Developer reaped millions for biotech park never built

Under the watch of local government, a Boston developer reaped millions in poverty money for a promised biotech park but never delivered a single building - leaving only a desolate swath of land in one of Miami-Dade's most neglected neighborhoods.

By Jason Grotto

jgrotto@miamiherald.com

On a muggy day in June 2005, some of Miami-Dade County 's most powerful political figures joined a Boston businessman on a blighted tract of land in Liberty City for a groundbreaking ceremony.

Donning hard hats and armed with shovels, they stood in the middle of the shadeless lot, posing for pictures in front of a large lithograph portraying state-of-the-art buildings, tidy lawns and streets lined with palm trees.

There, in one of the poorest neighborhoods in the country, developer Dennis Stackhouse promised to build a massive biopharmaceutical park, where multinational drug companies and prestigious universities would develop cutting-edge medical advances and Miami 's public hospital would provide free healthcare to 150,000 poor people a year.

StackhouseMore than 1,500 high-paying jobs would follow, along with hundreds of millions in investments and tax revenue -- enough to make it the most dramatic economic development project ever seen in Miami-Dade.

This ''is exactly the kind of job-producing investment that we have needed in Liberty City for decades,'' said U.S. Rep. Kendrick Meek, a champion of Liberty City and one of the park's most vocal supporters.

Since then, county leaders have invested millions in Stackhouse's biotech project, using public money set aside to help the poor.

Here is what taxpayers received in return: empty lots, dormant earthmovers and piles of dirt and gravel with no sign of the buildings, the biotech companies or the high-tech jobs promised to Liberty City .

Instead, Stackhouse diverted more than $500,000 from the park through double billings and dubious expenses while paying a bevy of political insiders to rally support for the troubled project, a seven-month Miami Herald investigation found.

Among those insiders: former congresswoman Carrie Meek, who received at least $40,000 and a free luxury car from Stackhouse to consult on the project while her son -- U.S. Rep. Kendrick Meek -- moved to secure federal dollars for the developer; and County Commissioner Dorrin Rolle, who landed thousands in campaign cash and a $10,000 donation to a nonprofit he runs.

Along the way, county leaders failed to detect questionable spending, overlooked chronic delays and neglected to vet the developer's track record -- even while Liberty City sank deeper into economic despair, devoid of decent housing and badly needed jobs.

 

POVERTY AGENCY'S ROLE EMPOWERMENT TRUST HAD OVERSIGHT POWER

 Poinciana chartsAt the center of the county's breakdowns lies the Miami-Dade Empowerment Trust, a county-funded nonprofit that oversees the biotech park while holding a 5 percent interest in the deal.

The trust was supposed to monitor Stackhouse's spending and file progress reports and audited financial statements with the county. But it has yet to produce a single report or track how Stackhouse used the public's money.

The first phase of the Poinciana Biopharmaceutical Park was supposed to be completed last year and include three buildings and a parking garage encompassing more square footage than AmericanAirlines Arena in Miami .

Today, the only progress at Poinciana is the beginnings of the five-story garage going up in a neighborhood where many families can't afford cars. Potential cost to taxpayers: $23 million.

Thousands of pages of court records, county documents, internal e-mails, bank records and canceled checks obtained by The Miami Herald show the ambitious plan has placed millions of tax dollars and acres of public land at risk while setting back the revitalization of Liberty City for years.

Among the newspaper's findings:

• After the county spent millions preparing one of its last open stretches of public land for development, the trust gave Stackhouse's company control over half of it for 75 years -- then allowed him to use the land as collateral for a $4.2 million private loan while paying just $1,500 a month in rent.

• A year later, the trust provided Stackhouse's company with a $3 million interest-free county loan despite the developer's financial record, which is marred by foreclosures, liens, and a bankruptcy totaling more than $20 million.

• Once he had access to the county's money, Stackhouse diverted more than $500,000 from the project by submitting more than 40 bills to the trust that had already been paid with the private loan, including construction expenses, architectural fees and property taxes.

In one case, he turned in the same $26,000 invoice three times -- collecting a total of $78,000 from the trust.

• Stackhouse pitched the project to local leaders by claiming multinational companies and world-class universities would lease thousands of square feet and employ hundreds of people.

But most of the tenants touted by Stackhouse told The Miami Herald they have no plans to lease space at the park. Two of the companies said they had no knowledge of the project at all.

• In fact, the only biotech firm committed to moving into the park is a Massachusetts company called MediVector, which Stackhouse said will serve as the anchor tenant, creating 150 biotech jobs while leasing thousands of square feet to test and manufacture drugs.

But MediVector is little more than a small consulting firm run by one of Stackhouse's longtime business partners from a 300-square-foot office in Cambridge.

''I'm just so disappointed,'' said Carrie Meek, who acknowledges she received money, a car and rent-free office space for her foundation from Stackhouse. ``I saw this project as a great opportunity for the community.''

Kendrick Meek said he did not know his mother was provided money and perks from Stackhouse. The congressman said his mother never approached him about funding the project with federal dollars and that his support is based on the community's needs.

''We want to assist any project that is going to create jobs and opportunities,'' he said.

DEVELOPER'S THOUGHTS HE PLACES EMPHASIS ON JOBS, INVESTMENTS

 Stackhouse proposalStackhouse defends the project, saying the park will bring much-needed jobs and investments to Liberty City .

He denied any wrongdoing and said the double billing could have been a clerical error.

''If it were $500,000 -- and I doubt that it is -- what is that? Five percent of what's been spent?'' he said.

Although he told the County Commission he had big-name tenants lined up for the park, Stackhouse told The Miami Herald the list is not firmed up: ``Who the ultimate mix of tenants are remains to be seen.''

The trust also defends the project. ''We still feel strongly, 100 percent behind this project,'' said Chief Executive Officer Aundra Wallace.

When fully built, Stackhouse said, the Poinciana Biopharmaceutical Park will be six times larger than the highly touted Scripps Research Institute going up in Palm Beach County .

Yet, unlike Scripps -- which received $310 million in start-up money from the state and boasts 11 Nobel laureates on its board -- MediVector, the park's anchor tenant, has never developed a drug on its own.

In fact, the company received a $300,000 grant from the Empowerment Trust in March just to write a business plan.

This isn't the first time a Stackhouse company has landed county money to bring the trendy biotech industry to a distressed area of Miami-Dade.

Three years ago, one of his businesses received $2.2 million from the county to buy medical equipment for an office building it was constructing in Opa-locka that he said would lure a biotech firm to the job-hungry city.     

The name of the firm: MediVector.

 

But MediVector never moved to Opa-locka, and Stackhouse used the money instead to help with building costs and pay down a construction loan.

Now Stackhouse says MediVector will anchor the biotech park in Liberty City .

REACTION TO VIOLENCE BUSINESSES MOVED OUT; NEW ONES DIDN'T COME

Nearly three decades ago, racial tensions in Miami-Dade erupted in a frenzy of violence after the acquittal of four white police officers charged with beating an unarmed black man to death.

In the aftermath of the May 1980 riot, many businesses packed up and moved to the suburbs, taking thousands of inner-city jobs with them.

To reverse the trend, federal, state and local leaders promised to plant a seed along Northwest 79th Street that would one day blossom into an economic engine, enticing businesses back to Liberty City .

The county spent millions of tax dollars building roads, installing utilities and preparing the site for development. But to this day, the Poinciana Industrial Park remains a vast stretch of barren land, a wound that never healed.

After more than a decade of failed attempts to revitalize Poinciana, the County Commission named the Empowerment Trust the master developer in 2001, giving total control over how the area was redeveloped to the 18-member board of community activists that governs the agency.

It was the trust's largest economic development project, but the poverty agency never solicited bids to develop the site. Instead, the trust began negotiations with Stackhouse in 2003 after he came forward with his own proposal.

Although there is no record of how the trust evaluated Stackhouse's plan, the agency spent two years hashing out a deal with him.

During that time, the trust also began to loosen its purse strings.

In February 2005 -- three months before signing a formal deal -- the trust put up $100,000 for predevelopment expenses. Three months later, it leased Stackhouse 15 acres of county land in Poinciana for 75 years and became a 5 percent partner in a company controlled by Stackhouse.

''It was a vision we gave birth to, fought hard for and planned out over many long days and nights,'' said Wallace, the chief executive officer of the trust, in a February press release.

A month after signing the lease, Stackhouse spent $10,000 on the groundbreaking ceremony, which featured food, music and a large air-conditioned tent.

OPTIMISTIC APPROACH FIRST PHASE PROMISED FOR COMPLETION IN 2006

With the Meeks, Rolle and other prominent county leaders present, the event generated a flurry of press releases claiming the first phase of the project -- three buildings and a parking garage -- would be completed by the fall of 2006 and that more than 1,500 jobs would follow.

''This project creates real employment opportunities for our residents in high-paying fields,'' said Rolle, whose district includes the park.

Six months after the groundbreaking, Stackhouse's company secured a $4.2 million loan by mortgaging its lease on the county's land to a Boston real estate investment firm called Tremont Realty Capital.

Then, last August, the trust gave Stackhouse's company a $3 million interest-free loan to help build a 1,500-car parking garage.

As the trust's point person on the Poinciana deal, Chief Financial Officer Rodney Carey had the right to review how every dollar was spent on the park. So did Chief Executive Officer Wallace.

In fact, under its agreement with the county, the trust was supposed to file progress reports and financial statements regularly.

But the trust failed to submit a single report or monitor how Stackhouse used public funds.

Wallace defends the agency, saying, ``It's not like we don't know what's going on with the project.''

Yet, between August and December 2006, Stackhouse submitted dozens of invoices to the trust that had already been submitted to Tremont.

The bills totaled more than $500,000, according to invoices and requisitions obtained by The Miami Herald.

His company drew down nearly $200,000 in public money using invoices from the contractor hired to build the parking garage -- even though records show the bills had been paid months earlier with the private loan.

He did the same thing with $100,000 in architect fees, $15,000 in loan fees, nearly $60,000 in engineering bills and even $17,000 in property taxes.

When asked by The Miami Herald about the double billing, Stackhouse said he tried to track the invoices and payments but could not determine whether he submitted bills to the trust that had already been paid.

''I'm not saying it's not possible,'' Stackhouse said. ``As I sit here this very second, I don't know.''

Wallace and Carey, meanwhile, admit they never monitored how Stackhouse used the private loan -- even though it was secured with county land -- and never detected the duplicate bills.

Yet there were discrepencies even with invoices submitted only to the trust.

In one case, Stackhouse triple-billed the trust for a $26,000 construction management expense -- receiving $78,000 without paying the contractor.

Stackhouse says the bill has since been paid.

The trust also paid more than $80,000 in overhead expenses and administrative fees without receipts, invoices or other supporting documents.

An additional $75,000 in project funds was drawn down using phony invoices that Stackhouse's former assistant vice president for administration, Carolina Misle, said she created on her computer.

''Dennis [Stackhouse] would come and ask me to do my magic when he needed money,'' said Misle, who gathered the information and submitted the bills to the trust and the private investment firm.

The invoices included the logo of Coa-Dal Security, which was supposedly paid for guarding an empty lot.

But company representative Mark Coats said the firm has never been paid.

''Not one copper penny,'' he said.

In fact, Coats said the company never even submitted invoices to Stackhouse's company.

To persuade the county to sign on to the project, Stackhouse said MediVector would move its headquarters to Liberty City and become the crucial anchor.

As the driving force behind the project, MediVector would lease tens of thousands of square feet in the park, according to tenant lists submitted to the county.

Also listed as prospective tenants: the multinational drug giant Wyeth Pharmaceuticals, the Massachusetts Institute of Technology and an Australian-based firm called the Brain Resource Company -- key organizations giving the proposal instant credibility.

PROSPECTIVE TENANTS 'ANCHOR' FIRM IS SMALL; OTHERS NOT INTERESTED

 

 Double billingBut in documents submitted to the county, MediVector says it has just 15 employees -- which means the company would have to grow tenfold to fulfill Stackhouse's promises to the county.

MediVector's chief, Api Rudich, would not comment.

A spokeswoman for Wyeth Pharmaceuticals, meanwhile, spent weeks trying to find evidence of a deal involving Poinciana before giving up.

''To the best of our knowledge, nothing formal has been signed with these folks,'' said Wyeth's Angela Palmari, the vice president of communications.

MIT's Center for Biomedical Innovation showed interest in doing research at the park, but Stackhouse claimed that MIT would employ 75 people and lease thousands of square feet of office space.

''No, that is not accurate,'' said Frank Douglas, the center's former executive director, who resigned earlier this month.

Center officials now say they won't be involved at all.

Stackhouse also told the County Commission that theBrain Resource Company would move its world headquarters to Poinciana, lease 200,000 square feet and hire 500 people.

''It's not true, I'm afraid,'' said Mimma Mason, Brain Resource's vice president of marketing.

``Our head office will remain in Australia , and if we do open a U.S. office, it would most likely be in Los Angeles or the pharmaceutical corridor in New Jersey .''

Stackhouse could provide no documents confirming the company's interest in Liberty City .

''I never spoke to the Brain Resource Company,'' Stackhouse told The Miami Herald.

Meanwhile, he made virtually no progress on the bricks-and-mortar side of the equation, records show.

The first phase of the park is slated to cost $125 million, and Stackhouse has repeatedly told the county he has money lined up to pay for it.

He told The Miami Herald last November that he had secured $60 million in tax-exempt bonds -- but records show he applied for just $12.5 million in 2003 and never got the money.

His application has since expired.

At a hearing before the County Commission in January, Stackhouse said that he applied for a $20 million grant from the state to help fund construction of the park and that the award was guaranteed.

''We've already been assured we'd have it, we're past that,'' Stackhouse told commissioners.

It turns out the grant is far from a sure thing. In fact, Stackhouse asked Carrie Meek to go to Tallahassee on May 1 to meet with the governor, who made no promise to provide the money.

CONSTRUCTION MONEY COUNTY BACKS GARAGE; OTHER FUNDS IN DOUBT

 Triple billingDespite the lack of financing, the County Commission agreed in January to invest $23 million more in the project by signing on to buy the parking garage that Stackhouse promises to build in the next two years.

Cost per space: nearly $15,000.

The deal was approved by County Manager George Burgess and his top aides -- Assistant County Managers Cynthia Curry and Roger Carlton.

To ensure taxpayers are not stuck with an empty garage and no other buildings in place, Burgess and his staff say they put protections into the contract to make sure the rest of the biotech park gets done.

''This guy [Stackhouse] is not going to see the first penny of the county's money until the thing is built,'' Burgess said.

Among other things, those protections require Stackhouse's company to have leases for 75 percent of one building and letters of intent for 100 percent of another.

The county also will put $1.5 million into escrow until the buildings are completed, and Stackhouse had to sign a personal guarantee that allows the county to sue him directly if he doesn't get the job done.

But less than six months later, some of those protections are breaking down. 

Stackhouse turned in the leases and letters of intent in February, but two of the three documents are signed by Api Rudich -- the president of MediVector.

According to the records, MediVector and a company called the Alliance for the Management of Substance Abuse will take up nearly 200,000 square feet in the park and pay Stackhouse more than $400,000 a month in rent -- or nearly $5 million a year.

Yet the trust's Wallace acknowledges that MediVector is ``almost like a virtual company.''

The Alliance for the Management of Substance Abuse, meanwhile, doesn't even exist. It's not incorporated anywhere. It has no employees, no board, no office.

The third lease is signed by Jackson Memorial Hospital , which plans to close two clinics in Liberty City -- where the cash-strapped public hospital pays just $80,000 a year in rent -- to open a facility in the biotech park.

The new rent: $350,000 a year, or four times what it currently pays.

The $1.5 million the county will keep in escrow is a fraction of the total cost of the garage.

And Stackhouse's personal guarantee?

The Suffolk County Courthouse in Boston is littered with judgments against the developer and his companies, and he's been accused at least twice by former business partners of hiding assets to avoid paying his debts.

In 1998, Stackhouse told a judge he was insolvent and unemployed to avoid paying a $225,000 judgment against him.

But court records and canceled checks show he had been using business accounts to pay for his son's boarding school and rent on a luxury condo in downtown Boston .

DEVELOPER QUESTIONED MOST COMMISSIONERS SUPPORT THE PROJECT

By the time Stackhouse appeared before the County Commission in January, commissioners Katy Sorenson, Joe Martinez and Carlos Gimenez fired pointed questions about financing, tenants and the wisdom of putting up money for a parking garage without any other buildings in place.

''We've been burned a couple of times before,'' Gimenez said.

In the end, the commission voted 11-2 to purchase the garage, with Martinez and Sorenson casting the dissenting votes.

''We will not let you down,'' said Commissioner Rolle.

``We know it's a good deal for the inner city. We know it's a good deal for the county.''

Stalled Liberty City project got insiders' help

Developer Dennis Stackhouse received millions of taxpayer dollars after several community leaders backed his plan for a Liberty City biotehich park that is fraught with problems.

By Jason Grotto

jgrotto@miamiherald.com

Boston developer Dennis Stackhouse arrived in Miami-Dade County with a troubled financial history and a bold plan: to develop a $250 million biopharmaceutical park in one of the neediest neighborhoods in the country.

He had no financing to build buildings, no tenants to fill them, and no experience constructing the high-tech facilities required by pharmaceutical companies to test and manufacture drugs.

What he did have: an all-star lineup of lobbyists, lawyers, consultants and politicians who drummed up support -- and, in some cases, millions of public dollars -- for a biotech project in Liberty City that after four years consists of only a lot cleared for a parking garage.

