballot measure.  

"We're leery about supporting any new constitutional amendment that would be a poison pill initiative," AIF chief executive Barney Bishop said.  

Hometown Democracy's Burnaman has a much harsher assessment.  

"It's a Trojan horse, designed to confuse our prospective signers of our amendment into signing theirs," he said.  

Jennifer Liberto can be reached at liberto@sptimes.com.

City drops suit over growth plan petitions

The legal tangle had named five as defendants, including two city commissioners.

By NICK JOHNSON

Published July 15, 2007  

ST. PETE BEACH - The city agreed to drop its 2005 lawsuit filed against five residents, including two city commissioners, who petitioned on behalf of Citizens For Responsible Growth to repeal a change to the comprehensive plan.  

Instead of the planned resolution that would drop Commissioners Linda Chaney and Harry Metz from two lawsuits, city attorney Timothy Driscoll presented a deal settling the city's involvement and both parties' motions for sanctions, during Tuesday's commission meeting.  

After Chaney and Metz were elected to the City Commission, the lawsuits put the city in the precarious position of having commissioners vote on lawsuits in which they were named as defendants.  

By dropping the case, the city will resolve the potential conflict of interest and allow leaders on both sides to come to a consensus on how to proceed with a comprehensive plan.  

"I think everybody on both sides saw the value, saying let's spend our energy on things we can control as opposed to things we can't control, which is the court system," said Ward Friszolowski, mayor of St. Pete Beach.  

Chaney and Metz were also glad to see an end to the lawsuit.  

Chaney said she was eager to move forward but hasn't forgotten the initial gesture. "I think it's unconscionable that the city would sue its own citizens from having input in their own community," she said.  

"It just means that CRG won because now the city's going to say the petitions are constitutional," said Metz, adding that this would allow the city to move on to more pressing issues. "I think we can really get a lot of other things done."  

The resolution was passed unanimously, without the votes of Chaney or Metz , who abstained as Driscoll had advised.  

The dropped lawsuits were a result of petitions Chaney and Metz collected with three other residents, before being elected, which effectively stopped an amendment to the city's comprehensive plan that would have allowed for new land development regulations.  

The city contended the petitions were invalid, resulting in a city divided over comprehensive plans and the confusing swirl of legal action that ensued.  

Over the next year and a half the lawsuits were followed by appeals and motions for sanctions from both the city and the attorneys representing the petitioners, Kenneth Weiss and Michael Larrinaga.  

Another suit was also filed over the same issue by St. Pete Partners, property owners who claim they were adversely affected by the petitions, against the same five citizens and the city of St. Pete Beach .  

"This started out as a simple request to the court to determine the validity of some petitions that were filed," Driscoll said. "It turned into a much more antagonistic litigation than it needed to be." 

But things aren't settled yet.  

Although the petitions are no longer being contested by the city, they are still being contested by the pending St. Pete Partners case.  

For now, the city will continue to operate under the original comprehensive plan but depending on the courts decision, could end up operating under the amended plan after all.  

"We're going to just stand on the sidelines and just wait and see what happens," Driscoll said.  

The hearing in the St. Pete Partners case is scheduled for July 25.  

Nick Johnson can be reached at nickjohnson@sptimes.com or 893-8361.  

Scraping Bottom

By NEIL JOHNSON The Tampa Tribune

Published: Jul 17, 2007

TAMPA - The water level in the C.W. Bill Young Regional Reservoir has never dropped this low.

Exposed concrete walls bleach in the sun. At one end of the 2-mile-long bowl, a hundred acres of grass grow verdant and lush as a baseball outfield. At the other, a pipe to fill the reservoir juts above the surface, not a drop flowing from its mouth.

Unless more than 20 inches of rain falls over the next few months, the Tampa Bay region's best defense against drought - its huge reservoir in east Hillsborough County - may no longer be useful.

"It's possible we could be out of water by the end of next spring," said Alison Adams, senior manager with the reservoir's owner, Tampa Bay Water.

When full, the reservoir holds 15 billion gallons of water. On Monday, about 2.5 billion gallons remained, roughly 17 percent of capacity.

For now, the reservoir continues to provide about 20 million gallons daily to homes and businesses in Hillsborough, Pinellas and Pasco counties, St. Petersburg and New Port Richey, supplementing fresh water supplies pulled from the ground in wellfields across the region.

The drought, however, means there is no source to replenish water pumped from the reservoir. That means wellfields will be taxed even more than they are now, drawing down the aquifer, draining lakes and wetlands and even shrinking the flow of rivers.

When rivers are flush, Tampa Bay Water siphons water from the Hillsborough and Alafia rivers and the Tampa Bypass Canal .

Up to 60 million gallons a day of that water mix with desalinated water and well water before heading to 2 million customers in Hillsborough, Pinellas and Pasco, who use on average about 250 million gallons daily.

During normal summer weather patterns, more than 100 million gallons of water flow into the reservoir each day. However, the drought lowered river levels, leaving the reservoir with no means to refill.

Except for a few scattered days, not a drop has been added to the reservoir over the past nine months while 12 billion gallons have been pumped out over that time.

Tampa Bay Water built the reservoir in 2005 to get the area through the annual dry season in the spring, but the drought forced the utility to start supplementing fresh water supplies from the reservoir in October, months before the spring.

That's because the rivers petered out except for a few flashes of flow that lasted only a few days.

"On a scale of 1 to 100, the rivers are a three right now," said Granville Kinsman, hydrologic data manager for the Southwest Florida Water Management District.

In the past two summers, some places got plenty of rain. But rainfall over inland portions of Pasco and Hillsborough that collect water for the river system amounted to only 50 percent to 75 percent of normal.

Even with slack rivers, the reservoir entered October nearly full with 14 billion gallons of water. That was because Tampa Bay Water, anticipating diminished river flows, diverted an extra 4.5 billion gallons from rivers and increased pumping at wellfields to meet the region's water demand.

This summer, Adams doubts that the river levels will allow for such an infusion.

The desalination plant, still limping at less than full capacity with repairs months behind schedule, has contributed about 16 million gallons a day to the fresh water supply.

Even running full throttle at 25 million gallons a day, the plant would add less than 10 percent of the region's water consumption this June.

Wellfields Bear Burden

An empty reservoir will mean wellfields must bear the burden of providing nearly all the water consumed in Hillsborough, Pinellas and Pasco counties.

However, whipping wellfields to produce water, especially during a drought, drains wetlands, sucks water from lakes and even cuts into the river flows.

"That's what we'd expect to see happen," Kinsman said.

The Tampa Bay Region isn't alone in the grip of drought. More than 90 percent of the state is in some level of drought.

Lake Okeechobee continued to plummet even in July, setting records for low levels.

No water has flowed into the lake from its main tributary, the Kissimmee River , for more than 240 days.

The city of Tampa , which draws its water from a reservoir formed by a dam on the Hillsborough River had to take 40 million gallons a day from the Tampa Bypass Canal .

Rainfall so far this summer is only keeping the region from losing ground to the drought.

"Within the last month you've had enough rain not to make the situation worse," said Rick Ullom, hydrologist at the Southeast River Forecast Center in Georgia .

Even normal rainfall won't help much, said Jesus Rodriguez, spokesman for the South Florida Water Management District based in West Palm Beach , which relies on Lake Okeechobee to replenish wellfields that serve South Florida 's 5 million people.

"We may be in worse shape next year," he said.

It's the same story for the Tampa Bay region. Just typical summer rain won't make up for the past two years of drought.

Tropical Systems Needed

Adams said it may take a foot of rain above what we usually get through September to replenish the reservoir sufficiently to ensure water through next spring. That's an additional 4 inches or so each month.

One positive note, the National Center for Climate Prediction predicts above average rain for Florida the next three months.

"You need a tropical system. Or three," said the river forecast center's Ullom

Reporter Neil Johnson can be reached at (352) 544-5214 or njohnson@tampatrib.com.


Possible new bottling plants raise concern

By NATHAN CRABBE

Sun staff writer

Columbia County resident Marsha Olszak said falling groundwater levels have her so worried she limits washing her clothes.

So she was concerned when she received a flier saying a water-bottling plant could be built in Fort White .

"How can they consider even allowing some of these people to do this at this time?" she said.

The flier advertised the anti-bottling group Our Santa Fe's meeting Monday in Fort White . The group is holding a series of meetings to get out the word about four new possible bottling permits along the Santa Fe , said Russ Augsberg, group president.

"I want people to be informed about what's going on in their community," he said. "It's just unprecedented."

Currently, Coca-Cola's plant in High Springs is the only active water-bottling operation along the Santa Fe . But if four more planned permits move forward, they could mean a combined billion gallons pulled each year from springs feeding a three-mile stretch of the river.

The proposals come at a time when river and groundwater levels are falling. Despite wet weather in recent days, the Santa Fe River near Fort White was measured Monday at 21.03 inches above sea level - just 0.01 inches shy of a historic low set in 2002.

Tampa businessman Stephen Cheeseman holds one of the water-withdrawal permits. It would allow him to pump 150,000 gallons a day from the groundwater feeding Santa Fe Springs, located downstream from Ginnie Springs.

Cheeseman has expressed interest in building a bottling plant in Fort White . The closed restaurant Wahoo's has been widely speculated as a possible site.

A Fort White official said nothing has been filed with the town about constructing a plant there. Cheeseman couldn't be reached for additional comment.

As now written, his Suwannee River Water Management District permit requires bottling to be done on an adjacent property to the place where the water is withdrawn. That means the plant would need to be located on a bordering lot, said Jon Dinges, the district's resource management director.

"Adjacent means just that," he said.

But Dinges said Cheeseman could ask for the permit to be modified. The restriction is intended to ensure bottling benefits the local economy, so he said district staff would likely recommend allowing Cheeseman to bottle in nearby Fort White .

The district's governing board would then need to approve such a recommendation.

Bottling supporters say the plants use relatively little groundwater. About 1 percent of the water withdrawals in the Suwannee River district go to bottling, as compared to 32 percent for agriculture, according to district figures.

But the bottling proposals come as the district is going through the eighth-driest yearlong period since 1932. More than 50 wells have dried up in the district since April.

Olszak said she worries about her well, because she's concerned the dry period isn't going to end anytime soon.

"I've seen droughts come and go, but never last for this long," she said.

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

FYI: A look at the facts

*Currently, Coca-Cola's plant in High Springs is the only active water-bottling operation along the Santa Fe .
*If four more planned permits move forward, they could mean a combined billion gallons pulled each year from springs feeding a three-mile stretch of the river.
*Bottling supporters say the plants use relatively little groundwater. About 1 percent of the water withdrawals in the Suwannee River district go to bottling, as compared to 32 percent for agriculture, according to district figures.
*The bottling proposals come as the district is going through the eighth-driest yearlong period since 1932. More than 50 wells have dried up in the district since April.

