Hometown Democracy Initiative Work In Progress

Growth Not Problem

Regarding 'Hometown Democracy Threatens Economy, Property Rights' (Other Views, June 19):

Lenard Gilroy's characterization of Hometown Democracy as destructive ballot-box zoning and a threat to property rights is simply wrongheaded.

If the voters felt that they could count on their elected officials to stick to a well-thought-out comprehensive plan, there would be no need for subsequent public oversight until the next planning cycle. But what we have instead is a parade of developers each seeking 'just one' rezoning or variance approval from city and county commissioners - and they are not seeking to build low-income housing.

Among the various 'property rights' there is no such thing as the right to have your property rezoned. Nor is there any right to expect expensive public services to be provided when you choose to build a housing development in a remote rural area.

Property taxes and insurance costs are driving home affordability, not planned growth.

FRED JACOBSEN

Apollo Beach

Give Yourself A Vote

Regarding Gilroy's June 19 column:

As co-author of the Florida Hometown Democracy Amendment, I want to correct his distortions. Florida's Supreme Court noted that existing law allows referenda for land use plan amendments that affect more than five parcels.

Radical? No, the U.S. Supreme Court calls the referendum a 'basic instrument of democratic government.' Next, zoning changes are not covered by the amendment. I challenge Gilroy to prove his 'sky is falling' claims about housing, the economy and property rights. Gilroy doesn't seem to care about the property rights of existing residents who are forced to fund the very growth that degrades their quality of life.

Give yourself a vote on growth - www.floridahometowndemocracy.com.

ROSS BURNAMAN

Tallahassee

 

Wants To Have A Voice

Regarding 'Businesses Fight Push For Land Use Overhaul' (front page, June 20):

There are some people who want to prevent Floridians from deciding their own future. The development industry and Florida Chamber of Commerce are acting in a very aggressive manner against the Florida Hometown Democracy organization.

FHD wants to give power to voters - in other words, you and me - to decide whether changes to comprehensive plans should be approved or not. Although some of this group's goals may require fine-tuning down the road, their desire to empower citizens is the right thing to do. Our county commissioners sure aren't looking after this county's future.

Look at what much of Florida is becoming. Look at how many formerly rural places are now strip malls and housing tracts. Look at the traffic! What a nightmare to drive through Orlando or Miami or just on Interstate 275.

Look at our coasts and all the condos and other developments blocking us from our beaches. The developers and commercial business groups want us to think there is something un-American in wanting to have a voice in deciding our state's future. Well, I say it's the most American thing we can do. I support Florida Hometown Democracy.

JANIDA THUEMLER

Tampa

A Better Solution

Growth in Florida is out of control, but Florida Hometown Democracy may not be the most efficient way to alleviate the problem. Every major land-use decision to be voted on by the public would be expensive and cumbersome.

Possibly a better solution would be to change financing laws to severely limit contributions to elected officials. Maybe then your elected representatives would vote for the best solution rather than the one that has been paid for.

BARRY MANN

Tampa

Elimination Of Wetlands Division Makes Residents Feel Betrayed

Published: June 30, 2007

Don't Eliminate Division

Regarding 'County OKs Killing Wetlands Division' (Metro, June 22):

Last Thursday's vote by four commissioners sitting as the Environmental Protection Commission to eliminate the wetlands division has to be the most boneheaded, shortsighted and dumbest decision this county commission has ever made.

EPC's wetlands division of Hillsborough County is the only guardian and steward that protects green space and wetlands for the citizens against total destruction and development by contractors. EPC's wetland rule is more stringent and protective than others for the purpose of preservation.

I'm all for eliminating duplication of efforts by builders to get permits. Eliminate the Corps of Engineers, SWFWMD or PGMD from the permitting process, but for the sake of Hillsborough County's future, do not eliminate the wetlands division. If we let the commission actually do this, all we need to do is look at Pinellas County to know what our future will look like - wall to wall concrete.

MANFRED LIEBNER

Sun City Center

Fox Guarding Hen House

Brian Blair, as the chairman of the Environment Protection Commission, is like the fox guarding the hen house. Under the pretense of saving money, they do away with the county wetlands management division. As usual the same four commissioners are shills for the developers, namely Blair, Norman, Hagan and White.

Thank you to Rose Ferlita, Al Higginbotham and Mark Sharpe for standing up for the interest of the public.

As far as saving money, I would recommend doing away with Norman's $40 million pet sports facility! It is supposedly to make money, but this is highly questionable. Hopefully people will remember this at the next election.

HANS K. SCHELLENBERG

Odessa

Local Protection Needed

After the commission forbid the local wetlands department to petition the state on the wetlands law change - which was ultimately defeated - I e-mailed my protest to the five who prevailed.

Some of the commissioners who responded to my e-mail assured me that the environment would still continue to have the full weight of local protection. Only Al Higginbotham kept his word!

Mark Sharpe and Rose Ferlita have consistently demonstrated firm support of the application of law for local environmental protection. I thank them for this.

Kevin White, Ken Hagan, Jim Norman and Brian Blair appear to me to be enemies of wetlands protection. In the face of a severe drought, how can they possibly defend this latest insane action?

Those four know that only local protection will work to save our aquifer. But then the developers will be inconvenienced, won't they?

RANDALL PISETZKY

Tampa

Permitting Made Easier

Hillsborough County Commissioners Blair, Hagan, Norman, and White have for some time been making noise about eliminating the county EPC's role in wetlands permitting.

Last week they finally astonished everyone and actually did it. The excuse was budget cuts, but the aim is to make permitting cheaper and easier and to ignore those small and pesky wetlands that the county regulates and the state and federal agencies do not.

Unfortunately, if this ill-conceived vote of the commission stands, it would appear that Hillsborough citizens would have to trust the Florida DEP and Corps of Engineers about larger wetlands (agencies which often act as rubber stamps for development plans) and lose their local voice in permitting overall wetlands, particularly smaller ones.

Further, the environment is one whole, and it will hamper EPC in its mission when the part of the world it is trying to protect is removed from its jurisdiction.

TIM OHR

Tampa

 

Smells Of Corruption

Is anyone paying attention to our elected officials? This latest move by Kevin White, Ken Hagan, Brian Blair and Jim Norman to eliminate the EPC's wetlands division just plain stinks of corruption.

This county borders a coastline; we also sustain the Hillsborough, Alafia and Little Manatee rivers along with numerous creeks and ponds. That's a lot of wetlands area to flip off. Why are these bozos so concerned with making it 'easier' for the developers? What about protecting our natural resources? What about flood plans and chemical runoff? What about fish populations and clean drinking water?

DEE HOOD

Ruskin

Didn't Keep Their Word

I was astonished and outraged to read in your June 23 editorial that a majority of our county commissioners have voted to eliminate the Hillsborough Environmental Protection Commission. Last year I attended the commission's Town Hall meeting at Benito Middle School. I had heard a rumor that the HEPC might be eliminated so when it came my turn to speak, I asked them about it.

Several commissioners, including Jim Norman and Ken Hagan, spoke on the subject. Unless they were engaged in advanced Orwellian double speak, I was comforted because I understood them to say they supported retention of the HEPC. They said it gave us an extremely valuable extra measure of protection not likely to be found at the state level.

Now, within the security of their re-election, they both turn 180 degrees. Hagan makes the excuse that the legislated tax cuts have changed things. Over the past three years the county has been awash in extra tax money that the Legislature has seen fit to get back under control. If budget cuts have to be made, they should be made in the new projects they've dreamed up to spend that surplus.

KEN CLANTON, SR

Lutz

State's Senators Oppose Funds For Gulf Oil Exploration

Published: Jun 30, 2007

WASHINGTON - Florida's U.S. senators may have thought they beat back drilling off the state's Gulf Coast, but a new battle may be brewing.

Senate appropriators have given initial approval to $10 million for seismic exploration to determine how much oil and gas reserves are in the eastern Gulf Coast.

The move led Florida Sen. Bill Nelson on Friday to take the Senate floor to complain that an agreement he and fellow Florida Sen. Mel Martinez made last year was being broken. The two agreed to back expansion of offshore drilling in the Gulf in exchange for language protecting their state from further exploration.

"What do you want to do an inventory for oil for unless you want to drill?" Democrat Nelson asked rhetorically.

Nelson warned he and Republican Martinez "will employ every available rule" to block the progress of the entire $32.3 billion Senate energy-water bill when it comes to the floor for a vote.

Nelson said, however, that he's also gotten word that may not be necessary. He said he has been approached by top appropriators and told the funding language for seismic exploration will be stripped from the bill.

"If that is the case, we will not have a big fight on the floor of the Senate," he said.

Martinez's office did not return telephone calls.

The vote to add the seismic exploration money on Thursday came just one day after Nelson and Martinez had warned their colleagues in a joint letter that they would seek to block any such move.

The Senate Appropriation subcommittee went ahead and approved the $10 million in a 17-12 vote on an amendment to the energy-water bill. The entire bill was later approved by the subcommittee.

Sen. Larry Craig, a Republican from Idaho, got the funding added with the support of subcommittee Chairman Byron Dorgan, a North Dakota Democrat.

"The amendment we approved today will allow us to find out what resources are out there without one drill bit entering the Outer Continental Shelf," Craig said.

Nelson, environmentalists and other critics of such seismic surveying for oil and gas say it would be the first step to undermining and then removing the offshore drilling moratoriums that have been in place for a quarter-century.

The underwater explosions involved in such surveys are harmful to marine life, environmental groups say.

Nelson's office identified Dorgan and Sen. Pete Domenici of New Mexico, the ranking Republican on Dorgan's subcommittee, as the senators who assured the seismic exploration funding would be deleted. Dorgan spokesman Barry Piatt said Friday that he has not yet spoken with Dorgan about that, and he could neither confirm nor deny. Domenici's office did not return a call.

The funding remains, for now, part of the annual spending bill that covers the Energy Department, the Army Corps of Engineers, and the Interior Department's Bureau of Reclamation.

Sen. Dianne Feinstein, a California Democrat who opposes the seismic exploration, had argued during the Thursday subcommittee meeting that the agency that normally would be assigned to overseeing such work falls under a different spending bill covering the Interior Department and should not be in this one.

Craig spokesman Dan Whiting said, however, that the Idaho senator thinks the work could be funded by the Energy or Interior departments. He said Craig has not been told his amendment will be stripped from the energy-water bill.

Reporter Billy House can be reached at (202) 662-7673 or bhouse@tampatrib.com.

Protesters join forces to fight Grand Ridge plan

By DEBORAH BUCKHALTER

Jackson County Floridan

Friday, June 29, 2007

Quillon and Kevin Yon are not alone in protesting Grand Ridge's plan to build a sewage treatment plant and sprayfield near Ocheesee Pond in the Shady Grove community.

They are the only two named as parties calling for an administrative hearing on the Department of Environmental Protection's plan to permit the plant and sprayfield, but many others in the community have signed informal petitions against the plant as well.

On Thursday, the Yons and dozens of other protesters met to talk informally about the issue, gathering at a landing on the banks of the roughly 5,000-acre Ocheesee Pond.

They're hoping to convince DEP not to permit the plant and sprayfield at its current site, and most would like to see Grand Ridge send its waste to Marianna or Sneads for treatment, rather than build a new plant at all.

They say the plant would put the Ocheesee in peril because of potential pollution that could come if material placed on the sprayfield runs off into the body of water.

They fear surface and drinking water contamination, declines in property values around the area, potential health problems, and a compromised quality of life.

The property where the facility is to be built is located roughly a quarter-mile from the pond, and Quillon Yon said he's dismayed and surprised that DEP would consider the permit, knowing that.

The Yons' protest for a hearing has been answered; the proceeding is scheduled for the week of Sept. 17 in Tallahassee .

Some are trying to get the hearing moved to Grand Ridge, but for now it is set to take place in the state's Division of Administrative Hearings building on the Apalachee Parkway in the capital city.

Those who oppose the plant are asking legislators, local officials and the governor of Florida to intervene on the community's behalf in the matter.  

Ex-PBC Commissioner Masilotti sentenced to five years

Palm Beach Post Staff Writer

Friday, June 29, 2007

UPDATED: 12:20 p.m. June 29, 2007

WEST PALM BEACH — Former Palm Beach County Commission Chairman Tony Masilotti was sentenced to five years in prison today for his conviction on a public corruption charge.

"I am truly sorry," Masilotti told the court in a whisper. "It's my fault. I accept full responsibility."

 

Senior U.S. Judge Kenneth Ryskamp allowed Masilotti to remain free for up to 45 days so he can tend to his ailing 11-year-old daughter, who suffers from an undisclosed illness that will require 30 to 60 days of treatment at a residential facility in Illinois .

Masilotti was surrounded by his closest friends and family, including Richard Rendina, brother of the late developer Bruce Rendina. Also Masilotti's older daughter Jennifer; his brother, Paul Masilotti; Pahokee Mayor J.P. Sasser; and the Rev. Leo Armbrust, the family's long-time Catholic priest.

Armbrust pleaded for the judge to show mercy.

"I am not here to excuse or condone the conduct that brought him to this court," the priest said. "His family is fractured. His reputation in the community is lost. He has lost his business. I am here to tell you that this is not a bad man. There is a lot of good in him."

Prosecutor John Kastrenakes noted that one of the schemes that illegally profitted Masilotti involved the Catholic church.

"As the court knows, part of his crime was to strong-arm the Catholic Diocese," the prosecutor said.

In addition to his sentence, Masilotti also was ordered to forfeit property and cash valued at nearly $10 million.

The political scandal, believed to the worst in the county's history, isn't over. Alleged co-conspirator Daniel Miteff's trial is set for October and prosecutors are pursuing new charges against attorney William R. Boose III, a former county lobbyist suspected of helping Masilotti hide his ill-gained profits.

Boose late last year abruptly pulled out of an agreement with prosecutors to plead guilty to a felony charge.

The feds also are investigating Palm Beach County Commissioner Warren Newell for unrelated allegations of self-dealing and failure to fully disclose his private financial interests before public votes. Newell has denied wrongdoing.

Masilotti, 50, became the third local official in a year to be sentenced to prison on corruption charges. Former West Palm Beach City Commissioner Ray Libertiis serving 18 months. Former City Commissioner James Exline has been ordered to surrender on or before July 20 to begin serving a 10-month stint.

Prosecutors asked Ryskamp to send Masilotti away for five years as a deterrent to other public officials tempted to break the law.

"A 60-month sentence is necessary to deter other similarly-thinking public officials from believing that this type of betrayal of the public trust will either be tolerated or punished lightly," prosecutors wrote in a pre-sentencing filing. "The punishment here must make the temptation of self-dealing by any public official not worth the consequences."

Masilotti, 50, was offered a deal to plead guilty to honest services fraud on the condition that he accept Ryskamp's sentence without pleading for a break or appealing the judge's final decision.

Under sentencing guidelines, Ryskamp had the leeway to sentence Masilotti to anything from probation to a maximum five years. Without comment, defense attorney Howard Srebnick had submitted 25 letters to Ryskamp from Masilotti supporters.

Conspicuously missing were any letters from his former peers on the county commission or the Royal Palm Beach Council, which voted to strip Masilotti's name from a village park after his guilty plea.