His roster includes a powerful county commissioner, a former chairman of the state House Appropriations Committee, a board member of Jackson Memorial Hospital and the mother of a powerful U.S. congressman, herself a former congresswoman.

As the biotech park stalled and Stackhouse diverted more than $500,000 from a county poverty agency through double billing and dubious expenses, he spent hundreds of thousands on political insiders in Miami , Tallahassee and Washington , a Miami Herald investigation found.

Former U.S. Rep. Carrie Meek, who has a street named after her just blocks from the proposed park, received at least $40,000 from one of Stackhouse's companies, a leased Cadillac Escalade and a 2,600-square-foot office for her foundation, rent-free.

She was paid as her son, U.S. Rep. Kendrick Meek, requested millions of federal dollars for the biotech project, congressional records show.

County Commissioner Dorrin Rolle, who represents Liberty City , received thousands for his campaign coffers and a $10,000 donation to the nonprofit social-service agency that pays him $177,000 a year.

Lobbyists, lawyers and consultants took in hundreds of thousands more.

Today, the Poinciana Biopharmaceutical Park is little more than a collection of vast empty lots on a swath of land where nearly 30 years ago politicians promised to heal the wounds of the worst race riot in Florida 's history.

'' Poinciana Park has failed the community for over 20 years. The biotech deal is not the answer,'' said Gihan Perera, the executive director of the Miami Workers Center in Liberty City . ``This valuable land must be used to serve the deep economic and housing needs of Liberty City residents.''

Kendrick Meek defended his involvement in the project, saying he grew up in the neighborhood and supported the project because he believed it would revive Liberty City .

He said "there is absolutely no connection" between his efforts to fund the project and his mother's involvement with Stackhouse.

''She's never asked me -- and I will be very clear -- to do any appropriations on behalf of the biotech park,'' he said.

Carrie Meek said she is a private citizen and was paid by Stackhouse as a consultant for the project.

She said she never lobbied her son on behalf of the developer or had any role in securing public money for the biotech park.

"I did not ever discuss the biotech park . . . with my son," she said. "I have been in public service for over 37 years and pride myself on the fact that I have maintained my reputation and integrity throughout my tenure."

Stackhouse also said Carrie Meek had nothing to do with her son's requests for federal dollars.

"It's totally unrelated," he said. "Trust me."

As a relative newcomer to Miami-Dade, Stackhouse benefited from an abundance of access and credibility as he moved to secure acres of public land and millions of tax dollars set aside to fight poverty.

Nothing helps explain his success more than his relationship with Carrie Meek, who spent a decade in Congress as one of Florida 's first black lawmakers since Reconstruction.

Meek told The Miami Herald that her involvement in the biotech park began in 2003, when Stackhouse approached her to become a consultant. She said her agreement with Stackhouse lasted until mid-2004.

''I searched her out,'' Stackhouse said. ``In the inner city, depressed areas, perception is nine-tenths of the battle. She's like Mother Teresa.''

In March 2004, Carrie Meek lent her name to a nonprofit created by Stackhouse called the Carrie Meek Biopharmaceutical Institute.

Invoking the name of the former congresswoman from Liberty City lent Stackhouse's proposal instant credibility.

The institute was supposed to be a partnership between Miami Dade College and Florida A&M University , one that would train hundreds of workers and students to manufacture drugs in the biotech park.

But records and interviews show that the nonprofit exists only on paper, with Stackhouse as the sole officer.

There is no building. There are no students. And the institute hasn't trained a single worker since it was created three years ago.

In June 2005, Carrie Meek showed up at the park's lavish groundbreaking ceremony.

''It's no secret,'' Meek said at the event. ``The primary problem that has plagued our Liberty City community for generations is the absence of available jobs and educational opportunities.''

Since then, however, nothing has been built, and the park is months behind schedule.

Despite the delays, Meek said she hadn't talked with Stackhouse in detail about the project since the groundbreaking.

''I am not involved in the day-to-day, week-to-week work,'' she said.

Then, in April, Stackhouse approached her about traveling to Tallahassee to meet with Gov. Charlie Crist and rally support for a $20 million state grant for the park, she said.

During the meeting, Meek was direct: ``Governor, we'd like to ask you today whether or not we can count on your support for this project.''

Crist promised to review the deal and visit Liberty City but declined to support the funding at the time.

Although Meek does not appear as a consultant on any document related to the project, bank records obtained by The Miami Herald show that a Stackhouse company paid her at least $40,000 between February and December 2004.

''I briefly served as a paid consultant for Dennis Stackhouse, advising him on community needs and issues, community-based groups and problems,'' she said.

For the past two years, she has had the free use of a luxury car registered to one of Stackhouse's companies, records show.

Meek said the car is part of ''an in-kind contribution'' to her nonprofit, the Carrie Meek Foundation.

Stackhouse, however, said she needed the car to work on the biotech park.

Records obtained by The Miami Herald show that he tried to pay for Meek's car lease with project money from a private loan he received using county land as collateral. But when he submitted the $3,998 car bill, the lender refused to reimburse him for the expense.

That prompted an exchange between Stackhouse's assistant vice president of administration and the loan officer for the Boston investment firm, according to e-mails obtained by The Miami Herald.

''This car is used by Congresswoman Meek, she is part of the BIOPHARMACEUTICAL INSTITUTE as a tenant and liaison with Jackson Memorial, [Florida A&M] & [Miami Dade College]. Why would this not be covered under Public Relations?'' the bookkeeper wrote in a July 2006 e-mail.

The loan officer provided a curt response: ``I know what it's for -- I can't justify paying for her car!''

Canceled checks show that Stackhouse used the biotech park's bank account to make at least some of the lease payments.

Other than the private loan, the only source of funding for Poinciana is a $3 million interest-free loan from the Miami-Dade Empowerment Trust, a county-funded nonprofit poverty agency that is overseeing the biotech park.

Stackhouse acknowledged that he used project funds to pay for the car, saying, ``This was a Poinciana [ Biopharmaceutical Park ] expense.''

Besides money and cars, a Stackhouse company also provided the Carrie Meek Foundation with free rent on a 2,600-square-foot office in his building in Opa-locka, according to rent rolls obtained by The Miami Herald and interviews with Meek and Stackhouse.

While Carrie Meek received tens of thousands of dollars and a free car from the developer, her son moved to secure millions of federal dollars for the park. In 2004, Kendrick Meek obtained a $72,750 earmark in the federal budget to fund the park -- six months before the county signed a formal deal with Stackhouse.

The congressman helped get a $1 million labor grant for Miami Dade College in June 2005 to ''train 800 technicians and related workers for the [Poinciana] Biopharmaceutical Park,'' according to a press release from the congressman's office.

Then, in April 2006, he requested $4 million in federal funds for Stackhouse's project, according to appropriations requests obtained by The Miami Herald.

Meek failed to obtain the funds last year, but documents submitted by Stackhouse to the county since then show that Meek has requested money again this year.

Meek said that the requests were handled by his staff and that his mother held no sway in the efforts to get federal money for the park.

''There's a lot going on in this office,'' he said. ``It's a staff-driven process.''

In Miami-Dade, Meek chaired a county anti-poverty task force that in 2004 loaned a Stackhouse company $2.2 million for the building it owns in Opa-locka -- where the Carrie Meek Foundation receives free office space.

Kendrick Meek said that he could not recall details of the loan from the Urban Revitalization Task Force and that he never played a large role in the organization. Records from task force meetings show that Meek didn't vote on the loan and was not present when the loan was approved.

For more than a year, Stackhouse has failed to make payments on the loan and now his company owes the county more than $140,000, records show.

In 2005, the same task force awarded a different Stackhouse company another $3 million loan, this one for the Poinciana Biopharmaceutical Park in Liberty City .

The task-force chairman at the time: Anthony Williams, Kendrick Meek's former chief of staff and now executive director of the Carrie Meek Foundation.

Because Stackhouse has failed to deliver a single building for the park, he hasn't drawn down that money. But the developer is still required to make interest payments.

To date, his company owes the county nearly $70,000 in late payments.

Between the two loans, Stackhouse's companies now owe Miami-Dade County more than $200,000.

Inside County Hall, no one has been more vocal in pushing Stackhouse's troubled project than County Commissioner Dorrin Rolle, whose district includes the biopharmaceutical park.

Rolle was the driving force behind the county's decision to purchase a $23 million parking garage for the park, although Stackhouse acknowledges that he has no financing to pay for the buildings to go with it.

Rolle even asked to move the deal through the commission a month early, records show. ''The purpose of this request is to fast-track . . . this project that substantially benefits District 2 and Miami-Dade Community as a whole,'' Rolle wrote to commission Chairman Bruno Barreiro in January.

Along the way, Stackhouse, nine of his companies and three employees contributed $8,000 to the commissioner's 2006 reelection campaign, according to records and interviews.

In May 2006, seven months before Rolle urged fellow commissioners to support the parking garage, Stackhouse used another $10,000 in project funds to make a donation to the nonprofit agency headed by Rolle, the James E. Scott Community Association.

''We've been trying to develop Poinciana since I was knee-high to a grasshopper,'' Rolle later told his fellow commissioners.

Rolle did not respond to repeated calls and an e-mail seeking comment.

Stackhouse also spent more than $100,000 meant for the biopharmaceutical park on lobbyists in Tallahassee and Washington -- even as the project fell months behind schedule.

When seeking a $20 million appropriation in the state budget during last year's legislative session, for example, he paid thousands to the Tallahassee office of lobbying powerhouse Buchanan, Ingersoll & Rooney. He didn't get the money but was back again this year, pushing for the $20 million.

This time, he had five lobbyists promoting the biotech park -- including the former chairman of the state House Appropriations Committee, Republican Joe Negron of Stuart.

Five months before applying for the money in January, Stackhouse used $10,000 in project funds to contribute to the Florida Republican Party, according to campaign finance reports.

State Rep. Adam Hasner, a Republican from Palm Beach , and Sen. Mark Haridopolis, a Republican from Melbourne , agreed to sponsor Stackhouse's application, even though neither lawmaker represents the county that would benefit from the project. They couldn't be reached for comment.

The Legislature did not approve the request, so Stackhouse applied for a $20 million state grant and asked Meek in May to urge the governor to support it. The application is pending.

According to project records, no firm has made more money lobbying, consulting and lawyering for the biotech park than the Miami law firm Akerman Senterfitt.

Records from the Stackhouse company developing the park show that the law firm has received more than $250,000 in project funds during the past four years.

As many as a half-dozen Akerman lawyers have lobbied state and local leaders, handled lawsuits against the developer, and even fought a records request by the Miami-Dade Ethics Commission, which was investigating an Opa-locka city commissioner whose nonprofit received free rent in Stackhouse's building while the commissioner voted to give his company tax breaks.

In all, Stackhouse companies received commitments for nearly $30 million in public money from county leaders since he began to push the biotech park in 2003.

That includes $23 million the County Commission approved to purchase a parking garage that the developer says will be built in the next two years -- even though the garage is already months behind schedule and there is no money to put up buildings to go with it.

''This little project that couldn't has turned doubters into believers,'' Commissioner Rolle said after the vote.

Drought a welcome reprieve for rivers

By RACHEL SIMMONSEN

Palm Beach Post Staff Writer

Monday, June 25, 2007

On land, the drought means shrinking ponds and lawns that crunch underfoot.

For local rivers, it means relief.

Months of below-normal rainfall have been a boon for the St. Lucie and Indian rivers, where toxic algae blooms, unhealthy levels of bacteria and chocolate-brown water were the norm two years ago.

"The river really looks wonderful, the best it's looked in years," Kevin Stinnette, executive director of the Indian Riverkeeper group, said of the Indian River . "We're very thankful for this drought."

Things also have improved in the St. Lucie River, where diminished rainfall and the lack of freshwater discharges from Lake Okeechobee have pushed up salinity levels and helped clear the water. Scientists now can see as far as 1.6 meters below the surface of the St. Lucie River, said Chris Ashworth, an environmental specialist with the Florida Department of Environmental Protection. Two years ago, anglers complained the water was so murky that they lost sight of their fingers as soon as they dipped below the surface.

Rebounding salinity levels mean oysters are thriving, and that could improve clarity even more, said Mark Perry, executive director of the Florida Oceanographic Society. His group has partnered with Martin County to try to restore the river's historic oyster population since the shellfish can filter up to 50 gallons of water a day.

Salt levels just right

Organizers had hoped to launch the oyster program two years ago, but massive discharges from Lake Okeechobee meant the St. Lucie River was too polluted and not salty enough for the oysters to survive. Instead, the program was launched a year ago, once discharges diminished.

Today, nearly 60 volunteers grow oysters under their docks for about two months, or until the shellfish are about 2 or 3 millimeters wide. Then a research specialist from the oceanographic society collects them and adds them to an oyster bed in the St. Lucie River near Martin Memorial Medical Center .

"They're doing really well, especially in the South Fork," Florida Oceanographic Society research specialist Heather Hitt said of the oysters. Salinity in the South Fork has been high enough to satisfy the oysters but not so high it kills the algae they eat.

Higher salinity also means rebounding sea grass, particularly in the Indian River , Riverkeeper's Stinnette said. Many of the grass beds were wiped out by the 2004 and 2005 hurricanes, then smothered by the polluted discharges from Lake Okeechobee that continued through April 2006.

Along with sea grass, fish populations appear to be growing.

"Typically, when you see a lot of fresh water for an extended period of time, it kind of pushes fish out toward the ocean," said Jim Whittington, a biologist with the Florida Fish and Wildlife Conservation Commission.

With salinity shooting up in the St. Lucie River, scientists are spotting more croakers, drums and bait species, Whittington said.

Port St. Lucie angler Phil Tafoya said a neighbor caught a 3-foot bull shark off his dock in the North Fork a few weeks ago.

"We're definitely seeing a lot more fish than we have in years," Tafoya said.

Celebrating what's missing

The benefits of the drought are seen not only in what has returned to the rivers, but what's missing. Gone are the massive blooms of blue-green algae that blanketed parts of the lagoon in 2005 and were spawned in part by lake discharges.

Gone too are the unhealthy levels of fecal coliform bacteria, which prompted health officials to warn against touching the water in parts of the St. Lucie River that year. The DEP's Ashworth said water monitoring about every month and a half this year has turned up no excessive levels of the bacteria, which can cause intestinal illness and infections in eyes and ears.

Still, the drought hasn't cured all the rivers' ills, activists say.

"It's going to be a really long recovery process," said Kevin Henderson, executive director of the St. Lucie River Initiative.

Accumulated pollutants have created a layer of muck that covers much of the river bottom, and whenever there's enough wind or boat traffic to stir it up, "then it's all back to chocolate milk again," Henderson said. "Until we get the muck sediments removed, we're not going to see significant improvement in water quality."

Activists are counting on Congress to pass the Water Resources Development Act this year, despite failing to do so for the past several years. If approved, the measure would include funding to remove about 7.5 million cubic acres of muck from the St. Lucie Estuary, Perry said.

Activists also realize the drought won't last forever, and they worry that without changes to water management policies and facilities, the St. Lucie and Indian rivers will be harmed once again.

"This is an anomaly. This is not the norm," Stinnette said of the diminished rain.

Like other river activists, he has called for a large, marshy flow way south of Lake Okeechobee so water managers can send more water south when the lake swells with rainwater.

"My concern is when we have big tropical systems roll through and dump a lot of rain in a short period, which is sure to happen," Stinnette said. "I'm sure that we will be back in the same boat, because nothing has really been fixed."

Preservation honoring son reaps award

The Land Conservationist of the Year turned grief into Forever Florida for everyone.

 

Katie Powalski | Special to the Sentinel

June 24, 2007

HOLOPAW - What started as a way to honor a life has become a lifelong project for a local conservationist.

Dr. William Broussard is being honored with the Land Conservationist of the Year Award by the Florida Wildlife Federation.

The recognition is one of 13 the organization gives annually to individuals, companies or other entities who have worked on behalf of Florida 's fish and wildlife and native habitats.

 

Broussard is being credited for the preservation and restoration of Forever Florida, 4,500 acres of land in Holopaw, along with educational programs and access he provides for the community.

"I just feel like a lot of people don't understand nature anymore," Broussard said. "This is the first generation that has not really been exposed to the outdoors."

Wildlife Federation vice president and general counsel Preston Robertson said conservationists statewide are impressed with the amount of restoration at Forever Florida since it opened in 2000.

 I've been all over the country and was still shocked the first time I visited," Robertson said. "What Dr. Broussard is accomplishing as an individual is quite unique. Forever Florida is a model for restoration projects everywhere."

 

Along with his wife, Margaret, Broussard established the Allen Broussard Conservancy in 1991 to honor their only son, who died of heart-transplant complications related to several years of treatment for Hodgkin's disease. Allen Broussard, a biologist who was working on his doctorate at the time of his death, had wandered the land that is now Forever Florida as a child and expressed his hope that it could be preserved.

In what turned out to be fortunate for the Broussards, the land next to their own ranch had remained protected because of a land scam in the 1970s that had divided the largely nonbuildable land among 500 owners. Since the conservancy's founding, the Broussards have worked to buy the land from the owners, piece by piece.

 

"Originally we approached state conservancy groups to help us, but they were not interested in getting involved in land that had hundreds of individual owners," Broussard said.

With the original funding from their son's memorial fund, more than 8,000 acres in eastern Polk County formed the Allen David Broussard Catfish Creek State Preserve, which is now completely operated by the state.

"We were happy about the first preserve but still felt like we hadn't accomplished what Allen had asked for," Broussard said. "That's when we really started to look at ways to acquire this land and follow through on our promise to our son."

Both William and Margaret Broussard have been certified as burn managers by the state and oversee prescribed, or planned, burning of land as a natural rejuvenation process.

