Gulf drilling issue resurfaces

By CORY REISS

Sun Washington Bureau

WASHINGTON - Like a monster in a horror movie that has been shot, stabbed and blasted into oblivion, the specter of drilling close to Florida 's shores is rising from the dead once more to lunge for a state that thought it was safe.

Sens. Byron Dorgan, D-N.D., and Larry Craig, R-Idaho, plan to introduce energy legislation today that would allow oil and gas drilling as close as 45 miles from Florida 's shores in the Gulf of Mexico .

Late last year, Congress ended a long battle over the same issue by allowing drilling closer than previously permitted but only as close as 125 miles until 2022.

That bruising fight roiled the House and Senate, split the Florida delegation and seemed to have ended with an uneasy peace among environmentalists, Florida lawmakers and advocates of expanded domestic production.

Dorgan and Craig have scheduled a news conference today announce the bill, whose prospects may be dim.

"This proposal goes back on everything the Congress dealt with last year - everything we did to create a long-term buffer for Florida,'' Sen. Mel Martinez, R-Fla., said in a statement. "I will fight this proposal every step of the way.''

Sen. Bill Nelson, who used hard-line tactics to stall drilling legislation from the time it began to gain strength in 2005, said he would fight as well.

Congress probably doesn't have the appetite to revisit the offshore drilling issue, aides said. Moreover, Democrats are in charge now. Environmental groups are not breathing too easy, but they aren't on the edge of their seats either.

"We're not sounding the alarm bells,'' said Mark Ferrulo, director of Environment Florida, "but we're also not turning the cheek either....This may be a unifying opportunity for the Florida delegation, which in some ways could be a silver lining.''

Florida lawmakers were torn during tense negotiations and some outright fights over the drilling issue last year.

The new legislation pairs changes to energy policy that environmental groups would support with drilling, which they clearly would not. The measure would increase fuel efficiency standards for new cars and trucks by 4 percent a year from 2012 to 2030 and increase the ethanol mandate.

In addition to gutting the drilling deal for the eastern Gulf of Mexico that Congress passed last December, the measure also would allow inventories of oil and gas along the southeastern seaboard.

The bill would allow drilling as close as 45 miles from Florida in areas including the waters of Cuba , which has moved to drill close to the Florida Keys , chafing drilling supporters who have cried foul. The measure also would permit travel to Cuba for drilling-related work, which Martinez complained would violate the U.S. embargo of the island.


State agrees to swap of submerged lands

By JOE FOLLICK

Sun Tallahassee Bureau

TALLAHASSEE - Photos of rare birds and mating manatees weren't enough to stop Gov. Charlie Crist and the Florida Cabinet from agreeing to a land swap that could allow a new home to be built in ritzy Longboat Key.

The unanimous decision from Crist and the Cabinet ends a four-year effort by the William C. Saba family to retain ownership of submerged lands near three small lots they own in Manatee County .

Their contention was that the state's decision to dredge the part of Longboat Key and to erect seawalls nearby led to the erosion of their land and put it underwater.

Submerged lands are generally considered to be owned by the state. A 12th circuit judge ruled in 2005 that the state owned the land and the Saba family appealed.

But Department of Environmental Protection Secretary Mike Sole said Tuesday that the agency agreed that the land belonged to the family and had offered, pending Cabinet approval, a swap.

The deal gives the Saba family .2 acres of submerged land with the state getting .14 acres of adjacent submerged land. In addition, the Saba family is acquiring three acres of partially submerged land in nearby Perico Bay that it will give the state.

William Hyde, an attorney representing townhouse owners near the property in question, suggested the state wasn't getting a fair deal since the Saba family plans to build a single-family house and dock on the land which would put the lot's value at $1 million or more.

Hyde tried to sway the Cabinet members with photos of rare birds on the land in question, including a roseate spoonbill, a snowy egret and a white ibis feeding on an oyster bed.

For the last photo, Hyde saved a shot of mating manatees that revealed very little other than a splashing grey blob in blue water.

"It's obviously a romantic habitat as well,'' Hyde quipped.

Cabinet members at first questioned why the state was willing to fight and win the battle in court but now seemed ready to reverse that victory with a proposed land swap.

Sole said it was a matter of "common sense'' and that the addition of three acres would provide the best deal for the state.

And Agricultural Commissioner Charles Bronson quickly ended the debate when he deduced that the submerged land in question was part of the Saba family's property and not the state's.

Any effort to develop the land faces numerous obstacles, including local and state permits to fill in the submerged land for future construction.

Moratorium will help Yankeetown recover

By Times editorial
Published March 14, 2007

After months of neighbor vs. neighbor warfare in Yankeetown over a proposed waterfront development, local leaders and citizens are taking steps toward restoring much-needed peace and sanity.

The recent elections were a good start by demonstrating to the community, and to state officials who had been asked to take over operating the town, that the locals really can be trusted to manage their own affairs.

Next came a decision by the town's zoning consultant that the developer's proposal did not measure up to the comprehensive plan and existing zoning rules.

To no surprise, the developers did not agree with that decision. Rather than pack up their drawings and checkbooks and head to some other unsuspecting town, the developers have sued 17 Yankeetown residents and officials, claiming they have been the victims of an ongoing conspiracy to torpedo their plans.

A former deputy clerk in town chimed in last week by filing a suit of her own, largely echoing the complaints that town officials violated the Sunshine Law by talking among themselves about the project and the controversy.