"Look at what Tony did," County Commissioner Karen Marcus said. "I don't think he made a lot of friends along the way. He was a pretty abrasive guy." Prosecutors noted that Masilotti would have made $10 million had he not been caught. His schemes first were uncovered by The Palm Beach Post last year, triggering the federal probe.

"The facts alarmingly demonstrate that Masilotti came to view his good office as a position to garner substantial benefits to himself, his family and friends, and from which he could strong arm those unwilling to do his bidding through threats of financial retaliation," prosecutors wrote. "Self dealing, concealment of financial interests and concealment of financial relationships with individuals appearing before his body became a way of life of Masilotti's from the dais."

Prosecutors were prepared to charge the two-term commissioner with multiple crimes had he refused to plead guilty. Assistant U.S. Attorneys John Kastrenakes and Stephen Carlton wrote that they had enough evidence to charge Masilotti, at minimum, with money laundering, mail and wire fraud, and lying to federal agents - crimes that upon conviction could have imprisoned him for decades.

"The defendant received a substantial benefit for his decision to Îthrow in the towel' in this case through his plea to one count," prosecutors wrote to Ryskamp.

Susan Masilotti, his ex-wife and mother of his daughters, also was snarled in the corruption case. Though she wasn't charged, she forfeited $400,000 she received in the couple's divorce settlement last year.

The money came from a tainted Martin County land deal pushed by her ex-husband while in office, prosecutors said. Prosecutors alleged that during his final years in office, Masilotti collected cash and assembled a real estate portfolio worth $7 million to $20 million through a series of tainted land deals.

The property, held in a secret land trust and shell companies, was hidden until his divorce. In reporting the couple's assets in 2005, Susan Masilotti listed property in Martin County , documents referring to a secret land trust, and a series of certificates of deposits totaling $1.3 million.

None of those assets had been reported on the commissioner's state-required financial disclosure reports.

The $1.3 million represented the land trust's profit on a land sale to the South Florida Water Management District.

Masilotti moved to Palm Beach County nearly 30 years ago and opened an insurance office in Royal Palm Beach. He first ran for public office in 1992, handily defeating four other contenders for mayor of Royal Palm Beach.

He ran unopposed three more times before seeking the District 6 county commission seat in 1998. He resigned from that seat in October, three days before the corruption charge was announced.

Ethics drive commission members to disclosures

Palm Beach Post Staff Writer

Friday, June 29, 2007

WEST PALM BEACH — — Neither his name nor his prison-sentence hearing scheduled for today was mentioned at Thursday's county zoning meeting, but former County Commissioner Tony Masilotti was present in spirit.

Months after ethics fever washed over Palm Beach County when federal authorities charged Masilotti with using his public office for private financial gain, two county commissioners made separate disclosures about current and former business interests before votes were cast.

 

Commissioner Warren Newell abstained from one vote — changes to a proposed business development near Okeechobee Boulevard and Jog Road — because the engineering firm that employs him is doing work on the project.

Moments later, Commissioner Jess Santamaria said he felt uneasy casting a vote to rezone 28 acres for an office/warehouse complex near Southern Boulevard, which was sought by a company he once helped run and whose officers currently include longtime friend and former business partner Wally Sanger.

Santamaria, who was elected in November to the seat Masilotti held the previous eight years, had spoken with county attorneys about the issue who assured him he did not have to, and likely could not, abstain from voting.

"I do feel very uncomfortable voting on this application," Santamaria said.

Following the Masilotti charge in October, county attorneys briefed commissioners on state ethics laws, as well as the federal honest services law that led to Masilotti's downfall. Attorneys also recommended commissioners go beyond state requirements to disclose information about personal and business relationships — but such a relationship doesn't require abstaining from a vote.

A different case could have been made had Santamaria and Sanger been partners more recently, said Assistant County Attorney Lenny Berger, who presented commissioners with the disclosure suggestions earlier this year. Additionally, state ethics laws forbid commissioners from indiscriminately recusing themselves from votes.

Sanger bought out Santamaria's stake in Royall Wall Systems, Inc. in 2002.

Even so, Santamaria, who campaigned on issues of open government and the avoidance of even the perception of a conflict, repeated his concerns at the end of Thursday's meeting.

"I do have serious concerns about a commissioner actively participating in supporting a project when that commissioner has a prior close relationship with an applicant," he said.

"We do have to exert every effort to avoid even the perception of bias."

Newell is no longer on the board of directors of the engineering firm SFRN, but he still has a minority ownership in the company, he said after the meeting.

Masilotti, who resigned from office days before authorities came down on him, faces up to five years in prison for pleading guilty to federal honest services fraud.

Commissioners credited Santamaria for his concern, while one noted the difference between his situation and Masilotti's.

"The problem before was the sneakiness that people had," Commissioner Mary McCarty said.

Commissioner Burt Aaronson told Santamaria: "I have faith that we are doing the right thing. I know I'm doing the right thing."

A third item on Thursday's agenda — a Glades project near U.S. 441 that proposed homes, a day care center, charter school and health center — was postponed, but its name drew pause: Santa Maria Village .

No relation, the commissioner said.

S'long Tony, but hopefully not for long

Palm Beach Post Columnist

Friday, June 29, 2007

Dear Judge Ryskamp:

I am writing this letter on behalf of Tony Masilotti, the former chairman of the Palm Beach County Commission, who is scheduled for sentencing in your courtroom this morning ... the former chairman of the Palm Beach County Commission, who is scheduled for sentencing this morning ...

 

Excuse me for repeating myself, but I just can't get enough of that line.

First of all, let me just say that if Tony doesn't show up, or if he's running late to court this morning, please don't get upset. He frequently misses meetings or breezes in late. Just put him down for a "doctor's appointment" or something like that.

Don't worry. He'll have a good excuse, I guarantee you.

He's a busy guy, which I'm sure you've already figured out, seeing as how you are probably fully aware of his real estate schemes.

But let's not dwell on that.

Or as Tony put it when this "cheap shot" of a federal crime was first unearthed: "There is nothing inappropriate about buying or selling land."

I know you've received several letters already from his former constituents asking you to be lenient on Tony for using his position on the county commission to make millions of dollars in secret land deals. And you've also received a lengthy recommendation from the federal prosecutor, urging you to send Tony away for the maximum five-year sentence.

I am neither a constituent nor a prosecutor, and in the past, I've been accused of picking on Tony over far less.

"We should be so lucky as to have more like him," Gina Rascati of Wellington wrote four years ago, in response to a column I did about Tony being the only county commissioner to bag taxpayers for a big car. "Mr. Cerabino should pick on someone more worthy of the criticism."

Lamenting loss of inspiration

Fortunately, I did not heed Ms. Rascati's advice. But now, as I find those picking days possibly coming to an end this morning in your courtroom, I feel melancholy.

And for purely selfish column-writing reasons, I am already starting to miss the greedy scoundrel.

"I think the only thing I can do is let the people know that I have integrity," Tony had said during those days when he thought he could still slip away from the noose of his misadventures.

He was special that way, the way he could bristle with indignation when everybody in the room already knew he was toast.

We haven't had anybody this entertaining since Ted Brabham made a bumbling attempt to rig the state attorney's election, and ended up beating feet to Texas to make Jesus music.

And now, I guess, I'm already pre-missing Tony.

I know the temptation to lock him up is great.

Fair's fair: Tony can't deter crooks alone

U.S. Attorney Alex Acosta wrote, "A 60-month sentence is necessary to deter other similarly thinking public officials from believing that this type of betrayal of public trust will either be tolerated or punished lightly."

But think about this, your honor: Tony Masilotti is not alone in betraying the public trust here in Palm Beach County . And so the burden on him to teach the rest of the unindicted crooks here a lesson, would, in all fairness, have to be divided by the deterrent effects already logged by the recent sentencings of former West Palm Beach City Commissioners Ray Liberti (18 months) and James Exline (10 months).

That's nearly three years of combined deterrence already on the books, which, I would argue, would have to be subtracted from the prosecutor's recommendation.

Plus, we're at least a few more fresh indictments away from meaningful deterrence in Palm Beach County .

So let's not put it all on poor Tony's shoulders at this morning's sentencing.

That is, if he shows up.

County OKs Ag Reserve homes

Palm Beach Post Staff Writer

Friday, June 29, 2007

WEST PALM BEACH — County commissioners on Thursday begrudgingly supported Broward builder GL Homes' proposal to rezone 579 acres in the Agricultural Reserve for a new housing development.

Several commissioners expressed displeasure with the South Florida Water Management District for helping make the development possible.

The district sold development rights for 1,334 units to GL Homes for $10 million from preserve land it owns in the Ag Reserve.

This latest project includes 261 of those units.

When county officials caught wind of the deal early this year, they tried to fight it, saying it flew against the district's previous intentions and against the goal of limiting development in the Ag Reserve.

Attorneys for the county feared it had no legal standing for a challenge. Instead, planners are now working to amend the comprehensive plan to strip any development rights from government-owned parcels within the Ag Reserve.

Commissioner Burt Aaronson recalled a meeting with water district officials in 1998 and asking them not to sell development rights to home builders.

"That doesn't make me happy with South Florida Water Management," Aaronson said Thursday. "We thought that we had this all taken care of. Evidently, we didn't tie the loop tight enough."

While previous district board members intended to avoid such development transfers, nothing was set into law, said Barbara Alterman, executive director of the county's planning, zoning and building department.

"We relied on those representations, and that was probably incorrect to do," she said.

The water district's board agreed this month to support retiring any more development rights from land it owns in the Ag Reserve.

It has said it will use the proceeds of the deal with GL Homes for Everglades restoration efforts, which pleased Aaronson.

"I'm mad on one side and I'm glad on the other side. You know, mixed emotions," he said.

Commissioners unanimously approved rezoning the 579 acres west of Boynton Beach near the company's Canyon Lakes development. Per Ag Reserve guidelines, GL Homes will be allowed to build on 202 acres, but the remaining land has to be preserved.

The home builder's deal with the water district allows it to use 261 units for this project, known as Acme East.

 

Regional transportation agency created without funds

By FRANK GLUCK

frank.gluck@heraldtribune.com

Gov. Charlie Crist signed legislation Thursday creating a regional agency with broad powers to plan and build new roads and mass transit systems throughout the Tampa Bay area, including Manatee and Sarasota counties.

But, even with that mandate, the new Tampa Bay Area Regional Transportation Authority has no money in its coffers to actually begin its work.

In May, Crist vetoed $1 million in start-up funds for the authority, leaving some local officials to wonder how the group will get anything done.

"I'm very pleased he (Crist) signed it; however, we have no funding to initiate this," said Manatee County Commissioner Donna Hayes. "I don't see how this program can move forward without funding."

Crist's office did not respond to an interview request Thursday.

The authority will represent seven counties: Manatee, Sarasota , Hillsborough, Pinellas, Hernando, Citrus and Pasco .

Each county will have seats on the 16-member board, as will some private business interests and the Florida Department of Transportation.

While it will not be a taxing organization, the authority will have the power of eminent domain to acquire property and could sell revenue bonds to fund new toll roads and transit systems.

A mass transit system for the region became one of the main selling points for the authority when it was first proposed.

State Rep. Bill Galvano, R-Bradenton, co-sponsored the legislation. He said he was "elated" that the authority has been finally created after an 18-month legislative push.

Galvano downplayed the Crist funding veto, saying that financing the authority will be figured out in the coming months and years. With state funds limited, the Crist veto makes sense, he said.

The start-up funding would have been an extra benefit, but was not needed right away, he said.

"It would have been great to have that funding come through, but I understand why it was vetoed," he said.

In the meantime, FDOT has promised to provide staff to work with the authority on regional transportation planning, Galvano said.

"The start-up (money) is not even an issue for us," said Stuart Rogel, president of the Tampa Bay Partnership, a group that promotes regional economic growth and strongly supports the authority. "The DOT is a critical partner in this process."

Funding for new massive transportation projects remains a big challenge for planners. Federal and state road funding continues to diminish, and county governments face steep budget cuts thanks to upcoming reductions in property tax revenue.

"I think that we'll have to wait and see on this," said Sarasota County Commissioner Nora Patterson, who will represent the county on the authority.

"The big issue for the Tampa Bay region is funding, which we have little of. But there are big needs."

The Sarasota/Manatee Metropolitan Planning Organization, which sets local transportation priorities, has been skeptical about the regional authority concept, said Sarasota County Commissioner and MPO member Jon Thaxton.

Local officials feared they would be forced to compete with it for already scarce road dollars, Thaxton said. Some also worried that the authority would focus its efforts on the more populous Hillsborough and Pinellas counties, he said.

The fact that the authority has no start-up funds only adds to those worries, Thaxton said.

"Where's that money going to come from?" he said. "We're not off to a good start."
Governor OKs Transit Board For Region

By RICH SHOPES The Tampa Tribune

Published: Jun 29, 2007

Gov. Charlie Crist signed legislation Thursday to create the Tampa Bay Area Regional Transportation Authority.

Almost two years in the making, the authority will develop transportation plans and acquire financing for new roads and rail and bus routes in Citrus, Hernando, Hillsborough, Manatee, Pasco , Pinellas and Sarasota .

"It's extremely significant. We now have an entity that can help implement projects, and we're operating at a regional level and not getting mired down in interlocal issues," said Rep. Bill Galvano, R-Bradenton, the bill's House sponsor.

Crist's approval wasn't surprising but comes after a bitter disappointment. A month earlier, he vetoed legislation to contribute $1 million toward startup costs.

Galvano and Sen. Mike Fasano, R-New Port Richey, the bill's Senate sponsor, have said Crist's veto wouldn't sink the authority and that initial planning and technical support will come from the Florida Department of Transportation.

More help could come in the form of donations from the business community.

"We've had some conversations, and some companies have approached me already about putting together some kind of pool," said Stuart Rogel, president of the Tampa Bay Partnership.

The authority has 60 days to hold its first meeting and must develop a master plan by July 2009.

Reporter Rich Shopes can be reached at rshopes@tampatrib.com or (813) 259-7633.

County Growth Plan Gripes Aired

By KAREN BRANCH-BRIOSO, The Tampa Tribune

Published: June 29, 2007

CARROLLWOOD - Debra Mitchell's Northwest Hillsborough neighborhood is dubbed an 'activity center' in Hillsborough's proposed 20-year blueprint for growth.

'I don't know whether I'm for it or against it,' said Mitchell, 49, of the planning commission's idea to make her not-so-dense neighborhood one where the comprehensive plan would promote mixed-use developments.

'I'm just trying to find out how it's going to affect our taxes,' she said.

So 44 people came to Gaither High School on Thursday night for a lesson on the plan that must be turned in to the state by February.

Before that, the planning commission is asking people across the county what they think of the plan. The planners got plenty. And not just from northwest locals.

Real estate lawyer Dan Molloy of south Tampa didn't like what he saw in the plan.

'We have a comprehensive plan that tries to compel us to develop a high-density, transportation-oriented future for Hillsborough County ,' Molloy said. 'And I'm not sure that's what the Florida lifestyle is all about.'

Dotti Groover of Carrollwood said she was upset about what was removed from the plan by county commissioners. Specifically, there were 70 new goals that were cut, including ones that would have promoted developments close to schools and parks.