"We have to thank our three daughters as well, because they have been nothing but supportive of our spending their inheritance and our retirement money on this project," said William Broussard, who still takes patients as an ophthalmologist at least four days each week.

When he is not at his Melbourne office, he spends his days at his "second office," one without walls or boundaries out in the wilds of Osceola County .

 Just say no to total extraction of Florida 's water

If you've ever plunged into one of Florida 's many cool springs on a hot summer day...

If you've ever felt restored by boat or canoe trip down one of Florida 's many rivers...

If you've ever dived into an underwater cave and been awestruck by nature's beauty...

If you've ever stood on a riverbank and caught a fish, or been struck by the glimmer of hundreds of lightning bugs on a summer evening...then you should know that there's no guarantee that your children and grandchildren will be able share these experiences.

With Florida 's population exploding, and the demand for water increasing not just statewide but worldwide, our rivers and springs are increasingly vulnerable to human damage.

Yes, rivers and springs go through natural cycles of drought, flood and everything in between. Because of population growth and increasing demands for water resources, however, human beings are now in the unique position to add major cumulative effects of our actions to long-established natural cycles.

Our rivers and springs are fed by the Floridan Aquifer, the underground water supply that extends throughout a large portion of the southeastern United States . The aquifer is increasingly threatened by human activity, including pollution from nitrates that seep into our water from fertilizer and human and animal waste.

The aquifer is also threatened by the increasing demand for bottled water. Within a three-mile stretch of the Santa Fe River , there are currently three permits for water extraction, with two more permits being requested.

The cumulative effect of all five permits, should they become active simultaneously, would be the withdrawal of over one billion gallons of water from the Santa Fe River area each year.

Unlike water that is used for agricultural purposes, some of which returns to the aquifer, water that is pumped for bottling is water that is totally extracted; no part of it ever returns to the aquifer.

Common sense tells us, and practical experience demonstrates, that total extraction is not good for the environment. When water levels fall in the aquifer, wells can go dry or collapse. Springs and lakes can shrink or dry up. River levels can drop. Where our rivers meet the sea, saltwater can intrude on freshwater. The resulting changes in the ecosystems supported by our rivers and springs can, in turn, have negative effects on plants, animals and humans.

Florida has more first-magnitude springs than anywhere else in the world. People come from all over the world to experience our crystal-clear springs and explore our rivers. All those people spend money at local businesses.

Those of us who grew up here, and those who visit for a day, a week or a month, all know that what we have here cannot be replicated. So it becomes our job - perhaps even our sacred duty - to make sure that our children and grandchildren can have the same kinds of experiences that we have enjoyed along the river.

How can we help?

First, stop drinking bottled water. There's money to be made from this product because there is public demand. If demand dries up, requests for total water extraction permits will dry up as well. If you don't like the taste of your water, investigate home filtration systems, spend a little money to put a filter on your faucet or buy a pitcher with a replaceable filter. If you need to take water in your car, invest in a thermos.

Educate yourself. Find out what you can do to reduce the amount of water that you use. Do you really need a large lawn? Maybe your family and your neighbors would enjoy a native plant garden that attracts birds and butterflies. Think of what you could be doing on the weekend if you didn't have to mow.

If your home has a septic tank, make sure it is well maintained. Try not to use too much fertilizer. Know that permits for water extraction are issued by the regional Water Management Districts, and permits for water bottling operations are issued by your local county commissions. These decisions are political in nature, so you have a right as a citizen to be involved and to be heard.

Finally, please tell your local officials that you do not want total extraction of water from our aquifer, our rivers or our springs. Tell them you don't want springs with only minimal flows; tell them you want healthy, thriving rivers and springs. Tell them what you're willing to do to help.

Do these things for the next seven generations of people - people who will call Florida home, or come here to visit - because our water is our greatest treasure.

Lucinda Faulkner Merritt lives in Fort White and works for an ad agency in Alachua.

Planner to offer ideas for I-75 alternative

Officials will hear about routes for north-south alternatives to I-75

By FRANK GLUCK

frank.gluck@heraldtribune.com

MANATEE COUNTY -- State transportation planners have found possible "pathways" for a proposed north-south highway to serve as an alternative for the increasingly congested Interstate 75.

These areas, in a 10-county region that includes Manatee, Sarasota and Charlotte counties, are considered environmentally suitable for such a large construction project.

But actual work, if it comes at all, would likely be decades away.

"This is not a solution for today," said Ming Gao, a Florida Department of Transportation project manager. "This is considered a long-range exercise."

Gao will present his findings today to the Sarasota-Manatee Metropolitan Planning Organization, a group of mostly elected officials who set regional transportation priorities.

The DOT is in the early phases of this New Corridors Study, which is examining possible transportation alternatives between Hernando and Charlotte counties.

Another option is widening I-75 to 10 lanes, which the DOT is also considering.

Both options would require both political will and considerable funding, no certainty in these days of dwindling transportation dollars.

Planners are considering a variety of funding ideas, including the use of bonds, tolling, or some sort of public-private arrangement, said Michael Howe, executive director of the MPO.

Transportation officials insist there is a need for more roadway. The population in the study area is expected to jump 80 percent by 2030, according to the DOT.

Yet an alternate route to I-75 could prove controversial. Some local politicians worry that such a roadway would drive development farther east in mostly rural areas and further exacerbate the traffic congestion problem.

"We really don't want a new corridor to create new development in those areas," said Manatee County Commissioner Joe McClash.

Sarasota County 's urban development boundary generally stops at the west side of I-75.

Developers in Manatee County have laid claim to much of north county, on both sides of I-75. But inadequate roads have stalled many of those projects, creating a de facto moratorium on development.

COUNTYWIDE

St. Pete Times news brief

Contractors with Florida 's Turnpike Enterprise are conducting field activities in Hernando and Citrus counties associated with the Suncoast Parkway 2 Project in Citrus County . As part of the data-gathering process, engineers, surveyors, planners and environmental scientists are performing research, inspections and surveys. The work is being done by Dyer, Riddle, Mills and Precourt Inc., Bowyer Singleton and Associates and Reynolds, Smith and Hills, along with those organizations' consultants. The field work is expected to continue for at least a year. During this time, access to public or private properties might be required. Call (813) 558-1117.

 

Watering Limits Dry Up Revenue For Utilities

The Associated Press

Published: June 25, 2007

WEST PALM BEACH - Water utility managers are concerned about red ink in their future as South Florida lawns turn brown under tough watering restrictions.

South Florida utility managers are reporting significant drops in water usage - and revenue - since a drought triggered strict water restrictions in April.

West Palm Beach , for example, has lost about $500,000.

'Our average water output is 34 million gallons a day; that is usually what we sell,' said West Palm Beach public information officer Peter Robbins. 'We've dropped to as low as 17 million on some days, which is phenomenal. It's a great conservation record, but we're selling a product, and all of a sudden we're selling half of it.'

In May, the South Florida Water Management District imposed the region's most severe water restrictions on record, attempting to cut water usage by 45 percent. Violators faced steep fines as Florida struggled with some of the worst drought conditions on record.

Lake Okeechobee, a backup drinking water source for millions in South Florida and the lifeblood of the Everglades , dwindled to record lows.

The drop in water revenue comes as Florida cities are bracing for budget hits from the impact of state-mandated property tax cuts. Meanwhile, the South Florida Water Management District is considering year-round restrictions.

A permanent drop in usage could lead to deferred maintenance, surplus charges for high-end users and rate increases, utility managers said. No rate increases have been proposed yet.

'We do have some cash reserves, and that's what they're there for,' said Peter Mazzella, a deputy utility director in Boynton Beach .

Auburndale CRA Offers Developers a Deal


AUBURNDALE -- The Community Redevelopment Agency is providing some relief to developers who want to build residential and commercial projects within the CRA district.

They will no longer have to pay police, fire and recreation impact fees in the CRA area.

While city officials will waive the fee, they still will be able to recoup the cost through the CRAs coffers.

For instance, if the measure was on the books for the current budget, the CRA would’ve had to pay the city $14,000 in these fees.

The waiver will also extend to those who expand existing commercial buildings or homes or if there is a change of use on an existing building, said Andy Stewart, assistant city manager.

“The CRA is hopefully going to attract businesses because of the incentives for the developers not having to pay the impact fees ,” Stewart said. “The CRA’s goal is to promote economic development and we view this as a tool.

“The city benefits from this because it also gets new development within the city limits,” Stewart said. “It might help a smaller business who wants to open its doors because of the initial costs of impact fees.”

The CRA boundaries is bordered by Lake Ariana on the north, Holton Road to the south, Derby Road on the East and King Street on the west. It also includes the entire downtown district.

This wasn’t the first time the city and the CRA took this type of action.
In 2002, both groups waived impact fees except for water and sewer for Coca-Cola to build its new facility on Main Street . Polk County also waived its impact fees.

The CRA reimbursed the city what it would’ve collected on the deal.

The move is prompted by the County Commission ’s action it took in May to adopt a new consolidated impact fee ordinance that allows for the same arrangement used in 2002 for all future development activities in the Auburndale CRA area.

The county’s measure hinged on the city waiving its impact fees, excluding water and sewer. The CRA will adopt at a later date an interlocal agreement with the county for the incentive program.

Board members are excited about the plan.

Mayor Marvin Wiley said the waiver is a great incentive for businesses, especially mom-and-pop entrepreneurs who want to open in the downtown area.

“It’s not going to hurt Auburndale because we’re going to get our money back.”

Merissa Green can be reached at merissa.green@theledger.com or 863-401-6968.

Firm guidance needed on roads, growth

A St. Pete TIMES EDITORIAL
Published June 25, 2007

When it comes to transportation and sprawl, Charlie Crist says one thing and does another. The governor signed a bill Tuesday making it easier for the state and private companies to build new toll roads. To ease concerns the law will encourage roads to nowhere, the governor accompanied the bill with a statement calling for better efforts to control growth. Yet that was the same day he signed another bill weakening the very laws that control development. Crist is sending mixed messages and managing one of the state's biggest challenges in piecemeal fashion.

HB 985 allows investor-owned companies to lease existing toll roads and build new ones. The state would get a cut. It also would double its bonding capacity, to $10-billion, for new toll projects. This cash-now strategy ensures the public freeways will further deteriorate as a dual transportation system takes root - one for people who can afford to bypass public roads and another for everybody else.

Adding capacity is fine, and toll roads, which meet a niche demand for speed, access and service, should be part of Florida's long-term transit solution. But this law does more than add capacity. It encourages new corridors where none exist and gives the state, through revenue-sharing, a financial incentive to push development into rural Florida.

Environmental groups had asked for a veto. But all the governor delivered Tuesday was a signing statement. He said existing roads were the priority, as was improving "the link between growth management and transportation." That is precisely what this law undermines. Joint ventures with developers could last 75 years, under contractual arrangements that could not only compromise the ability of state and local governments to make sound growth, transit and environmental decisions but lock in those mistakes for generations. The bill's legislative intent was clear: "Foster economic growth and development."

Signing statements cannot rectify statutory language a governor signs. Crist approved a bill that calls for "reduced state oversight" of local planning in some of Florida's urban areas. It creates pilot projects in Pinellas and Broward counties, and in Tampa, Jacksonville, Miami and Hialeah, to fast-track land-use decisions - moves that also counter the governor's stated commitment to growth management.

Crist needs to form a comprehensive policy on transportation and articulate his vision for how Florida should grow in the coming century. His mixed messages make planning difficult and risk alienating people on every side of the development debate.

Growth creating gridlock on roads

Development is supposed to stop when roads get too congested. But politicians and developers are finding exceptions to the rules.

Sandra Pedicini

Sentinel Staff Writer

June 25, 2007

Traffic jams madden drivers throughout Central Florida because many roads handle more cars than they are supposed to, or close to it.

A policy called concurrency is supposed to stop development if the roads are too crowded. But that rarely happens.

Many policymakers argue that concurrency is a failure because it encourages sprawl. In theory, it forces development outward to where roads haven't been congested yet. That "consumes unspoiled land and requires that you have to build roads to get there," said Jon Peck, a spokesman for the Florida Department of Community Affairs, which regulates growth.

There are ways around it.

Some cities have chosen to establish "transportation concurrency exception areas." More than 30 communities across Florida have designated portions of land -- sometimes, huge ones -- as TCEAs.

Even though roads are congested, development can continue as long as planners encourage transportation alternatives such as buses and carpooling and plan for dense development.

Orlando planners say the city's exception area has allowed big downtown redevelopment projects that might not have otherwise existed because, realistically, there's no way to widen the streets.

"All of this high-rise development downtown probably would have had trouble," said Kevin Tyjeski, Orlando's chief planning manager.

The exception area takes up almost half the city limits, but Tyjeski said it makes sense because so much of the city has been densely developed.

TCEAs took hold in 1990s

The exception areas were designed in the mid-1990s after it became apparent that there were many problems with tying development to road capacity, said Tom Pelham, secretary of Florida's Department of Community Affairs.

Among the problems Pelham cited: Traffic-study numbers can be manipulated. Also, policies allow developers to buy their way out by paying for partial transportation improvements.

There are many ways to measure whether roads are too crowded, and different agencies use different methods -- sometimes yielding conflicting results.

What it all means is that despite so many crowded roads, concurrency rarely puts a stop to growth, said Pelham, who was recently in Orlando for his agency's growth-management summit.

While at times project sizes might get reduced, Pelham said, "I think in practice, the players generally find a way to get approval" of their developments.

Proponents of the exception areas say they instead require cities to consider other ways of moving people around besides simply widening roads. Many exception areas are in places where the city is trying to encourage redevelopment, often downtowns.

Widening roads to allow more cars to travel comfortably often isn't the answer in those places, many say.

"The great cities of the world get to a point where the automobile is no longer the preferred method of transportation," said Charles Lee, director of advocacy for Audubon of Florida.

Sanford already has an exception area in its downtown along Lake Monroe. Now the city, along with Seminole County, is trying to create another one along U.S. Highway 17-92 south of downtown, an aging road where officials hope to attract vibrant new businesses.

Altamonte Springs is having public hearings on the exception area it will create for the city's central core. That includes the Uptown Altamonte development of high-rise apartments and condominiums, shops and offices.

Maitland also wants to establish an exception area for the portion of U.S. 17-92 that it wants to redevelop.

There has also been informal talk of exception areas in Tavares and Casselberry.

While many "smart-growth" proponents say it's advantageous to allow parts of cities to opt out of the road-capacity requirements, others say things have gone too far.

Have cities overreached?

Many governments have very small exception areas, but other planners have exempted huge portions of their cities.

In Tampa, where planners say more than 30 percent of the roads are operating at failing levels, one member of the local transportation-advisory board wants the exception area scaled back from its current size of more than 40,000 acres.

"That's a horrible thing," said Margaret Vizzi, a Tampa resident. "All of this development is occurring, and they don't have to pay a bit of attention to traffic."

Cities say they have encountered little resistance from residents or state officials when establishing exception areas. Peck could not cite an instance when the DCA, which oversees growth management, had blocked an attempt for one.

But officials said requirements for exception areas have become tougher since the Legislature enacted a growth-management overhaul in 2005.

Not just anything can get exempted. There are limits on amounts of vacant land and requirements for dense development.

And "you don't just forget about mobility," said Mike McDaniel, chief of comprehensive planning for DCA. Programs must be in place to encourage other modes of transportation, he said.

Putting onus on employers

In Sanford's first exception area along Lake Monroe, commercial developments with 50 or more employees will have to help pay for transit or create a program that details how employers will reduce employees' time on the road. That could include plans for on-site day care or incentives for carpooling.

Still, Sanford principal planner Antonia Gerli said it's uncertain how the city will make sure employers follow their plans. "Those are issues that probably need to be worked out still," she said.

And other goals have not been met. For example, the city was to encourage Lynx to start Sunday service and increase its frequency in the area by 2006, but the service has stayed the same, city officials said.

Many of the roads within Central Florida's exception areas aren't yet over capacity, but they can still be miserable to drive on during the wrong times -- namely, rush hour. And the roads are expected to get increasingly crowded as time goes on. Many more major roads will be over capacity, transportation officials say, unless there are radical changes in planning and more emphasis on alternate ways of getting around.

In Altamonte Springs, where State Road 436's capacity is considered close to a failing level, much of the development in its core commercial and business area doesn't have to meet concurrency standards because plans were approved in the 1980s, before current policies went into place. But having an exception area would likely make approval of land-use changes easier.

In the meantime, other cities are looking at variations on the theme.

In Kissimmee, officials are considering a similar type of district for downtown. Concurrency isn't ignored, but it has a more flexible definition.

City officials must fix transportation problems "with alternate modes of transportation," said Craig Holland, the city's development-services director. "Walking is the big one. Bicycle paths, buses."

Sandra Pedicini can be reached at spedicini@orlandosentinel.com or 407-322-7669.

 


A recent editorial in The News-Journal has its heart in the right place, but its logic backwards.

The Volusia Council of Governments has endorsed a "Map A" which its representatives believe shows a "conservation corridor" of "environmentally sensitive lands [which should be] conserved for future generations." No one disputes that "Map A" does a good job of identifying these lands.

The editorial (June 19, "Let's make clear, Volusia, what land's to be preserved"), however, suggests that Volusia's cities and County Council should not adopt Map A without first knowing the land use rules which will apply to these lands. For example, the editorial suggests that because the resolution adopting Map A agrees to use "smart growth tools" such as transferable development rights (TDRs) to conserve the lands, then we should not rush into adopting the map because "TDRs can be very good or very bad."

