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 on March 2.

"No one remembers losing more than we lost out there," said Polk County Fire Chief David Cash, who first joined Polk County as a firefighter in 1976.

The cause of the fire has not been determined. "There's still a lot of interviewing going on," said Gary Zipprer, district manager in the Florida Division of Forestry's Lakeland office. "It will probably be next week before we have answers."

Zipprer said he could recall only one fire that destroyed two houses, but he could not recall details.

Some of the homeowners in the area struck by the fire have suggested the cause could have been a controlled burn Feb. 28 in The Nature Conservancy's adjacent Tiger Creek Preserve, where the fire appeared to originate.

Zipprer said the investigation will determine that and the results will be made public.

In 2001, the last severe wildfire season, 217 fires charred 26,440 acres in Polk County , but not a single home was lost. A fire that charred thousands of acres in the Green Swamp and closed Interstate 4 for a week that year destroyed one barn and melted the siding on a few houses, but no homes burned.

The county's worst recorded fire season was in 1981, when 711 fires burned 49,290 acres, but again no homes were destroyed.

A single wildfire that year charred more than 60,000 acres in the Green Swamp. At the time, officials cut fire lines and let it burn. There were no homes in the area to protect.

That has changed.

"It's a different world," Zipprer said.

Officials fear fires such as the March 2 blaze could become more common as people continue to move into the palmettos.

"The sad thing is that this could happen in numerous subdivisions all over Polk County," Zipprer said of the fire east of Lake Wales. "You can only keep fires out for so long. People want an outdoor atmosphere, but there is a price to pay."

The Florida Division of Forestry calls the danger zone the "Wildfire/Urban Interface" and estimates that a third of the state's population now live in areas that are less developed and more susceptible to fire.

In Florida, which has more lightning strikes than any other state, wildfires are historically a part of the natural scene.

But because of houses, wildfires can no longer be allowed to simply burn through an area, cleansing the forest floor of dead vegetation on a regular basis, as was historically the case in Florida.

Without those periodic controlled burns, the fuel loads grow.

So when fires occur, they are worse.

Add 25 mph winds to the mix, as was the case east of Lake Wales earlier this month, and firefighters are limited in what they can do.

"It was just the perfect storm," Zipprer said.

Zipprer said forestry officials are working to promote "firewise" communities, stressing the things homeowners can do in advance to protect themselves.

Many of the suggestions are basic, such as clearing a buffer zone around the house and removing plants such as palmettos, which secrete resinous oils and have waxy leaves, which burn easily.

Zipprer and Cash said residents should pay attention now.

Polk County is drying out. As of Tuesday, the county had had 4.28 inches of rain this year, .9 of an inch below the average 5.18 inches that fall in January and February alone.

"It's a long way to the (June) rainy season," Zipprer said.

Bill Bair can be reached at bill.bair@theledger.com or 863-676-7118.

County May Buy Land From Pinellas

By JULIA FERRANTE The Tampa Tribune

Published: Mar 14, 2007

GOWERS CORNER - For more than two decades, the 12,000-acre Crossbar Ranch well field in north-central Pasco County has been in the hands of Pinellas County, although the spoils are doled out by a regional authority providing drinking water to millions of people.

Now it appears Pinellas County officials are ready to put the property up for sale, and Pasco officials would like to preserve it.

Pasco County Administrator John Gallagher asked commissioners at a Tuesday meeting in Dade City to authorize a study of the land north of State Road 52 and east of U.S. 41 and options for buying it. The board unanimously approved the request, with Commissioner Pat Mulieri absent.

Gallagher said he informally has inquired about the land and that Pinellas officials have expressed interest in selling it to Pasco County. He suggested seeking a grant from The Nature Conservancy or another preservation group to help with the cost of the property, which is inhabited by wildlife and includes wetlands.

"They're more just interested in getting it off their books than being paid a lot of money," Gallagher said.

Commissioner Ted Schrader argued it is in Pasco's best interest to preserve the property.

"There's an endless amount of possibilities out there," Schrader said.

Commissioner Jack Mariano agreed that Pasco should seek to preserve the land.

Michele Baker, program administrator for county engineering services, said her department will conduct a comprehensive study of the land, which sits north of the 4-G Ranch. The land is near other areas the county has targeted for preservation.

Also Tuesday, commissioners approved a resolution expressing opposition to proposed legislation changing the rules for cable television franchises in Florida.

Senior Assistant County Attorney Jane Fagan said the new rules could jeopardize Pasco's agreements with Bright House Networks and Verizon. Those agreements are meant to ensure that residents receive service comparable to that of neighboring counties and that the county has government access channels.