'I'm interested in making our community more bikeable, more walkable,' Groover said. 'I'm actually sitting here getting angrier and angrier. The developers, I believe they were the main consideration why some of these things were removed.'

The developers were there, too.

Willy Nunn of Apollo Beach is a vice president for Centex Homes. He came and wrote copious opinions on the easels of poster paper set up for that purpose - and on the sheets stuffed into an opinion box.

Nunn said the plan goes too far in encouraging midrise condos. 'The vast majority of consumers elect to live in conventional subdivisions, cul-de-sacs, for reasons ranging from safety to affordability.'

The planning commission's assistant executive director, Ray Chiaramonte, said the plan encourages density so mass transit can help ease traffic and preserve more rural areas of the county. He said the plan encourages farmers to sell development rights for more urbanized areas.

Terrell Dossey lives in an area southeast of Temple Terrace that is designated for a boost in density.

He's had enough of density.

'I live next to this property owner who's selling to developers and putting in 202 town house units. And now you're telling me that developer can go buy rights somewhere else and add to that? Why should he have the right to do that?'

Said Chiaramonte: 'Because he's doing something the community decides they want to do to preserve rural land.'

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

com.

 

City Calls On Crist In Wetlands Dispute

By MIKE SALINERO, The Tampa Tribune

Published: June 29, 2007

TAMPA - Tampa City Council and the Hillsborough County Commission are on opposite ends of an issue once again, this time over the future of the county wetlands protection division.

City council members voted Thursday to enlist the help of Gov. Charlie Crist and the local legislative delegation in saving the wetlands division, which a majority of the county commission voted last week to eliminate.

The commissioners, sitting as the Environmental Protection Commission, justified eliminating the program by the need to cut the county budget. They said the program is expendable because state and federal agencies perform the same duties.

City Councilwoman Mary Mulhern made the motion to send the letter to Crist and legislators, saying many of the wetlands that need protecting are in the city limits.

'We represent the citizens of the city,' Mulhern said. 'It's our water, too.'

The council also wants Crist to examine the makeup of the Environmental Protection Commission, which consists solely of county commissioners. Mulhern said that the council had no warning that the EPC board would vote last week to do away with the county's wetlands protection rule and the scientists who enforce it.

Councilman John Dingfelder spoke in favor of Mulhern's motion, citing the need to protect wetlands along the lower Hillsborough River in Tampa and in New Tampa that need protection against sprawling development.

'This is one thing that's confusing to city residents,' Dingfelder said. 'Just because the board of county commissioners is in the process of doing this, this is not going to be something that just affects the unincorporated areas of Hillsborough County . It's going to affect the city of Tampa .'

Cities Seek EPC Seats

Council members and some environmental groups are saying Tampa and the cities of Plant City and Temple Terrace should be represented on the EPC board. Doing that would require help from state lawmakers.

The state Legislature created the Environmental Protection Commission in 1967. The special act creating the panel states that it 'should consist of the duly elected members of the Hillsborough County Board of County Commissioners .'

To change the setup, one of the 17 local legislative delegation members would have to sponsor a bill to amend the law that created the commission, said Rick Tschantz, EPC general counsel.

State Rep. Kevin Ambler, R-Lutz, tried to accomplish something similar this year. Ambler wanted to give Hillsborough County an additional appointment - at the expense of Tampa - to the Tampa Sports Authority and the city-county planning commission. But Ambler failed to get the support of the necessary 12 members in the legislative delegation. So Tampa and the county continue to have an equal number of appointments to the boards.

Tschantz said he thinks the commission's composition is unique. In other Florida counties, environmental protection is handled by a department under the county administrator.

Commissioner Cites Wetlands Gain

Commissioner Brian Blair, who runs the EPC and led the effort to eliminate the wetlands division, said Thursday that the city council doesn't understand that the wetlands will not lose protection.

Blair said the Southwest Florida Water Management District, which also handles wetlands permitting in Hillsborough, has seen a net gain of thousands of acres of wetlands in its 16-county region.

'I think everybody has a right to weigh in on this because if affects everybody,' he said. 'But everybody needs to have all the facts before they make a rash decision.'

Mulhern has invited EPC Executive Director Rick Garrity to talk to the council July 19 about the commission's action to eliminate the division.

Reporter Ellen Gedalius contributed to this report. Reporter Mike Salinero can be reached at

msalinero@tampatrib.com or (813) 259-8303.

Thirsty river ties record low levels

By TONY MARRERO
lmarrero@hernandotoday.com


NOBLETON — An unlikely animal told the story of a thirsty Withlacoo-chee River on Thursday.

Of all the feathered and finned wildlife that frequents the river, it was a squirrel that helped show just how profoundly the drought has affected the water level.

As a reporter watched, the critter scurried from the boat ramp at Nobleton Wayside Park to what should have been the other side of the river.

A few months ago, such a dash would have required a walk on water. Now, however, it’s simply a matter of speeding through sugar sand and tall weeds that have sprouted from the bone-dry river bed.

The Withlacoochee , in some places, has simply disappeared.

“It’s sad,” said Kathy McKeen, co-owner of the Riverside Restaurant in Nobleton and a 27-year county resident who said she has seen children riding four-wheelers on the riverbed. “It’s getting critical.”

At some points along its 157-mile length, the river has dropped to record lows set during the drought 2001, according to gauges monitored by the U.S. Geological Society that measure the river flow in cubic feet per second.

That includes Croom and Nobleton in Hernando County , where gauges on Thursday reported no flow at all.

It’s the same for portions of the river near Floral City and Dade City .

Rainfall for the area in the last 12 months is about a foot below normal, said Granville Kinsman, hydrologic data manager for the Southwest Florida Water Management District.

Last year’s rainy season wasn’t as wet, and now this year’s dry season has lasted much longer than normal, Kinsman said.

And recent rainfall across the state that has hinted at the start of the typical summer storm pattern has generally missed the Withlacoochee watershed and its source, the Green Swamp in Polk County .

“For the most part, the Withlacoochee basin has really languished,” Kinsman said.

The Withlacoochee is known as a flashy river capable of swelling from a trickle to flood stage relatively quickly.

Forecasters are calling for above-average rainfall this storm season, and it will take every bit of that — and more — to get the Withlacoochee flowing again, Kinsman said.

Ideally, the area will see the forecasted above-average rainfall and then get an added boost from a late-season rain event that drops six to eight inches of rain, Kinsman said.

“We’re going to need something like that to try to get system to back up to where it should be,” he said.

Nobleton Canoe Outpost, tucked into a verdant plot of land near the Lake Lindsey Road bridge, usually offers canoeists and kayakers trips up to 10 miles downriver.

Now, the limit is about one mile in either direction before some heavy-duty portaging is required — too much portaging, said co-owners Corrine Berry and Marsha Warner, who have slashed prices in half to account for the shorter trips.

The outpost, which sits on a deeper spot of the river, usually has some 15 feet of water. That’s now about 5 or 6 feet.

It’s a new low for Berry and Warner, who bought the outpost in 2005.

They’ve never seen the end of their boat ramp until now. A large rock in the middle of the river that would had been well-submerged for years now pokes out of the water, creating perfect perches for turtles.

“We didn’t even know it was there,” Warner said.

The pair are focusing on the finishing touches on their new bar and concession stand that opens for weekends on July 1. They’ve dubbed it Paddlers on the River and are hoping for rain to help ensure the place stays waterfront property.

Across Lake Lindsey Road , John Sumner said he moved to Nobleton for the river but that the area is reminding him now of the place he moved from: New Mexico .

“These are desert conditions,” said Sumner, a contractor who lives in house that he claims is one of the original homes built years ago for laborers foresting in the area. “There’s been some rain, and it’ll make the grass greener, but it won’t make the river flow.”

He hasn’t been able to launch his canoe from Noble-ton Wayside Park , just across the street, for two months.

But he said he remains optimistic that the Withlacoochee , whose name is said to come from the Creek Indians and translates loosely to “Little Big Water,” will be big once more.

“It’ll come back, man” he said. “It’ll come back.”

Swiftmud board to consider extending restrictions

The one-day-a-week watering restrictions could last even further into the rainy season.

The governing board of the Southwest Florida Water Management District will consider extending the restrictions at a meeting on July 31. The board earlier this year had set that as the tentative expiration date for the tighter rules.

Because of the drought, normal seasonal rainfall this summer is not expected to be enough to return water levels to where they should be, according to a statement released Thursday by the district, also known as Swiftmud.

If the dry season begins in October with lower than normal levels, “even a normal dry season will result in more serious water supply concerns than those seen this year,” according to the statement. Extending the tighter watering restrictions “could help save water that can be stored for the next dry season.”

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

This story can be found at: http://www.hernandotoday.com/MGB7V66WH3F.html

 

Deal Would Cinch Parks In Wiregrass Ranch

Skip directly to the full story.

By KEVIN WIATROWSKI The Tampa Tribune

 

WESLEY CHAPEL - Future residents of Wiregrass Ranch will have access to a nature trail and an 80-acre district park after developers and county officials struck their latest deal Thursday morning.

With a potential final approval looming July 10, the developers wrangled with County Administrator John Gallagher and the Development Review Committee over parks in the 5,000-acre project.

The Porter family wanted to be released from county requirements to supply small-scale parks throughout the ranch's future residential neighborhoods. The county requires builders to include open areas to provide places for children to play safely within a quick walk of their homes.

Wiregrass' developers sought the exemption in exchange for giving the county 80 acres for a district park and another 16 acres for a community park. The Porters also have agreed to give the county 24 acres for the planned Pasco National Tennis Center .

On paper, Wiregrass would be required to supply 125 acres of neighborhood parks, based on plans to build 12,500 homes over the coming decades. That calculation doesn't include the kind of large parks Wiregrass' population, projected to be upward of 35,000 people, would demand by dint of its size, county officials said.

During behind-the-scenes talks, county officials gave Wiregrass credit for some of the acres being set aside for parks. In the end, however, development officials settled for 71.5 acres of neighborhood parks.

That was still too much for Wiregrass officials.

"What this is is a land-grab by your county parks department," Wiregrass attorney Rick Millian told the review committee.

Wiregrass is surrounded by large parks, including new facilities at Overpass Road , in Meadow Pointe and in Land O' Lakes, Millian argued.

Wiregrass' lead attorney, Joel Tew, offered to spread 30 acres of neighborhood parks across most of the ranch - a total county staffers said isn't enough.

As a compromise, Gallagher suggested Wiregrass add nature trails and picnic tables to a wildlife corridor on the ranch's west side. The 300-acre corridor straddles Trout Creek, which originates in the ranch's northern acres and flows southwest, crossing under Bruce B. Downs Boulevard and State Road 56 before meeting Cabbage Swamp . Cabbage Swamp , in turn, feeds Cypress Creek and the Hillsborough River .

The nature trail proposal echoes an earlier park deal the county struck with the developers of Wesley Chapel Lakes , now known as Meadow Pointe 3 and 4.

Under their deal with the county, Wiregrass officials must find 41 acres within the wildlife corridor to use as park land. Otherwise, they have to make up those acres elsewhere on the property to meet the county's limit of 71.5 acres.

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

County Wetlands Manager Suspended; Blog Posting Cited

By MIKE SALINERO, The Tampa Tribune

Published: June 28, 2007

TAMPA - Seeing her beloved wetlands department on the brink of elimination, Jadell Kerr vented her frustrations on a local blog Sunday afternoon.

On Tuesday, the 15-year Hillsborough County environmental regulator paid for it with a two-week paid suspension.

'We need the two weeks to sort things out with her,' said Rick Garrity, Kerr's boss at the county Environmental Protection Commission.

Garrity attributed the suspension to 'management issues,' including the blog posting. He would not elaborate, except to say the wetlands division manager has no other marks on her record.

Kerr, who makes about $116,000 a year, has been a lightning rod for criticism from developers who think her department is unreasonable about granting permits to destroy wetlands.

Developers have lobbied for years to get rid of the county wetlands program. Their efforts may have paid off June 21 when county commissioners voted to eliminate the department, citing budget concerns. The move, which has not been finalized, caught Kerr, Garrity and several commissioners by surprise.

Kerr excoriated the commissioners for the vote in her posting on the blog Sticks of Fire. She called the vote 'rigged' and accused EPC Chairman Brian Blair of orchestrating 'a circus.'

Kerr said Blair's goal is to remove the wetlands unit from reviewing permits for new developments. For years, developers have complained that EPC wetlands reviews duplicate work done by state or federal agencies.

Blair and Kerr could not be reached for comment.

In the posting, Kerr also criticized the Southwest Florida Water Management District, a regional water regulatory agency also known as Swiftmud. The water district issues wetlands permits and often works with the EPC.

Blair invited Richard Owen, head of Swiftmud's regulatory programs, to attend the meeting last week to explain how the agency protects wetlands. Kerr said in her blog posting that Owen 'knew the questions that were going to be asked of him.'

Kerr also accused Todd Pressman, a member of the Swiftmud board, of pressuring the district staff to cooperate with Blair. Pressman is a consultant who sometimes represents Stephen Dibbs, a Hillsborough County developer and one of the EPC's loudest critics.

Owen and Pressman denied Kerr's accusations.

'We went there at their request to describe our programs, and that's what I tried to do,' Owen said.

Pressman said he was shocked that Kerr had aired her accusations on a blog. He denied having spoken to Owen or any other Swiftmud employees about Hillsborough County 's wetlands division.

'And statements made in that regard are false, inappropriate, and, quite frankly, I'm shocked by it,' Pressman said.

County Commissioner Mark Sharpe, a supporter of Kerr and the wetlands division, said he was dismayed by her comments about the water management district.

'I'm just concerned about the ability of Swiftmud and us to work together,' Sharpe said.

Commissioner Rose Ferlita said the blog posting was unfortunate but that she understood Kerr's frustration.

'When she left the meeting, she just realized that in one fell swoop her division was gone and everything was gone,' said Ferlita, who voted to keep the division. 'I think because of that whole process, she needed a venue to vent.'

County Commissioner Ken Hagan, who voted to eliminate the wetlands division, called Kerr's post a 'typical antigrowth sentiment that's echoed during every development application.'

Kerr's blog posting has made her name a rallying cry for county environmental groups that say they will fight to preserve the local wetlands protections.

'Clearly she felt her only hope for saving our county wetlands was for the citizens to know what's going on,' said Mariella Smith, an activist from Ruskin. 'Jadell's primary concern is our natural resources, not her job.'

Reporter Anthony McCartney contributed to this story. Reporter Mike Salinero can be reached at (813) 259-8303 or msalinero@tampatrib.com.

Study finds Florida roads some of the worst in U.S.

Walter Pacheco

Sentinel Staff Writer

9:13 AM EDT, June 28, 2007

Central Florida motorists won't be surprised to learn that Florida has some of the worst performing and deadliest roads in the United States , according to a study released this morning.

Rural roads across the state rate well, but traffic congestion and fatalities on urban roads such as Interstate 4 – which runs from Tampa to Daytona Beach – have ranked Florida 41st in overall performance in 2005, compared to 38th in 2000.