This is dangerous logic. There will always be land use rules for every category of land, and they will be debated and tinkered with forever no matter what this resolution says. Let's leave that argument to another day; there is nothing you could put in the Map A adoption resolution that could prohibit future land use regulation even if you wanted to, with or without TDRs. But without a map showing which lands at least should be preserved, there is nothing to fight over.

Adopting a map which agrees which lands should be protected is an enormous step, the most important step, and a step without which all further argument is irrelevant.

Monroe County (the Florida Keys) made this mistake and they are paying for it. They had "visioning" meetings in the 80's and 90's, and after long years of fighting in the courts finally got some good land use rules to protect environmentally sensitive lands, including a requirement to adopt a map identifying which lands should be protected. Ten years later there still is no map. The lesson: Identify the areas you want to protect now, while you can. It will take years to work out the rules of how to protect them.

Let's make a big first step and at least agree on what to protect, and let's do it now.

Morgenstern, an environmental attorney, is a landowner in Seville and serves on the agriculture subcommittee of the Volusia County Soil and Water Conservation District.

Living's easy in a place not so far away

A group is in need of funds to keep parts of North Florida that way for years to come.

On the banks of Sisters Creek, Jacksonville slows down.

Boats drift, insects buzz. White ibises glide through the sticky Florida heat.

"Everything here, 360 degrees, will stay like this forever," said Mark Middlebrook, president of the North Florida Land Trust. "It will never change."

Throughout the Timucuan Preserve, smaller privately owned parcels perforate the federal-, state- and city-owned natural lands. Middlebrook's group is trying to bridge those gaps.

The group is studying the area and trying to drum up funds to make homeowners offers before developers do. A similar effort is taking shape in fast-developing St. Johns County.

In both areas, the goal is to promote wildlife corridors, keep surface water clean, and capture a piece of undeveloped Florida for future generations to enjoy.

Money may be a problem, though, as local governments and nonprofit agencies begin learning how state property tax reform could significantly affect funding.

St. Johns County Commission Chairman Ben Rich said land preservation is a concern as areas like the northwest portion of the county boom with growth.

"When we do have some breathing room in the budget, I hope this takes precedence," he said.

One area in St. Johns County under the land trust's eye is Nocatee, a 15,000-acre development situated along the Intracoastal Waterway.

Greg Barbour, president of the PARC Group, Nocatee's master developer, said roughly two-thirds of the area near Ponte Vedra Beach already is in preservation plans.

Setting aside lands in the development helps boost the quality of life for residents, Barbour said.

In addition to his duties with the land trust, Middlebrook chairs St. Johns County's land acquisition and management program. He previously served as director for Jacksonville Mayor John Delaney's preservation project, which set massive tracts of land off-limits to developers.

The current division chief for the preservation project, Nathan Rezeau, said the city supports the North Florida Land Trust's intentions to protect land.

Middlebrook said the projects in Duval and St. Johns counties will be taking shape by autumn.

The North Florida Land Trust is a nonprofit group based in St. Augustine that oversees $867,335 in property assets, according to information published by the organization. Members say the plans coming together for the Timucuan Preserve and St. Johns County will help accelerate the group.

"Government can't do it by themselves," Middlebrook said. "In the community, people read about these projects and think they're done, but they're not done and we could use community support."

david.hunt@jacksonville.com, (904) 359-4025

naplesnews.com

'Loving Mother Nature to death?'

Debate raging over proposed powerboat restrictions for Everglades park

Originally published — 5:02 p.m., June 23, 2007
Updated — 11:08 p.m., June 23, 2007

— In the summer, the labyrinthine waters of the Ten Thousand Islands are an especially lonely place. Mosquitoes, swelter and deluges drum out all but the most zealous adherents to the backcountry lifestyle.

What awaits those willing to venture beyond cell-phone range is a wilderness that looks much the way it did before the advent of the internal combustion engine and DEET.

To get here, you have to navigate your way through mud-bottom bays and creeks that present myriad unseen hazards, including oyster bars and downed tree limbs. And if you make it as far as Florida Bay, you have to contend with thick mats of sea grass and waters so shallow that even kayaks have been known to run aground.

“It’s heaven on Earth for me,” John Payne, the owner of a vacation home on Chokoloskee, said one Saturday morning while his flats boat skipped through a bay hugged by mangroves.

Could Payne and other boaters be loving Mother Nature to death, though?

That question is at the heart of a fierce debate going on now in bait shacks, public meetings and online discussion forums across southern Florida. The reason for the asking: a historic rewrite of Everglades National Park’s management plan.

The overhaul is the first for the park since 1979. Once implemented in 2009, the plan will guide staffers on ways to enhance visitor experience and environmental protection, top park officials say.

Boaters are most concerned about a set of proposals aimed at shielding sea grass and the sandy bottom of the park’s waters from damage wrought by boat propellers. They also chafe at an idea, advocated by paddlers and written into some versions of the plan, of reserving some areas in the backcountry exclusively for kayaks and canoes.

The four alternatives up for discussion range from a change-nothing approach — the only option gaining wide approval from boating advocates — to essentially closing much of Florida Bay and the Ten Thousand Islands to powerboats.

Alternative D, the most restrictive, would ban motors in waters of 3 feet or less, a prohibition that would cover broad swaths of the shallow bay. The waters would remain hospitable to paddling, poling and trolling with electric motors.

Other provisions would bar boats of 24 feet or greater in length in certain areas while others would prohibit boats altogether in environmentally sensitive areas. Popular fishing areas, such as Snake Bight and Gopher Key Creek, would be off-limits.

“Everyone’s really scared they’re making this their own exclusive park,” said Jim Stoner, a fishing buddy of Payne’s who accompanied him along with a visitor on a tour of the backcountry.

Treacherous going

Every other weekend, Payne, a 45-year-old cattle rancher, makes the more than two-hour drive from Sebring to Chokoloskee, where he owns a mobile home and, more importantly, a boat slip.

His 60-horsepower engine whirred as Payne set a course through the morning stillness of Chokoloskee Bay toward the southeast, to the Lopez River. Mangroves converged at the mouth of the winding river.

Payne steered the boat through the river as if he were on an invisible obstacle course. The obstacles lurking beneath the murky water, though, are very real: sunken tree trunks, shoals and oyster bars.

“We have this thing — some local knowledge is required,” said Stoner, a 53-year-old land surveyor who has been fishing these waters since the Kennedy administration.

“There’s a really big shoal that hugs that bank,” Payne chimed in from behind the wheel, changing tack to avoid the hidden danger.

Inexperienced boaters cause the most damage, veteran boaters and federal officials agree. One of the National Park Service’s proposals calls for boaters to pass a mandatory education course and get a permit before hitting the water.

“This stuff’s not going to work unless you educate the users,” said Rob Clift, a senior marine outreach coordinator with the nonprofit National Parks Conservation Association. “It’s very difficult to know where the channels exist and don’t exist unless you’ve been out there for years and know what you’re doing.”

‘That’s the whole park’

More than 200 people crowded a school cafeteria-turned meeting room earlier this month in Everglades City to hear the Park Service’s plan. Park officials had crafted the four proposals based on hundreds of comments culled from fishing guides, environmentalists, paddlers and other interested parties.

Everglades National Park Superintendent Dan Kimball emphasized that park staff wanted more of the community’s feedback. But any public comments would have to come after his presentation in one-on-one sessions with staffers, not voiced for all to hear.

With that announcement, the crowd’s anger quickly transformed from thinly veiled to loudly vocalized. All but a few people complied when a man in the audience asked for an impromptu show of hands of those who support the status quo. Shouts began to rain down on the federal envoys.

“I know it’s a controversial idea,” Kimball said as he discussed the no-motor ban proposal in waters of 3 feet or less. “But it’s not something we just came up with.”

Came a retort from someone buried in the restless mass before him: “That’s the whole park!”

At a subsequent workshop in Dania Beach, park officials, apparently having learned a lesson, gave audience members an open forum to debate the matter.

Some of the plan’s opponents come from high places.

“Leave it alone,” said Rodney Barreto, chairman of the governor-appointed state wildlife commission. “I’m kind of put off when someone’s making a decision who doesn’t even live in South Florida and doesn’t even know what he’s looking at.”

Sea grass: nature’s filter

In the 1990s, when environmentalists sought to rein in swamp buggies in Big Cypress National Preserve, they took to the air.

Aerial photos showed tire tracks criss-crossing the 729,000-acre preserve, transforming thousands of miles of fragile marshes and marl prairies into deep grooves of mud. Such pictures became key evidence in a successful court challenge that ultimately restricted off-road vehicles to designated trails.

A decade later, photos from high above are once again at the center of an environmental debate.

Federal scientists and contractors have snapped scores of pictures showing a landscape that more closely resembles the surface of the moon than one of the world’s most productive estuaries.

“I cannot stress how important sea grass is,” said David Hallac, head of Everglades National Park’s biological resources branch. “The sea grass in Florida Bay is akin to the trees in the forest.”

The vast mats are a nursery ground for marine critters and juvenile fish, including prized species such as the spiny lobster, shrimp, tarpon, spotted sea trout, snapper and snook. Sea grass also helps keep the water clear by knocking down clouds of sediment, Hallac said.

But some boaters are turning the grass into Swiss cheese, inflicting wounds that take years to heal.

“You can see scars all over the place out here,” Hallac said as he projected an image onto a screen at his Homestead office of an arcing white scrape in the bluish-brown water of Snake Bight in northeast Florida Bay.

Scarring tends to be heaviest on the edge of channels, but also can be seen in some of the most remote corners of the park. Many scars form an elongated “V” from where a boater has finally run out of water and abruptly turned around, Hallac said.

The park’s watery jurisdiction forms a nearly 500,000-acre triangle with its three points at Everglades City, Islamorada and Key Largo. The terrain varies from the sandy shoals just north of the Keys to the mud-slathered bottom of the Ten Thousand Islands.

Evidence of prop scarring is much stronger in Florida Bay than in the Ten Thousand Islands because of its clearer water and proliferation of sea grass. But just because damage is unseen doesn’t mean it doesn’t exist, park officials say.

“There may be prop scars like crazy out there, but we don’t know,” said Tom IIandimarino, a park ranger based in Everglades City.

Lack of funding and staff have rebuffed efforts to quantify sea grass and bay bottom damage, Hallac said. He is putting together a project to use aerial photos to create a map of propeller-related damage. His current stock of pictures was gleaned from researchers doing surveys of manatees and wading birds.

The most comprehensive survey of boat damage emerged in 1995. The Florida Marine Research Institute report estimated 30,050 acres of Monroe County’s sea grass beds, or about 2 percent of the county’s aquatic plants, bore some level of scarring. More than half of that scarring was moderate or worse, according to the study.

About one-third of the county’s waters lie inside the park, Hallac said.

Some boaters contend Florida Bay faces a much bigger problem: manmade changes in flows. Sloughs and creeks that once gushed fresh water into the bay are now mere trickles, thanks to levees and canals that made southern Florida dry enough for bulldozers.

As a result, the bay is saltier than it ever has been. Many types of sea grasses can’t survive such changes and simply die off. Other, less-desirable types take their place. Restoring the bay’s flows is one of the main goals of the $10.9 billion Everglades restoration campaign.

Death of a town?

Many fishing guides see rough waters ahead if the toughest of the restrictions are put in place.

Once-routine trips through the backcountry to the Lostmans or Harney rivers could become dangerous if flats boats are forced to traverse the rougher waters outside the park boundaries, they say.

“Any type of restrictions that you have, especially the most restrictive they have there, Alternative D, won’t just put us out of business, it’ll kill the town,” said Tony Polizos, an Everglades City guide. “The charter boat business will die.”

Such boats often are equipped with jack plates, a device that allows boaters to regulate the location of their propellers in the water column, Polizos said. That way, boaters can minimize contact with sea grass.

“These vessels are designed to go back into these shallow areas with very little effect on the environment,” Polizos said.

Compromise is in the air. A Keys-based boating group last week proposed what it called “Alternative E,” a plan that would allow powerboats in areas where they can now travel, according to the Keynoter newspaper.

The group, though, concedes it would be best to limit waters of less than 2 feet to be accessible only by paddle or push pole. Flats skiffs would be allowed if their engines are raised, the paper said.

While quiet in the summer, fishing-based tourism in the winter and spring is the lifeblood of Everglades City’s economy, locals say.

“If people don’t come here to fish, there’s not that much to come here for,” said Carolyn Thompson, vice president of Everglades City’s True Value hardware store.

Payne and Stoner are organizing a meeting at 5 p.m. July 6 at the Everglades City School to help put fishermen in touch with comment forms. The Park Service also is looking into holding a second Southwest Florida meeting, this one in Naples some time in July.

“We think the park is managed just fine,” Polizos said. “We have some of the best fishing in Florida, if not the U.S. That tells me what they’re doing is right. If it’s right, don’t fix what’s broke.”

© 2007 Naples Daily News and NDN Productions. Published in Naples, Florida, USA by the E.W. Scripps Co.

Some want Dunnellon to stay a small town
Residents concerned about possible development of Cool Springs property.

OCALA - Marion County's Planning Department staff headed west to Dunnellon on Thursday night to hear residents' opinions on future development in the area.

They got an earful.
The crowd of about 50, which included Rainbow River Conservation Inc. representatives and current and former members of the Dunnellon City Council, objected, sometimes loudly, to any more development in the 48 square miles around the U.S. 41 corridor in county staff's study area.

"If you polled the people who live in Dunnellon, one of the reasons we moved here is the trees, because of the small town," Rainbow Springs resident Jeanie Wolf said. "If we wanted big town, we would have gone to Ocala. Keeping small town small town is a good thing. I just wish we would keep the trees and have it small town. I wonder if people in the government even consider that."

Planning Department's ongoing study recommends almost no new land-use changes for residential development. The skeptical crowd Thursday night wondered if county commissioners would stick to that recommendation.

Even without more development approvals, they voiced concerns about the thousands of vested lots in the area, including Rainbow Lakes Estates and the Cool Springs Ranch property along the Rainbow River. In fact, the possible development of the Cool Springs property if the state does not purchase it through the Florida Forever program, loomed over the entire discussion.

"All we have to worry about is the state coming up with the money and it will all go away," Rainbow River Conservation Inc. member Burt Eno said.

When maps showed plans to widen State Road 40 and County Road 484, the lively crowd rumbled with objections.

"We do not need four-lane roads," Dunnellon resident Evelyn Tyson said. "You're asking for more trucks and people coming through here."

Dunnellon City Councilman Fred Stark and former Council member Mary Ann Hilton each launched lengthy objections to new development when the region's future water supply was already deemed inadequate.

Planning staff did eye two areas for future development. The crowd did not care for either idea.

One was a commercial center planners had in mind for the intersection of U.S. 41 and State Road 40 so Rainbow Lakes Estates residents would not have to head south into Dunnellon to shop. The audience at the meeting wanted that moved farther north toward Rainbow Lakes Estates.

The other potential development spot was an area north of the Dunnellon city limits and south of the abandoned railroad right of way and some of the Cool Springs property. Senior planner Lisa Walsh said it has an urban reserve land-use designation now, which means it is intended for future development. Staff suggested it could go high-density residential development, or up to eight residences per acre.

Marion County has done prior corridor studies to try and map out future development along State Road 326, U.S. 441, State Road 200 and U.S. 27. A study for the Greenway Corridor is also ongoing.

Walsh said there should be another meeting in Dunnellon for public input on the U.S. 41 study before the end of the summer. Then staff will bring it to the County Commission.

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

 

Board wrestles with protection for area's springs

By Terry Witt

Protecting the county’s springs is proving to be a Herculean task for the county planning board.

The Planning and Development Review Board wrestled with the idea for several hours Thursday before recommending approval of a comprehensive plan amendment that would set policies and objectives for protecting the springs.

A policy that would encourage homeowners to install expensive performance-based septic systems instead of regular septic tanks if central sewer was not available proved to be the most contentious issue.

Some board members were wary about how much the systems might cost homeowners. Planners said the price of a single performance-based system could range from $9,000 to $20,000 or more, depending on the location.

The board agreed to recommend language to the county commission that would say the county “prefers” performance based septic systems to protect the springs. Representatives of environmental groups had urged the board to require the performance base systems, which produce much cleaner effluent.

“Our springs are world class assets and this is a chance to protect them,” said Ron Miller, a director for Save the Homosassa River Alliance.

However, board members said they wanted more information about the sources of pollution in the springs. They instructed county staff to attach a letter to the amendment asking state agencies for guidance on how much of the pollution springs comes from septic tanks and how much is contributed by lawn fertilizer.

A number of agencies, including the Southwest Florida Water Management District, Florida Department of Environmental Protection and Florida Department of Community Affairs will review the springs protection amendment and make written comments. After receiving agency comments, the springs protection amendment will come back to the county for another round of local review later this year.

The Citrus County Comprehensive Plan is the county’s master planning document. The plan is required by state law and serves as the basis for all land development rules in the unincorporated areas of the county. When the spring protection amendment is given final county approval, the county planning staff will begin development of specific land development rules, which will also be reviewed in public hearings.

Much of the discussion Thursday focused on nitrate pollution in the springs. Nitrates can degrade the water and increase plant and algae growth.

Two major sources of nitrates in the springs are lawn fertilizers and septic tanks, said environmental Planner Sue Farnsworth, but she said a study has never been conducted in Citrus County to determine the percentages contributed by each source. She said lawn fertilizer and septic tanks are considered major contributors. She said a consultant would have to be hired to gather the information requested by planning board members.

Citrus County is the site of three first magnitude springs along the coast, each spewing more than 64 million gallons of fresh water daily into coastal rivers, as well as Kings Bay . The east side of the county is home to the Tsala Apopka Chain of Lakes and 33 springs, according to Miller.