These are serious allegations, and all sides deserve to be heard. Whether their plans were legal or even in the best interests of the townspeople, the developers have their rights as well. They deserve to have their project evaluated fairly and within the parameters of the town's development rules.

The citizens certainly are entitled to know whether their leaders followed the law as they handled the biggest issue ever to erupt in this small Levy County town.

In the meantime, the council last week took a smart step. The board approved a one-year moratorium on permitting for commercial developments.

Not only will this allow time for tempers to cool a bit, it will also give staff the opportunity to do the necessary work to bring the town's comprehensive plan and land use codes into compliance. This should allow the town, and developers, to clarify the rules and thus avoid the sorts of fights that have torn Yankeetown apart for more than a year.

One council member noted that this community has been battered enough lately and it is time "for a breather."

He is absolutely right

Growing Pains Unavoidable As County Enforces Urban Limits

Tampa Tribune Editorial Published: Mar 14, 2007

Managing growth is becoming harder in Hillsborough County . A workshop today on changes to the county's 20-year growth plan will raise controversial questions for commissioners. Their guiding principle should be the welfare of the all taxpayers, whose interests will be best served by less chaotic growth. That means holding the line on where rapid growth is allowed.

A proposal from the city-county planning commission would designate core areas for more intense growth while keeping large subdivisions out of remote farmland. Developers complain that the good sites within the longstanding growth boundaries have already been developed, and that adding densities there will be expensive and locally unpopular.

Yet a denser pattern of growth is what most residents said they wanted in a series of public meetings last year.

The new map attempts to make that vision a reality. It targets central areas for higher-density development than has been common in the unincorporated area. The original urban service district included so much undeveloped land that it hasn't made a visible difference to the average person, but that's about to change.

Now that the area designated for houses and stores is filling up, developers want to expand the boundaries and continue building on inexpensive land farther out. They correctly complain that inside the urban boundary, neighborhood activists fight against higher-density projects and often convince elected officials to lower the number of houses and apartments permitted for the site.

The stage is set for classic battle over whether growth will be seriously managed in Hillsborough. Pubic hearings on the plan update will be held next month.

Regulating growth creates a paradox. If you approach the problem from the viewpoint of a homebuilder or new home buyer, you'll want lax rules that allow the lowest-priced houses regardless of long-term costs. If you're a taxpaying homeowner, you'll want efficient development that improves your community life, not degrades it with overcrowded schools and traffic jams. Both views are logical and yet not entirely compatible.

Commissioners must decide if Hillsborough is to grow efficiently at a higher initial cost or whether it continues its low-cost growth at a higher public price.

Many issues will arise in this debate.

Building codes and utilities may not allow higher densities in some of the designated high-density areas. The maps will need some adjustments and the county's codes and fees need to change so that infill projects are easier to win approval and more affordable to build.

Some areas, such as Highway 60 in Brandon , are planned for higher densities because they are near designated transit corridors. Developers complain that the county's bus system is inadequate and that high-capacity rail has not yet been approved, and might not be.

But unless the county begins focusing growth, transit will never be able to serve suburban areas efficiently.

Hillsborough still has plenty of room to grow. About 51,000 more housing units are approved just for the southern part of the county.

The new plan is much more than lines on a map. It pushes the county toward long overdue investments in transit, requires it to focus resources on where most people are going to live, and to pay attention to what voters say they want the region to look like 20 years from now.

Land Developments Commissioners Warned: 'We're Going To Need Some Help'

By GARY PINNELL
gpinnell@highlandstoday.com


SEBRING - Twenty percent of Highlands County — currently undeveloped farm land — could become sites for new cities in one fell swoop.

The possibility is real, county commissioners and staff were reminded Tuesday, and they may need help dealing with two land developments that comprise more than 200 of Highlands County ’s 1,028 square miles.

On Dec. 5, representatives for the Lykes Brothers farm in Basinger and Blue Head Ranch south of Lake Placid, each about 100 square miles, met jointly with the board of county commissioners, the planning and zoning board and Natural Resources Advisory Committee, and announced they may apply to the Rural Land Stewardship Program.

“They have indicated they are going to turn in applications by the end of this month,” said Janice McCarthy, a Highlands County planner. Planners have toured both ranches, led by WilsonMiller Inc., a Naples consulting company.

Land Stewardship

When a landowner applies for the Rural Land Stewardship Program, the landowner can develop portions of the property, if environmentally sensitive lands are preserved.

Highlands County Administrator Carl Cool, Development Services Director Jim Polatty, and McCarthy met with St. Lucie County commissioners and staff about Adams Ranch, a 60,000 acre parcel in St. Lucie County which has also joined the stewardship project, under the tutelage of WilsonMiller.

“They think they have preserved that ranch,” Cool told the commissioners. “What they really did was approve A-2 zoning.” And that allows row cropping and sod farming, Cool said.

What St. Lucie residents wanted to preserve was Adams Ranch’s oak hammocks. Instead, he suggested, the landowners “will be able to clear it from fence line to fence line.”

In Collier County , Ave Maria is a planned community under development near Naples . This year, the town is expected to have a population of 3,000 residents and 5,000 university students.

As the commissioners and staff began dealing with the giant corporations that wanted to develop the St. Lucie County land, “They felt outmanned real quickly,” Cool said. And St. Lucie County has an entire environmental service staff, which Highlands County doesn’t have.

Eventually, the county hired an expert, but they confessed to Cool and the others from Highlands County , it was too little, too late, Cool said.