The agreements with Bright House and Verizon are good for 10 years and include options to renew, Fagan said. The legislation could void those contracts and force the county to pay for the local channels and basic service - a potential cost of hundreds of thousands of dollars. The channels also may be in jeopardy because they regularly repeat content and therefore may be considered underutilized.

"I think it's unfair and clearly unconstitutional," County Attorney Robert Sumner said. "They ought to make these companies comply with franchise agreements until they are terminated."

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.

Rural Residents Bemoan Regional Beltway Plans

By JULIA FERRANTE The Tampa Tribune

Published: Mar 14, 2007

DADE CITY - Residents of rural northeast Pasco County say conceptual plans for a regional beltway would end their tranquil way of life.

Maps of a proposed beltway from Hernando County to Charlotte County show potential roads through Trilby and Blanton, two sparsely developed areas that have been set aside as rural protection areas in Pasco.

"Familiarity breeds acceptance," Richard Riley of Northeast Pasco Concerned Citizens told county commissioners at their meeting Tuesday in Dade City. "With hypothetical roads being published, it is only a matter of time before they become asphalt. Roads are a catalyst for development."

The maps are being circulated by state and local officials as alternatives for easing traffic on major interstates and highways. The state Department of Transportation is considering several options, including new rail systems, expanded highways and beltways.

Riley and his group spent years working with county officials to develop regulations for their part of the county, characterized by rolling hills, green pasture and pristine lakes. They now are concerned those efforts will be destroyed with roads they say are sure to usher in development.

Carol Cruz of Blanton, another member of the group, told commissioners a beltway would "invade the privacy on our protected area."

"These roads belong in large, developed areas - heavily congested areas," she said. "Why not improve what you've already got?"

Bob Clifford of the state Department of Transportation said state officials are investigating all kinds of "intermodal transportation," including beltways. Major interstates through Pasco won't be able to handle the volume of traffic expected in the next 50 years, he said, and it is likely the state won't be able to build roads fast enough.

"The interstate system we have now will not continue to do what it does now in the future," Clifford said. "It will be overburdened. &hellip As we look at it in the future, nothing's off the table."

Studies show Interstate 75 would need 12 to 14 lanes by 2025 to handle expected traffic, Clifford said.

"We're never going to build 12 to 14 lanes on I-75. We're looking at what's the next interstate system. Those existing corridors are not going to serve us for the next 50 years."

Commissioner Ted Schrader said beltways do not fit in with regional goals.

"An outer beltway is nothing more than a loop around Pasco County," Schrader said. "It is not the intermodal system you're talking about. I think Hernando County is looking for an evacuation route."

Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.

Expressway offices fuel criticism

Jay Hamburg and Dan Tracy
Sentinel Staff Writers

March 13, 2007

With steel girders reaching more than 55 feet in the air, the new $24.3 million headquarters of the region's toll-road agency is taking shape next to the busiest stretch of State Road 408.

But while the Orlando-Orange County Expressway Authority sees the new 81,000-square-foot building with its three-story atrium as a symbol of progress and the future, motorists such as Kevin Mueller see it as evidence of the embattled agency's extravagance.

"It sticks out like a sore thumb -- like a castle on the hill," said Mueller, an Orlando software engineer who has watched construction progress as he slows to pay the 75-cent toll on his commute. "I don't know if they need it or not. I just thought it sends the wrong signal."

The new building is four times the size of the agency's current headquarters. And while it will be open to the public, it will be mostly office and meeting space for use by expressway employees and their contractors.

The building's size and cost, and the authority's decision to provide office space for its contractors, make the headquarters seem like a mistake to the authority's newest board member.

"If I were looking at this from a pure business decision, I wouldn't have done it," said Harvey Massey, who was appointed to the authority by Gov. Charlie Crist in February.

Old plans, new controversy

The building plans aren't new: The authority has been moving for years toward replacing its old, cramped headquarters, now tucked discreetly beneath S.R. 408 in downtown Orlando.

But location and timing have conspired to make the new building a tough sell for those who pay to drive on the region's toll roads.

The new headquarters, looming over the north side of S.R. 408 just east of Conway Road, is being built at a spot where it can't be missed by the 125,000 drivers who use the toll road every day.

And it's coming at a time when the authority, which could increase tolls this year, is still working to overcome a series of scandals and controversies that have seen its chairman resign amid an ongoing criminal investigation and financial audit.

The building, which should open during the spring of 2008, will be a money saver in the long run by allowing agency officials to consolidate operations and forgo paying rent for contractors the agency houses in leased space, said Executive Director Mike Snyder.