Nitrate pollution is increasing in the springs as the county’s population expands. Concern about pollution in the springs or possibility of losing them is driving the county’s efforts to produce a springs protection chapter in the comprehensive plan. But the county’s builders are concerned that the protections could go too far and inhibit economic growth.

The Citrus County Builders Association sent two representatives to offer suggestions and challenge policies they thought might drive off homebuyers and further dampen the wobbly local construction economy. Randy Clark of Clark Construction took aim at the policy on performance based septic systems.

“I am sure if we have $20,000 septic systems in Citrus County and $18,000 impact fees we won’t be selling many homes,” Clark said.

However, Norman Hopkins, president of the Kings Bay Association, said the presence of noxious algae blooms in Kings Bay is a direct result of government agencies not addressing the contaminated water that flows from the bay from springs.

Algae are harmful to the marine habitat, he said, and some carry toxins harmful to fish, the endangered manatee and humans. He said the lack of water flow into the bay is part of the problem. More than three quarters of the bay’s aquifer spring vents no longer contribute fresh water.

“Our waters are being fast degraded, as waters are changing from being mostly fresh to mostly salty, and ecosystems face radical changes,” he said.

Helen Spivey, co-chair of the Save the Manatee Club, read from a memo prepared by Robert F. Roscow, an environmental activist. Roscow said Citrus County ’s springs are part of a resource that is the basis of county’s economy. The springs discharge water from the Florida Aquifer, the county’s drinking water supply.

He said the Brooksville Ridge, a hilly area through the center of the county, contributes the majority of water to the county’s coastal springs. He said the ridge and the springs are one unified system, and “one does not exist without the other.” He said Citrus County has the highest concentration of first magnitude springs in the world.

Citrus County ’s economy is largely dependent on this resource not just for drinking water but also the many industries supported by it and the worldwide recognition afforded it and its inhabitats,” Roscow wrote. “People from all over the globe come to see the manatees and now we are the winter home for the whooping crane.”

Roscow is best known for his lawsuit against the Florida Turnpike Enterprise. Roscow and Teddie Bierly successfully sued FTE when a citizen advisory group met behind closed doors to make recommendations on where Suncoast Parkway 2 should be constructed. Roscow and Bierly said the advisory group violated the state’s Sunshine Law. A judge agreed.

Roscow’s only criticism of the county’s proposed spring protection plan is that it is silent on the parkway’s potential impact on what he calls the “ecoregion,” the Brooksville Ridge and the coastal springs it supplies with fresh water.

 

Panel backs relaxed zoning around nuke plant

By Terry Witt

Citrus County ’s planning board on Thursday agreed with a private attorney that residential land development rules should be relaxed in the five-mile zone around the Crystal River nuclear power plant.

Attorney Clark Stillwell proposed a comprehensive plan amendment on behalf of businessman Dixie Hollins that will allow Hollins to convert his mining land into a low-density subdivision when the mine becomes inactive.

Planning and Development Review Board members saw no harm in giving Hollins the right to subdivide his mine into five-acre parcels someday, provided he could prove the subdivision could be evacuated quickly. The board will make that recommendation to the county commission.

County planners had opposed the plan because they said the five-mile exclusion zone around the power plant was there to protect the public. The exclusion zone was intended to keep population levels low in case an evacuation was ordered in a nuclear emergency.

They also noted that the five-mile exclusion zone had been part of the comprehensive plan since 1990. The zone allows one home per 20 acres in the Coastal High Hazard Area and one home per 40 acres in the velocity zone on the coast.

But Stillwell said the county and state agencies had led Hollins to believe for years that he was entitled to divide his property into five-acre parcels.

The comprehensive plan is the county’s master plan for development in unincorporated areas of the county.

Progress Energy, the plant’s owner, was neutral on Hollins’ request, saying it was a local government decision, and the Citrus County Department of Emergency Management also remained neutral, planners said.

Stillwell’s plan probably won’t benefit anyone else in the five-mile zone because a developer would need 165 acres of land to be eligible. Most of the zone is west of U.S. 19 and nearly all of it is publicly owned conservation land or is zoned for mining. Stillwell tailored his request to his client’s needs.

County planners withdrew their agenda item that called for adopting new set of land development rules to enforce the five-mile exclusion zone policy in the comprehensive plan.

In other business:

* Stillwell withdrew his request for a comprehensive plan amendment that would have allowed land zoned for mining to be used for other commercial and industrial purposes.

Planning board members were skeptical about converting former mining land to such uses as incinerator sites.

Stillwell said the issue can be studied at the same time county staff develops its comprehensive mining ordinance. He noted that the county was once a major mining area, but many mines have been abandoned or converted to other uses, including subdivisions.

 

No school, no Lady Lake growth?

Development must not be ‘irresponsible’

 

David Donald

Staff Writer

 

 

LADY LAKE - No new school, no new development?

 

The Lady Lake Town Commission is considering halting all residential development until a plan for a school in northwest Lake County is certain.

 

"I think it's something that we have to address in good conscience," said Mayor Max Pullen. "If we approve growth and then our schools become overcrowded because of it, we're hurting our kids."

 

Commissioners directed staff to schedule an Aug. 1 public hearing to consider a moratorium on residential development. 

 

Town Manager Bill Vance said the area is experiencing rapid commercial growth. With that growth comes job, he said. However, he said, many who work in Lady Lake live and spend their paychecks in surrounding areas, such as Leesburg and Marion County .

 

He said the town wants residential developments to attract that workforce, but approving any developments without constructing schools first would be irresponsible

 

"We don't have enough school space for the children and we cannot allow growth, especially housing growth," said Henryka Presinzano. "Where are the children going to go? We have to have the school first."

 

The commission is weighing heavily on a recommendation earlier this year from Lady Lake 's School Facility Steering committee that the town needs more schools if it is to continue to grow.

 

The town commission has been working closely with the Lake County commission and school board. The town has also collected nearly $1.4 million in school impact fees to help fund school construction.

 

"They (school board and county commission) have stated they like the way we've handled it (school)," said Pullen.

 

There are plans for a school on 40 acres on Anderson Lane just outside the Lady Lake town limits. That facility, planned now as a K-8 school, is tenatively scheduled to open in August, 2010.

 

"I think at this time we need to stay with the status quo and make sure we get the school up and running," said Ty Miller. "We stand for responsible development and if we didn't do that we wouldn't be responsible."

Plan May Squeeze Citrus Shippers

 

By Kevin Bouffard

The Ledger

 

LAKELAND - Florida 's fresh citrus shippers would permanently lose about 5 percent of their market - valued recently at nearly $14.6 million - under a proposed final rule made public Thursday by the U.S. Department of Agriculture.

 

The proposed rule makes permanent a citrus canker quarantine the USDA imposed under a temporary rule issued Aug. 1. The quarantine prohibits all fresh citrus shipments to other citrus-producing states and territories, notably California , to prevent the spread of the bacterial disease.

 

"It appears we're not back into the citrus-producing states, and that's disappointing," said Jay Clark, the president of Florida Citrus Mutual in Lakeland , the state's largest growers' representative. "While (fresh citrus) is a relatively small percentage of the industry, it's a very important part."

 

About 11 percent of Florida 's total citrus crop is sold on the fresh market, but its economic significance is greater because growers generally get higher farm prices for fresh citrus than the fruit that goes to juice.

 

The quarantine's impact falls more heavily on growers of tangerines and "specialty citrus," such as tangelos. About 70 percent of them are sold as fresh each year.

 

The quarantine hits Polk County growers particularly hard. The county is the Florida 's top specialty citrus producer with almost 2.2 million boxes in the 2005-06 season, or 29 percent of the state's total.

 

Polk is also the home to four of the state's top 11 packinghouses, including industry leader Dundee Citrus Growers Association, the Haines City Citrus Growers Association, Ben Hill Griffin Inc. in Frostproof and Hunt Bros. Cooperative in Lake Wales.

 

The temporary and permanent USDA rules ban fresh citrus shipments to Arizona , California , Hawaii , Louisiana and Texas and to the territories American Samoa , Guam, the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands .

 

The federal government also has banned Florida residents from shipping fruit from residential citrus trees to anywhere outside the state through the U.S. Post Office or private delivery services.

 

During the 2005-06 season, the last unaffected by the quarantine, Florida packinghouses shipped 1.1 million cartons of fresh citrus valued at nearly $14.6 million to the other citrus states, according to the Citrus Administrative Committee in Lakeland, which regulates the fresh industry.

 

That represented 5 percent of 22 million cartons shipped that season. Citrus states accounted for 6.3 percent of all domestic shipments in 2003-04.

 

Most of those shipments went to California . That state was one of the top markets for Florida's fresh tangerines, receiving 8.3 percent of all the state's early-season varieties and 17.6 percent of late-season Honey tangerines in 2005-06.

 

Richard Kinney, the chief executive of Florida Citrus Packers in Lakeland, the fresh shippers' trade group, declined to discuss the final USDA order until he and other officials had more time to study it.

 

Kinney said the Packers's reply to the proposed rule would contain "sound science and risk analysis."

 

That indicates the group will question the USDA's own risk analysis to support the rule.

 

Its analysis found that even a reasonably strict inspection regime at a packinghouse would allow 633,152 pieces of canker-infected fruit into citrus states, according to the proposal published in the Federal Register. Of that amount, 2,135 pieces of infected fruit would reach a citrus producing area.

 

Florida growers have argued that fresh citrus would unlikely spread the canker bacteria because the organism cannot survive that long. The USDA conceded that point but added:

 

"Although the available evidence suggests fresh citrus fruit is an unlikely pathway, that evidence is not currently sufficient to unequivocally conclude that fresh citrus fruit cannot serve as a pathway for the introduction of (canker bacteria) into new areas. Therefore, unrestricted movement of citrus fruit from quarantine areas was determined not to be scientifically justified."

 

The USDA will accept comments on the proposed rule until July 23. After considering comments, the agency plans to enact the rule on or before Oct. 1.

 

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

Deadline Nears As Property Owners Fight Gas Pipeline

By Jim  Konkoly of The Tampa Tribune

Published: June 22, 2007

SEBRING — Highlands County officials are hoping to avoid a legal battle with property owners along Raley Road over right of way that could delay construction of a natural gas pipeline to the Sebring Regional Airport Commerce Park .

The pipeline, which airport and economic development officials say will boost industrial development and bring in jobs, is not in jeopardy. But a delay of several months in starting the project, could cost the county $1.5 million in lost federal grants for other projects in 2008.

Corbett Andlay, the county's consultant for the federal Community Development Block Grants, said the county will lose the chance to apply for two block grants of $750,000 each for 2008 if the pipeline project is not completed by April.

The county has a $750,000 block grant for installation of the natural gas pipeline, and the project must be completed by April in order to seek new block grants, Andlay said. Applications for the 2008 block grants must be filed in April, he said, and they cannot be filed until the pipeline project is finished.

On Tuesday, county commissioners delayed voting on taking right of way for the pipeline after two Raley Road property owners expressed concerns.

County Attorney J. Ross Macbeth said the county has the right to take right of way on Raley Road under state law because the county has mowed along the sides of the road for seven years, according to records of the Bridge and Road department.

Fred Trippensee, the husband of Commissioner Barbara Stewart, said the county has not mowed along the frontage of his 10-acre citrus grove, and therefore has no no right-of-way claim.

Trippensee said he will seek legal counsel and asked the commissioners to refrain from taking right of way on the south side of Raley Road , and also to refrain from mowing in front of his grove.

Mowing on the side of roads in front of different citrus groves could spread plant diseases and devastate the groves, Trippensee said.

John Strang represents Gapway Groves on the north side of Raley Road , which is in the path of the proposed pipeline. He said the land owners were surprised by the county's intent to take right of way and asked for a delay of several weeks so that the owners could study the issue.

Elius Nortelus, assistant county engineer, said Thursday he is trying to schedule a meeting for Monday with the three property owners along Raley Road .

"We hope to resolve any issues that they have" about the right of way for the gas pipeline, he said.

A Boon To Industrial Park

Three manufacturers at the airport commerce park –– E-Stone USA Corp., Funder America, and Hancore Inc. –– want to switch to natural gas for their industrial processes, Louise England, executive director of the Highlands County Economic Development Commission, said.

England said natural gas is important not only to those industries, but also to attract more
manufacturers.

"We have other prospects (for the airport commerce park) that need natural gas," England said. "This natural gas line is very, very important to the development of the remainder of the industrial park, because so many industrial companies use natural gas as their preferred fuel choice."

Erik Treudt, project manager for the Sebring Regional Airport Authority, agrees.

"Without question, for the type of manufacturing facilities we would like to attract, natural gas is the fuel of choice," Treudt said. "A natural gas pipeline certainly would enhance the attractiveness for businesses locating here."

Bob Swain, attorney for the airport authority, said construction of the pipeline is expected to take four to five months.

Using Raley Road on the pipeline route is not the only way to get natural gas to the airport commerce park, he said. "But" he said. " it is certainly the way we see it at the moment."

Delays in obtaining right of way of several weeks would leave time to complete the project so that it doesn't jeopardize 2008 block grants, he said. But, Swain said, designing a new route for the pipeline could make it hard to finish the project by the end of March.

"It would be very challenging to redesign the route of the pipeline and still have timely completion of all aspects of the project," Swain said.

Compromise may untangle citizen initiative petitions

By EILEEN ZAFFIRO

PONCE INLET -- At the beginning of Wednesday's Town Council meeting, it appeared residents were about to get a step closer to facing two very similar ballot measures.

Now it's possible those two proposed ballot questions could be consolidated into one compromise measure.

One ballot query is being led by Kimberly Comfort, the 41-year-old daughter of Councilman Gary Comfort. She's trying to give people the power to create or rescind local laws regardless of Council members' opinions.

Her effort calls for a minimum of 10 percent of voters to sign petitions to kick-start the process that would allow residents to craft a new law or kill a newly passed one they didn't like -- whether Council members liked the idea or not.

Three of the five Council members are behind a similar measure, but their version calls for 20 percent of voters to sign petitions before any new laws are passed or killed.

With a large amount of confusion possible at the polls in November if both questions make it onto the ballot, resident Russ Boner offered an idea at Wednesday's meeting: come up with a compromise measure that calls for a minimum of 12 or 15 percent of signatures.

Mayor Nancy Epps pointed out the full circle the discussion has made since April.

"We got here because we turned down Councilman (Gary) Comfort's idea of 15 percent," Epps reminded everyone at the meeting.

Councilman Tony Goudie liked the idea, and Comfort was glad to see his original proposal back on the table.

"I do not look forward to the confusion that will be caused if we have two questions with almost the exact same wording," Comfort said.

Councilman Jim McCormick maintained his opposition to the initiative and referendum idea, regardless of details.

"I don't think we need either one," McCormick said.

Epps agreed to consider a compromise, but with concerns.

"I think citizen initiatives should be very hard to pass," Epps said. "I'm not in favor of dropping it to15 percent, but if it'll relive tensions I'll allow for negotiations."

But a compromise isn't going to happen unless Kimberly Comfort agrees to drop her petition drive. She said she could live with the 15 percent threshold, but some of the wording in the Council members' measure bothers her.

She wants capital improvement projects to be fair game in the initiative and referendum process, and she'll only back off if state law says that illegal, she said.

She also wants to be able to challenge amendments to the town's comprehensive land use plan, and says that will be a deal breaker if Council members disagree.

Town staff and Kimberly Comfort will try to hammer out a measure that would go before the Council at their July meeting.

Reading from a prepared statement, Comfort told Council members she was dismayed by their competing measure.

"I can only consider the actions to date of the majority of the Council not to be an attempt to legislate good law, but rather an attempt to introduce a poison pill designed to confuse the electorate in a devious, yet obvious, attempt to frustrate the citizens' petition," she said.

She said she was "particularly offended" by the Council's proposed ballot question including a provision that says the Council's version will prevail even if it receives fewer votes than the citizens'measure.

Comfort needs at least 253 people -- 10 percent of registered voters -- to sign her petition to get the measure on the ballot.

So far she said she has 158 signed petitions.

eileen.zaffiro@news-jrnl.com


Decision On Ranch's Future Use Delayed

Published: Jun 22, 2007

ODESSA - More than a year ago, the Starkey family hosted a public unveiling of their plans for what remains of their grandfather's enormous ranch near the junction of State Road 54 and Gunn Highway .

On Thursday, the county's Development Review Committee, led by Pasco County Administrator John Gallagher, delayed for a week consideration of a change to the county's long-range land-use plan that will let the Starkey Ranch move forward with development. The change still must win approval from county commissioners and the state. The committee will take up the issue at 9 a.m. Thursday at the West Pasco Government Center .

The land-use change is the first in a series of approvals the Starkeys must get during the next year as they work to transform 2,500 acres, including the family's homestead, into a community built along grid-pattern streets with a major commercial center next to one of the county's busiest commuter routes.

The property is what's left of the former 16,000-acre ranch owned by Jay B. Starkey, the grandfather of Frank, Trey and Laura, who are seeking to develop the property.

Most of the former ranch was set aside as the Jay B. Starkey Wilderness Park under a deal with the Southwest Florida Water Management District.

The overall development proposal remains under review by county and regional planners. It envisions about 4,300 homes, a town-center-style downtown with about 600,000 square feet of retail and office space, a movie theater and an industrial park mirroring work now under way across S.R. 54 at the Trinity Corporate Center .

The proposal is a larger version of Longleaf, the Starkeys' original attempt at retro-looking traditional neighborhood development, which emphasizes garages on alleys and homes with front porches. Crosland, the company developing the new phases of Longleaf, has signed on to develop the new project.