“It’s still confusing to the staff and the commissioners,” Cool said.

“We’re going to need some help,” Cool warned, and the commissioners nodded, although they took no action on the informational item.

The developers will be trying to beat a November 2008 deadline, Cool said. That’s when the state could vote on the Hometown Democracy constitutional amendment on the ballot.

“This will affect the county forever,” Commissioner Guy Maxcy agreed. “Some big decisions have to be made. We do need to prepare ourselves and get some experts on board.”

Commissioner Barbara Stewart suggested that since the commissioners will be going to a convention other other county commissioners, they should take the opportunity to ask questions of the St. Lucie and Collier County commissioners, where the future town of Ave Maria in Collier County may be developed.

Other Business

Ray Royce said the Lake Placid Growth Management Committee has met about 40 times since June 2005, and plan to wrap up soon and write a 25-page final report.

Robert Tracy Gould spoke to the commissioners about the resignation of Gary Lower from the county planning department. Cool was assigned to talk to Gould about personnel matters, and County Attorney Ross McBeth was asked by Maxcy to discuss alleged illegalities.

Developers file papers this week for two large subdivisions

By JEFF ADELSON

Sun staff writer

Developers behind two projects which would bring more than 2,000 homes to some of the northern-most areas of Gainesville filed plans with the city's Community Development Department Monday.

The two projects are unrelated and remain unnamed.

A "Haile Plantation-style" subdivision proposed by Jacksonville-based LandMar Group would put about 1,000 homes on nearly 1,900 acres near State Road 121 between the road's intersection with U.S. 441 and County Road 231.

The second project, proposed by a New York-based developer, would surround Gainesville 's Ironwood Golf Course with up to 1,200 homes in a community designed for retirees wanting an active lifestyle and the benefits of a college town.

Both projects, which require large-scale amendments to Gainesville 's comprehensive plan, could be ready for review by the City Plan Board by May.

The developers behind both projects have said they do not expect their projects to have to apply to the state Department of Community Affairs as a Development of Regional Impact.

Follow these and other developments in The Gainesville Sun and online at gainesville.com.

Developments under 1,000 threshold avoid a costly process

By CINDY SWIRKO

Sun staff writer

Large residential developments that have become the norm in South Florida are edging ever more northward into Alachua County and with them a tactic that represents business savvy for the builder but planning difficulties for government.

The tactic: building 999 homes or 995 or 990 - big numbers that nonetheless stay under 1,000 to avoid having to go through the development of regional impact, or DRI, process.

It saves the developer money. But it eliminates multi-jurisdictional planning and review that ultimately could save taxpayers money for new roads, schools, environmental safeguards and other government services.

"Developers at the table will jokingly smile and know that they kept it under the threshold. That keeps them from having to go through a full analysis of the impacts," County Manager Randall Reid said. "In the last three or four years, it's obvious the growth here is transplants from South Florida . It's called traveling the spine. We're the spine of Florida - the high ground in the middle of the state. We're starting to see more of these big developments."

Several large projects have already been approved or are under consideration.

Oakmont on Parker Road was given the go-ahead by the Alachua County Commission in 2005 for 998 homes.

The Newberry City Commission in 2006 approved a subdivision with 999 residences in a mix of single-family homes, townhomes and apartments.

A 940-home development is proposed for the city of Alachua bordering San Felasco Hammock Preserve State Park.

The Jacksonville-based LandMar Group is planning a mixed-use development with just under 1,000 homes on State Road 121 north of Gainesville .

The latest is a proposal to build more than 1,000 homes in northeast Gainesville near Ironwood Golf Course. It's over the DRI threshold, but the developer is asking to get a binding letter from the state saying it is not a DRI.

A DRI is a state designation for a development that is so large it affects traffic, services such as police and fire protection, the environment and other factors beyond its immediate site - hence a development of regional impact.

Sub-DRI developments must get approval from the primary government - either the county commission or city commission. The state will review the project if a comprehensive plan amendment is needed. DRIs are scrutinized more broadly and intensely. The cities and county can all have a role in the planning process. The North Central Florida Regional Planning Council coordinates city and county reviews and does its own review. Various state agencies such as the departments of Transportation and Community Affairs review and comment on the plans.

Thresholds vary depending on the population of a county. Projects that are slightly above the threshold can apply to the state for a DRI waiver if developers can prove it will not have a regional impact, said Community Affairs spokesman Jon Peck. The state can find a DRI to be not in compliance with state laws. If it is still approved by the local government, the state can appeal to the governor and Cabinet.

DRIs are more expensive for developers because they must hire more consultants, attorneys and other professionals to get through the process.

Gainesville attorney Ron Carpenter, who specializes in land-use matters and is working with the Ironwood developers, said the DRI process is costly. "The number I have heard - and I don't quiz clients on what other people charge - is that it is almost impossible to do a DRI for less than $1 million," Carpenter said. "You are looking at something being evaluated by about 23 agencies."

Planning Council Executive Director Scott Koons said it charges a fee of up to $75,000 for DRI reviews.

Developers also could face higher costs to mitigate their impacts - improving roads or providing land for a new school, for instance - with a DRI than through the standard process.

Sub-DRIs also curtail joint planning among various governments that can be impacted by the project, Koons said.

"Several years ago the reports showed that of all the development in the state of Florida , less than 5 percent of it was captured in the DRI process," Koons said. "There has been a lot of discussion about the incremental impact of all these small and medium-sized projects and how, when you add them all together, they can have the same or even greater impact than one large development coming in."