The first letter to the editor below nearly took my breath away.  On one hand the letter writer congratulates himself on his successful subdivision (Meadow Pointe) and his involvement in the planning process. On the other hand he states that transportation is Pasco ’s biggest problem and that they are “astronomical.” Anyone in Wesley Chapel care to comment on how Meadow Point has impacted State Road 54 or Bruce B Downes? Sheesh!

Planning process foiled by planning

St. Pete Times  LETTERS TO THE EDITOR

Published July 17, 2007  

I am one who early on bought into the planning process. I was responsible for one of the first, if not the first, developments of regional impact planned and approved in the state of Florida and Pasco County, then known as Reeder Development.  

This successful project is currently known as Williamsburg and Meadow Pointe.  

I have served on more than one Comprehensive Land Use Planning Committee and have had the privilege to chair the EAR of Pasco County several years ago.  

After attending a recent Pasco County Commission meeting and the public hearing for a current development of regional impact, I have come to the conclusions that the only thing worse than no planning is planning and the only thing worse than no zoning is zoning. Giving everyone the benefit of the doubt, I watched honest, well-meaning, concerned commissioners, who have been thrust into a process for which they are horribly miscast, flounder in indecision and ignorance of the enabling legislation and its intent. Throughout the procedure, one thought kept recurring to me, "I think I want to throw up."  

For the last several years, I have asked the experts "where would you recommend that I go to see countywide planning and development done correctly?" "What books can I read to discover the elusive truths of growth management?"  

The few responses and suggestions I have received to date are woefully inadequate and disappointing. What I see and read is: "I don't know either".  

The largest growth-related problem in Pasco County is transportation. In 1946, Pasco County had a population of plus or minus 16,000. In 1946, there were only two east-west roads in Pasco County . Sixty years later, with a population of over 460,000, there are still only two main east-west corridors in Pasco County; a third truncated roadway is planned as an extension (Ridge Road) but without an interchange for ingress and egress so desperately needed at the Suncoast Parkway. If not one house is built for the next several years in Pasco County, the existing shortfall and costs to correct existing transportation problems are astronomical.  

For many years, Pasco County has had available up to five cents local option gasoline tax. Why has the county only recently enacted a portion of this non- regressive revenue source?  

Tourist would pay a generous share of this petroleum tax. Impact fees and proportionate fair share are precluded by statute from including the costs of any existing shortfalls.

As I believe it was said in Alice in Wonderland, "if you don't know where you are going, then any road will get you there."

Ben Murphey, Tampa  

Make developers pay lion's share  

I read that the estimated cost of the road project for Wiregrass is $1.7-billion and Wiregrass is agreeing to pay $579-million, which includes private Wiregrass roads. It would be very disappointing, to say the least, if our county commissioners approve this project as is.  

Pasco has to grow within the range that ordinary citizens can afford to pay.  

If it is to grow larger than that, then developers, not the citizens, must pay the lion's share for these huge projects.  

In light of all this so-called tax reform in Florida , our elected officials must do something to protect us. As such, commissioners should speak for the citizens on these issues and make a prudent vote, even if there are no citizens present at the meeting to object to it.  

Frank Arno, Hudson


Citizens' Rapid Growth Alarming

By RUSSELL RAY The Tampa Tribune

 

Published: Jul 17, 2007  

TAMPA - It wasn't supposed to be like this.  

Citizens Property Insurance Corp., established by the state for homeowners who could not get insurance in the private market, has evolved into an industry titan. With more than 1.3 million policyholders, it is now the state's largest property insurer, eclipsing State Farm.  

Its recent rapid-fire growth has lead to another distinction: Citizens says it's now one of the largest property insurersin the nation.  

The state-backed insurer didn't want to grow and increase its exposure in Florida 's high-risk market, but Citizens is required by law to take on policies that no other company will cover. And that's happening with continued frequency as private companies reduce their risk in Florida , which was raked by storms in 2004 and 2005.  

"That's a sign of how weak the private market is," said Citizens spokesman Rocky Scott. "No one is writing commercial insurance. Nobody is writing wind, and very few companies will cover condominiums. This is statewide."  

As a result, the so-called insurer of last resort is expected to continue to grow at a blistering pace. The company expects to have 2 million policyholders by year's end.  

Robert Hartwig, president of the Insurance Information Institute in New York , says Citizens' growth is concerning. He believes the company has taken on too much risk and is overexposed. That could have serious financial consequences should a major hurricane or a series of hurricanes hit the state and cause massive losses. Citizens could end up paying billions in claims, draining its assets and resulting in assessments on insurance policies statewide to build a new pool of money for the company.  

Citizens' Reluctant Customers

Property owners who are covered by Citizens have their own worries.  

Geri Biewer of Palm Harbor was one of about 100 who attended a public forum hosted by the insurer Monday in Clearwater .  

She said that next month she will unwillingly become a Citizens policyholder. The reason: Nationwide insurance is dropping coverage on her home, she said, and she was unable to find any company other than Citizens to cover it despite the fact she has never filed a homeowner's claim.  

"No other insurance company will cover me," Biewer said. "&hellip It really is very scary because I have no options."  

Biewer said she is distressed because her annual property insurance premium will be even higher than the $2,800 she was paying Nationwide. Citizens, she said, has informed her that her annual premium will be $3,500.  

Others attending the forum also complained about rising premiums after they were placed with the company. In some cases, people told Citizens officials, their premiums jumped fivefold after they were placed with Citizens.  

Scott, the Citizens spokesman, said the company is sorry about policy costs but must charge rates set by law.  

Poe Collapse Also Fueled Growth

Since June 2006, Citizens has added 450,000 policyholders, the result of private companies dropping thousands of customers and the financial collapse of Tampa-based Poe Financial Group, which resulted in the sudden transfer of 320,000 policies to Citizens.  

Since December 2005, Citizens' exposure has doubled, rising from $220 billion to $452 billion today. The number of Citizens policies outside the high-risk coastal areas also has doubled, Scott said.

During the past 18 months, private insurers in Florida have dropped about 250,000 policies. People who have been dropped often have turned to Citizens for coverage.  

Citizens has $9.4 billion available to cover claims if a devastating hurricane hits Florida . Beyond that, money from the state's Hurricane Catastrophe Fund would be used to cover losses.  

Is that enough to cover the claims triggered by a major hurricane? Is Citizens overexposed?  

"Yes and no," Scott said. "It depends on where the hurricane hits."  

Citizens has enough capital to cover claims outside the high-risk coastal areas, Scott said. But it could fall short on cash if a major hurricane hits a highly populated area along the coastline, he acknowledged. About 420,000, or a third, of Citizens policyholders are in coastal areas.  

"There is a chance that we might have to go to assessments to recoup damages to get into the CAT fund," Scott said.  

Reporter Russell Ray can be reached at (813) 259-7870 or rray@tampatrib.com.

Realtors pledge $1 million for tax amendment

By Aaron Deslatte

Florida Capital Bureau

TALLAHASSEE – Florida Realtors have decided to pump up to $1 million into the campaign over a property tax amendment voters will decide on in January, providing the first glimpse of organized political backing for the plan.  

Realtors Vice President John Sebree said Tuesday his group hoped the financial support would encourage other skittish business and interest groups to follow suit.  

“Our hope now is that other groups will come forward and join us in this effort,” Sebree said.

Republicans are headed toward a Jan. 29 property tax election without a firm financial commitment from their largest diehard base: businesses.  

“Right now, we’re sort of the one-stop shop for getting the word out,” Sebree said. “Maybe other groups don’t realize the pieces for why this is so positive for business.”  

Convinced the amendment is too confusing and helpful only to homeowners, Florida ’s business community isn’t rushing to pump money into supporting the constitutional amendment that would let homeowners trade in their popular Save Our Homes tax cap for a “super” homestead exemption.  

“The amendment’s really only aimed at the homesteaders,” said Barney Bishop, president of Associated Industries of Florida , one of the state’s most influential business groups. “I’m not sure it isn’t so complicated people won’t understand it.”  

Florida Chamber of Commerce Vice President David Daniel calls the amendment “a good first step” but not enough to appease the groundswell of business owners who first coined the “crisis” surrounding property taxes more than two years ago.  

“At a minimum, we’re going to spend money to organize our members,” Daniel said. “Regardless of whether this passes or fails, we will be moving an agenda that included targeting more relief to the non-homesteaded property owners.”  

The tepid interest shown so far could prompt Gov. Charlie Crist and Republicans to fill the void with party fundraising – something they hoped to avoid for fear of making the amendment a partisan issue in the eyes of voters.  

Sen. Jeff Atwater, a North Palm Beach Republican who has accepted large checks from Realtors and employed the political firm Public Concepts to come up with a property tax campaign, said the state party traditionally kept a step removed from these kinds of campaigns.  

“Historically the ardent supporters pushed these things,” he said.  

Instead, business groups are setting their sites on an obscure but powerful panel charged to place its own amendments on next year’s general election ballot.  

The Florida Taxation and Budget Reform Commission is tasked every 20 years with combing over the state’s spending a cash flow with an eye toward placing constitutional reforms on the ballot that lawmakers themselves can’t or won’t touch.  

For businesses, that means the panel is the best avenue for attacking the tax inequities created by Save Our Homes.  

Former House Speaker Allan Bense, a contractor from Panama City , chairs the commission and says he’s aware that it may be hard to find support within business circles for the amendment.  

“I’ve talked to some business folks that support it and some that don’t,” Bense said. Nonetheless, Bense has cautioned his panel of CEOs, Realtors, and political veterans to avoid getting in the middle of the expected fight.  

“Right now it’s the hottest thing going in Florida in terms of public policy,” Bense said. I think you’ll see a lot of folks, cities and counties and firefighters, work against it.”  

House Majority Leader Adam Hasner of Delray Beach said it was ultimately up to Crist to set the tone for what sort of organized campaign to mount.  

“I think a lot of people are looking to the governor for leadership on the issue,” he said. “It’s important for Republicans to identify themselves as the party that believes in cutting taxes.”

Ethics panel OKs vote on Briny Breezes development

By ELIOT KLEINBERG

 

Palm Beach Post Staff Writer  

Tuesday, July 17, 2007  

BRINY BREEZES — Briny Breezes officials wouldn't have a conflict when they vote on the comprehensive plan that would lead to converting the mobile home park to a resort, according to a draft ruling by the Florida Commission on Ethics.  

"Each of the town's residents is affected in a proportionally equal manner, and there is therefore no 'special private' gain or loss to the council member as a result of the votes," the commission said in a July 11 letter to Town Attorney Jerome Skrandel.