With homes built on grids surrounding village centers, the project also echoes recently released long-range plans for developing the Pasadena Hills area between Dade City and Zephyrhills.

Trey Starkey said the community will favor pedestrians over cars, unlike more conventional communities filled with cul-de-sacs and street-facing garages.

"What we're trying to emphasize is the pedestrian is king," Starkey said.

The family has an as-yet-unnamed grocery store on the hook and is looking for other retailers willing to take a chance on something other than conventional strip centers.

"We haven't really put it out there yet," Starkey said.

Every day thousands of commuters take Gunn Highway south to work in Hillsborough County . The Starkeys see that traffic as a boon for their town center, which they think will fill an economic hole in the landscape of southern Pasco and northern Hillsborough counties.

"The grocer wants to come in now," Starkey said.

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

Alachua County Forever shifts its focus to land management

 

By NATHAN CRABBE

 

Sun staff writer

 

 

Alachua County Forever is getting a lot of help from its friends.

 

The county land-conservation program is expected to soon run out of money to buy properties. So the program is shifting toward managing land and making it publicly accessible.

 

"We knew we were going to transition into stewardship when we were done buying, and this year we're going to be done buying," said Ramesh Buch, director of Alachua County Forever.

 

Buch said the program will rely on partnerships and volunteers to help. Already about 6,000 of the 11,000 acres of Alachua County conservation land is being managed by partners at no charge to the county, according to figures provided by the program.

 

A Friends of Alachua County Forever group has recently formed and will be used on efforts such as building trails and running educational tours, Buch said. Group members are expected to help prepare for this fall's opening of the nearly 2,000-acre Mill Creek Nature Preserve, located at the intersection of county roads 241 and 236 north of Alachua.

 

Some group members are also discussing another ballot measure to pay for more land acquisition. But getting existing conservation land open to the public is a crucial first step, said Robert "Hutch" Hutchinson, project manager for the nonprofit Alachua Conservation Trust and a key player in the first Alachua County Forever drive.

 

"They want to see that the first version of it worked," he said.

 

Voters passed Alachua County Forever in 2000, authorizing a property tax funding $29 million in bonds to buy conservation land. The measure allows up to 10 percent of the money to be used to pay for initial improvements to the land.

 

But because of the feverish real estate market of recent years, Buch said buying as much land as possible was decided to be the best use of the money.

 

"This was the window of time where if we didn't buy it, we were going to lose it," he said.

 

He said the county's general fund has mainly been used for land management. That figure has slowly risen from about $30,000 to $75,000 in the most recent year, but Buch said proposed state budget cuts would make further increases difficult.

 

He said the program will continue using partnerships to leverage funding. Alachua County Forever has been able to use $36 million in outside funds to buy land beyond what the bonds would allow, an approach Buch said could also be applied to land management.

 

Buying land is only the beginning of conservation, said Sandra Vardaman, land conservation biologist for Alachua County . Managing land means everything from kicking out squatters to removing vegetation that fuels fires and forces out native species, she said.

 

"We've had poachers, we've had campers, we've had looters - in addition to the invasive plants," Vardaman said.

 

But Buch said limited funding makes it crucial to seek partnerships and opportunities to make money off the land. Kanapaha Prairie Ranch, part of a tour Thursday by county officials, is an example of how partnerships can work.

 

Alachua County Forever had identified the property as environmentally significant but had problems buying it. The nonprofit Conservation Fund and nearby homeowners stepped in to make the purchase.

 

Now the nonprofit leases the land to a local cattle rancher for a nominal fee. Neighbor Lisa Gearen said homeowners don't have the money for restoration, so the rancher deals with invasive plants and monitors the property.

 

"He's the eyes for us," she said.

 

Buch said cattle ranching wouldn't work on most county lands, but there are other ways to fund land management. Hunting leases and selling forest thinnings to the timber industry are among the ways being discussed.

 

Volunteers are also expected to help with the hard work of land management.

 

Hutchinson said if the public wants access to conservation land, it's only fitting they should take part.

 

"If that's the case, people ought to be willing to go out there to do the work," he said.

 

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

Police Examine Payoff Worries In Rezoning Bid

Published: Jun 22, 2007

TAMPA - The Tampa Police Department is investigating complaints that developers are being asked for money in exchange for community support for their projects.

A police spokeswoman wouldn't talk about the investigation Thursday other than to say it involves land development.

But City Councilman Tom Scott said city legal staff members told him last week that they were uncomfortable moving forward with a hearing to rezone property on Boy Scout Boulevard , where MetLife proposes a commercial, retail and residential development for its 32-acre site.

Scott said lawyers wanted to hold off "because there was a pending investigation that there was a request for money in support of that zoning request."

MetLife wants to develop the site near the International Plaza into 1 million square feet of commercial and residential space, company spokesman Chris Breslin said.

Breslin said MetLife, the New York-based insurance company whose real estate investments total about $40 billion, is not under investigation. He would not say whether the company was the source of the complaints.

The investigation appears to be broader than the MetLife project.

Councilman Charlie Miranda said he has heard of at least one, and perhaps as many as four, instances where developers were approached for money in exchange for support.

Ed Turanchik, who develops low-cost housing in West Tampa , said police interviewed him.

"We were being viewed as a potential victim," Turanchik said. "The questions were about extortionist behavior. That was the thrust of it."

Turanchik said the call from police was unexpected, and that he has gathered from others in the community that the issue is about whether community groups or residents are asking for money from developers.

Mayor Pam Iorio said she received information about two weeks ago about what she would only describe as "possible wrongdoing."

"I immediately brought it to the police department for investigation," Iorio said.

The support of residents and neighborhood associations is key for developers to win support from the Tampa City Council for their projects. City council members think twice about approving development requests when the community is vehemently opposed.

Bill Duvall, past president of Tampa Homeowners, an Association of Neighborhoods, said he didn't know about the investigation but would be disappointed if someone asked developers for money.

"It makes all of us look a little questionable, doesn't it?" Duvall said.

Developers generally pitch their projects to neighborhood associations, whose boards vote on whether they support the proposals. That vote sends a strong signal to the council.

At a city council meeting Thursday, Miranda proposed two changes to the city's ethics code.

He wants to add a provision that would forbid people from threatening or coercing anyone with a matter pending before the city to pay or promise anything of value in exchange for support.

Another provision would require people appearing before the council to disclose whether they are benefiting from the petitioner or developer.

"During recent council meetings, I have felt uneasy not about the zoning itself, but about the side agreements," Miranda said. "You have three types of zonings: good zonings, bad zonings and bad zonings that are good because of money.

"When we start knowing there are side deals, we are heading into darkness," Miranda continued. "This cannot continue."

He said he didn't like a deal in the works between the West Tampa Community Development Corp. and developer Ken Morin, who has offered the group $750,000 to put toward helping first-time homebuyers and for home repairs in West Tampa.

Morin withdrew a portion of the grant after Miranda raised questions.

The council on Thursday unanimously agreed to have the city's legal department work on Miranda's suggested changes to the ethics code.

"The intent is to keep the zoning process as pure as possible," Scott said. "We have an element that appears to be extortion. We want to make sure whatever we do has no cloud over it."

The city attorney's office declined to comment.

Reporters Jose Patino Girona and Chris Echegaray contributed to this report. Reporter Ellen Gedalius can be reached at egedalius@tampatrib.com or (813) 259-7679.

Springhills developers are suing county

The developers of Springhills filed suit late Thursday afternoon against Alachua County, alleging that meetings were held in violation of Florida's open meeting laws and that the county tried to get the developers to pay for more road improvements than it should.

The suit was also filed against the North Central Florida Regional Planning Council.

The lawsuit asks the court to vacate the County Commission's denial of a comprehensive plan amendment sought by Springhills, said Bruce Goldman, attorney for Springhills' owner, the Pennsylvania Real Estate Investment Trust.

"PREIT is disappointed that litigation regarding the future of the Springhills project has become necessary," company Vice Chairman George Rubin said in a written statement. "The company had expected to build a wonderful gateway to the Gainesville community, presenting a mix of uses including a sophisticated town center with something for everyone. The company has been welcomed into more than 50 communities in 13 states. We have made a large investment in Alachua County and as a new corporate citizen and taxpayer in the community had expected to participate in an open and fair process with respect to our recent development application."

Rubin added the lawsuit is necessary to protect the company's shareholders and procedural fairness.

The suit had been anticipated by county officials because of the public records requests the company has been making since the denial May 3.

Commissioner Cynthia Chestnut said Thursday evening she believes a lawsuit is the wrong approach to take.

"I think this is unfortunate. If they have any desire to come back to this community in the future, this is not the way to win friends," Chestnut said. "I would think that if they plan to try to come back that they would try to have a meeting of the minds with the citizens that opposed the development and the commission, and see if there is some common ground."

Springhills is a development of regional impact, commonly called a DRI, at Interstate 75 and NW 39th Avenue . DRIs are so large they affect services, the environment, traffic, housing and the economy beyond their immediate location.

The company in 2003 applied for a comprehensive plan amendment to substantially increase the amount of commercial space it can build for a total of 1.5 million square feet. That would make it larger than the Butler Plaza complex at 1.2 million square feet.

In January 2006 the commission first considered the changes. At the time the estimated road improvements were about $40 million, with Springhills' proportionate share being about $22 million.

Commissioners voted to approve the amendment so it could be reviewed by the state Department of Community Affairs. The county and the company were to try to reach agreement on splitting road costs.

In mid-2006 a new traffic analysis by the Regional Planning Council and the county stated that road needs would be much greater than anticipated.

Meanwhile, a group opposed to the changes formed. Traffic was a major concern of both the group and the county. The county contended it would cost $120 million to improve roads in the area to handle added growth, pegging Springhills' share at $58 million.

After considerable negotiations, Springhills offered to front $91 million for the improvements if the county would later reimburse it for $33 million.

Commissioners, facing uncertainty about state-mandated budget cuts, said they could not commit to paying their share of the road costs or reimbursements. Commissioners voted unanimously to deny the changes.

One issue in the suit is the revised road costs. The suit alleges the county violated the company's due process rights by its participation in and reliance on the Planning Council traffic study. Statutory requirements bind the county and the Planning Council to the initial traffic study, the suit contends.

The second primary issue involves informal commission meetings that are often held during the weeks in between formal, official meetings.

General notice is given that an informal meeting will be held, and they are frequently covered by the news media.

The suit contends adequate notice was not given of meetings at which Springhills was discussed. Company representatives were not present at the meetings, the suit states.

"We are contesting that secret meetings were held in violation of the state Sunshine law and that we were required to make improvements to roads to which we had no significant or adverse impact," Goldman said. "We are working to vacate the decisions that the county made."

County Manager Randall Reid said Thursday night he believes proper notice of the meetings was given.

"To my knowledge all meetings were posted. Other than that I can't comment on litigation," Reid said. "(The suit) is not a surprise due to the number of public records requested. We operate as transparently as possible."

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

Oakstead project gets okay

The county's top planners give a thumbs up after the developer eases traffic concerns.

By CHUIN-WEI YAP
Published June 22, 2007

LAND O'LAKES - The entrance to Oakstead on State Road 54 used to be flanked by two monument signs amid a sea of manicured greenery.

It won't stay that way for long. The western side of Oakstead Boulevard is already a carnival of dirt and bulldozers as an 8-acre office park takes shape.

The eastern side is about to join in.

A much heftier 21-acre office project got its green light Thursday from the county's top staff planners.

Tentatively called the Oakstead Commerce Centers East and West, the parks are being built by Kevin Howell, a Tampa commercial developer who counts Westchase Commons Professional Center and the Tampa Telecom Professional Park among his creations.

At 142, 000 square feet, the new Oakstead Commerce Center East is slated to produce 49 single-story buildings, a mixture of restaurants, offices and stores.

Oakstead neighbors had been nervous about cars piling onto Oakstead Boulevard , their main access route, because of the new park. They brought their fears to the Development Review Committee last month.

Among their top concerns was whether cars would tie up the road while trying to make a U-turn on the boulevard after exiting the office park.

A series of meetings in recent weeks between Howell, his engineers and the neighbors resolved these concerns. John Witmer, chairman of Oakstead's community development district, told county officials he was happy with how the developer handled their concerns.

Others acknowledged that they could live with the new commerce center, but pointed out that they couldn't really force any real changes, since the driveways had won approval five years ago. This latest round of approval is only for the park's site plan.

"If someone has a larger car, like a Lincoln ... the (road) island is not large enough to stack a car, " said Larry Cyment, a CDD supervisor. "But we did agree that (Howell) would put signs up directing traffic."

Cyment said the CDD has other issues with the developer, including sidewalks and bicycle paths.

But, as far as the commerce center goes, "I think we've dealt with most of the issues, " Cyment said.

Their mixed feelings are a coming-of-age story with echoes all over the county and state, as developments get older and more crowded, as community management shifts from developers to residents, and as commercial neighbors cram in, chasing homes.

Don't expect the flood of office space to end.

Howell has at least six properties between Ballantrae Boulevard and U.S. 41, including two in Seven Oaks.

And bigger projects, like Ashley Glen in Odessa , Wiregrass in Wesley Chapel and Pasco Town Centre in San Antonio , are together going to put nearly 5-million square feet of office space into central Pasco .

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

Suburban sprawl threatens Lake Okeechobee

BY KELLI KENNEDY

Associated Press

Growth management must play a stronger role in Everglades restoration, especially in the rapidly growing counties north of Lake Okeechobee , state officials said Wednesday.

Florida 's increased development means more pollutants like lawn fertilizer, which creates runoff full of phosphorous and nitrogen that pumps into the Everglades , said Carol Wehle, executive director of the South Florida Water Management District.

Those nutrients will cause plants like cattails, that would not normally grow, to take over the area, she warned.

Rising land costs also are impacting the state's ability to buy privately owned land needed for Everglades restoration projects.

''Some of those sites if we don't move now could be targeted for development,'' Wehle said.

Her agency met with the Department of Community Affairs and the Department of Environmental Protection in Tallahassee to discuss growth management plans needed to ensure Everglades protection, particularly the water quality and storage levels.

One likely plan will be stricter rules for granting permits to developers, Wehle said. In rapidly growing Osceola County , more pollutants are coming into the Kissimmee River Valley , the headwater of Lake Okeechobee .

''If not handled properly, it could generate a lot of runoff that could adversely effect the quality of water in the Everglades ,'' Community Affairs Secretary Tom Pelham said.

There's also a need for more adequate water storage areas, the agencies said.

''If we have the right growth management protection in place, we could actually store more water north of the lake, do a better job of having that water treated before it comes to Lake Okeechobee ,'' Wehle said.

Mecca eyed as source of fill

By HECTOR FLORIN

Palm Beach Post Staff Writer

Thursday, June 21, 2007

There may be uncertainty now about what, if anything, should be built on the county-owned Mecca Farms site, but ideas on how to use the property in the meantime continue to bubble.

County waste managers earlier this month identified Mecca as one of seven potential hurricane debris collection sites. Now it's being considered as a source of fill that would come from construction of a flow way. The fill would be sold to the Solid Waste Authority for use at its landfill.

At an authority meeting Wednesday, in which county commissioners sat as its board of directors, commissioner and authority Chairman Jeff Koons presented the concept as a potential economic benefit to the county while meeting the need for fill.

"Fill is very, very valuable," Koons said. "They got fill. We need fill."

Mecca also could be used as the new location for the authority's waste-grinding operation, now at the foot of the current landfill just west of Florida 's Turnpike.

The authority needs between 3 million and 6 million cubic yards of fill between now and 2020, and it currently has 300,000 yards set aside, which is enough for the next several years, said Ray Schauer, the authority's director of engineering and public works.

Fill is used daily to cover garbage piled onto the landfill, to reduce odor and vermin, Schauer said.

The authority has gotten some of its fill previously by dredging lakes and when the county built Okeeheelee Park off Forest Hill Boulevard .

Authority and county officials said the idea of using fill from Mecca is still preliminary.

When The Scripps Research Institute was planned on Mecca Farms - known by the name of its former owner, a grower - roughly 250 of its 1,920 acres was considered for a flow way to nourish the Loxahatchee River .

While those plans were scrapped and Scripps moved east, the county will try to incorporate the flow way into whatever happens at Mecca , County Administrator Bob Weisman said. It's uncertain if approvals will be needed for the excavation of fill.

"I don't know what the environmental or permitting issues will be, if any," Weisman said.

Governor Signs Private Toll Road Bill

Gov. Charlie Crist said Wednesday he signed a bill to let private companies build and operate toll roads because it would help end congestion on Florida highways, even though he didn't like a provision for automatic toll increases.

The new law drew opposition from environmentalists who argued it would increase urban sprawl by encouraging the construction of unnecessary roads. Other critics said it would mean higher tolls.

The law will allow the state to lease existing toll roads, except for Florida 's Turnpike, to private companies and let them build and operate new ones.

Developer betting Alachua will get new I-75 interchange
By Ronald Dupont Jr.
Hig Springs Herald Editor

ALACHUA – With a developer betting that an Interstate 75 interchange will be built at Peggy Road , the city commission gave initial approval to rezone 53 acres of land there that could one day host a variety of businesses.

The land, owned by WACO , the same company that sold land for the Wal-Mart and Dollar General distribution centers, is highly prized because the land borders I-75 on the south and spans between Peggy and Rachael roads.

Developers said that the land would hold roughly 500,000 square feet of commercial space, or roughly three times the size of a Wal-Mart Supercenter .

Alachua Mayor Gib Coerper said he understood why WACO wanted to rezone the land but questioned why they were asking for rezoning when an interchange at Peggy Road is not in the foreseeable future.