Although urban interstate conditions in Florida ranked among the top in the nation, the state ranked 34 in highway fatality rates.

The state-by-state evaluation of highways was conducted by the University of North Carolina at Charlotte and financed by the Reason Foundation, a libertarian think tank based in Los Angeles .

The study, based on data from 1984 through 2005, found that while road conditions have improved in recent years, traffic congestion and highway fatalities have increased slightly.

With the federal highway fund running short of money for major highway projects, state governments are faced with having to pick up a greater share of the cost of building and maintaining highways.

Dr. David T. Hartgen, the highway study's lead author, says the results show that states need to prioritize, directing their transportation money to projects specifically designed to reduce congestion.

"Gridlock isn't going away," Hartgen said.

Motorists in California , Minnesota , New Jersey and North Carolina have been stuck in some of the worst traffic in the United States , according to the study.

North Dakota and South Carolina roads rated highest in the study's overall rankings, while New Jersey roads ranked the lowest. The study ranked Montana highways as the deadliest in the nation.

The study ranked highway systems in each state according to their cost-effectiveness, which was determined with several factors including traffic fatalities, congestion, pavement condition, bridge condition, highway maintenance and administrative costs. Evaluations were done on highways and all state-owned roads.

The five states with the most cost-effective roads, according to the study, are North Dakota , South Carolina , Kansas , New Mexico and Montana . The bottom five states are New Jersey , Alaska , New York , Rhode Island and Hawaii .

The study found that traffic fatalities rose by less than 1 percent between 2004 and 2005. Montana had the deadliest roads, with 2.3 fatalities per 100 million vehicle miles traveled. Massachusetts roads were the safest, with 0.8 deaths per 100 million vehicle miles.

Congestion rose by a similar amount. According the study, almost 52 percent of the nation's urban interstate highways were regularly congested in 2005, the last year included in the evaluation.

In a statement, Transportation Secretary Mary Peters said congestion has nearly tripled in metropolitan areas during the past 25 years despite increases in spending over that period. Resolving the issue has been a priority for the department, which last year announced a plan to combat gridlock through long-terms investments in key corridors.

"It's so important to get our transportation policies headed in the right direction -- away from the federal government and back to the states and localities where innovation in America has always originated," she said.

Congress will have to find new sources of revenue if it wants to tackle the problems, said Matt Jeanneret, spokesman for American Road and Transportation Builders Association. His group estimates that Americans spend 47 hours a year stuck in traffic.

"This illustrates the capacity crisis that is facing this country, which is only going to get worse if trends stay the same," Jeanneret said. "We are bursting at the seams with motor vehicles and we're not adding capacity to that."

Janet Kavinoky, who works on transportation issues at the U.S. Chamber of Commerce, says the nation's traffic woes are at crisis levels.

"There's more bad news coming," she said. "You hate holiday traffic? Pretty soon it's going to be business as usual."

Information from the Associated Press was used in this report.

Don't bet on two interchanges in Alachua, state says
By Mallory Colliflower
For The Herald

ALACHUA -- Developers who purchased land near Peggy Road and I-75 in Alachua in hopes of a new highway interchange being constructed there may be waiting longer than they had hoped.

The current interchange at U.S. 441 likely would be overhauled long before a new interchange would be built, a Department of Transportation project manager said.

Suggestions for a new interchange in the Peggy Road area stemmed from complaints that the current interchange at I-75 and U.S. 441 was overcrowded, poorly designed and did not meet the needs of the traffic there.

Two weeks ago, a developer speculating that an interchange would be built near Peggy Road was allowed to have his land there rezoned to a commercial designation by the Alachua City Commission.

What the developer may not be aware of is the lack of funds available to even consider an interchange at this point, said Debrah Miller, the interchange’s project manager at the Florida Department of Transportation.

“There is not funding for anything other than this study,” Miller said.

The study she is speaking of is the current Project Development and Environment (PD & E) study being conducted at the existing interchange to examine ways to modify and improve the way it is designed, allowing it to handle large volumes of traffic more efficiently.

“The design of it isn’t good,” Miller said. “The interchange works well except during peak hours when it does get pretty bad.”

Changing the current interchange would be plan A, Miller said, and the odds for a plan B are very slim.

Alachua Mayor Gib Coerper echoed similar comments at the June 18 city commission meeting where he said the DOT may very well expand the U.S. 441 interchange first – before building another interchange in Alachua.

An intersection overhaul is more likely than a new interchange because the area of highway near Peggy Road is classified by the DOT to be “rural.” This means interchanges should be at least six miles apart.

A new interchange at Peggy Road would go against this policy.

The only way to work around the policy would be to build a toll-based entrance and exit ramp on the proposed site and even that option is not likely, Miller said.

The public will have access to the results of the study when it is released at the end of summer or beginning of fall, according to Miller. The DOT will then get public opinion about solutions to the problem.

But no money has been set aside to pay for any solutions.

Miller wants to get the word out to developers not to get their hopes up.

“They know the study of the intersection is ongoing and they might be hoping for the interchange,” she said. “In 30 years, maybe.”

County OKs Alliance Hill subdivision

 

By DEBORAH BUCKHALTER  
Jackson County
Floridan

June 28, 2007

The Jackson County Commission took action on several development-related requests at the board's meeting Tuesday evening, in one instance going against the recommendation of its staff engineer in one aspect of the project.

In that case, commissioners approved the preliminary plat plan submitted for Alliance Hill, a major subdivision to be located on the south side of Alliance Road .

The 64-acre site will be divided into 64 lots, with the dwellings clustered on 39 acres and the remainder dedicated to common areas, for an overall density of one unit per acre.

The site is about 11 miles southwest of Grand Ridge just north of the Calhoun County line and 14 miles southeast of Marianna.

In approving the preliminary plat, the board omitted a developer requirement that had been recommended by staff engineer Larry Alvarez. He had advised the board to require the developer to create two right-turn lanes and one left-turn lane leading into the property.

However, before the matter reached the county commission board, its advisory planning board reviewed the project and determined that the condition was "speculative" and advised that the condition be stricken.

Their decision came after a presentation by the developer's engineer, Alday-Howell Engineering, and planning staff members subsequently agreed with the advisory board that the condition should be stricken.

County commissioners agreed and omitted the requirement.

The board had also previous given the developer a variance that allows all lots to have less than 100 feet of road frontage, a condition normally required in the county code.

Tortoise burrows

The property is located on a site that includes seven acres of wetlands and six active gopher tortoise burrows. The developers want to move the burrows to another location on site to make way for the homes.

County staff submitted opinions relating to that:

"A plan was submitted to acquire a Special Tortoise Relocation Permit to relocate the burrows on site. Several telephone calls and e-mails to the regional and state branches of Florida Fish and Wildlife Commission and Florida Department of Environmental Protection did not prove helpful in determining if this was an appropriate plan.

"Based on best available information, this appears to be a feasible plan and is considered acceptable according to the county regulations. The report indicates no federal or state listed plant species were observed and no additional federal or state listed animal species were observed.

"Planning staff recommends that the plat be updated to reflect the sites of gopher tortoise burrow relocation and a protection area surrounding each site as dictated by state regulations."

Subscribe to the

 

North Port is growing rapidly, Census Bureau says

By JOHN DAVIS

john.davis@heraldtribune.com

NORTH PORT -- The latest estimates released by the U.S. Census Bureau put North Port 's population past the 50,000 mark and within less than 2,500 people of surpassing Sarasota as the county's most populous city.

The numbers are even more remarkable considering that the 2000 census listed North Port 's population at fewer than 24,000. The 121 percent increase from 2000 to 2006 makes it the fastest growing city in the state with a population of more than 10,000.

The rate of growth almost assures North Port 's population will eventually be greater than the number of people dwelling within Sarasota 's city limits.

"By the 2010 census, we'll be the largest city in the county," Commissioner Fred Tower said.

North Port 's growth makes it an anomaly in Sarasota County . Residents of Venice and Sarasota have fought to stunt the rapid growth experienced by other coastal communities in Florida , and the census numbers show that effort has been mostly successful.

Sarasota has picked up fewer than 300 people within its city limits since the 2000 census, putting its population at nearly 53,000 today. That is about half a percent in growth.

Venice , with a population of about 21,000, gained almost 2,500 people, a 13 percent jump since 2000. While that is slightly above the statewide average of 12 percent for cities with 10,000 people or more, it is still far behind its burgeoning neighbor to the east.

North Port -- a city with no beachfront land and mostly blue-collar residents -- positioned itself for this type of growth.

The city's original plan included more than 67,000 platted lots, more home lots than the city of Sarasota has people today.

But for decades, the idea that North Port might become one of the largest cities on the west coast of Florida seemed far-fetched. It was big in area only, with deteriorating roads along tracts of lands where weeds sprouted instead of neighborhoods.

"It's about time," said Commissioner Barbara Gross of the Census Bureau's acknowledgment of the city's size.

The city has gained a reputation for being friendly to home builders and developers. The city's commissioners have repeatedly backed away from impact fee increases, despite the advice of experts who have said the city needs more money to keep up with growth.

In addition, North Port offers lower housing costs than neighboring cities, making it a bedroom community for people who work in Sarasota or Port Charlotte .

It is unclear what the population milestone might mean for North Port 's immediate future.

State tax dollars are distributed according to state figures, which have North Port at roughly 48,000 people and Sarasota at more than 55,000. The state population estimates come from the Bureau of Economic and Business Research at the University of Florida .

"We challenge the state number every year," said Terri Gould, North Port 's finance director.

According to Scott Cody, a demographer with the state bureau, many cities call to lobby for a higher number. But in the case of North Port , the federal and state agencies are very close in their independent estimates.

"We're probably a little lower than the Census (Bureau) but not as much as it might look," Cody said. He added that the state will update its figures in August, and that might add more to the North Port tally.

The numbers, which city and county leaders say are not surprising, highlight differences between North Port and Sarasota in terms of clout and amenities.

Sarasota's overall taxable value is almost twice that of North Port, even though North Port is four times larger that Sarasota in geographic area.

"We have the numbers, and there's certain areas that they could pay attention to us a little more than they have," said North Port Commissioner Richard Lockhart.

Keeping up with the growth has not been cheap. The school district is spending $35 million on a new middle school in North Port , and North Port High School came with a price tag of $43 million. Even with a new school coming in 2008, school planners are telling North Port that they cannot keep up.

The city is also lobbying the county to provide money for a second library, more public transit and possibly a jail.

"We're going to be challenged as it is with providing city infrastructure in North Port ," County Commissioner Jon Thaxton said last year as city and county leaders worked on a joint vision for North Port 's growth. The agreement eventually fell apart.

North Port 's laundry list of internal needs includes hundreds of miles of roads to repave and a major expansion of its water and sewer system.

County leaders say the population numbers are not going to change anything, and that the county is working with the city as best it can.

But Thaxton acknowledged Wednesday that the census numbers underscore North Port 's growing influence in county government.

"Shortly, the city's numbers will control a County Commission seat," Thaxton wrote in an e-mail. "(I)n time, as the population swells, it will have the ability to substantially effect (sic) two or more county commission seats in close races."

Growth steady for Port St. Lucie

By TERESA LANE

Palm Beach Post Staff Writer

Thursday, June 28, 2007

PORT ST. LUCIE — After 20 years of visiting what she calls a "postcard town," Mary Clayton packed up her belongings and moved to Port St. Lucie for good in 2006, helping the city retain its national bragging rights as the third fastest-growing city in the country.

"Sometimes I like to just drive around and look at all the new developments," says Clayton, a retired postal worker from Birmingham, Ala. "I used to live in Miami-Dade County, but it was awful - break-ins and crime all the time."

Clayton was one of 12,909 people who moved to Port St. Lucie between July 2005 and July 2006, branding it the nation's third fastest-growing among cities with more than 100,000 residents for a second straight year, according to U.S. Census figures released today.

Although the 9.9 percent growth rate last year was down from the previous year's 11 percent gain and a 12 percent rate between 2003 and 2004 that catapulted Port St. Lucie to the No. 1 spot nationwide, city officials said the continued high marks are proof of Port St. Lucie's enduring popularity.

"We still have a quality of life here that's kind of laid-back," said Councilwoman Linda Bartz, a 20-year resident of Port St. Lucie. "We've maintained this small-town charm through all the growth. It's a caring place."

Port St. Lucie debuted on the high-growth list in 2002, the year its population exceeded 100,000 and it became eligible for ranking. Between 2002 and 2003, Port St. Lucie grew at a 7.2 percent clip and earned the title of second fastest-growing city in the land.

City Manager Don Cooper said he was astonished the city remained near the top of the chart this year because new housing starts dipped dramatically in 2006. The Census data covers population gains between July 1, 2005 and July 1, 2006, and building records show the sharp housing decline started in fall 2006, hinting the city's position might slip next year.

"The ranking has a huge impact on commercial development," Cooper said. "I don't think Taubman would be looking at us right now if it weren't for that growth rate," he said, referring to plans by Taubman Centers Inc. to open a regional mall in Tradition by 2011.

Indeed, despite an ebb in new housing starts the past year, commercial activity is at an all-time high, leaving the planning and zoning department with its fourth-busiest year on record, Cooper sad.

In addition to the Taubman mall, the city will welcome its largest shopping center to date this summer when The Landing, anchored by such big-box retailers as Target, Sports Authority, Babies R Us and PetSmart, opens its doors. The retail center will be joined by a 9-acre, open-air "lifestyle center" with higher-end stores such as Chico 's and Ann Taylor Loft.

Another retail hub dubbed Village Pointe is slated for Tradition, featuring shops, restaurants, offices and a large amphitheater for outdoor concerts. The city is busily building a downtown district and still giddy at landing its first biotech industry, the Torrey Pines Institute for Molecular Studies.

Council members said that while the city may fall off the top-5 list next year given a recent growth rate about half of last year's, a slowdown will give them time to focus on the bigger picture.

"Do we really want more rooftops?" Councilman Christopher Cooper asked. "My goal is to concentrate on commercial and industrial now. We have the demographics to attract some big players."

Critics back off suit to block mall's construction

Opponents had challenged federal oversight of the Cypress Creek Town Center project.

By CHUIN-WEI YAP
Published June 28, 2007

 

WESLEY CHAPEL - Opponents of the proposed Cypress Creek Town Center dropped a federal lawsuit to block the mall's construction Wednesday, a day after they filed it in Tampa 's U.S. District Court.

Tuesday, the mall's opponents sought to kill a U.S. Army Corps of Engineers' permit for the proposed "lifestyle center, " which is retail-speak for an outdoor mall.

Land O'Lakes resident Dan Rametta and the environmental group Citizens for Sanity filed a 51-page lawsuit challenging the Corps' permit, awarded May 15 to the mall's developer, the Richard E. Jacobs Group, which gave permission to fill 56 acres of wetlands on the mall site.

The group also sued the U.S. Fish and Wildlife Service, saying it did not hold formal consultations with the Army Corps before the permit's issuance.

But at 3:10 p.m. Wednesday, a court filing gave notice of the group's "voluntary dismissal" of the lawsuit.

Rametta and his lawyers did not return several messages for comment.

At slightly more than 1-million square feet, Cypress Creek Town Center will be located at Interstate 75 and State Road 56. The Jacobs Group hopes to open the mall by the end of 2008.