The commission will discuss and rule on the staff recommendation at its July 27 meeting in Tallahassee .  

Skrandel and Alderman Sharon Kendrigan had requested the opinion in May after opponents of the scope of the resort raised the issue.  

Skrandel had said in April that the state commission had informally told him the same thing, based on a 1987 opinion on the sale of the town of Golfview , near Palm Beach International Airport . But the commission had told Skrandel that it would not render an opinion unless one was formally requested.  

Residents voted in January to sell the 50-year-old, 43-acre park for $510 million to Boca Raton-based Ocean Land Investments, a move that would make many of them millionaires. The proposed new comprehensive plan would allow Ocean Land to build 900 condominiums, 300 time shares and a 300-room hotel.  

Briny Breezes, population less than 1,000, is surrounded by neighbors worried about the proposed complex. Several local and state regulatory agencies have said the scope of the plan is inconsistent with the surrounding area.  

The town is owned by a corporation in which residents hold shares weighted by the size and location of their lots. The elected council, the board of aldermen, is separate from the corporation. Since every resident, and thus, any elected official, is also a shareholder, he or she would by default benefit or suffer from any vote.  

Opponents argued that council members gain by giving Ocean Land a smooth path to development, and they lose big if they make the path too onerous and Ocean Land walks away from the deal.  

Ocean Land would lose $500,000 if the deal falls apart before Aug. 10, $5 million if it collapses between Aug. 10 and March 2008, and $10 million if it falters before the March 2009 closing.  

Vice President H. Logan Pierson said last week that Ocean Land has invested about $5 million in planning.

Board to gain nearly $8 million  

The six members of Briny Breezes' elected council - the Board of Aldermen - stand togain nearly $8 million collectively from the sale of the mobile home park. With 15,703 shares, the $510 million sales price comes to $32,477.87 per share. Residents own shares weighted by the size and location of lots.  

Board member / Shares / Payout

Mayor Roger Bennett / 66 / $2,143,539  

Alderman Warren Bailey / 46 / $1,493,982  

Alderman Janet Zerull / 39 / $1,266,637  

Alderman Lawrence Bray / 35 / $1,136,725  

Alderman Sharon Kendrigan / 31 / $1,006,814  

Alderman Dennis Smith / 27 / $876,902  

Board total / 244 / $7,924,600  

Sources: Briny Breezes town attorney; Ocean Land Investments; Florida Commission on Ethics

Homebuilders meet to guess market's future 

By AARON LONDON

Staff Writer  

ORLANDO -- While many see only gloom and doom in the housing market these days, Gov. Charlie Crist is not in that group.  

The state's chief executive offered an upbeat assessment of the outlook for the Sunshine State economy Wednesday at the Southeast Building Conference in Orlando . The conference runs through Sunday.  

Crist said in his travels across the state, he has seen a lot of construction activity taking place.  

"It's like we have a new state bird, the building crane," he said, referring to large construction projects in South Florida, along the state's west coast and in Central Florida as well.  

Crist said state government has taken steps to help builders rebound from the sagging housing market, including working on lowering property insurance rates and passing what he called the largest tax cut in the state's history.  

"You're going to be busier then you have ever been in your life," he told members of the Florida Home Builders Association. "It's going to get better and better and better."  

Flagler Beach home builder John Boback agreed with Crist's upbeat assessment.  

"I am definitely positive about it," said Boback, who also serves as president of the Flagler County/Palm Coast Homebuilders Association. "We've got the land and we've got the location."  

Boback said while builders everywhere have suffered from the housing market slowdown, there is still a lot of activity. He cited developments by Ginn Clubs and Resorts in Flagler County as something that the entire market can build on.  

"It's going to be a destination," he said. "It was already a destination, but now it's going to be a special one, on par with any in the country."  

Boback said he believes the outlook for residential construction in Flagler County is good.  

"I'm feeling the pick-up already in my business," he said. "Some of the guys I've talked to are getting calls, too."  

Not everyone at the builders conference was as optimistic about the outlook for residential construction.  

Mark Zandi, chief economist at Moody's Economy.com, said the housing slowdown is going to drag on for at least another year -- and the recovery is not likely to take off very quickly.  

"I don't think 2009 will be a year of significant growth," he said Wednesday. "It will be a year of stabilization."  

For now, Zandi said the housing correction is "in full swing" with no sign of an end yet.  

"There is no sign at all that there is any stabilization in the market," he said. Citing a high level of unsold housing inventory and ongoing affordability issues, Zandi said unless progress is made at selling the glut of housing on the market, "there's no bottom."  

But Zandi said there are obstacles to reducing the housing inventory.  

He talked about the problems in the sub-prime lending market and said while credit problems are a national issue, "the credit problems (in Florida ) are very severe."  

In fact, Zandi predicted that things are going to get worse before they get better, with delinquencies and foreclosures rising "significantly" in the coming months.  

For Barbara Revels, owner of Coquina Real Estate and Construction in Flagler Beach and chairwoman of the builders conference, getting homebuilders together to hear about the realities of the industry is just as important during the current slowdown as when the market was booming.  

"What we've found in slow times and bad times is builders are reaching out for everything they can find to help their business out," she said. "We're hoping that the smart companies that are trying to stay and survive will make the right move and come over and see the right products and services."  

Revels said she expects lower attendance at this year's conference because some builders don't have the money in their budgets to attend. Still, booth sales for the five-day event have beaten records, Revels said.  

In addition to its regular booth displays, the conference also features more than 45 booths from companies promoting environmentally friendly building methods. The Florida Home Builders Association partnered this year with the Florida Green Building Coalition to offer the Green Trends showcase at the event.  

Another feature of the conference is the annual "Hurricane Alley" area, which features 150 exhibits featuring products and services to comply with the state's building code in hurricane-prone areas.

Organizers said they expect more than 16,000 construction industry members to attend the conference, which is being held at the Orange County Convention Center .

OrlandoSentinel.com

Wal-Mart builders ready for battle

Lawsuit threatened after county suspends work on Plaza Collina

Robert Sargent

 

Sentinel Staff Writer  

July 17, 2007  

CLERMONT  

 Developers of Plaza Collina are hitting back in what could become an explosive legal fight over their plans to build a Wal-Mart Supercenter in south Lake County .  

Last week, county commissioners agreed to ask the state Department of Community Affairs whether plans for the $140 million shopping center are substantially different from what the county approved in January 2006. They also suspended preliminary land grading around the northern part of the 142-acre site on State Road 50 near the Orange County line.  

The development originally was proposed as a high-end shopping magnet with a mix of commercial, office and residential development.*  

Development attorney Cecelia Bonifay, who represents Plaza Collina, argued that the county's decision was illegal. In a letter submitted to Lake officials on Friday, she threatened a lawsuit and urged the county to reverse what she calls "rash and irresponsible actions."  

"We demand that Lake County retract its unlawful action and in the future honor Plaza Collina's due process rights and provide notice and opportunity to be heard prior to taking any actions that will affect Plaza Collina's property rights," Bonifay wrote.  

She asked for a meeting with county staff and commission Chairman Welton Cadwell. That meeting had not been scheduled as of Monday afternoon.  

Bonifay's firm, Akerman Senterfitt, also sent letters to Clermont and Montverde in south Lake as well as Oakland in west Orange County requesting public records pertaining to Plaza Collina.  

Clermont is petitioning residents to find out how many people want state planners to take another look at Plaza Collina. City officials also are expected to send a letter to the county within a couple of days objecting to the most recent plans.  

"We feel like the development is not what it was proposed to be," City Manager Wayne Saunders said. "We think further review needs to take place."  

The Oakland Town Commission agreed last week to resubmit its previous objections about Plaza Collina to Lake and state officials. The town has argued that Lake County did not consider impacts of a Wal-Mart when it originally approved Plaza Collina last year.  

Montverde Mayor Dale Heathman said he is happy to comply with Bonifay's records request. Clermont and Oakland said they also will comply.  

Bonifay could not be reached for comment Monday. Her staff said she was on vacation.  

Partners Phoenicia Development and the Goodman Co. propose Plaza Collina to have about 988,000 square feet of buildings on 142 acres. Opponents argue the plans have changed considerably with primarily commercial development. The largest anchor could be a 207,000-square-foot Wal-Mart Supercenter .  

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

So far, the developers have not confirmed any tenants. But news about the Wal-Mart has raised the ire of residents and public officials who say the retailer does not fit the pledge to build upscale shopping at Plaza Collina.  

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

 State says Stump Pass Beach erosion-control project is failing

By KATE SPINNER

 

kate.spinner@heraldtribune.com  

MANASOTA KEY -- Just months after engineers praised their own erosion-control project on Stump Pass Beach , state regulators worry that the project is doing more harm than good.

 The $1.2 million experiment is "failing" to keep the sand in place and causing severe erosion to the south, according to a warning letter from the Department of Environmental Protection.  

Waves at high tide crash into trees and shrubs on the southern tip.  

Beach Restoration Inc., the company that embedded six sand-stuffed textile tubes to stabilize Stump Pass , contends that the southern tip has always been a high-erosion area and that the project is far from failing. The company intends to submit paperwork to the state to back up its case today.  

DEP officials will decide by the end of August whether the project should remain as it is, be modified or be removed.  

The Stump Pass project was intended to save Charlotte County millions by reducing the amount of sand that erodes into Stump Pass. The county has paid about $4 million every three years to keep the pass clear for boat travel.  

"As far as achieving the goals of the actual project, it is working," said Marie Horgan Garrett, president of Beach Restoration Inc.  

In May, Garrett told Charlotte County commissioners that the project was working well. She said the overall reduction in erosion should be enough to delay the need to dredge the pass until 2010 or 2011.  

Meanwhile, Garrett knew the project had run up against some problems. She had a request pending to the DEP, asking for permission to lower two of the sand-filled tubes that had not been imbedded deep enough in the shoreline.  

She said Monday that she notified the DEP of the problem in December.  

The DEP did not approve lowering the tubes because it did not expect the change to make a difference, according the most recent warning letter.  

In her report to the DEP this week, Garrett will again ask for permission to lower the tubes.  

She said they were installed improperly because the engineering designs used one elevation measurement, but the workers who installed the project got confused and used a different measure. The problem is similar to using miles instead of meters.  

Sarah Williams, a spokeswoman for the DEP, said the agency will review the company's report.

Beach Restoration Inc. also has paid for an independent consultant to review the project. That review will be sent to DEP by the end of July.

 

Despite the error, the project is still reducing the amount of sand settling in the pass and keeping sand on part of the beach, Garrett said Monday.  

Meanwhile, Charlotte County is keeping a close eye on what is happening between Beach Restoration Inc. and the DEP, said Dan Quick, a storm-water manager with Public Works who keeps tabs on beach restoration.  