Coerper said the DOT may very well expand the U.S. 441 interchange first – before building another interchange in Alachua.

But Gerry Dedenbach, of the firm Causseaux, Hewett & Walpole, said that commissioners need to realize how long the process takes for land to be rezoned, for surveys to be completed and for construction plans and site plans to be drawn up.

Dedenbach, who was representing WACO at Monday's Alachua City Commission meeting, said the process will take years. WACO does not want to be in a position of suddenly finding a great need in the area for commercial space but being years behind in the process, Dedenbach said.

“We don't need to wait five to six years and see if the demand is there,” he said.

The developer also requested that other land WACO owns – 34 acres at the southwest corner of County Road 235 and 110th Avenue – be rezoned to industrial. The developer pointed out that the land is bordered by the distribution center complexes on two sides.

But two residents pointed out that the land also borders homes on the other two sides and asked that the land be considered as a buffer zone between the homes and the distribution centers.

Resident Michael Canney said he was not happy that WACO was slowly determining the look of the city in that area as land is regularly rezoned to commercial or industrial zoning. He pointed to the developer's study, which said the city needs more commercial land.

WACO has said it has analyzed the needs of the city and determined that the city needs more commercial use and it happens to be on their land,” he said.

The commission voted 4-1 for rezoning both parcels of land, with Coerper dissenting.

The full, 29-page report to the city commission about both parcels of land can be found HERE.

Developer wants to build neighborhood near distribution centers

ALACHUA – The same developer that sold the land for the Wal-Mart and Dollar General distribution centers wants to build hundreds of homes so close to the centers that people could almost walk to work.

The Alachua City Commission gave preliminary approval in the first of many steps for as many as 472 homes to be built on the south side of County Road 235 at the CR 235A intersection.

The homes would be adjacent to the Pilot Forest neighborhood on the south-southwest side.

The 22-page report given to city commissioners about the rezoning and planned neighborhood can be found HERE.

While WACO owns the land, the company would be using Alachua resident Robert Hartley to develop the land. Hartley is now constructing Savannah Station, a neighborhood that received much praise for the way it was designed around existing land features and for how it made entering and exiting into the neighborhood easy.

In fact, Alachua city commissioners, in giving their preliminary vote, kept referring to Savannah Station and said they hope the new development would have many of the same features.

In a related matter, Mayor Gib Coerper pointed out that if the proposed development does get built, a sewer line would be extended to the development and in front of Pilot Forest , whose residents now use septic tanks and well fields.

Coerper said the city may want to begin discussions with the Pilot Forest neighborhood on switching them to the city's sewer system.

Development plan for Micco is devastating

Florida Today letter to the editor

Palm Bay City Manager Lee Feldman's plan for developing the south side of Micco, which includes a new interchange for Interstate 95, will harm far more than the environment.

His attempt to soften the horrendous impact of devastation upon the environment obfuscates the undisclosed plan that will tragically affect tens of thousands of residents, and millions of precious native animals, trees and plants.

For developers, the I-95 interchange is critical for the planned St. Johns Parkway .

Without dissension, a county commission meeting last year revealed the parkway, partially supported by developers, provides an extensive means for developing traffic far to the north and south.

That, in turn, would serve as a fertile corridor for virtually unlimited development.

Problems with developer-planned exploitation include:

Increased muggings, home invasions, killings, drug marketers, traffic congestion with injuries and fatalities, poisoned air and water, noise, flooding by water runoff, tighter water restrictions, higher taxes, and so on.

The worst invasive animals to Florida are greedy developers and the politicians supporting unbridled growth. Concerned citizens must speak up.

Leonard V. Becker

Interchange could alter Hills design

Needed acreage might limit commercial space

Robert Sargent | Sentinel Staff Writer

MINNEOLA - A large interchange on Florida 's Turnpike may be big enough to detour some plans for the massive Hills of Minneola community.

The proposed interchange could have to handle up to 60,000 vehicles a day to accommodate tremendous impacts from the Hills and surrounding developments in that part of south Lake County, according to preliminary estimates from the Turnpike Enterprise. That is nearly twice as much traffic as what currently files through a busy interchange at the turnpike and State Road 50 east of Clermont.

Hills landowner and project developer Family Dynamics Inc., formerly known as the Gregg Family Land Co., had planned for the new interchange in the middle of nearly 4,000 proposed homes and about 3 million square feet of retail outlets, offices and industrial buildings. But Family Dynamics did not expect it would take up so much space -- roughly 178 acres for a large, partial cloverleaf with long on- and off-ramps.

The developer initially said the road project could reduce the amount of planned commercial and industrial development -- a key part of the Hills that Minneola officials had hoped would create local jobs along with all of the development's homes.

"If this is what we end up having to give the Turnpike [ Enterprise ], you can kiss most of the employment center goodbye," Family Dynamics President Bruce Duncan wrote in a recent e-mail to Minneola City Manager Bruce Behrens, Mayor David Yeager and City Council member Joe Teri. "That is over half the land slated for commercial/industrial/retail and employment. Wow."

If the turnpike needs more space, some city officials say the Hills should reduce some other part of the development.

"The employment center is more of what we need," Yeager said.

Major changes to the Hills plan could force the development to go back before the council, which granted preliminary approval with a split 3-2 vote in October despite concerns about the impact on roads, schools and public services.

On Wednesday, Duncan said his group is conducting an engineering study for the proposed interchange and that the size of the project could shrink depending on talks with Turnpike Enterprise officials. He said they could look at changing some parts of the community such as the residential areas to accommodate the needed space.

"I think we could come up with a plan," Duncan explained.

Yeager said it may be too early to know exactly how the interchange will affect the Hills. When completed, possibly in 15 years, the huge development is expected to generate up to 105,000 vehicle trips a day for all of the area's roads.

Add to that impacts from the nearby Sugarloaf Mountain community proposed for 2,200 homes, a golf course, and 120,000 square feet of commercial and office space.

The Reserve at Minneola is planned for 689 homes, and Founders Ridge aims for 963 homes. Black West in Clermont is planned for up to 1,300 homes, and Bella Collina is building more than 800 homes.

The future development compounds growth in south Lake . Clermont more than doubled its population in the past six years to more than 22,000 residents. Groveland expanded by 130 percent during that same time to more than 6,000 residents, and Minneola grew 73 percent, to more than 9,400 residents.

Traffic also has grown -- much of it packs S.R. 50 each weekday as motorists head toward the turnpike east of Clermont in Orange County . That interchange handles about 31,000 vehicle trips a day, according to reports.

One of two interchanges at U.S. Highway 27 has about 6,000 vehicles a day -- the other has 10,000. A relatively new interchange that opened in early 2005 at County Road 470 has about 800 trips a day.

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

Proposed amendment pits builders against voters

BY RICK CUNDIFF
STAR-BANNER

OCALA - A proposed constitutional amendment that would require voter approval for changes to city and county comprehensive land-use plans would be disastrous for the state's home building industry, a trade group representative said Wednesday.

Addressing the monthly meeting of the Marion County Builders' Association, Douglas Buck of the Florida Home Builders Association said the proposed Florida Hometown Democracy amendment could cause gridlock in the voting booth and stall development.

"The citizens of Ocala would probably vote on five or six hundred proposed plan amendments every two years," Buck said.

But organizers of the Hometown Democracy movement say the proposed constitutional amendment is a way to return control of growth to voters, not special interest groups.

Florida Hometown Democracy is working to get enough petition signatures to get the proposal on the ballot in time for next year's presidential election. Co-founder Lesley Blackner said Wednesday afternoon her organization now has about 400,000 signatures out of a total of 611,000 required.

The FHBA is one of several business organizations opposed to the Hometown Democracy amendment, and wants to get local chapters such as the Marion County association involved in publicizing its opposition, Buck said.

"It's extremely important that this association pay attention to this issue," he said. "If it hits the ballot. the din is going to be huge. We're going to have to make an argument that this is not the way to proceed."

Concern about the Hometown Democracy amendment prompted the FHBA to support last year's Amendment 3 which now requires a 60-percent majority to approve amendments to Florida 's constitution.

"We were the major funders of Amendment 3, trying to raise the bar," Buck said.

Blackner, reached by telephone later, questioned the FHBA's motives.

"Why are they so afraid of people voting?" she said. "No one is entitled to a comprehensive plan amendment. These are political decisions. Too many of [ Florida 's] city and county commissions have simply redefined the public interest to keeping these developers going."

Voters could have trouble understanding the proposed amendment itself, Buck said.

"The average citizen, it is difficult for them to understand what they are voting for, yes or no," he said.

Buck called the proposal "a simplistic solution to a complex problem," adding that "wacko environmentalists" and others are likely to vote for it.

Blackner doesn't agree with opponents' claims that the proposed amendment could stall the building of schools, road improvements and other infrastructure, and believes voters should decide if such improvements are necessary.

"The comprehensive plan should reflect the public interest, and if the public doesn't want them, it shouldn't be rammed down their throats," she said.

Rick Cundiff may be reached at
rick.cundiff@starbanner.com or at (352) 867-4130.
 

Ag Department Keeps Canker Quarantine

By Kevin Bouffard

LAKELAND -- The U.S. Department of Agriculture declined to lift a canker quarantine on fresh citrus shipments out of Florida , according to a final rule it published today.

The USDA had imposed the quarantine last year under a temporary rule, and Florida citrus officials had hoped for changes that would allow it to ship to California , previously a major market for fresh Florida citrus.

Read more in Friday's Ledger
.

Complex Planned Atop Freed Slaves Cemetery

Published: Jun 21, 2007

DARBY - Developers are looking to build homes on a former tomato farm in north-central Pasco , but an amateur historian worries the proposed Pine Ridge Estates subdivision might go up on the graves of freed slaves.

In an e-mail to Pasco County Administrator John Gallagher, Jeff Cannon of Hudson says the land owned by ETR Pasco LLC contains the historic Bee Tree Branch African-American cemetery.

Gallagher and the rest of the Development Review Committee will consider a rezoning request for Pine Ridge Estates that will let the developer build 300 homes on the property.

The cemetery, which is on county maps, covers just more than two acres of the 475 acres that ETR plans to develop.

County maps show the cemetery near the southeast corner of the Pine Ridge property.

Designs for the subdivision call for building more than three dozen homes atop the cemetery site.

Cannon says previous landowners slowly eroded the integrity of the cemetery by parking farm equipment on it. A lone headstone is visible on the property now.

"This is a truly historic cemetery," Cannon wrote to Gallagher.

Cannon runs a Web site dedicated to researching Pasco County 's old and abandoned cemeteries. In recent years, he has helped restore the West Elfers cemetery in New Port Richey and the abandoned Mount Carmel Cemetery , a black cemetery off Ehren Cutoff.

Pine Ridge Estates is proposed for land straddling St. Joe Road north of Darby Road and west of Interstate 75.

County officials have recommended the DRC deny the developers' request to rezone the property, but for reasons other than the presence of an old cemetery.

County officials say the proposal is out of line with the property around it and with the county's long-range plans. They say the developer hasn't met the county's standards for the type of project proposed.

And, lacking public water and sewer, the property is too close to Cypress Creek Wellfield to make 300 septic tanks environmentally feasible, county officials told the DRC.

Also on the DRC's agenda today are:

•A request by the developers of Wiregrass Ranch to vary from the county's rules on the size and location of neighborhood parks within subdivisions

•Denial of permission to de

velop a paintball field near the southwest corner of Hudson Avenue and Hays Road

•Development plans for 49 one-story office and retail buildings in front of the Oak-stead development in Land O' Lakes. The complex would encompass 142,000 square feet

•A change to the county's long-range plan to allow development of Starkey Ranch in Odessa

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

Well field sale set in motion

Pinellas wants to sell and Pasco wants to buy the 12,500-acre Cross Bar Ranch property.

By CHUIN-WEI YAP
Published June 21, 2007

LAND O'LAKES - The Pinellas and Pasco county commissions approved twin resolutions Tuesday that set the stage for Pasco 's proposed purchase of a 12,500-acre well field in northern Land O'Lakes.

Pasco would use the land for wildlife conservation.

There's no telling yet how much the Cross Bar Ranch well field might cost, but Pasco officials still need to secure the funds. They hope to get a grant from Florida Forever, a $3-billion state conservation land program run by the Department of Environmental Protection.

Tuesday's resolutions supporting the sale reinforce Pasco 's efforts to get on Florida Forever's grant list.

In the 1970s, Pinellas had sought inland groundwater for its future drinking needs, said Pick Talley, Pinellas utilities director. The purchases in part contributed to the regional water wars.

"But we have a regional water authority now," Talley said, referring to Tampa Bay Water,"... and it really isn't necessary for Pinellas to own land in Pasco County ."

Tampa Bay Water now pumps an average 22.5-million gallons a day from Cross Bar's 17 wells to help meet the region's water needs. Pinellas also built an education center on the property in 2003, to provide classes and guided tours so Pasco schoolchildren could see plants and animals in their natural habitat.

It's hard to tell how much the land would cost.

"We plan to get appraisals," said Rene Wiesner Brown, who manages Pasco 's environmental land buys. "The first step is getting to Florida Forever's approved list."

Pinellas spent about $12.9-million to buy the land in pieces through the 1970s and 1980s, but that's not today's value.

Last year, a similar purchase of the 5,100-acre Colt Creek State Park in Polk County cost about $54-million. Polk County provided $5-million; Florida Forever and the Southwest Florida Water Management District split the rest of the tab.

Florida Forever's governing board meets in August to consider the Cross Bar funding request, Brown said. It is likely to ask for further discussions and studies.

Pasco officials are eager to acquire the land, rather than see it possibly go to some other buyer.

" Pasco has a first chance to get at it," Brown said. "But if the deal does not go through, (Pinellas) may pursue other options."

Also on Tuesday, Pasco commissioners told Brown to put a 116-acre southwest Pasco property on her shopping list.

The Pasco Palms property, owned by Frank Darabi, sits opposite Eagle Points Park on Strauber Memorial Highway , Brown said.

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

Starkey plan a nod to patriarch

The grandchildren want to develop places where people can still walk into town.

By CHUIN-WEI YAP
Published June 21, 2007

ODESSA - The legend of Jay B. Starkey Sr. goes something like this:

Fatherless at 10, he always wanted to be a cattleman. He snagged his first 10 acres in Largo in 1922 with a down payment of a horse, a hog and $50.

By the time he died in 1989, he had parlayed that into 16,000 acres of Pasco County pasture. The bulk of it went into the Starkey Wilderness Preserve. Some of it went to the Longleaf community his two grandsons built.

Now, the last 2,500 acres are poised to transform Odessa .

On the northeastern corner of Starkey Boulevard and State Road 54, Jay B. Starkey Sr.'s grandchildren -- Trey, Frank and Laura Starkey -- envision up to 4,200 homes, a 16-screen cinema, a downtown district, a business park, three schools, an 80-acre district park and a 100-room hotel.

More than half of the proposed Starkey Ranch is set aside as conservation land, linked by a network of trails. The family is going before the county's top staff planners today, partly to preserve the most sensitive wetlands from any development.

Laura Starkey is taking the lead on what's tentatively called the Starkey Center for Nature and Community, a nonprofit that will take care of conservation and wildlife management on the project.

"The community-based side of it is providing opportunities for people to interact with the land, to learn from it, enjoy it and touch it," she said -- then laughed and corrected herself: "Not touch it too much. Just to the degree that people are connected with nature."

The siblings are partnering with Crosland to develop the ranch's proposed town center, a 250,000-square-foot Main Street lined with cafes, stores and restaurants.

With Frank Starkey's involvement in the antisprawl New Urbanism movement, and with Longleaf as a model, it's no surprise that Starkey Ranch is envisioned as a compact "traditional neighborhood," with street grids, front porches and downtown centers within walking distance.

"The big thing about traditional neighborhoods is that it dethrones the car," Trey Starkey said. "We take care of the pedestrian first."

That sets the siblings up for a potential squabble with county traffic planners, according to county documents.

The county wants to extend Tower Road through the heart of the ranch as a four-lane, 45 mph route. The Starkeys argue that it's better for traffic flow and quality of life to split the extension into two 2-lane, 25 mph roads instead.

But more than a year's worth of government review lies ahead.

The Starkeys are going before the county Development Review Committee today to seek a change in the comprehensive land use plan, one of several hurdles they must clear.

They still have to secure a regional planning permit, pass rezoning hearings and get the County Commission 's blessing.

"The best-case scenario is we have the shovel in the ground at the end of 2008," Trey said.

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

River problems chronicled online

Activists list specific instances of St. Johns River pollution

By Steve Patterson, The Times-Union

Jacksonville-area environmental activists have documented hundreds of violations of federal clean-water laws involving the St. Johns River in a report posted on the Internet.

The project makes it easier for people to track water pollution in their own neighborhoods.

See also: Read the report by the St. Johns Riverkeeper and the Public Trust Environmental Law Institute of Florida.

"I'm very happy that they can look at specific sites, permit holders, and see what is going on in their specific area," said Quilla Miralia, executive director of the Public Trust Environmental Law Institute of Florida, based in Jacksonville Beach .

The St. Johns Riverkeeper and the law institute compiled records of 298 clean-water violations from files of the Florida Department of Environmental Protection. Those occurred in Northeast Florida between January 2005 and August 2006.

The state agency enforces federal clean-water laws.

The documents show that water pollution happens routinely and contributes to some of the river's biggest problems, the head of the Riverkeeper organization said.

"I guess generally there's a problem with the permitting system," said Neil Armingeon, who said sewage treatment plants and other places holding state and federal permits had chronic problems.