Representatives of Oakmont and San Trust could not be reached for comment.Avery Roberts, who is developing the Alachua project, said it is under the threshold because the land could not accommodate more residences.

But Roberts added that the DRI process is more costly than running a project through as a non-DRI.

"We are at 940 units and we just felt that was a good number for that property. It fairly utilizes that property. I don't know that we could have fit a whole lot more on there and get the protection we wanted for some sensitive areas," Roberts said. "There are a lot of costs involved with the DRI - lawyers, consultants."

Ironwood project developer Rob Simensky of East Gainesville Development Partners said he does not believe the project will have a regional impact, so he is requesting a letter from the state exempting the project from the DRI process.

Simensky added that by the time the project is completed within 10 years, the county's population will have reached a point where the DRI threshold will be 2,000 residences.

"Our development is not a development of regional impact," he said. "It is a local development inside the community and we are going through the appropriate process to get it approved." Alison Cox, president of the Builders Association of North Central Florida, said she believes more big developments by outside companies will be coming because regulations at the county and state levels are making it more costly for locals.

The larger companies have the money to get through the regulatory process. When it comes to DRIs, they sometimes may try to cut costs by doing a project that is big but just under the threshold, she added.

"It is extremely expensive now just going through the process. It is very hard for a small developer to carry all of the costs during the time that it takes to get anything constructed. The little guy can't go out and make it a financially feasible project," said Cox, who works for Brice Business Group. "With DRIs, a developer doesn't take a project that is not financially feasible. It doesn't matter if it's 10 units or 1,000 units, all of the numbers are going to be looked at. Sometimes it makes more sense to stay under it. That's just looking at the economics of it."

Cox added that Alachua County could lose some of its character as more development is done here by large outside builders. She said they tend toward cookie-cutter projects with just a couple of designs.

Alachua County may change some of its procedures to address potential shortcomings in traffic impact from sub-DRI growth.

The county requires studies for new development to learn how much traffic it will create. The study is needed to ensure concurrency - the state mandate that road capacity exist when a project comes on line.

Currently, developers are subject to concurrency if the trips the project will put on the road are at least 5 percent of the road's capacity, said county Growth Management Director Rick Drummond.

When concurrency capacity does not exist, the county can ask developers to pay for road upgrades.

Now, the county is considering lowering that to less than 5 percent.

"One of the things we are realizing is that if we are only accounting for the 5 percent, who is accounting for the less than 5 percent?" Drummond said. "After a while, those things add up."

Koons and others said developers with projects just under the DRI thresholds are a common practice downstate.

And they believe Alachua County is due for more of them as growth continues here.

"It's a trend we've already started experiencing. North Central Florida has been discovered in the past few years by the development community," Koons said.

Issues such as hurricanes and limited capacity for new roads that are hampering development along the coast are "creating much greater interest in our area. With the larger projects, it is an approach folks will take to avoid more extensive review if they can move forward under the threshold."

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

County backs annexation, votes to delay road decision

By Hector Florin

Palm Beach Post Staff Writer

Wednesday, March 14, 2007

WEST PALM BEACH — County commissioners on Tuesday reiterated their support for a legislative bill that proposes moving 1,949 acres west of Boca Raton into Broward County , while making a separate decision to push for the elimination of two long-planned road extensions from Broward into Palm Beach County .

Commissioners voted to make the road eliminations contingent on the land's annexation into Broward, raising questions about the timing of the two measures.

Legislators will consider the annexation bill this spring, well before commissioners cast a final vote on the road removals in the summer.

There is concern that state agencies will balk at the road removals because the extensions have been planned for years, and because the size of the proposed development on the land at issue - at least 2,800 homes - may require the construction of the roads.

"What I'm hearing up there (in Tallahassee ) is you can't have this kind of development and take the roads off the system," Commissioner Karen Marcus said. She proposed, without a majority of support from the other commissioners, to deal with the road removals now and the annexation next year.

Commissioners last month voted to fold the road removals into the annexation bill, but that provision was never included in the House and Senate bills.

State Rep. Adam Hasner, R-Delray Beach , who is the House bill's sponsor, said Monday that eliminating the University Drive and Riverside Drive extensions should be a local decision, not a state act, and not part of the bill.

The property's triangle shape and location, south of the Hillsboro Canal and Lox Road , requires a drive into Broward to access it.

County officials have said providing services to the property would be difficult and costly.

Also, residents of several suburban Boca Raton communities have long opposed the road extensions for fear of the traffic if it would bring.

Martin Perry, an attorney representing western Boca Raton communities, said if one measure passes and the other doesn't, "then there is a major problem."

Commissioners will cast the first vote on the road removals through a comprehensive plan amendment on April 18, with a final vote in either July or August. The state departments of Community Affairs and Transportation will offer comments after the first vote, and the state has a final say after the second vote.

The northwest Broward city of Parkland has approved a resolution supporting the annexation, with the premise that the city would take in 1,436 of the 1,949 acres and the rest of the land at a later date.

Parkland commissioners have also endorsed the proposed development changes on the land to two housing units per acre, up from the present designation of one unit per 10 acres.

The neighboring city of Coral Springs , while supporting the annexation, doesn't want to see the University Drive extension go away because of the traffic the proposed development would bring, as well as other projects under consideration in northern Broward County .

"We all realize we have to monitor this on a very close basis," County Commissioner Burt Aaronson said. "The people out there don't want the roads at all."