The county is a partner in the experimental project, but it is up to the DEP and Beach Restoration Inc. to work out the kinks.  

"We'll just have to wait and see," Quick said.

Public needs answers on land sale

By A TIMES EDITORIAL

Published July 17, 2007  

New reports raise even more troubling questions about Pinellas County 's recent purchase of land owned by county Property Appraiser Jim Smith. Why was Smith's property so undervalued on the tax rolls? And how much did Smith's implied threat of legal action against the county influence its quick decision to buy his property? The public deserves to know.  

In late 2005, Smith complained that county workers had damaged a 1.5-acre undeveloped parcel he owns in the flood-prone Tarpon Woods subdivision in northeast Pinellas. A county report confirms that county crews, working under an emergency order issued by the Southwest Florida Water Management District, went on Smith's property without his consent to clean out debris clogging Brooker Creek, which runs through his property. The county apologized for any damage.  

However, in March of this year an attorney Smith hired sent a letter to the county. He complained of even more damage that had "devastated" Smith's property and suggested the county should compensate Smith by buying his land. Smith said trees had been cut down that created an undesirable view of a nearby condominium complex, for example. Because the letter came from an attorney, there was an implied threat of legal action, and that's exactly how the county took it.  

County officials developed a sudden interest in buying Smith's land for flood-control purposes, even though they had made no attempt to do so previously. In what seems an awful hurry, county commissioners approved the purchase at $225,000 - down $25,000 from the value given the property by an outside appraiser, but a big leap up from the $59,400 value assigned to the property by Smith's own office.  

Was the property worth the $225,000 the taxpayers paid, or the $59,400 the land was assessed at for tax purposes? Amazingly, Smith shrugs off the question. "Nobody is going to sell their property for what we've got on the (tax) roll. We are so far behind the market," said Smith, the property appraiser.  

This offensive statement shows just how disconnected Smith is from reality. Many people have sold or are trying to sell their property at prices well below the appraised value set by Smith's office. Maybe property owners should file appeals asking that their property be reappraised using the Jim Smith standard - one-fourth of its market value.  

Owners of nonhomesteaded property throughout Pinellas have been complaining of soaring assessments during the last two years that resulted in high property tax bills. Yet the assessed value of Smith's parcel lagged far behind its apparent market value. Smith, elected to a position of public trust, should have made sure that his own property, if no other in Pinellas, was assessed at its true value. Voters should remember that it was not.

Public input sought on I-75 study

By LISE FISHER  

Sun staff writer  

The Florida Department of Transportation will giving residents a chance to offer ideas about a master plan for Interstate 75 Tuesday evening.  

The agency will be conducting a study that will look at possible improvements on I-75 from the Florida/Georgia line to the Marion County line as well as ways to reduce traffic.  

Alachua County representatives plan to participate in the process and have expressed interest in improving interchanges and creating additional overpass opportunities.  

Tuesday's meeting will be at the Best Western Gateway Grand at I-75 and NW 39th Avenue . The hearing for public comment starts at 6:30 p.m. with the doors opening at 4:30 p.m. for people to view displays and information about the study.

Lawyer accused of helping Masilotti to plead guiltyBy Tom Dubocq

Palm Beach Post Staff Writer

Monday, July 16, 2007

UPDATED: 1:02 p.m. July 16, 2007

William R. Boose III, a politically influential real estate lawyer accused of helping former Palm Beach County Commissioner Tony Masilotti hide his $1.3 million profit from a government land deal, is scheduled to plead guilty Thursday to a single corruption count.

Federal prosecutors today refiled their criminal case against Boose. A hearing for Boose to enter a guilty plea is set for 9:30 a.m. Thursday before U.S. District Judge Daniel Hurley, according to Boose's defense attorney, Richard Lubin.

Boose, once considered the dean of county land-use lobbyists and a founding partner of a prominent downtown law firm, faces a maximum three years in prison. But because of his willingness to plead guilty, and his previously unblemished record, he's likely to get no more than two years. Prosecutors also want him to forfeit $400,000.

Neither Lubin nor Boose had any immediate comment. U.S. Attorney R. Alexander Acosta has called a 4 p.m. news conference to announce the case.

The case filed by Assistant U.S. Attorneys John Kastrenakes and Stephen Carlton charged Boose with misprision of a felony for failing to report Masilotti's criminal activity to authorities. He also was accused of lying to an FBI and IRS agents investigating Masilotti.

It is the same charge filed against Boose in November. After a plea agreement with Boose fell apart, the government withdrew the case in January - with prosecutors expected to seek a tougher indictment unless he resumed cooperating.

Boose, 62, is the third defendant charged in a probe of Palm Beach County launched last year. Masilotti of Wellington was sentenced in June to a five-year term. Alleged co-conspirator Daniel Miteff, a Wellington real estate consultant accused of paying off Masilotti with $50,000 in cash gambling chips, has pleaded not guilty and is scheduled for trial in October.

Meanwhile, investigators in a separate case are probing County Commissioner Warren Newell's personal interest in real estate deals that required commission votes. A grand jury could weigh the allegations in a matter of weeks. Newell has denied wrongdoing.

Well-connected in political circles, Boose in the 1970s worked as an assistant county attorney and later as the county's first planning director. He is a University of Florida law school graduate and was a partner of Boose Casey Ciklin Lubitz Martens McBane & O'Connell, a 33-lawyer firm founded in 1985. He left the firm and his name was dropped after he first was charged in November.

Masilotti reached out to Boose in 2002 as the commissioner plotted a scheme to profit from a Martin County land purchase by the South Florida Water Management District, a well-publicized acquisition to help clean up the Loxahatchee River. Masilotti wanted to secretly own land that the district would buy. Prosecutors allege Boose provided the vehicle: a secret land trust.

The land deal hit a snag when the district required disclosure of who was behind the land trust. Boose, according to the grand jury, helped engineer a land swap that would hide Masilotti's profit.

 

 

A timeline of the case:

 

August 2002: Masilotti retains Boose to create a secret land trust to conceal his $367,500 purchase of Martin County land that will be sold to the South Florida Water Management District for a $1.3 million profit. Boose agrees to handle the legal work for free. The arrangement never is declared, even when Boose seeks favorable votes for his clients' projects from Masilotti and other commissioners.

Aug. 28, 2002: Boose sets up a land trust with Richard Crum, an accountant at Boose's law firm, as trustee. The beneficiary of the trust is Susan Masilotti, then the commissioner's wife. She is a λstraw client' of Boose, who really is working for the commissioner. The next month, Masilotti purchases 150 acres in Martin County from David and Jeffrey Lee. Two years earlier, Masilotti had helped the Lees win previously denied development approvals for their Black Diamond nursery in Wellington. During the next year, Masilotti repeatedly will use his political influence to lobby for the water district purchase without disclosing his personal financial interest.

Nov. 25, 2003: Harvey Oyer, lawyer for the Lees, causes λa materially false electronic mail transmission to be made' to the water district stating that the beneficiaries of the Crum trust are the Lees - an act that hides the Masilottis' financial interest from the water district. State law requires the sellers to identify all the beneficiaries of the government deal, λsubject to the penalties prescribed for perjury.' Oyer has not been charged.

November-December 2003: Boose urges Jeffrey Lee to buy the Crum trust's 150 acres before the sale goes forward, to conceal Masilotti's involvement. Lee balks.

March 2004: Boose advises the Lees and their attorney that they need to swap land so Masilotti isn't selling property directly to the water district. λAs a result, the Crum trust and its true beneficial owner would remain concealed from the public,' prosecutors wrote.

That same month, in a telephone conference call that includes Boose, the Lees and Oyer, Masilotti threatens to obstruct the water district deal unless the Lees not only agree to the swap but cover the $50,000 in closing costs. The Lees agree and receive an option to buy back 110 acres swapped to Masilotti - but only if the water district deal goes through.

July 13, 2004: Masilotti votes to hire Boose's law firm to handle a $50 million bond issue. Neither Boose nor Masilotti discloses that the attorney is representing the commissioner in a land deal at a λsubstantially discounted rate.'

April 2005: The Lee brothers exercise the option to buy 110 acres from the Crum trust. Oyer wires $1.7 million to Boose, who then transfers the money to Masilotti.

May-December 2005: Masilotti invests his profit of $1.3 million in 13 bank certificates of deposit in the names of family members. Forty acres in Martin County remain held by the Crum trust.

April 24, 2006: Weeks after the Martin County deal is exposed in The Palm Beach Post, Boose directs Crum to resign as trustee and transfer the 40 acres to Susan Masilotti. The following month, she transfers the property to the commissioner as part of their divorce settlement.

May 2006: With federal agents in pursuit, Boose λknowingly and materially altered, and caused to be materially altered, certain notations, notes and a billing sheet ... which concealed from all persons, including federal law enforcement, Masilotti's financial interest,' prosecutors wrote. As part of the alleged concealment, Boose sends a fraudulent billing statement to Susan Masilotti to cover up the free legal services provided to her ex-husband. In the statement, Boose claims to have worked just 9.3 hours on the deal.

Oct. 12, 2006: Boose intentionally misled and made material false statements to agents of the Federal Bureau of Investigation and Internal Revenue Service when questioned about his knowledge of Masilotti's involvement in the transactions.'

Alta Vista project puts new leaders to first test

Controversial city project could set tone for growth in the next four years

By CAROL E. LEE

carol.lee@heraldtribune.com

SARASOTA -- A controversial development that two new city commissioners promised would never have moved forward if they were seated at the dais circles back to City Hall today.

The complex of office space, retail shops and condominiums proposed in the Alta Vista neighborhood, just outside downtown Sarasota , is the first major development issue for the new City Commission.

Developer Ronald Burks' project was also the touchstone for a slow-growth movement that swept the city's neighborhoods and played a key role in the spring elections.

How the new commission handles the project will likely set the tone for the city's approach to growth issues over the next four years.

"We're hoping to have better luck than we did previously," said Pat Kolodgy, president of the Alta Vista Neighborhood Association. "This commission just seems to be a little more open to discussion to things, as opposed to just rubber-stamping developers' wants."

At today's meeting, commissioners will consider an agreement that would allow development of the 9.5-acre property on School Avenue to proceed under stricter guidelines than Burks initially sought.

If it is approved, the next four months will be a test of whether or not the stark divide between neighborhood groups and developers can be mended. The process will also be an example of how the two interests will work together under the new commission.

"It's essentially starting all over again," said Mayor Lou Ann Palmer, who last year voted against a density increase for the project.

Burks' original proposal to triple the School Avenue property's density galvanized city residents. They protested at City Hall, worked to replace two incumbent commissioners and lobbied for the city to adopt an ordinance requiring a 4-1 vote for certain land-use changes.