Chuck Underwood, a spokesman for the U.S. Fish and Wildlife Service, said his agency did hold formal consultations with the Army Corps on March 14.

Underwood said his agency agreed with the Army Corps' opinion that the development did not pose a major environmental impact to the wood storks, an endangered species that was the subject of the two agencies' talks.

The lawsuit was an attempt to stop work at the mall site, which began two weeks ago.

Neither the Army Corps counsel's office nor the developer's attorneys had been officially notified of the lawsuit by the time it was dropped Wednesday afternoon.

A judge could have required plaintiffs to post a bond for a restraining order to stop the mall's construction, said Charles Rose, a law professor at Stetson University College of Law. The bond amount would be set by the judge.

Last month, Rametta and Citizens for Sanity also tried to stop the mall's construction by filing a complaint with the Florida Fish and Wildlife Conservation Commission.

They alleged that the mall developer's environmental consultants did not have all the permits required - specifically referring to Pasco County's site development permit - before relocating gopher tortoises from the mall site to another property.

Pasco and state wildlife officials disagreed with Rametta and Citizens for Sanity, and the gopher tortoise relocation permit was upheld.

The state wildlife agency is required by law to deal with the complaint. It is now deciding whether to hold an in-house hearing or pass the complaint on to the state Division of Administrative Hearings.

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

File this next one under “you have got to be kidding me.”

Brooksville woman on river board until 2010

By TIMES WIRES
Published June 28, 2007

COUNTYWIDE

Gov. Charlie Crist has reappointed Janey Baldwin of Brooksville to the Withlacoochee River Basin Board of the Southwest Florida Water Management District, commonly known as Swiftmud.

Her term ends March 1, 2010. The Withlacoochee River Basin Board area includes portions of Hernando, Pasco , Citrus, Sumter, Marion and Levy counties.

Swiftmud has eight regional basin boards that provide guidance for local programs specific to the basins they protect, working with local governments and other entities on water resource projects and sometimes helping to fund local projects.

The eagle has landed, rather inconveniently, at UF

By JACK STRIPLING

Sun staff writer

The bald eagle will be moved off the endangered species list today, but that won't alter existing protections that recently forced the University of Florida to change a construction project near an eagles' nest.

UF had proposed placing a parking deck near the Cancer and Genetics Research Center off Archer Road , but the presence of a nest there forced officials to rethink the project. The parking garage will be moved farther north to accommodate the eagles, and UF also has altered the footprint of one of its most significant construction projects in order to comply with U.S. Fish and Wildlife Service guidelines.

UF's "emerging pathogens" center, which is a $55-million multi-disciplinary facility designed to fight infectious diseases, will have to be repositioned slightly because of the nest. Ed Poppell, UF's vice president for business affairs, said the pathogens facility will be moved a bit but still will occupy the corner of Archer Road and Gale Lemerand Drive . The parking deck, on the other hand, will be moved several hundred yards to the northeast and placed where UF's parking services offices are now located.

Moving the pathogens facility will be a relatively low-maintenance affair, Poppell said. The cost of moving the garage "could be significant," but Poppell said he could not yet be sure how significant.

UF was taking soil samples in the area of the nest as late as April - nearly a year after UF employees photographed an eaglet and its two parents in the nest. Eagle nesting season typically runs from October to May, but employees in the area say they sometimes still see the eagles flying around the nests in the morning. Even so, Poppell said his office only recently learned that eagles had taken over the nest, which he said was formerly occupied by ospreys.

"This all was very much a shock to us that this osprey (nest) now turned into an eagle (nest)," he said.

Poppell said his office changed its plan because an employee in the College of Veterinary Medicine alerted them to the eagles' presence.

The Florida Fish and Wildlife Conservation Commission also became involved, responding to a call from an unnamed UF employee who was concerned the project could disturb the eagles.

"I think I did what I had to do to make sure (UF officials knew) this was serious," said Brad Stanley, the officer who visited the site.

UF's effort to abide by federal guidelines designed to protect eagles highlights a larger national debate that's now under way about the bird's future. The U.S. Fish and Wildlife Service is under court order to determine whether to keep the eagle on the endangered species list or remove it because it has rebounded so successfully due to conservation efforts. An official announcement is scheduled for today, and reports say it will be removed.

Even after it is removed from the list, the birds will still be protected under the Bald and Golden Eagle Protection Act, which was passed by Congress in 1940 to prevent eagles from being disturbed. Furthermore, federal guidelines designed to keep development away from nesting areas will still be in place.

"You still can't go out and hunt them (if they're taken off the list)," said Chuck Underwood, spokesman for U.S. Fish and Wildlife's offices in Jacksonville . "You still can't go out and take nests from trees. They still are very much protected."

By most anyone's account, eagles being removed from the list marks one of the great success stories in the history of conservation. Plagued largely by the pesticide DDT, the bald eagle population was reduced to 417 nesting pairs in 1963 but has since grown to a new high of 9,789 pairs, according to the U.S. Fish and Wildlife Service. In Alachua County alone, 76 active eagles' nests were identified in 2006, according to Florida Fish and Wildlife.

Despite the bird's impressive rebound, some environmental groups are concerned about what lifting the eagle from the endangered list will mean.

Kieran Suckling, policy director of the Center for Biological Diversity in Arizona , said his group worries that eagle habitat won't be given the same protections once the bird is reclassified. Current U.S. Fish and Wildlife guidelines are designed to protect birds once they've nested in an area, but - unlike the Endangered Species Act - the guidelines do little to protect the forests and lakes that could serve as future homes to eagles, he said.

"I think everybody is concerned, and especially in places like Florida , frankly, that are developing at just a spectacular rate," Suckling said.

U.S. Fish and Wildlife "guidelines" are just that - guidelines. Developers building near nests are not legally required to follow them, but at the same time they can be punished with fines for ignoring them, according to Underwood, a public information officer for the commission.

Under current guidelines, which prompted UF to reconsider its construction project, building is forbidden between 660 feet and 330 feet of a nest depending on the type of construction and whether the nest is visible from the construction site.

The current federal guidelines were reduced recently, when they were changed from buffers of 750 feet and 1,500 feet.

Under the Endangered Species Act, developers can still get a permit that allows them to break with the guidelines - even if they may incidentally disturb an eagle in the process. U.S. Fish and Wildlife officials are currently crafting plans that would allow such permits to be issued even if the act no longer covers eagles.

Lynda White, who works with a group that monitors eagle populations in Florida , said she's concerned about whether the new policy will be stringent enough to prevent developers from paving over habitats.

"This growth in Florida ... is just swallowing up habitat every day," said White, who coordinates the EagleWatch program for Audubon of Florida. "So we have a rebounding eagle population and a shrinking habitat."

Jack Stripling can be reached at 352-374-5064 or Jack.Stripling@gvillesun.com.
 

Development approved

City Commission OKs 508-acre district

By Julian Pecquet

DEMOCRAT STAFF WRITER   

One of the last large tracts of land in eastern Tallahassee is on its way to being developed, after Tallahassee city commissioners authorized the creation of a Community Development District for 508 acres of the Welaunee Plantation.  

That will let the developer, CNL, form a local government body and issue bonds for the construction of roads and other infrastructure. 

Joel Embry, CNL's senior vice president and director of community development, said construction of the proposed 1,252 homes and 163,000 square feet of commercial development just north of Miccosukee Road should start early next year. The Dove Pond Community Development District's first homes could be finished by September 2008, he said.  

In all, 4,000 homes and 800,000 square feet of commercial development have been proposed for the Welaunee Plantation.  

Some residents have been critical of the districts, which can raise assessments to pay for bond-funded improvements and are controlled by developers for several years before homeowners are progressively voted in.  

"I hate to see somebody else get into what I did," said Geraldine Rudd, a Piney Z community development district supervisor who has been critical of that development's change from its original concept. "Those people need to look carefully at what they're getting into."  

But Embry said the Welaunee developer wanted to work with future residents. And, he said, residents end up paying whether there's a development district or if the developer has to get a higher-interest bank loan to pay for infrastructure.  

"There's one thing that never changes," he said. "The homeowner pays for everything."  

Contact reporter Julian Pecquet at (850) 599-2307 or jjpecquet@tallahassee.com.

Housing chief being forced out

Miami housing chief Barbara Gomez, under fire for questionable deals involving millions in anti-poverty funds, is leaving her post and may get a hefty pension.

BY LARRY LEBOWITZ AND OSCAR CORRAL

llebowitz@MiamiHerald.com

With her agency steeped in scandal over questionable housing deals and cronyism, Miami housing director Barbara Gomez is being ousted from her job as one of the most influential power brokers in city government.  

The veteran administrator, who had fought to keep her position, is now negotiating her final exit after an avalanche of controversy over the last month stamped out her political support.  

While prosecutors pore over records showing that her agency funded millions in questionable deals, City Manager Pete Hernandez is trying to work out the details of a separation package that could allow Gomez to qualify for a pension amounting to $1 million over 25 years.  

Pressure had been mounting on Gomez to step down since The Miami Herald began publishing investigative stories early this month about her agency, including revelations that her office provided more than $1 million to companies that employed her ex-husband, Ruben A. Santana -- after his release from federal prison.  

In addition, the newspaper found this week that her office funded a social-service agency that employed her son, Ruben Santana Jr., despite a warning from government administrators that the payments violated federal regulations.  

Records show that Gomez's office provided thousands of dollars to SABER Inc. while her son worked as a housing inspector there -- a conflict that ended when Santana quit last year after seven months on the job.  

Gomez, whose annual salary is $144,000, insisted she did nothing wrong in either case, but city officials said they were concerned over the controversies.

 ''It's very troubling,'' Hernandez said.

 

Gomez, 49, whose position as head of the Community Development Department allowed her to control millions of dollars in anti-poverty money, said elected officials knew the inner workings of her office, including deals now under scrutiny.  

''They cannot look at my eyes and say, `I did not know,'' said Gomez, director of the city department since 2003. ``I understand politics is an issue. I understand that [Mayor] Manny [Diaz] has a lot of pressure for other reasons and that he doesn't want my name to be coming out in the paper.''  

Even before questions were raised over conflicts, Gomez was under fire: A June 3 report in The Miami Herald revealed that her office directed millions of dollars to developers who failed to build promised affordable homes and, in one case, flipped land for profit rather than building homes for the poor. Days later, a city audit reported many of the same problems.  

The city manager began negotiations to force Gomez to resign last week, but the final details have yet to be reached. Hernandez said Gomez is now on leave pending the settlement.  

''I initiated discussions trying to explore a way that will be good for her and also definitely good for the city where we could in essence have other leadership at Community Development,'' said Hernandez, who added that the agreement would be reached soon.  

``Obviously, she has been an effective employee for the city over the last four or five years, and that has to be recognized.''  

Hernandez said he was alarmed, however, by the most recent discovery that the city was providing money to a nonprofit company while Gomez's son worked there.  

Records show that Santana began working for SABER, which provides a host of services to the poor, in October 2005.  

The following month, Gomez asked the U.S. Department of Housing and Urban Development for a conflict-of-interest exception, since her office provided federal dollars to SABER.  

Her letter indicated her son had been offered a job but that he hadn't accepted it.  

''Currently, two agencies that have been funded for many years by the city of Miami department of community development, of which I am currently the director, have offered Ruben Santana Jr., my son, a position as housing specialist,'' Gomez wrote.  

HUD denied her request for the exception a month later, saying Santana's employment would violate federal conflict rules.  

Gloria Shanahan, a HUD spokeswoman in Miami , said her agency was unaware Santana was already working at SABER when Gomez asked for the exception. ''We expect our grantees to provide accurate facts,'' Shanahan said. ``If it comes to light this is not the case, it clearly would be a serious concern to HUD.''  

In an interview this week, Gomez said she told SABER leaders in January 2006 that the city couldn't provide funds to an agency employing her son. She said she gave SABER 60 days to ''cure their conflict'' or risk losing their AIDS program funding.  

''I said if you don't fire him, I will take the money away,'' Gomez said.  

Gomez couldn't provide documentation supporting her contention that she threatened to sever funding.  

SABER files, however, show that Gomez's son quit on May 31, 2006 -- six months after the HUD ruling.  

He told his bosses he was moving to Orlando . ''He was a very good employee, an excellent inspector,'' said Millie Laurent, head of the SABER program, which provides housing services to more than 300 AIDS patients.  

She said Santana -- who was certified as an inspector -- was not under pressure to resign but left on his own.  

Reached at his home in Central Florida , Santana declined to comment.  

The case involving the city's funding of two agencies that employed Gomez's ex-husband is still under investigation by HUD and the Miami-Dade state attorney's office, according to both offices.  

In addition to the problems surrounding her office, Gomez has been trying to distance herself from another investigation targeting her most recent ex-husband, Rene Rodriguez. The former director of the Miami-Dade Housing Agency has been under scrutiny for his role in doling out millions to developers who never built promised homes -- and in some cases, pocketed the money.  

Despite the problems, Gomez -- who has worked for the city since 1998 -- may receive a generous compensation package.  

She is a year away from qualifying for a pension valued at $1 million or more over her life.  

With nine years of employment on the books, Gomez could receive payment for another year that would enable her to draw a $42,000-a-year pension once she turns 55. Hernandez said the city owes Gomez close to 800 hours of accumulated vacation and sick time.  

''I want to effect a separation as early as I can, in the cleanest and most professional way,'' said Hernandez. ``When you have senior executives in a top position, it's not unusual for them to receive a severance package.''  

Miami Commissioner Tomás Regalado said the city was trying to make it appear like they could solve their housing problems by just getting rid of Gomez. ``I think there are people higher up involved in all these deals, and it seems to me there is only one fall person: Barbara Gomez.''  

News of Gomez's departure was greeted with applause by several in some of the city's poorest neighborhoods that are still waiting for affordable housing.  

''She needs to go -- they all need to go,'' said Fanny Campbell, 67, who has lived in the Model Cities area since 1958. ``I've been telling them for a long time now: We want our neighborhood back.''

New rules squeak by for waterfront density  

Final vote set for Aug. 14  

By MELANIE STAWICKI AZAM

Staff Writer

NEW SMYRNA BEACH -- New city regulations requiring an opinion of title for projects fronting the ocean or river narrowly won first approval, but some city commissioners said they had concerns.  

In a 3-2 vote Tuesday, Mayor Jim Vandergrifft said he'd support the changes initially, but wasn't sure he'd vote for final approval of the item, which is slated for Aug. 14.  

"I'm going to take a much better gander at it," he said.  

The measure aims to clarify how the number of condos allowed on beachfront land is calculated, according to a city report. There has been some disagreement between the city and developers as to whether density should be calculated to the mean high water line or the platted lot line.  

"I'm not going to support this, because this is in litigation right now," said Commissioner Jack Grasty, voting with Vice Mayor Jim Hathaway against the item.  

Grasty was referring to a pending lawsuit by Hill Street property owner Aileen Alexander over beachfront density calculation issues involving a proposed 15-unit condo. City Attorney Frank Gummey said a decision in that case may take years.  