Developer offers deal it says would preserve Mecca Farms

Under the plan, property owners in the area - including Callery-Judge Groves, GL Homes and Lion Country Safari - would join EB Developers in creating a new taxing district that would buy Mecca Farms, said John Markey, chief operating officer for EB Developers, which owns nearly 1,300 acres in western Palm Beach County . The money would also help pay for roads and transit in the area, he said.

"It's a plan that would use future development to pay for the public benefit through bond issuances," Markey said. He declined to discuss the proposal in detail Tuesday, saying he wanted to meet with all of the commissioners first.

Commissioners discussed the proposal during their meeting Tuesday, before unanimously voting to start the process of reverting Mecca Farms back to a land-use designation that permits just one home for every 10 acres. The move, which the commission will discuss again next month, would strip Mecca Farms of approvals that would have allowed Scripps and the biotech campus planned around it to rise on the property.

A judge's order forced county officials to stop work on the Scripps project at Mecca Farms. Five months later, commissioners voted to move the project to northern Palm Beach County .

The county is now trying to recoup the more than $120 million it pumped into Mecca Farms, including $60 million to buy it.

County officials recommended this week that the commission revert the property to its old land-use classification mainly to end a legal challenge mounted by several groups that fought to block Scripps from being built at Mecca Farms.

Commissioner Mary McCarty asked her counterparts to delay a decision on the land-use change after Markey approached her to discuss the proposal during the commission's lunch break. She said she feared the change would make the property less valuable and make it impossible for Markey's proposal to work.

"I'm not asking that we not do this, I'm asking that we not do this today," McCarty said. "I just don't want to say afterward, 'Oh my God, we screwed up by not thinking of all the issues related to this.''"

But County Administrator Bob Weisman and other county officials maintained that the land-use change would not affect the value of Mecca or Markey's proposal.

"Whatever we go on to do, whether it's Mr. Markey's plan or whatever, is going to have to start off at ground zero again and build up from there," Weisman said.

Commissioner Burt Aaronson, who has already met with the developer, said he was told the county could net as much as $175 million from the deal. He said that the plan "deserves a hearing."

"I think it's worth exploration," Aaronson said. "If it does have merit, the way it was presented, I think the environmental community, I think maybe we could all end up in partnership on something like this."

But Commissioner Jess Santamaria said he is skeptical. After discussing the proposal with EB representatives for about a half hour, Santamaria said he still doesn't fully understand it. He worries that if a special taxing district is created, taxpayers will ultimately pay twice for Mecca .

"My opinion is that the gimmick or tool they are using is going to enhance the development of EB," Santamaria said. "We bought it with tax money and we are going to pay for it with tax money again."

Markey's plan is the second proposal the county has received for the site. Last month, a three-person development team submitted a formal bid to build an amusement park on the land.

Water restrictions expected this week

Get used to the color brown: Lawns may dry up as regional water managers prepare to impose restrictions on use.

By CURTIS MORGAN, ANI MARTINEZ AND LOGAN JAFFE

cmorgan@MiamiHerald.com

For the first time since 2001, South Florida homeowners and businesses will soon be under orders to use less water.

With the region in a deepening drought and the big water bucket known as Lake Okeechobee receding daily, water managers on Thursday expect to impose mandatory restrictions intended to cut water use by at least 15 percent in Miami-Dade, Broward, Monroe and Palm Beach counties -- and double that for sugar growers and rural towns around the lake.

For residents, it will mean reduced water pressure and less-lush landscaping because of a three-day-a-week limit on lawn sprinkling, which accounts for half of suburban water demand. In the past, repeat violators have been slapped with fines of up to $500.

Mary Tafoya, who manages an estate on posh Hibiscus Island near Miami Beach , said she would consider less colorful but less thirsty plantings.

''We probably only water twice a week anyway, but maybe I'd take out some impatiens and put in more plants from the cactus family,'' she said.

Nurseries, farmers, golf courses, car washes, industries and commercial users also will face an array of reductions -- both mandatory and voluntary -- and some worry cutbacks could also cut profits.

''If we can water sod and new plants at least four times a week, it won't really hurt us. But if it's twice a week, then I would tell you we have a problem,'' said Duval Rodriguez, who owns R & R Garden Center in Southwest Ranches.

DROUGHT

Since last fall, much of the region has suffered a near-record dry spell. Though rainfall has been closer to normal in Miami-Dade and Broward, the last few weeks have been extremely dry, and the two months ahead are traditionally the driest of the year.

That has helped push water levels in the 730-square-mile Lake Okeechobee , the primary source of water for nearby farmers and towns and the backup supply for coastal suburbia, so low that the district last week started installing pumps to draw water that gravity normally spills down canals.

''You can see the situation we're in,'' said district spokesman Randy Smith. ``You can look at the rainfall totals we've had, the water levels. There are hints we may be coming into a La Niña period.''

That weather phenomena, marked by cooler Pacific Ocean temperatures, can produce drier-than-normal conditions across the Southeast.

While the district's governing board must approve the restrictions, water managers have already scheduled a news conference to discuss details on Thursday.

''I think it's pretty safe to say it's a done deal,'' said Nicolas Gutiérrez, a Miami lawyer and governing board member. The urban counties were already under a warning urging voluntary cuts.

The restrictions were still being ''tweaked'' on Tuesday, Smith said, but final rules should be posted on the district website sometime Thursday. In addition to sprinkling restrictions, utilities are typically asked to reduce water pressure -- but not to unsafe levels.