Armingeon said people from his office and the law institute spent hundreds of hours examining state permit files, using a scanner to record electronic images of important reports. Those images are included in the report posted on the Riverkeeper Web site. The address is www.stjohnsriver keeper.org/compliance_report.asp.

He said the number of repeated violations at the same locations show that the state's penalties for pollution need to lead to concrete solutions.

A DEP spokeswoman, Jill Johnson, said agency employees will be reviewing the Riverkeeper report today. Johnson said Wednesday that she couldn't address the report's conclusions.

The online report recommends that DEP make more information available online, and that there should be less lag time in recording permit violations. It also asks the Florida Attorney General's Office to review whether state environmental officials are following public records laws.

OrlandoSentinel.com

Effort to annex riles residents

Cards mailed to 6,000 property owners say they must sign agreements allowing annexation by Casselberry .

Sandra Pedicini

Sentinel Staff Writer

June 21, 2007

Mixed in with the magazines, bills and coupons that arrived in the mail last week came a surprise for many Seminole County residents.

Cards sent to more than 6,000 property owners said they must sign agreements allowing their properties to one day become part of Casselberry .

The cards went out to unincorporated neighborhoods all around Casselberry that get city water and sewer service, from English Estates on the southwest to Deer Run on the east.

Many people who got the cards want no part of Casselberry . Some fear they'll pay more money for inferior services. Some have Winter Park and Maitland addresses and want to be identified with those communities -- not with Casselberry .

Residents have been furiously calling elected officials, all the way up to the governor.

"I've never seen so many people upset," said Stan Bessmer, a community activist in Fern Park . "Every homeowners association I've talked to around here, they are livid."

The cards said "all property owners" must sign agreements, but Casselberry officials said that's not the case. Right now property owners must sign agreements only when new utility service is started -- generally by a new property owner or renter. People who have owned their homes since before 1991 will never have to sign the agreement.

Mayor Bob Goff acknowledged Casselberry didn't handle the situation well. The city "could have been a lot clearer," he said.

In 1991, Casselberry put into effect rules saying that people who sign up for city water and sewer service also must sign annexation agreements.

But when Barbara Lipscomb started as city manager earlier this year, she realized that Casselberry hadn't been enforcing those rules.

She wanted that changed, she said, so the city began presenting new water and sewer customers with annexation agreements that property owners must sign.

Lipscomb said other property owners who bought their homes since 1991 may have to sign the agreements "at some point." But she doesn't know when that will be. If they refuse to sign, Lipscomb said Monday, it could mean the end of their city utility service.

People who have owned their homes since before the rules went into effect would be exempt, as would some Orange County residents who get Casselberry water service.

Cecelia Height didn't realize when she received her notice that she was exempt because she has owned her home since 1986.

"I'm relieved this does not affect me, but it was just so heavy-handed and done so poorly," she said. "I was very upset, and I remain very concerned about it."

City officials have been flooded with calls, prompting them to put more information on their Web site, www.casselberry.org.

Just because someone signs an agreement doesn't mean they'll be annexed anytime soon, Lipscomb said. She noted that in some cases, it may not be in the city's best interest to annex. But in a mailer she sent out to residents, Lipscomb acknowledged she wants Casselberry to expand its borders -- and that made some residents nervous. Then the cards came.

Residents of the Tanglewood homeowners association called a special meeting Monday night to talk about what has been happening.

"I guess mainly it's just the perceived address," said Justin Westerfeld, treasurer of the Tanglewood Area Civic Association. " Winter Park sounds a lot better than Casselberry -- not to sound snobby."

Casselberry officials say annexation would have no effect on mailing addresses.

Lipscomb pointed out that many other cities require annexations and annexation agreements from unincorporated property owners who sign up for new water and sewer service.

But the situation is a little different in Casselberry , which has provided utility service for years to older neighborhoods surrounding it.

Seminole County Commission Chairman Carlton Henley said he doesn't think Casselberry can require the owners of any of those homes to sign annexation agreements.

"It's coercion," said Henley, who met with Lipscomb on Monday about the issue.

"We took the position it may require a class-action suit against the city if they attempt to cut off water to those houses they've been serving all these years," he said.

Commissioners were already miffed about Casselberry 's vote in favor of an annexation they consider questionable. The Casselberry City Commission gave tentative approval last month to annex several acres on Anchor Road . County commissioners plan to send an attorney to oppose the annexation when it comes up for a final vote next month, Henley said.

Sandra Pedicini can be reached at spedicini@orlandosentinel.com or 407-322-7669.

Sebring Suspends Annexations

  Highlands Today

The proposed superexemption does not apply to commercial property. Therefore, the market and taxable would be identical values for tax purposes. There will be a required rollback of millage rate for counties and cities for 2007.  

By Mandy Sheets of Highlands Today  

Published: June 21, 2007  

SEBRING — City officials say they don't want any new residents until they know exactly how their budget will be affected by the superexemption proposal.  

The Sebring City Council denied annexation at Tuesday's meeting of two new developments that would have brought 250 homes into the city.  

If voters pass the Florida Legislature's superexemption proposal on the Jan. 29 ballot, municipalities will receive significantly less money through property taxes for the 2008-09 fiscal year.  

City officials said they doubt their ability to provide basic services with the money they would receive from property tax if the proposal passes.  

"Why would we want to annex anyone if this (superexemption proposal) passes?" council member Jeff Carlson asked. "There is a huge discrepancy between the amount of taxes we collected before and what we will receive now."  

Michael Swaine, city attorney, said because the city's budget will be stretched thin if the proposal passes, annexing more residents would only put a higher burden on current residents.  

City officials examined dollar amounts for a 76-home development planned for Peters Road and Kenilworth Boulevard , where homes are expected to have a property value of $170,000.  

Based on the superexemption proposal, property owners would pay tax on 75 percent of their property value on homes less than $200,000.  

With the current tax system, the city would receive $71,630 for the development. Under the superexemption, the city would collect only $20,995.  

"We cannot give adequate fire and police protection with that amount of money," council member John Griffin said.  

This particular project has already been approved at the county level, so it can proceed without annexation. The city will still provide water and sewer services and has the option of annexing the development at a later date.  

Dale Polston, project engineer of the second development, said his project will now be delayed about four months because he will have to apply for permits through the county.  

This development, slated for 67 acres on Ben Eastman Road , is expected to have homes with $275,000 property value. Under the superexemption, homes with property value higher than $200,000 receive a 25 percent exemption on the first $200,000 and 15 percent exemption off the balance. The homeowners in this subdivision would only pay ad valorem tax on $113,750, with the 174-house development generating $128,651 for the city. With the old calculations, the city would receive $282,750 in taxes from the development.  

"There is no question we could provide services based on the old calculations, but I question our ability to do that with the new numbers," Hoffman said.

Rainbow Springs property owner sues Marion County

 

BY CHRISTOPHER CURRY

STAR-BANNER

OCALA - The battle continues over the county's plan to charge property owners in Rainbow Springs for road repaving in the neighborhood, located north of Dunnellon near U.S. 41.

On Monday, a property owner identified in court records as Deborah Techentin sued Marion County over the County Commission 's unanimous decision in late May to establish a Municipal Services Benefit Unit (MSBU) to fund road paving in Rainbow Springs.

The lawsuit alleges the commissioners violated state law and county code with the vote. Specifically, it argues that the vote conflicted with a provision that commissioners have the power to levy assessments for road improvements when 51 percent of the landowners in an area sign a petition of support.

"That's a requirement," said Richard Bennett, a Coral Gables attorney for the plaintiff. "We don't think it's optional. It's mandated."

But County Attorney Thomas Wright pointed to another section of the county code which states: "The board shall retain the authority to create improvement areas without a landowner petition."

Wright said that gives the County Commission the authority to create an MSBU without a petition but, as a matter of policy, commissioners have used the petition process to measure support for creation of an MSBU.

The county's contracted bond counsel, Chris Trabor, said much the same during the May 29 public hearing to establish the MSBU.

"The bulk of our clients do not have the petition process," Trabor said during the meeting. "It is not legally required under Florida law."

The lawsuit states that petitions were sent out to 1,408 property owners in late 2005. According to the county's Municipal Services Taxing Unit Department, 477 responses in favor of the assessment and 449 responses in opposition were received by the Dec. 20, 2005, deadline.

But the lawsuit alleges that county staff should have counted 17 petitions postmarked on Dec. 20 but received after that date. During the May 29 hearing, MSTU Director Myra Tedder said the deadline was to have the petitions received, not mailed out.

The lawsuit alleges those petitions would have added 14 property owners in opposition to the assessment and three in favor and tipped support below the 51 percent threshold in county code.

The County Commission discussed the lawsuit briefly Tuesday. Wright said the plaintiff's lawyer had offered to drop it if the county agreed to redo the petition. Commissioners did not want another petition.

"We'd just be faced with the same thing at the end of all that," Commissioner Jim Payton said. "Let's just move on with it."

The assessment would fund a $1.4 million project to pave about 21 miles of roads. Assessments for property owners would range from $950 to $1,100 per lot.

Christopher Curry may be reached at

chris.curry@starbanner.com or (352) 867-4115.

County Approves Impact Fee Hike

By Tom Palmer
The Ledger

BARTOW - Construction prices are going up and so are impact fees, the County Commission voted 4-1 on Wednesday.

Commissioners approved a resolution that, for the first time, imposes an across-the-board 3.3 percent indexing increase to make sure the fees will pay for the projects they're supposed to fund.

The vote affects impact fees for roads, the jail, ambulance service, libraries, parks, fire and police. The school impact fee, which is based on the amount of state funding coming to local schools, will have to be calculated separately and will be considered at the July 11 commission meeting.

The changes will increase impact fee revenue by more than $1 million.

Wednesday's vote didn't come quickly.

Commissioner Jack Myers, a consistent impact fee critic, tried unsuccessfully to scuttle the increase, citing recent news of the slump in building permits and the perennial argument that the fees stifle home ownership.

But commission chairman Bob English said that argument was short-sighted.

"What's the point of having a plan if you don't fund it?" he asked, referring to the county's long-term capital plan to expand roads, parks and other public infrastructure to keep up with growth.

Myers argued that lowering the impact fees would stimulate more construction.

English said the current building slump had nothing to do with impact fees.

"Construction's down nationwide," he said, arguing the trend is market-related.

English said construction costs and land prices probably have more of an effect on the price of a new home than impact fees.

Commissioner Randy Wilkinson said he didn't want Polk County to have impact fees so low it would become a magnet for people whowant to live here and work elsewhere.

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

Martin residents want growth protections

Palm Beach Post Staff Writer

Thursday, June 21, 2007

STUART — For many, Wednesday was a chance to brag about Martin County and urge officials to keep it as it is.

For others, it was a day to vent about the need to do more to protect residents, the poor, wildlife, the boating community and the environment.

around paving some more," said Stuart resident Giovanna Gallottini, one of more than 150 residents who attended a public workshop on what's right, and what's wrong, with the county's planning for growth.

County officials hired a consultant to evaluate the county's comprehensive growth plan to see if it needs to be changed. The state requires counties to reevaluate their plan every seven years.

Most of the discussion Wednesday centered on a recommendation in an earlier unrelated consultant's study that suggested the county should allow clustered pockets of homes on rural land where the plan currently only allows one home per 20-acre lot. Commissioners did not implement the recommendations of that study.

Residents on Wednesday said they did not want to see the "evaluation and appraisal report" to be used as a way to change the plan to allow clustering, which opponents say will cover the county in urban sprawl.

"I don't trust that at some point in time the clusters won't all just meld together and become one big cluster," said Jensen Beach resident Lisa Berry Klausmeyer.

Consultant Lorraine Tappen of Fort Lauderdale-based Calvin Giordano and Associates stressed that her study has no connection to the earlier clustering study.

Several other residents said they didn't want the plan to allow any more population growth than it already allows over the next 15 years, regardless of how many people want to move to the county in the future.

But business owners and land planners said that the county's strict growth rules and all of the impact fees are making it tough to run a business and even tougher to find an affordable home.

"We're not doing enough to attract high-paying jobs for our kids," Mark Mathis said. "If we continue with this 'shut the door behind us' attitude, we won't be able to build a house for them either."

Dave Dew, chairman of the Martin County Democratic Party's executive committee, suggested making the plan do something to protect mobile home parks from redevelopment to preserve affordable housing. But Erica Kubia, a planner for a law firm that represents developers, suggested that the plan needed a better way to provide affordable housing than mobile homes.

Other residents suggested making changes to the plan to protect palm trees, gopher tortoises and wetlands, and to protect waterfront property from being developed into condominiums.

Tappen said the consultants would return for more public hearings in August and September and again next year before commissioners vote on the study in October next year.

Gopher tortoises now protected;

developers must relocate the animals

By Mallory Colliflower

For The Herald  

Gopher tortoises throughout the state can sleep a little more comfortably in their underground homes beginning July 30.

Developers seeking to bulldoze land to make way for new homes must now relocate any tortoises that are living burrowed beneath the ground, thanks to a new policy voted on by the Florida Fish and Wildlife Commission (FWC) on June 12.

 

Florida Fish and Wildlife Commissioners voted June 12 on the interim policy that will remain in effect until more permanent regulations can be put into place.  

Until this new policy, developers simply had to pay a “take fee,” which gave them leeway to blindly plow over any tortoise holes in the building area, trapping and ultimately killing the animals inside.  

Now, the policy will mandate that developers locate the tortoise holes and relocate the animals “in a way that ensures long-term survival,” the policy states.  

The issue of “take fees” gained attention in the Crescent Communities after coverage by the High Springs Herald incited environmental groups to take action, and the process has been a long one.  

After successfully lobbying for the state status of the gopher tortoise be changed from “species of special concern” to “threatened” one year ago, organizations like the Gopher Tortoise Stakeholder Group have met with the FWC to compose a “management plan” to address the growing problem.  

The new policy is a culminating result of that plan.  

“We’ve listened to our stakeholders on this issue and have developed a policy we believe meets the needs of both Floridians and wildlife,” said Greg Holder, head of the gopher management team at the FWC.  

The policy affects developers who apply for incidental take permits after July 30 and any who still have pending permits before that date. 

This past Monday, at the Alachua City Commission meeting, developers bringing plans before the city were asked what they were going to do with the tortoises on the property.  

Those developers said they would do whatever the law tells them.  

The issue has struck a chord not only in the environmental community but also with local residents who are breathing a small sigh of relief.  

“I am just so thankful that somebody finally listened,” said High Springs resident Cindy Norden, who has written several letters to the editor on the topic. “These tortoises are the most peaceful, lumbering creatures you’ve ever seen.”  

Norden has befriended the tortoises that live on her property, so much that they will gently approach her and eat food from the palm of her hand.  

“They deserve to be here,” Norden said. “They deserve to be here more than we do.”

Another hurdle falls for Hickory Hill

The state says the project complies with the county's comprehensive plan.

By DAN DEWITT
Published June 21, 2007

BROOKSVILLE - The state has removed one of the last obstacles to the Hickory Hill subdivision, finding it in compliance with the county's comprehensive plan.

"I considered all of the facts that were laid before me and ultimately concluded that the amendment was appropriate," said Mike McDaniel, chief of comprehensive planning for the state Department of Community Affairs.

McDaniel informed the county of his decision this week in a letter to County Commission Chairman Jeff Stabins. It says the department has upheld the commission's vote on April 26 to approve the comprehensive plan change allowing the development, which includes 1,750 houses and three golf courses on a 2,800-acre ranch in Spring Lake.

Sindra Ridge, a member of the Hernando Alliance for Open Land Conservation, said Wednesday she was puzzled by decision but that the alliance had not yet decided whether to challenge it.

If the group wants to file an objection with the state Division of Administrative Hearings, it must do so within 21 days, DCA spokesman Jon Peck said.

In making his decision, McDaniel agreed with two of the main arguments of Hickory Hill developer, Sierra Properties of Tampa.

Its representatives had said the development would create a transition zone between the heavy development expected near Interstate 75, on the east side of the property, and rural Spring Lake to the west.

Alliance members contended the ranch was not a transition zone because the 4,800-acre planned development district near the interstate is still mostly farmland.

McDaniel said he looked at the future use of the district, which includes "8,500 dwelling units ... 9.8-million square feet of industrial, 7.8-million square feet of commercial and 880 hotel rooms."

He added, "This is just an estimate, but in any event there is a lot of development rights on the adjacent property."

Likewise, he said Sierra had shown a need for more residential land to accommodate the county's future growth. A planner for the alliance has said the developer overstated the need by manipulating population statistics using calculation methods different than those normally used by the DCA.

McDaniel said Sierra's methods were "professionally acceptable."

"It certainly appeared there was a need within the planning time frame," he said.

McDaniel made the decision without consulting either Charles Gauthier, the DCA's director of Community Planning or its secretary, Tom Pelham, who had both removed themselves from judging Hickory Hill's request. Gauthier helped develop the plan for the subdivision while working as a private planning consultant and Pelham previously worked in the same Tallahassee law firm as Jake Varn, who represented Sierra.

The DCA also passed on a chance to object to the development agreement for Hickory Hill that the commission approved with the change to the comprehensive plan.

"We've considered our option to challenge and decided not to," Peck said.

Sebring Sierra, the developer's vice president of operations, said DCA's approval was a testament to the support of members of the community.

"We're extremely pleased that we've passed this big step in the process of making Hickory Hill part of Hernando County's future," he said.

County Commissioner Diane Rowden, who cast the only vote against the project, said the state's ruling defied common sense.

When the county last re-wrote the plan, it created new protections for rural property in Spring Lake, she said; also, the dense growth McDaniel cited is "on paper only. There is no development district."

Dan DeWitt can be reached at dewitt@sptimes.com or 352754-6116.