The new rules would also state that land within the beach, underwater, within public rights of way or otherwise dedicated to the public can't be used for private purposes to calculate density or lot area. Concerning dock construction, there has been some disagreement between the city and Riverside Drive residents as to whether land along the river is public or privately owned.  

According to a city report, previous plats show the land on the east side of Riverside Drive dedicated for public rights of way, while subsequent deeds have since incorporated that land into private lots. Riverside Drive property owners wanting to build a dock in those areas now need to get a license agreement with the city. "It seems to me our mission here is to recognize the rights of the public," Gummey said.  

But Grasty said residents contend they are paying taxes on that riverfront land. Hathaway said if all that riverfront land belongs to the city, then it could be on the hook in terms of liability and maintenance.  

"Who's going to be responsible (if a sea wall collapses there)?" Hathaway said. He argued that with each dock the city permits, it is increasing its liability.  

Gummey said the public can't use private docks, but citizens have a right to fish off the public riverfront land. He said the docks are similar to other incidental uses -- like mailboxes or landscaping -- allowed in the public right of way.  

"I don't see where it's any different," he said.  

3 activists win voice in talks on sector plan

By MITRA MALEK

Palm Beach Post Staff Writer

Tuesday, June 26, 2007

Three community activists have gained permission to participate in settlement negotiations for the sector plan, marking a victory for public participation in mapping local growth.

Acreage residents Patricia Curry, Alexandria Larson and Sharon Waite last week asked to intervene, noting that they live in the area where the sector plan is supposed to manage future development.

One day later, on June 21, an administrative law judge approved their request.

The women are not unusual for living within the sector plan area, roughly 85 square miles in central-western Palm Beach County with more than 45,000 residents.

But they are regular fixtures at government and agency meetings, keeping abreast of a multitude of proposed projects. When it came to the sector plan, they wanted to make sure they were heard. "We're the ones that are really affected," Larson said.

County commissioners approved the sector plan in August 2005, but a few months later the state Department of Community Affairs determined it wasn't in compliance with Florida 's growth-management regulations. Since then, the county has been trying to negotiate a settlement.

Several parties have intervened in the process, including three bordering municipalities and growth-management watchdog 1000 Friends of Florida. So has Callery-Judge Grove, which wants to develop its 3,900-acre farm. Yet not a single area resident or homeowners association has stepped in.

During the past 11/2 years of negotiations, the three residents were able to listen but not participate in phone conferences among the main players.

"I felt cut of out of the process," Curry said. She also noticed changes in revised documents sent to the state and wanted them addressed. Mainly, she wants to be in the loop.

The three women's involvement is fine with the state. "The growth-management process is designed to have public participation," Department of Community Affairs spokesman Jon Peck said.

Waite said the trio's interest is their community, not making money or pushing a particular project through. "We're not paid lobbyists," she said. "That gives us the liberty to say what needs to be said, and no one can gag us."

The women have entered negotiations on the state's side, agreeing that the sector plan has problems. For them, a main one is density.

Curry said all the large parcels under the sector plan's purview shouldn't necessarily receive the same density, because they are surrounded by different types of land use. Larson and Waite said one unit per 5 acres is more appropriate than the blueprint's current density.

The sector plan calls for one unit per 1.25 acres. That can increase to 1.2 units per acre if certain criteria are met, including clustering and open space.

Commissioners most recently approved changes to the plan in April, and the state is reviewing them

 

Live Oak couple suing over odor from Suwannee dairy farm

By NATHAN CRABBE

Sun staff writer

A Live Oak couple is suing a nearby dairy, saying the operation's odor prevents them from using their property.

John and Sandy Killian filed suit this month against Shenandoah Dairy and Suwannee County for approving the dairy's permit for two new barns. The suit claims county commissioners violated due process in approving the permit in May.

Sandy Killian said the dairy's growth creates an increasing odor problem that reduces her property value.

"No one is against this dairy or farming, but we are against the fact it's encroaching on us," she said.

Ed Henderson, part of the family that owns the dairy, said he's working to reduce the smell. But he said neighbors must understand they're living in an agricultural county.

"I'm trying to be a good neighbor, but it's a challenge some days," he said.

Shenandoah started in 1987 as a 20-cow dairy operation on 160 acres. Today it has about 2,200 dairy cows on 1,600 acres.

The dairy disposes of manure by mixing it with water and spraying the mixture on crops. The Florida Department of Environmental Protection approved the dairy's permit for the spray fields in January 2006.

Henderson said the state has jurisdiction over the issue and the permit should have been the final word.

But the suit claims Suwannee County commissioners violated due process in refusing to consider the effects of the spray field in approving the barn permit.

Henderson said he's trying new methods to reduce odors such as using a tanker that applies the waste closer to the ground.

But he said neighbors must understand there are limits to what he can do and still stay profitable.

Killian said she moved there about four years ago.

She said the dairy's growth creates problems for even longtime residents, who moved there before the dairy expanded closer to their properties.

"It has totally taken over the area where we live," she said.


Henderson said the dairy is part of the county's long farming tradition.

"We're the source of the country character people move here for," he said.

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

 

2 protesting sprayfield plan

By DEBORAH BUCKHALTER

Jackson County Floridan

Tuesday, June 26, 2007



Two men are protesting the state's intention to permit a sprayfield that Grand Ridge wants to put on a 475-acre site off State Road 69.

The petition was filed last month by Quillon and Kevin Yon.

The sprayfield site is located roughly 2 miles from the intersection of U.S. Highway 90 and State Road 69 and near the Yon property.

The petitioners' lawyer, Kenneth Plante, said the father and son believe the sprayfield site is too close to Ocheesee Pond and that they are afraid that if treated effluent were placed on the property, it could run into that body of water during flooding or heavy rains.

Dickson Bay , which is not a body of water but a wetland with occasional standing water, is also located in the area. Plante said his clients believe it would also be put at risk of contamination.

According to Grand Ridge City Manager J.R. Moneyham, an administrative hearing is scheduled for September to air out the issues cited in the petition.

Moneyham said he is confident the project engineers submitted solid information to the state in requesting the permit and that the city will be able to move forward with its plan.

Meanwhile, the city continues to install the wastewater collection lines that will bring waste from roughly 420 residences into the treatment plant that the city will build. From the plant, the wastewater would be sprayed on the field as a means of disposal after treatment.

Moneyham said three crews of workers are currently installing collection lines at various locations which will be served by the treatment system.

This is not the first time Grand Ridge has met with opposition to a proposed sprayfield site.

The Cypress community protested when Grand Ridge looked at a site south of that town's city limits, and the city eventually abandoned the idea of putting the sprayfield there.

The administrative hearing on the Yon petition is set for 9 a.m. central time on Sept. 17 at the state's Division of Administrative Hearings, located on the Apalachee Parkway in Tallahassee .

Grand Ridge has been working for a couple of years to find a way to get city residents on central sewer service; sections of the town are in low-lying areas prone to flooding that can compromise individual septic tanks.

Sneads and Grand Ridge had, at one time, worked toward an agreement that would send Grand Ridge waste to Sneads' recently expanded treatment system, but the two could not work out an acceptable agreement on the cost of treatment.

Grand Ridge has obtained several million dollars of commitments for state grants and loans to solve its wastewater problems.

 

Rapid deforestation poses warming threat

BY TYLER BRIDGES

tbridges@MiamiHerald.com

Brown, denuded hillsides dot the landscape, cleared by poor farmers to grow coca or food crops where dense jungle once stood in subtropical north-central Peru .

Boulders stand bare. Topsoil, having lost its protection, washes away under the assault of heavy rain.

Deforestation in Latin America and the Caribbean is accelerating, a new report shows, and the implications are growing more ominous every year.

Scientists say deforestation, almost always to facilitate planting crops and raising cattle, accounts for about 20 percent of the carbon emissions that contribute to global warming. Environmentalists are pushing to allow countries and companies to offset their emissions by paying to preserve forests elsewhere, such as in Latin America and the Caribbean . The Group of Eight nations, meeting in Germany earlier this month, pledged to help poor countries reduce deforestation to provide ``a significant and cost-effective contribution toward mitigating greenhouse gas emissions.''

These calls come amid the release of an annual report published last month by the United Nations' Food and Agriculture Organization showing that from 2000 to 2005, the rate of destruction of forest in Latin America and the Caribbean had risen to 0.51 percent of overall land, up from 0.46 percent during the 1990s. Forests accounted for 51 percent of the overall land in Latin America and the Caribbean in 1990, but only 47 percent in 2005.

The amount of forest lost each year from 2000 to 2005 averaged 11,077,734 acres, the study showed -- about the size of Maryland .

FARMERS AND LOGGERS

Researchers say forest is being increasingly cleared to make way for big cattle ranches and large soybean farms -- especially in Brazil , which accounts for about 60 percent of the forest land in Latin America and the Caribbean .

The culprits in smaller countries such as Peru : poor farmers who clear land to grow food crops, and loggers who cut down trees in areas where it is illegal to do so.

Chile , Uruguay and Costa Rica were the only countries in the region that had more forest land in 2005 compared to 2000, the FAO found.

Peru , like other countries, has taken steps to prevent deforestation. But peasants all too often move into forested areas, cut down trees, set the brush on fire to make way for small plots and plant crops to eke out a living.

''They leave their site in one or two years to move somewhere else, because the soils are not good,'' said Sandro Rivero, Tarapoto's mayor. ``We need enforcement of the law to keep the settlers out.''

Peru has only 450 forest rangers in the Peruvian System of Protected Areas, or one per 100,000 acres.

In Brazil , a University of Maryland-led team found through satellite photos that cattle ranches have caused the greatest deforestation, although more and more forest is being cleared for big, mechanized soybean farms.

''Historically, the dominant pattern of forest conversion has begun with small-scale exploration for timber or subsistence agriculture, followed by consolidation into large-scale ranching operations,'' said the team's report from last year.

''The clearings are huge,'' Gregory Asner, director of global ecology at the Carnegie Institution, said by telephone from its offices at Stanford University in California . ``They are even seen by satellites that miss a lot of detail.''

A scientific paper written by Asner and others disclosed that five of the 26 Brazilian states -- Mato Grosso, Amazonas, Pará, Rondonia and Roraima -- account for 90 percent of the deforestation in Brazil .

Asner said the satellites also showed that nearly all logging occurs within 15 miles of dirt and paved roads built through the forests.

That points up the dangers posed by the further extension of the Trans-Amazon Highway , which has been paved through the heart of Brazil 's Amazon to the Peru border and is now being paved west to provide an all-weather link to Peru 's coast.

The highway -- known as BR-317 on the Brazilian side -- will spur trade between the two countries and create badly needed jobs in Peru .

''But, in general, highways serve as a means to accelerate deforestation,'' Foster Brown, an environmental scientist at the Federal University of Acre in Brazil , said by telephone. ``It's a mechanism by which people enter a region, deforest and occupy land. BR-317 was a vector for a lot of deforestation. Unless mitigating factors are undertaken [in Peru ], it will likely have a similar pattern.''

Frank Merry, a natural resource economist for the Massachusetts-based Woods Hole Research Center who has worked in Brazil for the past seven years, said efforts to plant new forests and keep out settlers and illegal loggers have had minimal success.

CARBON CREDITS

The key to saving forest land, he said, is to make the value of preserving it exceed the value of clearing it.

''That's where carbon credits come in,'' Merry said by telephone from Mozambique , where he was working on another project. ''The forest would be fully valued for logging and provide environmental services as a carbon offset'' that companies or countries elsewhere could buy to counteract their own emissions.

The Nature Conservancy, for example, wants to preserve 15,000 acres at Oxapampa, in Peru 's central jungle, with funds obtained under this system. The cost: $7 million for a 30-year project. The Arlington, Va.-based conservation group, which operates in all 50 states and more than 30 countries, works to protect ecologically important land and water resources.

''It's very expensive,'' said Jaime Fernández, the Nature Conservancy's project coordinator in Peru . He noted that the group has already begun preservation efforts in the Oxapampa area with aid from the U.S. Agency for International Development.

Florida Sen. Bill Nelson, on a visit to Tarapoto in February, was dismayed by the deforestation he saw.

Nelson stood with one foot on a boulder, surveyed a field with only a few remaining tree stumps and said he first became interested in the issue in 1986 when, as a member of Congress, he flew in the space shuttle Columbia and could see the destruction of the rain forest as he looked down on Earth.

''We have to stop this process because of the impact on the climate,'' he said. If not, he added, ``We will suffer, and all of us will suffer.''

Court fight continues over Riverside Resort

By Terry Witt

The Save the Homosassa River Alliance went back to court Monday in hopes of convincing a judge it has the legal standing to continue its challenge of a condominium project, but the judge didn’t rule.

Derrill McAteer, an attorney for Riverside Resort owner Gail Oakes, and Chief Assistant County Attorney Michele Lieberman said alliance members don’t live close enough to the resort to have legal standing to file the lawsuit.

Alliance attorney Denise Lyn responded that state law has changed over the years and given citizens a more liberalized right to file challenges against projects they feel violate the local comprehensive plan.

Circuit Judge Charles Harris, who has yet to rule in favor of the alliance, said he would provide his ruling within two weeks.

The ruling is key because without it the alliance has no grounds for continuing their legal challenge.

Oakes plans to convert her longstanding Riverside Resort motel and condo complex into four-story condominiums. The complex would overlook the Homosassa River . She argues the comprehensive plan and other county land use rules give her the right to build the complex.

But the alliance said the county adopted changes to the comprehensive plan and land development code three years ago to prevent this type of high-rise development in Old Homosassa.

At the urging of the Florida Department of Community Affairs, the county participated in the Waterfronts Florida program to preserve the traditional commercial fishing waterfront in Old Homosassa. Land use rules were changed to preserve the general look of Old Homosassa and retain space on the waterfront for what was left of the commercial fishing fleet.

The county commission developed the Old Homosassa Area Redevelopment Plan and adopted policies and objectives for Old Homosassa that became part of the comprehensive plan. The Old Homosassa Overlay District was approved as part of the land development code to set standards for development in Old Homosassa.

Alliance members argue the redevelopment district and overlay were intended to preserve the historic character of Old Homosassa as an old fishing village. Homes and businesses should be no more than two stories, they say, and the community should remain low density. They say the four-story condo project is too tall and too dense for the community.

But Oakes is now attacking the very right of the alliance to challenge the resort project. McAteer said none of the alliance members who filed suit live within a mile of the project and have no standing.

Lyn said cited a long list of alliance projects that have centered on the river and that she said give the group standing in the case. But McAteer called it nothing more than a laundry list that gives them no more right than any other citizen to file suit.

McAteer said Oakes would be asking to be reimbursed by the alliance for attorney’s fees if she wins in court, as he expects she will.

Audit: Utility Sends Money Down Drain

By ELLEN GEDALIUS The Tampa Tribune

Published: Jun 26, 2007

TAMPA - The water department has failed to keep up with basic maintenance of the city's water system as overtime costs soar and more water than ever is lost to leaky pipes.

Those findings were included in a highly critical audit of the water department released Monday.

At a time when the administration has proposed an increase in water rates and homeowners are constantly reminded to cut back on water use, the audit finds problems within the water department are costing the city money and water.

Among the findings:

•Overtime costs rose 132 percent from 2005 to 2006, topping $500,000 a year.