The district, which manages the water supply in 16 counties stretching from south of Orlando to the Florida Keys , can impose a range of restrictions. In a ''moderate'' water shortage, the goal is 15 percent, but in a severe shortage, 60 percent cutbacks are possible, with serious effects on residential and business use.

When water conservation measures were enacted for nearly a year from late 2000 to 2001, golf courses, landscapers, pool builders and other water-using industries warned of billions of dollars in lost jobs and business, prompting the district to overhaul the restrictions.

While the sugar industry and other growers in the Everglades Agriculture Area are already reporting crop damage and will be hit with a significant 30 percent cutback, farmers and nursery operators in Miami-Dade and Broward say they can live with 15 percent less.

Katie Edwards, executive director of the Dade County Farm Bureau, said vegetable growers have largely wrapped up a poor season plagued by pests and diseases produced by unseasonable heat.

But most growers and nurseries have already upgraded to more efficient irrigation systems and routines, she said. ``We really are ahead of the game. We've been doing our part regardless of the restrictions and warnings.''

Roger Brooks is also ready to roll with looming restrictions at his Four B's Nurseries in Parkland and Delray Beach . He designed both with systems that can reuse water that falls off the flower beds and feed large plants with low-volume ''drip'' irrigation.

''Our system is very conservative,'' Brooks said. ``If the restrictions are mandatory, we would have to fill our transportable tanks and hand water all of the plants.''

HARMFUL PRACTICES

Some environmentalists say district and federal water managers have exacerbated the shortage by mismanaging the lake, aggressively dumping water after hurricanes left it brimming with polluted runoff -- a practice that devastated water quality and marine life in the St. Lucie and Caloosahatchee rivers.

Jamie Furgang, senior Everglades associate for Audubon of Florida, said she supported the mandatory cuts but thought they could have come earlier. She called the move another ''wake-up call'' to growing counties that the water supply isn't bottomless.

''This is getting the users of water to start recognizing that we can't continually drain the natural system,'' she said.

County drops Brooker Creek pumping plan

The plan to use the preserve to water golf courses is dropped.

By THERESA BLACKWELL
Published March 14, 2007

Pinellas County has dropped a controversial plan to pump water from the Brooker Creek Preserve to irrigate two neighboring private golf courses.

Saying on Tuesday that the project wasn't worth the acrimony it had generated, County Administrator Steve Spratt said officials will pull their application to reactivate the wells.

"This is it," Spratt said. "I intend to withdraw it."

Opponents were elated.

"I'm very glad he made the decision," said Matthew Poling, 16, the former senior executive of the Friends of Brooker Creek Preserve. "I don't think that pumping water from a nature preserve to a golf course is a good idea."

Public opposition to the proposal began after Poling and his father, Steve, discovered a portable pump on one of the wells in the fall of 2005.

As originally proposed, the county wanted to pump an annual average rate of 415,000 gallons of water a day - or up to 1,008,000 gallons on any one day - from the Floridan Aquifer beneath the preserve during the dry season.

They later reduced the requested average to 284,256 gallons per day, but the proposed peak remained at 1,008,000 gallons per day.

The effect on the preserve, they said, would be negligible.

But in the 10 months since the Times first reported the plan, the Friends of Brooker Creek Preserve, the Sierra Club and the St. Petersburg Audubon Society sharply criticized the proposal. They feared pumping could adversely affect wetlands, uplands, plants and wildlife.

Wells send wrong message

In December, an advisory group called the Environmental Science Forum voted 9-4 to recommend against reopening three old wells in the preserve to provide water for East Lake Woodlands golf courses during the dry season.

Pinellas County Utilities officials had said pumping from the wells would leave more reclaimed water for homeowners.

But after the Southwest Florida Water Management District returned the county's permit application recently, asking for more information, Pinellas County Utilities Director Pick Talley was ready to give up, too.

"It was just another program to increase our conservation effort," he said. Most members of the science forum, a group Spratt created to give advice on environmental policy questions, said allowing the pumping would send the wrong message as water conservation becomes more and more critical.

Spratt told commissioners of his decision during their meeting Tuesday morning.

After he finished reading from a three-page memo outlining the decision, commissioners Karen Seel, Bob Stewart and Ken Welch said they supported his decision, and others present offered no opposition. Commissioners Susan Latvala and Ronnie Duncan were not at the meeting.

At times, the controversy over the pumping plan had led environmental advocates to make stinging charges against Spratt, and Welch took a moment to praise the administrator Tuesday.

"I just want to commend you on your conduct during these debates," Welch said.

Questions still remain

Later, Spratt said, commissioners still need to address broader policy questions about water production and use in the preserve, considering that the utilities department bought the land for wellfields.

Commissioners are scheduled to consider the issue in a workshop Thursday on policy toward the Brooker Creek Preserve.

Talley agreed.

"The board needs to consider whether there is going to be any policy set that we can or cannot use water from the preserve for off-site purposes," he said.

"As far as I'm concerned, all land in the Brooker Creek Preserve is the same - regardless of who bought it - and it should all be preserved," Poling said.

Environmental advocate Lorraine Margeson of St. Petersburg says a charter amendment could help prevent sagas like the pumping initiative.

"It's one little win in a big heck of a mess," she said. "The only way to completely satisfy the tax-paying citizens is to legally and forever preserve the preserve."