"Alta Vista, in beginning to fight this project, made all the neighborhoods realize if it can happen here it can happen anywhere, and that you don't have to go downtown anymore. Downtown is coming to you," said Stan Zimmerman, president of the Coalition of City Neighborhood Associations.

Residents said the size of the project would hijack the character of their neighborhood with its single-family homes. They were upset that the commission voted for it despite their disapproval. And they were worried it would cause congestion in their quiet 500-home community, especially on the two-lane School Avenue .

"My concern was the traffic flow on School Avenue ," said Ken Wilson, an Alta Vista resident for 36 years. "I would like to see a development there, but not to the density that was proposed before."

Neither Burks or his lawyer, Stephen Rees, could be reached for comment for this story.

The new makeup of the five-member commission gives neighborhood residents hope that whatever sprouts from the defunct industrial warehouses across from a refurbished 29-acre Payne Park will be more in tune with their visions.

"We hope that this will provide leverage to get the kind of development on that property owned by Mr. Burks which will meet our goals," said Craig Noren, a member of the Alta Vista Neighborhood Association.

A slimmer project

When commissioners last year granted him a density increase by a 3-2 vote, Burks was planning to build 50 units an acre, some of which would be "attainable housing."

That housing component won over commissioners Ken Shelin and Fredd "Glossie" Atkins at the time and will continue to be one of the crucial issues as new discussions begin.

"I would hope that the neighborhoods could come together instead of seeing developers as the enemy," Shelin said, "but seeing the business community as a partner in providing the kind of housing that this community needs."

But the previously approved density increase required state approval. It was initially denied by the State Department of Community Affairs because of traffic concerns, then sent back to the city with the cap of 34 units an acre.

If commissioners approve the DCA's so-called compliance agreement today, Burks could build a maximum of 34 residential units per acre and 100 feet in height; and the city has 120 days to decide whether to finalize a comprehensive plan amendment for his project.

During that time, new development plans would be considered by neighborhood groups, the planning board and city staff. They would then return to the commission for a vote.

If commissioners deny the agreement, Burks would have to start over the process to obtain a density increase or build with the current zoning, which allows up to 18 units per acre, 70 feet in height and no commercial use, said city attorney Bob Fournier.

"A vote not to approve the compliance agreement would be saying that the commission would be uncomfortable with any development that is an excess of what's there now," Fournier said.

That seems unlikely.

Today's vote is "just a prelude to a kiss," said Commissioner Kelly Kirschner, former president of the Alta Vista Neighborhood Association, who won the March election with 73 percent of the vote on a campaign promising to champion neighborhood interests.

"What's more important is the next following 120 days."

The compliance agreement "sweeps all the pieces off the table, and we start a new game," Zimmerman said.

One with Kirschner and Commissioner Dick Clapp seated on the other side of the table.

When registering his opposition to the School Avenue project last fall during a public hearing, Clapp -- then president of the Coalition of City Neighborhood Associations -- called developers "gamblers."

"They're not really community investors," he said. "They're looking for what can I do to make a profit."

Now Clapp, who ran an slow-growth campaign and won with 63 percent of the vote, is taking a more tempered tone.

"I still say I have a problem with allowing the highest density possible right next to a single-family neighborhood," he said. "Until I really look at this and hear what people have to say, I'm not committed to one way or the other."

As president of the Alta Vista Neighborhood Association and a candidate for the District 3 commission seat, Kirschner emphasized process.

He criticized commissioners' decision to proceed with votes on the density increase and land-use change, despite last-minute changes in Burks' plans and that 22 of the 35 people who spoke during a public hearing opposed the plan.

Kirschner, who during the election described the commission's 3-2 vote to approve the density increase for School Avenue as "emblematic" of a City Hall that listened more to developers than neighborhoods, is bridging middle ground on the project he now gets to vote on.

"What I would like to think is we could continue to respect and appreciate the fact that Mr. Burks has time invested in this," Kirschner said. "It's in our best interest to continue to discuss and talk about it because I don't think anybody wins if we tell Mr. Burks, 'Get the heck out of here.'"

Searching for seagrass
By TONY MARRERO lmarrero@hernandotoday.com
BAYPORT — From 10,000 feet up, it’s just a tiny black dot under the blue-green waters of the Gulf of Mexico .

But down on the shimmering, smooth-as-glass surface, the spot becomes a field of thick, healthy seagrass waving gently in the current.

“It’s very, very nice,” said Manny Lopez, a senior environmental scientist with the Southwest Florida Water Management District as he looked over the side of a 20-foot Mako a couple of miles off Bayport Island one recent day.

His colleague Keith Kolasa, another senior scientist with the district known as Swiftmud, uses a handheld GPS device to pilot the boat to roughly the center of the seagrass field.

Within moments, Kolasa has donned a wetsuit, mask, snorkel and fins and jumps into the roughly 4 feet of water.

He surfaces with a handful of turtle grass, or Thalassia testudinum, which looks a lot like St. Augustine strands, only longer.

“The fact that it’s very thick is a good indication that it’s healthy,” Lopez said.

There also is little scarring from boat propellers.

“That’s good so close to the shore,” Kolasa said.

The district, in conjunction with the Florida Fish and Wildlife Commission and Florida Department of Environmental Protection, is working to map the seagrass beds off the coast of Hernando and Pasco counties.

Researchers are focusing on beds near the mouths of the spring-fed river systems: The Weekiwachee, Homosassa, Chassahowitzka and Crystal rivers. The study area extends about four miles offshore and encompasses roughly 750 square miles.

They are using aerial photos taken in 1999 and earlier this year to gauge where beds have thrived or declined over the last seven years. That data is then used to create an up-to-date map that can be referenced for years to come.

Trips like the one Lopez and Kolasa took recently aim to verify what scientists and computer software have interpreted as seagrass in those photos taken from altitudes of up to two miles.

They use the photos to plot GPS coordinates of questionable places and then hit the water for a closer look. The process is called “ground-truthing

“The more groundtruthing we do, the better the map’s going to be,” Kolasa said. “A small patch like this could easily be missed by photo interpretations.”

The roughly three-quarters-of-an-acre patch of seagrass is something to get excited about, scientists say.

The grass serves as habitat for bait fish and shellfish such as shrimp and scallops, as well as manatees, wading birds and sea turtles. Larger fish head to grass beds to dine and spawn.

“Once you degrade your seagrass beds, you’re going to impact your fisheries,” Kolasa said.

This ecological health, in turn, is vital to the health of the state’s economy. Millions of dollars are pumped in from commercial and recreational fishing.

Scientists worry that in-creased pollution is affecting the seagrass beds. Stormwater and other runoff comes out of the spring-fed rivers and flows into the Gulf, degrading water quality and killing off the grass, which needs light and nutrients to grow.

By having accurate maps, they can pinpoint the seagrass meadows that need protection and gauge progress of efforts to reduce pollution. Officials hope to complete the maps in the next 10 months.

Seagrass beds are relatively small and few in number within four miles of Her-nando’s coast.

On this day, Kolasa and Lopez are visiting a dozen sights off Bayport, including several just at the mouth of the Weekiwachee River .

“These seagrass beds are even more important because they’re so isolated,” Kolasa said. “The less there is, the more important it is.”

A changed seascape

Local fishermen say that the decline of seagrass beds close to Hernando’s coast has been a drastic one.

Capt. Frank Bourgeois of Spring Hill remembers a time when seagrass dominated the shallow waters off Bayport and Hernando Beach .

“When I moved here in 1991 the seagrass was so damn thick out there it stalled your engine,” said Bourgeois, who runs Always Fishing Guide Service.

And that, Bourgeois said, was just off the coast.

No longer can Bourgeois haul in tarpon, trout and gag grouper near the shore.

“Now I have to go out six to 10 miles to find grass decent enough to fish in,” he said.

Bill Eaton of Spring Hill recalls even farther back, having fished the Gulf waters off Hernando’s coast for some 30 years, most of them as a fishing guide.

At that time, you could head just off shore and at just about any point jump in to a thick grass bed, Eaton said. He recalls diving in, piling scallops into his shirt and dumping them into the boat.

Now, it’s mostly sandy bottom.

Eaton acknowledges that pollution likely played a part. But he also blames commercial fishermen who for years used heavy metal dredges to pull up scallops. He said the dredges also uprooted seagrass that simply never returned.

“They weren’t supposed to be using heavy metal drags in grass, but nobody gave a darn,” Eaton said. “It just got frustrating. A few years of that and boom, we don’t have any scallops.”

Tracking progress

Kolasa points the boat toward what he and Lopez have dubbed the “Angel Fish” seagrass station.

In the aerial photo, the patch looks like the striped fish because of its shape and the white sandbars that run north and south through the darker areas.

“Wow, that looks very healthy,” Lopez announces as he scans the bottom, covered in seagrass about seven feet below the surface.

He grabs a square of PVC pipe about the size of two chess boards, closes his eyes, spins and tosses them into the water. He does this two more times, and Kolasa dives in and dictates an estimated percentage of how much each square is filled with grass.

It’s a random way to estimate coverage over the bed, later determined to be about 8 acres in size.

The hope is that the meadow grass will spread in years to come rather than shrink.

“With the maps, whoever takes over the project can track that easily,” Kolasa said.

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

Worry over murky Manatee River

Bridge builder is asked to stop dumping water, clay and silt mix

BY CHRISTOPHER O'DONNELL

EAST MANATEE -- Gary Grimes was fishing on his boat recently when he realized something was not quite right with the Manatee River .

The closer he got to the Rye Road Bridge , the muddier and murkier the water got. Patches of brown scum floated around his 14-foot john boat. No fish were biting.

At the Rye Road Bridge construction site, Grimes saw what he feared. A thick dark-gray slurry oozed down a ditch cut into the river. A floating boom was in place, but the barrier had a 10-inch gap in it.

The cordoned-off water was thick with the same brown scum he had seen downriver.

"They have a silt barrier, but there's a big hole there," Grimes said. "There's no reason on Earth the river should be this muddy."

Manatee County officials inspected the site and agreed with Grimes' assessment. The county ordered All American Concrete Inc., the company building the $7.7 million bridge, to stop dumping the mixture of water, clay and silt into the river. It also asked the company to fix the boom and put straw bales on the riverbank to act as a filter.

"They cut a ditch down to the river, and that's not what we agreed," said Steve Serbaty, the county's project manager. "If there was any discharge, it was very minimal."

But residents who live more than two miles downriver say they have noticed that the river has become murkier.

"It's a heck of a lot muddier," said Mark Stukey, owner of Ray's Canoe Hideaway, almost three miles downriver from the Rye Road Bridge . "The water's discolored."