•The department loses about 13 percent of its water to leaks and poorly registered meters.

•More than 80 percent of fire hydrants are not regularly inspected.

Mayor Pam Iorio had little to say Monday about the audit, preferring to wait until she could talk with Water Department Director Brad Baird.

Baird laid most of the blame on the city's old pipes.

"The audit verifies that we need to spend money for aging infrastructure," Baird said.

Utilities keep track of the amount of water they lose each year by comparing the amount produced with the amount billed to customers. The loss rate is referred to as "nonrevenue water" or "unaccounted-for water." The Tribune reported last month that the city was losing about 4 billion gallons of water a year, amounting to about $3 million in lost revenue.

The audit, conducted by the city's internal audit department, confirmed the trend.

A 2001 audit found that the city's water department was losing about 7.1 percent of its water. In November, auditors found, the city lost about 13 percent. The industry standard is about 10 percent.

Preventive Maintenance Needed

The department also isn't keeping up with preventive maintenance, the audit found.

"Although management has set preventative maintenance standards, we noted a significant number of exceptions to these standards," the auditors wrote.

For example, some large meters require a part to be replaced every four years, but 72 percent of the meters weren't replaced on schedule. Small meters should be replaced every 10 years, but 82 percent were not replaced on schedule.

Replacing meters in a timely fashion is important because meters tend to malfunction over time, usually under-registering readings rather than over-registering. That means the city isn't capturing all the money it can from customers using water.

Also, fire hydrants aren't being regularly inspected.

More than 80 percent of the city's 12,700 hydrants were not inspected at least once every two years, as is water department policy.

That increases the likelihood that firefighters trying to use the hydrants could find that they don't function properly.

From 2004 to 2007, the amount of time workers spent on system repair climbed from 39 percent to 59 percent. Also during that period, the amount of time spent on preventive maintenance fell from 22 percent to 16 percent.

Meanwhile, overtime costs increased by 132 percent.

Overtime costs in 2005 totaled $222,000. In 2006, the water department spent $515,000 on overtime.

Baird said he knows he must develop a program to increase productivity and cut down on overtime costs.

The Reorganization

The water department budget is about $68 million and has about 250 employees responsible for producing and distributing water, engineering, consumer affairs and administrative issues. Revenue generated by water rates fund the department.

About a year ago, the city's water distribution division was reorganized. Rather than have experts focusing on various areas, such as meter replacement and pipe repair, employees were assigned to geographic areas. The city was divided into quadrants, and employees were cross-trained in different areas.

For example, meter replacement experts learned how to repair pipes.

The city paid a consultant $73,000 to develop the reorganization. In recent weeks, the consultant came back to address problems with the new structure. The firm was paid an additional $2,700.

The audit covers Oct. 1, 2005, to Dec. 31. The reorganization went into effect in early 2006.

"Those kinds of overhauls don't go with some bumps along the way," water department spokesman Eli Franco said. "You're cross-training. That takes time. And that affects your productivity for a while."

Franco said, however, that the water department realizes its focus must shift back to preventive maintenance, rather than simply reacting to pipe breaks.

Baird is relying on the city council to approve a rate increase this summer that could double the cost of water over the next five years. The rate increase has been pitched as a way to generate money to replace the city's aging infrastructure; revamp the reclaimed water system; and increase the amount of freshwater that flows into the Hillsborough River .

They say that if the department has more money to spend on replacing pipes, it can shift its efforts back to maintenance.

Reporter Ellen Gedalius can be reached at (813) 259-7679 or egedalius@tampatrib.com.


Arsenic Levels Hit Unhealthy Highs In A Dozen Lithia Wells

By MIKE SALINERO, The Tampa Tribune

Published: June 26, 2007

TAMPA - Unhealthy levels of arsenic have been found in a dozen scattered drinking water wells in the Lithia area of eastern Hillsborough County .

State environmental authorities are providing the owners of the affected wells with alternative water supplies. Although arsenic levels in the wells are above federal water quality standards, state officials say there is no reason for alarm.

'I think the arsenic numbers, the kind of exposure we're talking about, is not enough to cause an immediate health impact,' said Bill Kutash, an official with the Florida Department of Environmental Protection's Southwest District.

'So no, it's not an emergency or imminent problem,' Kutash said.

Arsenic is a semimetal element that can enter drinking water from natural deposits in the earth or from agricultural and industrial practices. It is a carcinogen. Long-term exposure can cause discoloration of the skin, vomiting, diarrhea, numbness in the hands and feet, partial paralysis and blindness.

The contaminated wells are in an area dotted with small farms and orange groves, east of the Polk County Line and south and east of the Alafia River 's north prong.

The Hillsborough County Health Department found the first contaminated well last year at Stepping Stone Farm, a home for girls who are no longer in their parents' care. Federal regulations require that the home's well be tested periodically because of its size, said Cindy Morris, environmental administrator at the Health Department.

After the contamination was found, the Health Department had the home's residents switch to another well on the property with low arsenic levels, Morris said.

'We wanted them to get another drinking water supply,' Morris said.

The Health Department tested another 25 to 30 wells in a half-mile radius south of Stepping Stone and found three other wells with high arsenic levels.

The Health Department called in the DEP, which expanded the investigation this year in an effort to find the source of the arsenic. Investigators drove up and down the rural roads, talking to residents about the history of the area. They also studied old and new aerial photographs. So far, they've found nothing that looks like a potential source.

'Some of those people have lived there since the 1960s,' Kutash said. 'None of them reported a business or industry in that area that would account for the arsenic.'

The DEP then decided to do its own testing over a larger area than the Health Department covered. The agency asked about 180 property owners to test their wells, and 67 agreed. Eight wells showed unhealthy levels of arsenic.

Randy Tagliarini, who lives on Pritcher Road , said DEP investigators told him the arsenic levels were too high to use the water for drinking. A neighbor's well also had high levels of arsenic, Tagliarini said.

'They said, 'Look, the water is unsafe to drink,'' Tagliarini said. 'Nobody would say you'll be fine if you water your garden with it or take a bath in it … It bothers me.'

The U.S. Environmental Protection Agency says on its Web site that absorption of arsenic through the skin is minimal. Hand-washing, bathing and washing clothes with water containing arsenic does not pose a human health risk.

The DEP has just begun a new round of testing farther east. If no other arsenic hot spots are found, the agency may end the investigation, Kutash said.

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

 

Water authority budget increase has Charlotte officials steamed

By ZAC ANDERSON

zac.anderson@heraldtribune.com

Rising water prices have Charlotte County officials complaining about the regional water authority at a time when tensions already are high over a proposed pipeline to cross the Peace River .

The Charlotte County Commission likely will vote today to reprimand the Peace River Manasota Regional Water Supply Authority for a 12 percent budget increase that could be passed along to local water users.

At the same time, the County Commission will discuss a controversial pipeline connection with the city of Punta Gorda .

The issue has strained the commission's relationship with the authority and tested the county's commitment to following a regional water strategy espoused by the state.

While the pipeline is important because it would link local water systems and provide emergency backup systems, the budget increase has a more immediate impact on local water users.

"Those costs have to be paid by our rate payers when they go up" that dramatically, Assistant County Administrator Roger Baltz said Monday.

Charlotte County Utilities purchases 95 percent of its water from the authority.

A recent study that set Charlotte County 's water rates -- among the highest in the region -- for five years did not take into account a large budget increase by the authority.

The authority, which serves Charlotte, Sarasota , DeSoto and Manatee counties, would use the $1.2 million budget increase to cover additional costs for its new DeSoto plant and hire four more employees.

But that spending likely will be curtailed in light of criticism from Charlotte and officials in the other counties who must approve the budget.

"I think they're already looking at ways to reduce those numbers," Baltz said.

With the pipeline issue, commissioners must decide whether they want to build the pipeline alone or in partnership with the authority.

Both possibilities have benefits and drawbacks.

Charlotte officials are concerned that a larger, $19 million pipeline would not be owned by the county if they work with the Peace River authority and accept an $11 million grant from the state.

A smaller pipeline paid exclusively by local taxpayers would offer more control but could create bad blood with regional water officials.

Either way, the county would contribute $8 million in sales tax revenue and bonds.

Caught in the middle is the city of Punta Gorda , which stands to profit by selling 2 million gallons of surplus water through the pipeline to a water authority that is desperate for new supplies to serve the growing region.

Punta Gorda Utilities Director Tom Jackson said the extra revenue would be used to expand the city's Shell Creek water treatment plant in 2013, limiting the impact on city rate payers.

"That would be very nice to sell that surplus and defray some of those costs," Jackson said.

In addition, Punta Gorda would be eligible for state grants if the city is connected to the regional water system, Jackson said.

The benefits for Punta Gorda are enough to convince Commissioner Tom Moore that the larger, regional pipeline is a good idea.

"It's time to stand up and be big boys and do this," Moore said.

Other commissioners are wary of the regional pipeline because they would not control the water, and because Charlotte is the only county contributing to the project.

"We could solve this by everybody putting in the right amount and sharing it properly," said Commissioner Tom D'Aprile.

The Peace River authority has a special meeting Thursday on the project. The authority must act now or lose the $11 million state grant, but the agency is dependent on Charlotte County to provide matching funds.

MPO officials remain divided on merits of Port Manatee road

By FRANK GLUCK

frank.gluck@heraldtribune.com

MANATEE COUNTY -- Studying a proposed road between Port Manatee and Interstate 75 will likely prove a whole lot easier than actually finding the money and political consensus to build such a connector.

Even though officials in Sarasota and Manatee counties have agreed to consider the idea, they remain sharply divided on its merits.

On the one hand, supporters say a connector would improve vehicle traffic flow from the growing port to destination cities.

But opponents point to its price tag -- guessed at $400 million -- and its potential to increase development in North Manatee, where roads are already overburdened.

Those divisions were apparent Monday even as the Sarasota/Manatee Metropolitan Planning Organization formally authorized $3.8 million for the state to conduct a port connector study.

The MPO consists of 15 local officials, such as mayors and county commissioners. It prioritizes state and federal transportation projects in the bi-county area.

Sarasota County officials on the MPO complained that state money for roads is already in short supply.

They questioned the wisdom of building another road to link with I-75, something they said would encourage more development and produce more road congestion.

"We're already strapped, and here we are adding a project of gargantuan proportions," Sarasota County Commissioner Jon Thaxton said, later adding: "I can assure you this (road) will cause additional sprawl in this area."

In a sense, it is too late for that, Manatee officials say. The county has already approved developments that will bring thousands of new homes to the farmland now between the port and the interstate.

But in those deals, developers have agreed to provide rights-of-way for a future connector. That could drastically reduce the overall cost, they say.

Besides, this is just a study, said Manatee County Commissioner Carol Whitmore.

"Let us do the study and see," she said. "If this is not feasible, we won't do it."

The MPO agreed to the study only after declaring that the road itself should be mostly funded by private sources. That may be tolls or some other public-private arrangement, MPO officials said.

No one on the MPO disputes that the port is an economic boost for the area.

The port contributes more than $2.5 billion to the regional economy, up from $685 million in 1995, port officials say.

About 2,000 trucks leave the port daily en route to the interstate, said David McDonald, executive director of the port.

Port officials say they want to avoid the congested road systems that have developed near the ports of Miami and Tampa .

"This is not just a little, local port anymore," said Manatee County Commissioner Joe McClash. "This is something that services the nation."

 

City OKs ecological rules on some land

By JEFF ADELSON

Sun staff writer

Gainesville city commissioners on Monday approved stricter environmental regulations on several east Gainesville parcels and considered imposing similar restrictions on about 790 acres in west Gainesville .

The regulations increase the distance buildings must be "set back" from environmental features such as wetlands.

The restrictions approved Monday cover eight parcels totaling 47 acres between Hawthorne Road and E. University Avenue east of SE 24th Street . The commission voted 6-0 in favor of the regulations, with Commissioner Ed Braddy absent. A second approval from the commission is required before the restrictions go into effect.

The restrictions, known as the "Significant Ecological Communities Overlay," was created in 2004 to increase protections for environmentally sensitive features. Since then, officials have been gradually bringing "high-quality" properties before the commission to add the new restrictions.

Opponents of the regulations say they increase the cost of developing properties and that the criteria for inclusion in the program are too vague.

Supporters say that while the overlay provides some benefits, it is not protective enough.

"These are pieces of property that have been rated to have a quite high environmental value," Commissioner Craig Lowe said. "I think this is something that residents of Gainesville in the future will look back and thank us for putting in place even if (the regulations) are quite meager and don't go far enough."

Much of the discussion Monday concerned a property that had been on the list but was temporarily removed by staff to be considered at a later time. The property, an 84-acre tract near Williston Road , is one of the properties being considered for redevelopment under the city's Southeast Gainesville Renaissance Initiative.

"We only brought forward at this time the parcels we didn't have much conflict with," Gainesville Planning Manager Ralph Hilliard said.

Ted Nichols, the property's owner, has previously argued that the policy would make it harder to develop east Gainesville properties by increasing the cost of projects.

Some commissioners said the overlay should be applied but that officials should also take into account concerns about development on the east side.

Commissioner Scherwin Henry urged staff "to look at all the avenues to ensure that we are able to achieve what we would like to achieve with the ecological overlay. But at the same time not overly hinder the development of east Gainesville ."

Mayor Pegeen Hanrahan warned that all properties should be viewed in the same way and said the regulations could be seen as a benefit.

"Setting aside valuable environmental resources often-times makes for a very valuable development," Hanrahan said.

Jeff Adelson can be reached at 352-374-5095 or adelsoj@gvillesun.com

Where did Lake Jackson go?
Dailey says county needs to step in to save lake
By Bruce Ritchie
DEMOCRAT STAFF WRITER

Leon County Commissioner John Dailey said Monday it's time for the county to take action to bring water back to Lake Jackson .

Lake Jackson , once popular for fishing and boating, has been nearly dry since water flowed down Porter Hole sink near the end of Faulk Drive .

The lake has a history of periodically draining and refilling. Tallahassee 's rainfall is 17 inches below normal this year.

Dailey said Monday he agrees with some lake-area residents who want to fill in the sinkhole or build a berm around it to help the lake refill. He took an airboat tour Monday with resident Olin Granthum.

Leon County , Dailey said, spent millions of dollars cleaning up Lake Jackson after 2000.

"Now we are just going to let that investment go to waste?" Dailey asked. "If anything, we need to protect the water body."

He said he wants to form a working group to consider options. Among them are filling in the sinkhole with limerock and dirt or building a berm around it to restrict water flow, Dailey said.

Lake Jackson is a designated state aquatic preserve managed by the Florida Department of Environmental Protection. A DEP spokeswoman said Monday that taking action on the sinkhole could require approval by the governor and Cabinet.

Lake Jackson now is a series of separated pools, and Granthum predicts the lake will become "bone-dry" this summer. He rode his airboat between the pools with their alligators, wading birds and flowering American lotus.

The Florida Fish and Wildlife Conservation Commission hasn't discussed blocking flow to the sinkhole because of the likelihood that another sinkhole could open, said Jim Estes, leader of the freshwater fisheries research section.