Times staff writer Will Van Sant contributed to this report. Theresa Blackwell can be reached at tblackwell@sptimes.com or 727 445-4170.

If you go

Workshop set

A County Commission workshop on issues and policies in the Brooker Creek Preserve will be from 9:30 a.m. to 4 p.m. Thursday in the Commission Assembly Room on the fifth floor of the County Courthouse, 315 Court St., Clearwater. County staff members will first present a detailed summary of actions related to the preserve. Then commissioners will have some discussion before the public speaks, most likely in the afternoon.

Two additional work sessions are planned in April and May.

Cabinet Approves Land Swap for Home

Photos of rare birds and mating manatees weren't enough to stop Gov. Charlie Crist and the Florida Cabinet from agreeing to a land swap that could allow a new home to be built in ritzy Longboat Key.

The unanimous decision from Crist and the Cabinet ends a four-year effort by the William C. Saba family to retain full ownership of submerged lands near three small lots they own in Manatee County .

Their contention was that the state's decision to dredge the part of Longboat Key and to erect seawalls nearby led to the erosion of their land and put it underwater.

Submerged lands are generally considered state property. A 12th circuit judge ruled in 2005 that the state owned the land and the Saba family appealed.

But Department of Environmental Protection Secretary Mike Sole said Tuesday that the agency agreed that the land belonged to the family and had offered, pending Cabinet approval, a swap.
Board OKs grant search

By TERRY WITT

A year after they first discussed establishing a public land acquisition program, Citrus County commissioners Tuesday took the first step toward making it happen.

Commissioners instructed their staff to work with The Trust for Public Land , a private land conservation group, about preparing a grant application to purchase conservation or recreational land in Citrus County .

The grant must be filed by May with the Florida Communities Trust (FCT), a grant program that has awarded $500 million for conservation projects all over the state.

If the grant were funded, it could lead to creation of a new park or preservation of a historically significant parcel of land, or a historically significant building.

Development Services Director Gary Maidhof said he had a couple of projects in mind, but he would have to run them past TPL officials to find out if they would work.

TPL is a leading member of the Florida Forever Coalition, which exists to advocate the reauthorization and expansion of Florida Forever, the state’s land acquisition program.

Other members of the coalition are Audubon of Florida, Nature Conservancy, 1,000 Friends of Florida, Florida Recreation and Park Association, Florida Wildlife Federation, Everglades Trust, Alliance of Florida Land Trusts, and 10 other statewide and regional conservation and community organizations.

Commissioners were wary of committing to any grant project that might involve a requirement for the county to provide matching funds. Ken Reecy, community program management for the Florida Communities Trust, said a match of at least 25 percent from county government would be needed, and he said the more the county contributed, the higher its score.

However, Maidhof said the county might be able use land for the grant match in lieu of dollars in some instances. He also said the cities of Inverness and Crystal River are not required to provide matching funds, so the county could potentially work with the municipalities.

Maidhof was instructed to work with TPL to choose a project that would be competitive. He said both he and planner Sue Farnsworth have experience writing these types of grants, although their regular jobs occupy most of their workday.

However, Maidhof said he believes the county can come up with a project that ranks high.

“I’m very comfortable we can get in the upper third, at least,” he said.

Tomoka Farms Road land eyed for conservation

By DINAH VOYLES PULVER
Staff Writer

Regional water managers agreed Tuesday to help add another 657 acres to a proposed corridor of undeveloped, conservation land through the center of Volusia and Flagler counties.

The St. Johns River Water Management District's governing board agreed to split the $8 million cost of buying the land with Volusia County . The County Council is scheduled to consider the proposal Thursday.

The property is on the western side of Tomoka Farms Road, north of Pioneer Trail. It joins other conservation land to the south and west that is jointly owned by the county and Port Orange .

The council is expected to approve the acquisition, because it previously agreed to give the property a higher priority on its land acquisition wish list.

"We're thrilled at this partnership," said Doug Weaver, who heads up land management and acquisition for the county. The Volusia Forever program has had a "longtime interest" in buying the land, Weaver said.

The tract, owned by the Joseph Krol family, is not inside the technical boundaries of the 80,000 acre-Volusia/Flagler Conservation Corridor, but will become part of the corridor because it borders it to the east.

Home foreclosures in S. Florida on the rise

BY MONICA HATCHER

With South Florida 's real estate market in slowdown mode, the number of homeowners missing loan payments and entering foreclosure is picking up.

The number of borrowers in Florida who were past due on their mortgages ticked up to 4.86 percent in the last three months of 2006, according to new data from the Mortgage Bankers Association.

And more borrowers are facing the possibility of losing their homes. Foreclosure actions filed against homeowners nearly tripled in Miami-Dade and Broward counties in January and February, compared to the same two months last year, reports the clerks of court.

The defaults suggest mortgage debt is a growing burden on the economy, leaving some homeowners struggling to make ends meet. The result could be that homebuyers find it harder to get loans in the future as banks tighten lending standards.

Also, foreclosed houses might end up back on a market that already has too many homes for sale, dragging down prices. And cash-strapped homeowners could reduce other kinds of spending, such as retail sales.

Per Gunnar Berglund, a senior economist with Moody's Economy.com, said Florida is in much better shape to withstand possible foreclosure fallout than other parts of the country.

''The Florida economy has been so strong -- people have jobs. And as long as you hold on to a job that is reasonably well-paying, you're going to be in position to service your debt,'' Berglund said.