Southwest Florida Water Management District officials inspected the site Friday and said nothing was in violation of the county's permit.

Staff from Manatee County 's Environmental Management department also inspected the site and found no problem.

"They're looking upstream to see if there's anything else contributing to the murkiness in the river," said Karen Collins-Fleming, the county's environmental management director.

The new concern over the river comes only a month after hundreds of catfish, bass, snook and some other estuary species were found dead close to Rye Road Bridge .

Water tests conducted by Manatee County and the Florida Fish and Wildlife Conservation Commission pointed to low levels of dissolved oxygen as the cause of the deaths.

The existing Rye Road Bridge is being replaced because it frequently floods over during the rainy season. The new bridge and approaching roads will be 12 feet higher.

The trench at the site was dug to discard excess water used to stop clay from sticking to the auger used to drill 60-foot holes for bridge pylons.

Serbaty said he has reminded the contractors to be more careful about the river's water quality.

"I asked them to go above and beyond the permit requirements," he said.

Water restrictions are set to extend into 2008

Florida 's drought has continued into the rainy season

By CATHY ZOLLO

cathy.zollo@heraldtribune.com

A month into what should be Florida 's rainy season, the state is still in the stranglehold of an 18-month drought that has water managers worried about the future drinking water supply.

Current water-use restrictions were set to run out at the end of July, when daily afternoon thunderstorms typically saturate the region. Instead, on July 31, the Southwest Florida Water Management District board members likely will extend water restrictions for as much as a year.

"We were really hoping that, this summer, we would be receiving above-average rainfall so that our water resources could begin to rebound," said Robyn Hanke, a spokeswoman for the district. "So far, that hasn't happened."

During the first half of 2007, the 16 counties that make up the water management district saw about half their normal rainfall. June's rainfall was particularly disappointing.

"June through September is the rainy season in Florida ," Hanke said. "We rely on that four-month period for 60 percent of our rainfall."

The drought can be seen in every creek and lake in the region. Most are well below their banks or dry.

But nowhere is the rainfall deficit more apparent than along the Peace River -- the main source of drinking water for 750,000 customers in Charlotte, DeSoto, Manatee and Sarasota counties.

At this time of year, the river typically flows at 1,100 cubic feet per second. That is more than 700 million gallons a day. But a recent measure put the river's flow closer to 100 million gallons a day, meaning that the Peace River/Manasota Regional Water Supply Authority can take only 10 million gallons a day from the river, not even enough to serve its customers' daily needs. Water authority officials had hoped to be replenishing their depleted storage supplies by now.

Environmental rules prohibit the authority from taking water when the river is flowing below 130 cubic feet per second -- or about 84 million gallons a day. The authority is also limited to taking no more than 10 percent of the daily flows.

Executive director Patrick Lehman said that about 2.5 billion gallons that the authority had stored in underground wells two years ago has been depleted. Replenishing that, given the extended dry season, will be impossible this year and will be a challenge into next year.

The authority has been able to stretch its supply thanks to Sarasota and North Port , which have reduced their demand on the Peace River plant this year.

During the typical season, the authority is able to pull an average of 18 million gallons a day from the river. When flows are high enough, the authority will be able to collect 43 million gallons a day, the maximum its pumps can handle, sending much of that straight to the reservoir to be treated later. At that point, it can begin storing water again in its underground wells.

Lehman said that the current drought coming so quickly on the heels of the drought of 2000 and 2001 is disturbing.

"These are supposed to be one-in-100-year events," he said.

Regular rains may return later this month, says the National Weather Service, if the Bermuda High, a area of high pressure over the Atlantic , moves out of the way as expected.

The Bermuda High has been camped out over the southern end of Florida , said Anthony Reynes, a forecaster for the National Weather Service forecast office in Ruskin.

Reynes said the high is expected to drift north in coming days and afternoon showers will finally resume.

But water managers say it will be too little to allow the water district to lift restrictions this year.

"We need significantly above-average rainfall to pull ourselves out of this drought," said Granville Kinsman, district hydrologic data manager for the Southwest Florida Water Management District. "Currently, we're not even getting average rainfall."

The region is so far behind that it will be 2009 -- with normal to above-average rainfall -- before the water supply can stabilize, Kinsman said.

Hanke said members of the water management district are looking for more creative ways to deal with illegal use of water during this period of restrictions.

"That's one of the things our board discussed at our last meeting, asking our district staff to reach out to the cities and counties and ask them to step up enforcement," Hanke said. "Even though we are starting to get a little bit of that summer rainfall, we still have a large deficit."

To date this year, Sarasota County has received almost 600 anonymous complaints about water use and issued 1,196 warning notices for illegal uses spotted by county employees. Six people have received $100 fines.
Huge house brings big fear

A 20,000-square-foot mansion will spoil tiny Aripeka's charm, some residents worry.

By DAN DEWITT
Published July 16, 2007

ARIPEKA - To some Aripeka residents, the structure of stone and khaki-colored siding taking shape off Osowaw Boulevard is just a big house.

They say owners Peter and Nicole Napolitano paid a fair price for the 3-acre homesite and 21 acres of salt marsh overlooking Indian Bay . The couple have the right to build what they want.

"It's their money," said Carl Norfleet, 65, owner of Norfleet Fish Camp and a lifelong Aripeka resident.

To others, the house is a "McMansion," a "monstrosity" or even - according to Aripeka artist Arline Erdrich - "grotesque to the ultimate."

The Napolitanos sinned once by cutting down trees and demolishing a historic home on their property, said Erdrich and some others who live or work in this coastal community on the Pasco-Hernando line.

They sinned again by replacing it with a 20,000-square-foot house that, some residents said, not only clashes with the community, but threatens it. Opulent houses drive up property values, they maintain, and will drive away middle-income residents from Aripeka, a collection of about 200 mostly modest houses with views of cabbage palms and needle grass.

"Aripeka is a mind-set, a way of life. It's a true hamlet," said Beverly Coe, a Silverthorn resident who has worked as a secretary in Aripeka for 22 years.

"What saddens me is the effect it's going to have on people who have lived in Aripeka for generations. It's almost the beginning of the end for them."

Norfleet's family has lived in Aripeka long enough that his grandfather, James Kolb, built the house the Napolitanos tore down.

The original owner, E.G. Willingham, was a timber magnate from Georgia . That means that he, like Peter Napolitano - a New Port Richey lawyer well-known for sinkhole litigation - was a wealthy outsider, Norfleet said:

"That being an extremely choice piece of property, it always attracted people with money."

One of the original home's subsequent owners, Patricia Posey - who tried unsuccessfully to list the house on the National Register of Historic Places - said it was built in the 1800s.

Norfleet puts the completion date much later, in the mid 1920s. So do records at the county Property Appraiser's Office, which state the main house and three guesthouses were all built in 1928, though this information is suspect because many historic records in Hernando have been destroyed by courthouse fires, said John Emerson, the office's chief deputy.

"That date might have been from asking an old fisherman when they were built," Emerson said.

Regardless of when it was completed, the main house was considered one of the grandest in Aripeka, Norfleet said. That was true even before John and Patricia Posey bought it in 1980 and added a second story, bringing the size of the house to 4,000 square feet, including the wraparound porches.

Patricia Posey, who sold the property for $1.1-million in 2004, said she tried to hold on to it after her divorce in the 1990s, but was undermined by neighbors who fought her plan to use the house and guesthouses as an assisted-living facility.

"They should have been standing elbow-to-elbow with me to get that assisted-living facility off the ground," said Posey, who teaches at Central High School .

"Now they want to whine and cry that the house is gone. I say, 'Shut your mouth.' "

Though she defends the Napolitanos' right to build their house, she said, "My life was destroyed when I had to leave that house and watch it be torn down."

It was also a tragedy for a county that has already lost so much of its history, said Virginia Jackson of the Hernando Historical Museum Association.

"I just can't believe anyone would tear down such a beautiful house," she said.

The Napolitanos did not return calls to the law office or their house in Weeki Wachee. The couple, who have four children, told Posey they needed more room than they have at their current house.

The 8,800-square-foot living area of the new house includes five bedrooms, a two-story walk-in closet, a wine cellar and a 30-by-20-foot home theater, according to plans submitted to the county.

More than 8,000 square feet on the ground floor are occupied by garages. Outside, a wooden footbridge crosses from a rear patio to an island in Indian Bay, and two tennis courts have been built next to the one guesthouse the Napolitanos left standing and restored.

A large concrete stairway leading to the front entrance reminds Erdrich of the song If I Were a Rich Man from Fiddler on the Roof, she said.

"You know the part, 'I'd build one set of stairs going up and one going down?' That's what they have, this ridiculous stone stairway. ... The whole thing is indecent."

As extravagant as the house may seem in Aripeka, several residents agreed it might not raise much of a stir in the waterfront neighborhoods of St. Petersburg or Tampa .

To Norfleet, it's just a sign of a trend that has been apparent for years: the northward advance of wealth, which is changing his life more than the lives of many of the houses' critics.

Tax increases for homeowners are limited by the Save Our Homes cap. Norfleet, who owns a house, his business and several vacant lots in Aripeka, said his total property taxes have doubled in the past decade, to about $16,000 per year.

Norfleet and all six of his brothers and sisters live in Aripeka. So do many of their sons and daughters. Younger family members will benefit when their parents sell off their properties. But the ones who don't live there now will never be able to afford to move back home, he said.

"Anybody who drives through has as much right to live here as we do," Norfleet said. "But they sure affect us when they decide to stay."

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

By the numbers

8,800 square feet of living area in the house being built.

30x20 -foot home theater

8,000 square feet on the ground floor occupied by garages

5 bedrooms

2 tennis courts

1 wine cellar

 

Developers Fail In Bid For Road Work Money

By KEVIN WIATROWSKI The Tampa Tribune

Published: Jul 15, 2007

SAN ANTONIO - County commissioners last week turned aside an effort by the developers of Bella Verde to get the county to underwrite more of the road work required by their development.

The developers also argued - unsuccessfully - that their road building schedule should be extended in keeping with a recent change to state law granting major developments statewide a three-year extension on their build-out dates.

Bella Verde's developers, which include California-based New Cities Inc. and Saddlebrook Resort creator Tom Dempsey, signed a deal with the county three years ago that committed them to widen State Road 52 between Interstate 75 and the entrance to their planned golf resort.

They also must build the western leg of the planned Clinton Avenue extension between McKendree Road and Curley Road . The road, intended to be a truck route alternative to S.R. 52, will cross the northern third of Bella Verde.