Tom Scott, assistant state geologist at DEP's Florida Geological Survey, said other sinkholes could open in the near future and likely will in coming centuries.

Granthum, who lives along the shore of Lake Jackson , said Porter Hole sink probably could be filled with limerock and dirt for $100,000. As the owner of Olin Construction Co. Inc., Granthum said if new sinkholes open, they too can be filled.

Dailey said he hopes the new work group could be formed to meet starting in July. The county, he said, also should reconsider policies that require new developments around the lake to trap all stormwater to reduce lake pollution. Granthum said those ponds are holding back water that should be flowing into Lake Jackson .

Water-quality specialist Sean McGlynn said he isn't sure there is enough water in the treatment ponds to refill the lake. And he said the county should move cautiously on blocking the sinkhole.

"I wish we could appreciate what we have for what it is," McGlynn said. "The birds and wildlife in Lake Jackson now are phenomenal. It just is not typically what we consider a lake in our mind's eye. But it will come back."

Haven Holds Firm on Boat Slips in Development

By John Chambliss
The Ledger

WINTER HAVEN — City Manager David Greene and a local developer, longtime amicable partners, had a rare tiff on Monday in a City Commission meeting.

The argument started after Jack Brandon, a lawyer with Peterson & Myers, and developers requested several amendments to a recommendation to city commissioners that would allow 25 overnight boat slips at a future home development on Ruby Lake .

Brandon, Lennar Corp., and David C. Carter Consulting Engineers wanted 35 overnight boat slips, and the removal of conditions that forced boats to be moved after 31 days and banned fueling of boats on the water.

City officials complied with two requests -- not to force boats to be moved or to ban fueling -- but held firm on 25 overnight slips.

Commissioners voted 5-0 in favor of the amendments but sided with the city on the 25 slips.

Greene said he was under the impression that developers and the city had reached an agreement in previous meetings.

“I’m disappointed (developers) are not acting in good faith,” Greene said.

Community Development Director David Dickey echoed Greene.

“Up until 20 minutes ago, I was not aware that these conditions were going to be an issue,” Dickey said.

Brandon disagreed.

“This has been consistent with our stance,” Brandon said of the requests. “I don’t think it’s fair to us to say we haven’t been participating in this process.”

The commission’s vote comes nearly three months after planning commissioners voted 5-0 in a packed meeting filled with Ruby Lake residents to recommend that 20 overnight boat slips be allowed at the development.

 

Port St. John soon will make the connection

Road will provide 2nd access route west of I-95 for residents, schools

BY SUSANNE CERVENKA
FLORIDA TODAY

A mile-long stretch of road scheduled to open next month will help thousands of residents evacuate during natural disasters and ease congestion when the only storm is the flurry of students and buses coming and going from nearby schools.

Work on the two-lane, $4.5 million Port St. John Connector began in July and is expected to be done by the start of the school year in August.

Last year's long-burning wildfires refueled the fear held by some residents and officials about evacuating people from that area of the community west of Interstate 95.

"There's only one way to get in and out and if something tragic happened, what would we do?" said Chanel Headlam, 17, who lives on Brack Street, west of the interstate.

The new road links Golfview Avenue and Fay Boulevard to Port St. John Parkway , Brevard County traffic engineering director John Denninghoff said.

County officials have been concerned that Port St. John residents would be trapped west of I-95 if something happened on Fay Boulevard , which until the new connector is complete is the only way over the interstate. About 1,100 homes lie west of the highway, Denninghoff said.

"It's really important for them in a safety, evacuation perspective," he said.

Not a new idea

The idea of a west connector began during initial planning for the I-95 interchange in the late 1980s, Brevard Metropolitan Planning Organization director Bob Kamm said.

Very few people were living west of the interstate at the time, but many lots were platted.

"It was clear it was eventually going to fill up," Kamm said.

State and county officials decided to use the interchange to link both sides of unincorporated Port St. John, but they didn't know when or where to build it.

The "when" became clear in the mid-1990s as housing boomed west of the interstate. That, in turn, led to Enterprise Elementary and the then-Space Coast Middle School opening in 1994 and 1995, respectively.

But as construction grew, so did the concern: If the Fay Boulevard overpass had to close, west-side residents would be trapped.

Last year's fires reinforced the need for the second access route, Denninghoff said.

Flames raged for more than a month in the dense wilderness that wrapped behind Adele Street homes, burning 6,500 acres. Smoke was so thick at times that it closed sections of the interstate and affected visibility on Fay Boulevard .

"The need to have two ways in and out became pretty clear," Denninghoff said.

While the fear of trapped residents has remained a concern, the connector will relieve the daily reality of traffic congestion, especially at the beginning and end of school days when buses, students and staff congregate around Enterprise and Space Coast Jr./Sr. High.

When school starts in the fall, traffic will be able to flow west to the connector and then onto either Grissom Parkway or I-95.

"Bring it on," Corie Downey, 37, said in reaction to the connector's near completion. "We're ready."

It takes Downey five minutes to get east of I-95 when she leaves her Adele Street home at 6:40 a.m. An hour later, as children, buses and staff head to Enterprise and Space Coast , the trip lengthens to about 20 minutes.

Ricky Capellaro, 50, doesn't even try to leave his Golfview home when school is letting out. He hopes that will soon change.

But while even school officials are excited about clearing some of the traffic, not all residents are.

Some on Golfview Avenue like their street as a dead end and fear what connecting it to I-95 will do. On a recent day, the street was so quiet that a group of neighborhood children played a pick-up game of roller hockey in the middle of the road.

"I just dread what the traffic will be," said Ursula Forde, 77, who was the first to build a house on the street 20 years ago.

Darlene Schaad, 41, picked her lot because Golfview Avenue was a dead end, allowing her children to play safely.

"I'd rather it be on a different street," she said.

Not always easy

Port St. John likely won't have to consider other connectors once this one is complete.

More than 20,000 people live in the community, but much of the land west of what's already built is either publicly owned or is too wet for construction, Kamm said. With little new room for development, the two access points will likely handle all of the town's future traffic needs, he said.

Joining split communities is not rare in Brevard County , where developers have turned west after land east of I-95 has been filled.

In Viera, for example, officials have know for years -- since the development was proposed in 1991 -- how traffic would go between its two sides.

Plans show five different possible I-95 crossovers, including the Viera overpass that is now being built, as well as upgrades at the Pineda extension, on Wickham Road , and at Fiske Boulevard and Barnes Avenue , Kamm said. Long-term plans allow for Spyglass Road to travel over the interstate, as well.

When General Development Corp. started building Port St. John in the 1960s, no such planning was required by Florida law, as it is now. But the county was able to fit a second route over the interstate.

But with its sister communities, it's not so easy.

In the southern part of the county, Port Malabar, also built by General Development, is home to thousands of residents who live west of I-95. They use the same four crossing points each day to travel to their jobs, most of which are east of the interstate.

Officials hope to widen Palm Bay Road and are making progress on the St. John's River Parkway, which, when completed, will give area residents another interstate crossing, Kamm said. But he admits that Palm Bay , the county's largest city, would be laid out differently if the developer had had to plan in advance.

Contact Cervenka at 360-1018 or scervenka@floridatoday.com.

Biotech bid stung Opa-locka

Before he pitched a biotech park for Liberty City , developer Dennis Stackhouse wooed Opa-locka with a similar dream -- and the city is paying.

By Jason Grotto

jgrotto@miamiherald.com

Long before his companies received millions in poverty money for a floundering biopharmaceutical park in Liberty City , developer Dennis Stackhouse vowed to lure the trendy biotech industry to another distressed area of Miami-Dade County .

The city of Opa-locka sold land to Stackhouse's company in the heart of downtown at a bargain price -- $1 a square foot. Local leaders gave the company tax breaks worth hundreds of thousands of dollars. A county antipoverty task force kicked in $2.2 million.

Like the proposed Poinciana Biopharmaceutical Park in Liberty City, the Town Center building that Stackhouse constructed in Opa-locka was supposed to attract a biotech firm to the job-hungry community -- transforming its blighted downtown into a vibrant urban core, teeming with jobs, industry and more tax dollars.

But seven years after Stackhouse showed up in Opa-locka with elaborate plans and promises, there are few new jobs, little new tax revenue -- and no biotech firm, a Miami Herald investigation found.

In fact, Town Center remained mostly empty for the past three years -- until the Opa-locka City Commission decided to relocate City Hall there in March.

The cost to Opa-locka taxpayers: $400,000 a year in rent.

Meanwhile, Town Center 's other tenants include:

• The nonprofit social-service agency of an Opa-locka city commissioner who voted to give Stackhouse's company tax breaks while her charity worked out of his building rent-free.

• A day-care center managed by a woman who pleaded no contest last year to defrauding the state's social-service agency.

• Former congresswoman Carrie Meek's foundation, which received free office space in the building.

With no biotech firm in Town Center , the city -- saddled with the highest millage rate in the county -- is slated to become Town Center 's largest tenant and even looked into buying the building for an estimated $12 million, although the property is assessed at just $6 million, records show.

For the past three years, the four-story building with Moorish flourishes and accents has been the headquarters from which Stackhouse launched his efforts to gain commitments for more than $30 million in public money for his projects in Opa-locka and Liberty City .

''That rich man has received more from this community than any of the local businesses,'' said former Opa-locka City Commissioner Steve Barrett, whose wife runs a modest restaurant down the block.

Stackhouse arrived in South Florida on the heels of a bankruptcy case in Boston involving one of his businesses. The case lasted three years and involved more than $20 million in defaulted loans and debts.

In 2000, he founded a development company in Opa-locka, a city in North Miami-Dade, where street names and buildings are inspired by 1001 Arabian Nights and more than half of the residents live in poverty.

In September 1999, the Opa-locka City Commission voted to sell a 10,000-square-foot lot of ``surplus land . . . for the benefit of the City and to encourage economic development in the downtown area.''

It was supposed to be a catalyst for revitalization in a city that hadn't seen a major commercial development in 15 years.

Four months later, the City Commission approved the sale of the lot to a Stackhouse company for $1 a square foot after he proposed building a mixed-use development that would include retail space and badly needed affordable housing.

''Once the downtown is revitalized, that will radiate outside of the city,'' Stackhouse said in his application.

The project was supposed to create 30 jobs and generate $20,000 a year in taxes, records show.

But even before construction began, city commissioners eliminated that potential tax revenue by voting in 2002 to give Stackhouse a break on $250,000 in property taxes.

A year later, the developer dramatically altered his plan. Instead of a project that would include housing for the poor, he decided to build an office building.

He said the new development, called Town Center , would bring the lucrative biotech industry to the struggling city by attracting a Massachusetts-based firm called MediVector. Now, instead of 30 jobs, Stackhouse said he would create 70.

Based on the new plan, a county antipoverty task force chaired by U.S. Rep. Kendrick Meek gave Stackhouse a $2.2 million loan in 2004 for medical equipment to help lure MediVector to Opa-locka.

'' Town Center is an integral part of the negotiations to bring MediVector, Inc., to Miami-Dade,'' wrote Kishore Rao, fiscal policy coordinator for the task force.

But MediVector didn't move to Opa-locka.

Stackhouse said that MediVector had a contract with Eli Lilly -- a multibillion-dollar pharmaceutical company -- to work on drug trials but that the deal had fallen through. That prevented MediVector from making the move, he said.

MediVector's president, Api Rudich, would not respond to questions.

USE OF COUNTY FUNDS

With MediVector out of the picture, Stackhouse used the county's money instead to pay down a $1 million construction loan for Town Center, an additional $800,000 for direct construction costs, and $100,000 on lawyers and consultants -- including Opa-locka's former Assistant City Manager Ed Brown, who received $25,000 from the Town Center project, according to receipts that Stackhouse submitted to the county.

For the past year, Stackhouse's company has failed to make payments on the loan and owes Miami-Dade $140,000, records show.

His company also has more than $50,000 in federal tax liens on the building because he hasn't been paying his employment taxes, records show.

Now, three years later, he says MediVector will anchor the biopharmaceutical park two miles away in Liberty City .

When the building in Opa-locka finally opened in 2003 -- nearly four years after Stackhouse's company acquired the land -- more than 60 percent of it was vacant, although he claimed when he applied for the county loan that the building was 92 percent preleased.

The largest tenant when it opened was a preexisting day-care center managed by a woman who would later plead no contest to charges that she reaped thousands more in state dollars by inflating the number of children in her care.

Because Stackhouse failed to attract new businesses to Opa-locka, then-Vice Mayor Terence Pinder moved to rescind the lucrative tax breaks for Town Center .

But Pinder was overruled in a 2-2 vote in 2005.

Voting in favor of Stackhouse's company: City Commissioner Dorothy ''Dottie'' Johnson, whose nonprofit had been receiving free rent in Town Center for months.

AN ETHICS FINDING

The Miami-Dade Commission on Ethics and Public Trust found that Johnson violated county ethics rules by voting in favor of the tax breaks while receiving free rent, but the commission didn't take formal action because it had allowed her to cast a previous vote related to zoning for Town Center.

Johnson said she assumed that the commission's ruling on the zoning issue applied to all votes she would cast related to Town Center . She said she didn't see a conflict of interest in her vote on the tax breaks because she had not taken a salary from the nonprofit or held a vote on its governing board.

''I'm a tenant just like everyone else,'' Johnson said at the time.

According to canceled checks and Ethics Commission files, Johnson's nonprofit social-service agency also received three $600 checks dated the same day from 1010 Massachusetts Avenue , LLC., one of Stackhouse's companies.

In an interview with an Ethics Commission investigator, Stackhouse was evasive about his involvement with the company.

''He did say he was familiar with the entity 1010 Massachusetts Avenue , LLC . . . but refused to elaborate,'' the investigator's notes say. ``He denied 1010 Massachusetts was affiliated with Town Center or its employees.''

According to corporate records and court documents from Massachusetts , however, Stackhouse is the sole officer of 1010 Massachusetts Avenue , LLC.

The same company, along with a handful of other entities controlled by Stackhouse, donated tens of thousands of dollars to Opa-locka politicians since 2002 -- including nearly $10,000 to Mayor Joseph Kelly, who was elected last November, and more than $4,000 to Johnson, who is now vice mayor.

Now, instead of spawning new industry and dozens of jobs, Town Center is home to Opa-locka's City Hall, the largest tenant in the building.

Last October, Johnson -- the commissioner who received free rent from Stackhouse's company -- sponsored a resolution to move City Hall to Town Center . The measure also included an option to purchase the building for an estimated $12 million. It passed unanimously.

Johnson declined to comment.

Mayor Kelly said the city's interest in purchasing the building is on hold while the city waits to see the impact of tax cuts proposed in Tallahassee . But he said the city has benefited from relocating to Town Center because it needed the space and the maintenance cost at the old City Hall was too high.

He also pointed out that a public library opened in Town Center recently and said that has created educational opportunities for residents.

''I just want to make sure that citizens get the best services for the money,'' he said.

Opa-locka's former mayor, John Riley, who received two $500 contributions from Stackhouse's companies in 2002, said Stackhouse quickly became a power player in the city.

''For a person who has been here for such a short time, Stackhouse has got a lot of politicians in his corner,'' Riley said.

Miami Herald staff writer Robert Samuels contributed to this report.