While rising delinquencies and foreclosures still represent a fraction of total households in the region. And Florida 's delinquency rates are slightly better than the national average.

However, the pace is quickening. Florida was third in the country among states with the largest percentage increase in homeowners missing loan payments in the fourth quarter, according to the study released Tuesday by the Mortgage Bankers Association.

Florida is particularly vulnerable to the risks of so-called subprime loans, which go to borrowers with lesser credit. After California , the state has the second-highest percentage of borrowers with subprime loans, generally recognized as having the greatest risk of default.

In the mortgage bankers' quarterly report, the delinquency rate for subprime loans in Florida was 12.52 percent compared to 11.14 percent last year.

In Miami-Dade and Broward counties, 23 percent and 18 percent of all loans are subprime, respectively; of those, about 6.7 percent are more than 60 days overdue, according to data from mortgage research firm First American Loan Performance.

Subprime loans typically carry interest rates 4 to 6 percent higher than loans issued to people with good credit. They include adjustable rate mortgages that offer low teaser rates and ''no doc'' loans, which require no proof of a borrowers' assets or income.

Consumer advocates have criticized the loans as exploitative, claiming lenders relaxed standards and granted the mortgages despite the increased chances borrowers couldn't pay. But during the real estate boom, a combination of low interest rates and rapidly rising home values made offering these mortgages a seemingly safe bet.

And investors, who buy pools of mortgages on the secondary market, were hungry for the high yields that came with riskier products, making more funds available to write new loans. In the wake of rising defaults, however, those investors are now cutting off their support, leading to a sudden rise in the price of subprime credit.

Mike Fratantoni, senior economist with the Mortgage Bankers Association, said the tightening standards will likely push other would-be subprime buyers out of the market -- just as prices are becoming more affordable.

''You might expect that to have more of an impact in the starter home market,'' Fratantoni said. ``In some markets, like South Florida , that could mean fewer buyers for condos or town houses.''

Meanwhile, the increase in defaults is sending business soaring for professionals involved in the foreclosure business.

Alan Rosenthal, who supervises the mortgage litigation practice at Coral Gables-based Adorno & Yoss, said the firm was seeing a ''huge spike'' in foreclosure cases initiated by lenders.

''I don't believe we have seen the full impact of these what I call junk loans -- the negative amortization loans and all these other weird loans. They are too new,'' he said. And real estate professionals are gearing up for what could be the start of a surge of homeowners desperate to sell.

''We're seeing more and more foreclosed homes in our listing inventory,'' said Richard Barkett, CEO of the 11,000-member Realtor Association of Greater Fort Lauderdale.

The association is conducting classes to educate its members on the foreclosure process which are proving popular.

''In the one we had recently, it was standing room only,'' Barkett said.

Study: 121,000 Students By 2015

By Julia Crouse
The Ledger

 

BARTOW - If Polk County 's school system seems crowded now, just wait until 2015, when the district expects nearly 121,000 students.

A new report predicts that Polk's student numbers will increase by 34.9 percent in the next eight years, adding an additional 18,415 students.

"Clearly, we're going to continue being in the construction business," said Bob Williams, the district's assistant superintendent of facilities and operations.

The projections, compiled by Maryland-based consultants The Grier Partnership, base the student swell on central Florida 's thriving economy, housing permits, low unemployment rates and population growth, especially among Hispanics.

The Grier Partnership last did an enrollment projection for Polk in 2002. It projected that in the fall of 2006, Polk would have 89,250 students in kindergarten through 12th grade.

The actual enrollment was 88,473, a difference of 777, or 0.9 percent.

Superintendent Gail McKinzie said the previous accuracy indicates the latest projection will probably hit the mark with the 35 percent growth over the next eight years, barring a drastic dip in Florida 's economy.

The additional students will attend class in new classroom additions, new schools and portables, Williams said.

"We have plans built in to handle that kind of growth," he said. "Whether we'll be able to fund everything is questionable."

McKinzie said the toughest part about planning for the growth is making sure Polk keeps in compliance with the class size amendment, which limits the number of students in elementary, middle and high school classrooms.

She said parents should get used to the idea that their children will be regularly rezoned to new schools to accommodate growth.

"Rezoning is going to be more of a fact of life than it has been," she said.

The Grier report says that Polk's student enrollment will surpass 100,000 students by the fall of 2010.

Over the past five years, Polk's school enrollment, including pre-kindergarten, has increased by 9,770 students, or 12.2 percent.

Polk has seen the most growth in its student numbers in the past couple of years, when it increased by 5.5 percent from 2004 to 88,683 students in 2005. Numbers increased another 3.2 percent to 91,494 on the 60th day of this school year.

Between 1999 and 2004, percentage growth ranged from 1.5 percent to 2.2 percent.

The enrollment leap of 2005 caught school officials by surprise.

This school year, administrators were prepared for the students and continue to expect significant growth at a time when many Florida school districts have seen student growth slow.

The Grier report suggests revisiting the data in the next six months to see if housing permits and construction activity continues to drop off.

Julia Crouse can be reached at julia.crouse@theledger.com or 863-802-7536.

As Polk Grows, So Does Wildfire Damage Risk

By Bill Bair
The Ledger

LAKE WALES - While a 200-acre wildfire earlier this month was small compared to some other fires Polk County has experienced, it was the most destructive in county history in terms of homes lost, according to a longtime firefighter and Florida Division of Forestry official.

Seven mobile homes - five occupied and two unoccupied - were destroyed in the fire east of Lake Wales