With Bella Verde committed to improving S.R. 52 near the interstate, the Florida Department of Transportation took that project off its roster. Repeated delays in getting Bella Verde, at the former Cannon Ranch, off the ground have produced no improvements to the road - much to the consternation of Commissioner Ted Schrader, who represents east Pasco .

The 2004 deal granted Bella Verde a $10.5 million credit on impact fees the developers must pay for roads - a figure the developers now say is about one-third of the cost to do the work.

They wanted commissioners to remove the ceiling on their impact-fee credits. They also asked to be released from having to widen a section of S.R. 52 west of the interstate where the state plans to build a cloverleaf-style on-ramp in the future.

Like many other developers lately, Bella Verde's builders are finding themselves pinched between a sluggish real estate market and road construction costs that have tripled since they struck their original development deals with the county.

Like Bella Verde, many of those developers have asked the county for relief and been turned down.

"Why should we treat your development any different than any other development?" Commissioner Ted Schrader asked Bella Verde attorney Keith Bricklemeyer in response to the proposed rewrite of the 2004 deal.

Schrader cited Seven Oaks, where the developers must absorb $30 million of a $36 million project to widen Bruce B. Downs Boulevard to six lanes through Wesley Chapel. When Crown Communities originally agreed to the widening in 2001, it was estimated to cost $6 million.

County officials argued that giving Bella Verde more for its road work would take money away from other projects. They also disputed the idea that the three-year extension gave Bella Verde more time to do its road work.

The state Department of Community Affairs, which oversees major developments such as Bella Verde, agrees with Pasco County on the extension issue, Assistant County Attorney David Goldstein told commissioners.

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


A divide over stricter fertilizer laws

By PATRICK WHITTLE

patrick.whittle@heraldtribune.com

SARASOTA COUNTY -- Ed Rosenthal, president of fertilizer manufacturer Florikan, believes Sarasota County 's proposed fertilizer restrictions could be the most significant environmental regulations passed by the county in years.

But George Pickhardt, president of Sarasota landscaping firm Arrow Environmental Services, fears the ordinance could run lawn maintenance and pest control firms into the ground with overregulation.

"We are regulated, regulated, regulated," Pickhardt said. "Give us a break. Let us do our job."

The two views represent the deep divide over Sarasota 's proposed fertilizer ordinances, which would be among the toughest in the state for people who sell and use the chemicals for a living.

The ordinances, which would put restrictions on the kinds of fertilizer residents could use and when they could use it, are up for approval next month and seem likely to pass. The Sarasota County commissioners took up the issue this week, but postponed a decision, saying they needed more information.

Opponents of the rules are lobbying the county to scale back or kill the regulations. Proponents, which include environmentalist groups such as the Sierra Club as well as dealers such as Florikan, are upset that the county balked at a chance to approve the rules.

The strong reaction to the proposal reflects a budding conflict in other parts of the state, such as the Lee County city of Sanibel , which approved tough restrictions this year. Charlotte and Manatee counties, where officials are considering whether Sarasota 's proposal could work for them, might be the next to enter the fray.

Sarasota County leaders have touted the rules as a victory for water quality and a blow against harmful algal blooms in the Gulf of Mexico .

Russ Hoffman, owner of Beautiful Ponds Inc., helps property owners learn how to better maintain their ponds. He believes the ordinance would legislate common sense by preventing the spread of fertilizer runoff into waterways.

"I really believe it will make the lake prettier and create a more viable ecosystem," he said.

The restrictions would prevent the use of fertilizers that contain nitrogen and phosphorus in the rainy summer season. They would also require fertilizers to contain low levels of phosphorus, establish a fertilizer-free zone near bodies of water and force residents to apply no more than a few pounds of nitrogen per 1,000 square feet per year.

Mike Scheyhing, golf course superintendent at Venice Golf and Country Club, does not have to worry too much, because golf courses and farms are exempt in the proposal. But Scheyhing still believes the county would be better off if it let professionals set the rules about fertilizer application.

"I want to see decisions made on research and science, and not on personal agendas and hearsay," Scheyhing said.

If the county approves the ordinance, officials and residents can expect an adjustment period, said Rob Loflin, Sanibel natural resource manager.

Sanibel approved its rules earlier this year and is in the middle of a six-month waiting period before it begins to enforce them. Officials are using the time to educate residents and businesses, Loflin said.

It has been a tall order to educate Sanibel, a city of 6,000, Loflin said. Sarasota County has more than 366,000 residents.

"It is definitely going to be a retraining of residents and contractors and landscapers of how they apply fertilizer," Loflin said. "We're still in the middle of that."

Other communities, including the cities of Sarasota and Crystal River , the town of Longboat Key and Martin and Citrus counties, have made strides toward enacting their own rules.

Sarasota 's proposed restrictions garnered five hours of testimony in a Wednesday public hearing. Many of the speakers were representatives from local lawn care and pest control companies.

Joe Welch, service director of Middleton Lawn and Pest Control, a statewide firm based in Orlando , told the commissioners that they might encourage over-fertilization in the dry season if they ban fertilizer in the rainy season.

"When you have a restricted season, you change the way you act in the rest of the season," Welch said.

The commissioners considered approving the ordinance on Wednesday but decided they needed more information to set fair standards for the chemical composition of fertilizer. The proposal is expected to come back for a vote Aug. 27.

The rules would take effect six months after approval. That will give the county time to provide training courses in the use of fertilizer.

Rosenthal, of Florikan, said he hopes the ordinance passes.

"Anything that can change behavior, that can make consumers more aware that nutrients need to be used judiciously, is very, very positive," he said.______

Staff writer Kate Spinner contributed to this report.

What's in your water?

 

By NATHAN CRABBE  

Sun staff writer 

In the eyes of regulators, the Kincaid Hills Water Co. is the problem child of the handful of private water systems in Alachua County .  

State regulators say they couldn't get operators to comply with regulations that ensure safe drinking water. Enforcement was handed over to the the U.S. Environmental Protection Agency, which is threatening fines for the system's repeated failure to test water for contaminants.  

Some regulators say they want Gainesville Regional Utilities, which already provides service around the subdivision just east of Gainesville , to take over operation of the system. But utility officials are reluctant, saying it would cost more than $500,000 to replace aging pipes alone.  

But because of state law, Alachua County could be forced to take control and pay for improvements. The situation highlights problems of cost, safety and management facing the seven private water systems in the county.  

"The track record that we're seeing in Alachua County with these older private systems is not good," said Chris Bird, environmental protection director for the county.  

GRU provides drinking water for most of Gainesville , and municipal utilities serve some smaller cities in the county. The remainder of county residents get their water from wells, except for residents living in seven communities scattered through the county.  

These communities' water systems have made news in recent months for a variety of reasons.

 

In Arredondo Estates and Arredondo Farms, residents complained the company running their system was overbilling them. In Santa Fe Hills, fecal contamination led to a boiled water notice.

 

But no system has faced more problems than Kincaid Hills. The system was built in the 1960s and now serves about 350 homes and 850 residents.

 

Berdell Knowles Jr. said his family has run the system since 1988, but last year he became CEO and has since taken charge of correcting problems.

 

He called the violations administrative errors, saying water has been consistently tested but results were mistakenly not sent to regulators.

 

"We're doing a much better job now," he said.  

According to the EPA, the system failed to conduct required monthly tests for total coliform bacteria in 27 separate months since June 2001. The system failed to test for organic chemicals through all the years between 2000 and 2006, the agency reported.  

Each of the violations carries a potential fine of up to $32,500 for each day that it is not corrected. An EPA spokeswoman said the delays in delivering a letter about violations to the Knowles family means penalties haven't yet been assessed.  

In November, a state inspection found no chlorine in the system's water, indicating the water had not been disinfected.

 

Bird said the lack of the disinfectant and failure to test water is a troubling combination.  

"There's really no way to know whether the water has been contaminated or not," he said.  

Tests showed fecal bacteria was detected in December 2004 and October 2005, according to the DEP. Knowles said a problem with the machine putting chlorine into water led to the contamination, which has since been fixed.  

He said the big problem is rates have not increased to the level needed to make improvements. But residents shouldn't worry their water is polluted, he said.  

"This is probably one of the best water sources in the county," he said.  

The system had financial problems paying fees to renew permits with the Public Service Commission and St. Johns River Water Management District, according to records.  

The system is "one of the most problematic we've seen," said Catherine Walker, assistant director of water-use regulation for the district.  

"It would certainly make sense for the system to be auired by a larger utility that has the ability to run it properly," she said.  

GRU estimates it would cost $680,000 to bring the system up to the utility's standards and make the necessary connections. The utility would want those upgrades made before considering taking over, said Kim Zoltek, GRU's water/wastewater engineering director.  

"We don't want our existing customers to pay for upgrades to the system," she said.  

Under state law, the operators could abandon the system and essentially force the county to either find a party to take control or take over itself. The county was forced to take over Santa Fe Hills, a system serving more than 60 homes in a neighborhood just outside the city of Alachua .  

The city of Alachua surrounds Santa Fe Hills and was discussed as the logical party to take over, but the city couldn't obtain state money for upgrades. So a judge in 2002 instead ordered Alachua County to take charge of operations.  

The county spent $25,000 for improvements and has been operating the system in the red most years since, said Kenneth Fair of the county public works department.  

Santa Fe Hills also has had contamination problems. In May, tests found the potentially deadly E. coli bacteria in water. The county cleaned the system with a massive dose of chlorine and issued a boiled water notice, before tests showed the water was safe.  

In June 2006, tests detected the cancer-causing agent cadmium in the system's water. But previous and subsequent tests found no cadmium in the water.  

That shows the positive tests could have been a mistake, said Paul Myers, director of environmental health for the county.  

"If you can't repeat the result, that may be an issue with the lab," he said.  

Fair said the system has infrastructure problems, but the county lacks the money and experience to do extensive work.  

Yet the county could now be required to take over other systems.  

When the former operator of Lake Alto Estates' system had an accident and could no longer run it, Alachua County could have been asked to take over, said Kim Worley, Waldo city manger. But the operators found someone else to take charge.  

Fair said the county doesn't want to take responsibility for Kincaid Hills or other systems.  

"We're not in the utility business and don't really want to be in the utility business," he said.  

Some Kincaid Hills residents say they would like to see GRU run the system.  

Joyce Stevens, 68, says she's lived there for more than 30 years. She said she's had problems with low water pressure and limestone deposits in the water clogging her ice maker and other appliances.  

"I'd love to see GRU get it," she said.  

A neighbor, Carol L. Carroll, 68, said she doesn't even drink water from the faucet, and instead buys bottled water. But she said she'd be worried that it would cost residents thousands of dollars to connect to GRU.  

"I'm on Social Security and I couldn't afford that," she said.  

Knowles said he hopes to borrow money to make improvements to the system. He doesn't foresee a county takeover in the system's future.  

"Things should improve drastically in 2007," he said.  

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

I-75 congestion draws study  

By CINDY SWIRKO  

Sun staff writer  

Getting on or off Interstate 75 in Gainesville at peak times requires patience - and sometimes a prayer that your car won't be whacked by a passing driver while you're waiting on a backed-up ramp.  

And given the growth in west Gainesville and in I-75 traffic in general, it's only going to get worse. But the Florida Department of Transportation is developing a master plan to cope with future traffic levels, and is giving the public a chance to offer ideas at a meeting Tuesday evening.  

"We're doing a study that will look at the next 20 years. We'll be looking at what type of improvements we can make on I-75 between the Florida/Georgia line down to the Marion County line," said district DOT spokeswoman Gina Busscher. "The study will give us an idea of what kind of long-term and short-term improvements we can make on I-75 to increase safety, capacity and account for growth in the area. But there is absolutely no funding for any work at this time."  

Traffic on I-75 has grown in Alachua County over the years, particularly between NW 39th Avenue and Williston Road . Busscher said more local residents are using the interstate to get across town.  

Michael Fay, Alachua County assistant public works director for transportation, said county representatives will attend the meeting and participate in the process.  

Fay said the county is not going into the process with preconceived notions, but does have some ideas.  

"We'd like to see what might be able to be done to improve interchanges and maybe create some additional (overpass) opportunities," Fay said.  

Fay said a recent analysis showed that to move traffic east and west, the system needed about 50 percent more lanes going across I-75.  

Several large developments that likely will feed more traffic to I-75 or through the interchanges are already approved. Other proposed projects are in the permitting process.  

That traffic will further clog I-75 and also worsen the choke points at key interchanges, where traffic can come to a near standstill at times.

 

Bill Wrighton helped form Save Newberry Road , a group that sprang up in opposition to the proposed Newberry Village residential/retail complex on Newberry Road and Fort Clarke Boulevard .

 

Wrighton said DOT needs to use a wide lens on the I-75 master plan to see how traffic patterns far from the interstate will affect traffic on and around it.

 

He said by widening Newberry Road between Jonesville and Newberry, the DOT caused traffic to increase on Newberry Road and add to the "clutter" at the I-75 interchange.

 

"The only way out of what we have on Newberry Road is to reduce the amount of traffic," Wrighton said.

 

Members of the Coalition for Responsible Growth, a group that opposed comprehensive plan changes to increase retail space at the Springhills development at I-75 and NW 39th Avenue , will be at Tuesday's meeting, said coalition President John Jopling.  

Traffic was a major concern with Springhills and was one of the reasons the Alachua County Commission in May denied the changes sought by the developers. Jopling said the group wants to continue to have a role in monitoring traffic issues.  

"The group is staying cohesive and active, and transportation issues are the sort of issues we will take an interest in and have some voice in," Jopling said.  

Busscher said the master plan is being done by the consulting firm Reynolds, Smith and Hills Inc. It will try to project traffic counts into the future.  

Additional lanes, new interchanges, traffic signals and other means to improve travel will be studied, she said.  

Meanwhile, some improvements already have been done or are scheduled. A new lane on the northbound exit ramp at Newberry Road , where a heavy load of peak traffic backs vehicles up onto I-75, is set for 2011.  

Ramp work was recently done at the Williston Road interchange to alleviate traffic backups there.  

Busscher said the study also will explore ways to reduce traffic. Possibilities include more park-and-ride lots to encourage mass transit and car-pooling and an I-75 lane dedicated to buses or car-pooling.  

Tuesday's meeting will be at the Best Western Gateway Grand at I-75 and NW 39th Avenue . The doors open at 4:30 p.m. with displays and information for review. The hearing for public comment starts at 6:30 p.m. Busscher said this is the kickoff meeting and that many more will be held before the plan is completed next year.  

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

Susan Wright, a 'force for positive change,' dies at 49  

By AMY REININK  

Sun staff writer  

Community activist Susan Wright died early Saturday after a three-year battle with brain cancer. She was 49.  

Wright, a computer systems programmer for the University of Florida, was known in political circles for her efforts in campaign reform and land preservation, and known in her neighborhood for being "a gentle and persuasive force for positive change," whether she was founding a community park or helping a neighbor assess hurricane damage, said next-door neighbor Julie Graddy.  

Gainesville Mayor Pegeen Hanrahan, who worked with Wright in Women for Wise Growth and other political forums, called Wright "one of the most hard-working, dedicated and ethical people I've ever known."  

"She was an advocate of clean campaigns, and she was exceedingly ethical herself," Hanrahan said. "Anytime I worked on a campaign with her, either my own or someone else's, we all knew that if someone had broken a rule, she would just as soon turn one of us in as someone she didn't agree with."  

Wright gained countywide recognition for her work tracking and analyzing local candidates' campaign-finance reports on the Web site www.thebuyersguide.org, which "made information about campaign contributions easily accessible to the public in a way that it was not before," said Jon Reiskind, chairman of the Alachua County Democratic Executive Committee.  

But Reiskind, who lives in Wright's neighborhood, said the Web site is only one of Wright's many contributions to the community.  

"She's really done a remarkable array of selfless actions," Reiskind said. "She was intrepid and persistent, and she stuck to whatever it was she was fighting for."  

In 1999, Reiskind said, Wright exhibited that persistence when fighting a plan to develop a 19-acre parcel in the Sugarfoot neighborhood, which is located south of Royal Park Plaza on W. Newberry Road .  

"She was a bulldog," Reiskind said. "She rallied our whole neighborhood, and really went head-to-head with the developer at hearings for the proposal. She didn't consider it a personal matter; she just felt it was incompatible with our neighborhood, so she stuck with it."  

The Gainesville City Commission rejected the proposal, and Wright worked for years to keep the land as open space. Eventually, 10 acres of it were set aside for the John Mahon Nature Park .  

Jon Reiskind's wife, Julia Reiskind, said as persistent as Wright was, she was also soft-spoken and reasonable.  

"She was very calm and thoughtful in her arguments, and was dedicated to doing what she thought was right and seeing it to the end," Julia Reiskind said. "I think her battle with cancer reflected that part of her personality. She was persistent in really trying to cover all the angles to find a treatment that would give her longer-term survival. With this type of cancer, as I understand it, even three years is a miracle."  

Hanrahan said in early June, Wright sat with her for several hours discussing the Alachua County Forever program.  

"Here's someone who's literally fighting for her life, and she's still fighting for what she views as the future of Alachua County ," Hanrahan said. "It was amazing."  

Wright's family has informed neighbors that there will be no funeral, but that a memorial service for Wright is planned sometime in the future, Julia Reiskind said. Donations may be made in Wright's name to Haven Hospice or to the Preston Robert Tisch Brain Tumor Center at Duke University .  

Amy Reinink can be reached at 352-374-5088 or reinina@gvillesun.com.

Crist to agencies: Get right with Mother Nature

By Bill Cotterell  

When Florida had its first oil crisis, about 35 years ago, Gov. Reubin Askew appointed an energy czar and tried to get Floridians to pay attention by speaking out frequently on the economic and environmental dangers of our dependence on fossil fuels.  

What most people noticed, of course, was the long lines they were waiting in at gas stations, where prices were steadily inching toward a dollar a gallon. What we in the Capital Press Corps noticed, of course, was that Askew went to his speaking engagements and all those high-level strategy meetings in a big Lincoln.  

Askew's press secretary wasted many futile phone calls reminding us that security required a big car for the governor. But just up the road, Gov. Jimmy Carter was driving around Georgia in a Chevy Nova, so nobody really blamed the limo on FDLE. (In fairness to Askew, it should be noted that Georgia troopers switched Carter back to a Ford LTD, but that was as big as he'd go.)  

Askew was good for the environment, while speaking up for a tourism economy that depends on people being able to fill their tanks. Govs. Bob Graham, Bob Martinez and Lawton Chiles did a lot in reorganizing environmental agencies, building on development laws that Askew started and trying to promote recycling, conservation and Everglades clean-up - a cause that continued under Gov. Jeb Bush.  

But nobody, not even Kermit the Frog, is greener than this guy we've got in there now. Gov. Charlie Crist hopped aboard the state jet last week and dashed down to Miami for his summit on global climate change.  

One of the executive orders prepared for Crist's signature at the end of that conference was titled "Leadership by Example: Immediate actions to reduce greenhouse gas emissions from Florida state government." Crist himself doesn't shy away from the word "warming," but they seemed to prefer the neutral-sounding "change" at his conference last week.  

If Crist's orders are carried out in full, they will have far-reaching implications - and no doubt long-lasting benefits - for the way state employees do their jobs.  

The ukase opens by declaring that "global climate change is one of the most important issues facing the state of Florida in this century." It says state government is Florida 's largest employer, with 114,756 authorized positions and more than $1 billion in annual commodity purchases.  

That's why he wants all state agencies under his control - and, by implication, all the Cabinet members, courts, the University System and other agencies beyond his control - to take stock of what they're doing and how they could do it with less impact on the environment. Then they can flex the state's purchasing muscle on behalf of Mother Nature.  

Crist wants the Department of Management Services to enforce energy-saving standards for new and existing buildings, forbidding agencies to lease space in any commercial office parks that don't meet "Energy Star" standards. DMS will also develop a "Florida Climate Friendly Preferred Products List" for agencies to shop with.  

Starting next year, agencies will schedule conferences only at hotels bearing the "Green Lodging" certificate for water, energy and waste standards, established by the Department of Environmental Protection. Crist wants the bid criteria for state car-rental contracts to require energy efficiency.  

"All state agencies and departments under the direction of the governor shall use ethanol and biodiesel fuels when locally available," says the order. He even wants DMS and DEP to check out hydrogen, compressed natural gas, biofuels and electric batteries used by the state fleet - to see if it's feasible to make such alternative-fueling facilities available to the public.  

Aside from immediate tangible effects, the purpose of all of this is to get people's attention. We can break some old habits and our kids will think green, first.  

We'll probably see solar panels on some buildings. Maybe they ought to raise parking rates (which have been $2 to $6 a month for as long as anyone remembers) at state buildings and start charging for all that free space out around SouthWood. Or close some of it, if the city steps up with more bus service.  

Did someone say "Leading by Example?" Scanning Crist's weekly schedules, it appears that business has taken him to the Tampa-St. Petersburg area on eight of the 27 Fridays he has been in office. Lt. Gov. Jeff Kottkamp's job has taken him to Fort Myers on a lot of weekends, too.  

Rank hath its privileges, as they say in the Army. But it also hath an obligation to practice what you preach.  

Contact Bill Cotterell at bcotterell@tallahassee.com or 671-6545.