Snyder said the authority has outgrown its old headquarters after 35 years. The roughly 17,000-square-foot building cannot be expanded because it is hemmed in by the ongoing expansion of S.R. 408.

An authority description of the new building touts its style, noting its "articulated masses of precast concrete, brick and glass," the "clerestory glass at third floor lobbies" and the way in which expressway shapes are recalled "in the lighting feature and medallions."

But Snyder said of the new building, "It's not extravagant."

Massey disagrees. The Winter Park philanthropist and head of a large pest-control company contends the new headquarters is too big and too expensive.

Massey said new buildings can be constructed for $180 to $200 a square foot, not the $300 per square foot the authority is paying for the total project.

Fred Cosat, an Orlando construction-management consultant with 30 years of experience, said $225 is a fairly common price for new Class A office space, among the better private accommodations in the current Central Florida market.

Beyond the price, Massey questions why the authority wants to provide space for the contractors who work for the agency. "They ought to be responsible for their own housing," he said.

Snyder said the authority gets a break on the price it pays for the contractors -- more than 100 toll takers and E-Pass electronic toll administrators -- by taking care of the space. Putting them in the same building, Snyder said, will make the authority more efficient, too.

"It's much easier to go up and down the steps to get something done, to make decisions," Snyder said.

Size of building grew

Authority officials got serious about a new office in 2002, when Snyder was a board member. He became executive director in 2004 when his predecessor resigned.

The planned building's size and expense have grown steadily in the years since.

A study commissioned by the board and completed in May 2003 recommended a 35,000-square-foot building costing $8.1 million. The two-story structure would house as many as 150 of the toll-taking and E-pass contract employees.

The report also said board members could add on a 2,600-square-foot board-meeting room, plus another 15,600 square feet serving the 40 or so people in administration. Those changes, the study said, would bring the total cost to $11.3 million for more than 53,000 square feet of space. The building likely would be three stories at that size.

At the behest of the board, the building plans went from 35,000 square feet to 46,000 square feet to more than 80,000 square feet in less than a year, from August 2004 to July 2005. The extra space was added to accommodate some current contractors and to prepare for additional contract and expressway employees expected in the future.

Meanwhile, the fees paid to the engineering firm designing the building, longtime consultant PBS&J of Tampa, grew from more than $440,0000 to nearly $1.8 million.

Orange County Mayor Rich Crotty, who joined the board in 2001 and became the chairman earlier this year, said he thinks the building he voted for repeatedly is justifiable.

But he doesn't rule out any options in the future. "It's an age-old question: lease or buy," he said. "It's all worth talking about. I based my decision making on the available information. But if there is new information, that could change things."

Massey is leaning toward selling the building, then leasing it back, figuring it would be cheaper than trying to maintain it over the years.

"We are not in the real-estate business," Massey said. "We are in the highway-construction and highway-maintenance business."

The new building is going up as the toll-road agency tries to restore public confidence. It is under investigation by the Orange-Osceola State Attorney's Office and the Orange County comptroller. Both are looking into issues of record keeping and possible improper spending, including $107,500 that was paid to Advantage Consultants, which is run by toll critic Doug Guetzloe.

Mary Brooks, spokesman for the authority, noted that the cost of the new headquarters is just 2 percent of the five-year $1.2 billion work plan of the agency. Other projects in the work plan include maintenance, expansions, tollbooth updating and new interchanges to the 100-mile system.

"We believe that what matters most to our customers in the end is not the type of building housing this agency, but the quality, availability and ease with which they can travel the 100 miles of roads we provide to get them where they need to go," Brooks wrote in an e-mail to the Orlando Sentinel.

Jay Hamburg can be reached at 407-420-5673 or jhamburg at orlandosentinel.com. Dan Tracy can be reached at 407-420-5444 or dtracy@orlandosentinel.com.

Ocean Mall deal foiled as voters approve limits

Both amendments were placed on the ballot in response to residents' outrage at the city's December deal with Catalfumo.

Dawn Pardo, the Public Beach Coalition's chairwoman, said the group asked every Singer Island registered voter to vote in favor of the amendments.

The coalition also developed ties with old-guard black leaders to limit redevelopment on the city's public beach.

"They underestimated us from the beginning," Pardo said. "This is what happens when you (anger) 3,000 voters."

On Dec. 18, the city council voted 4-1 to allow the Palm Beach Gardens builder a 50-year lease on the land containing the Ocean Mall. Catalfumo's plans were to raze the 33-year-old mall and build a 28-story Marriott condo/hotel and 60,000 square feet of shops and restaurants.

Meanwhile, Catalfumo's attempts to work through mainland churches didn't go far enough to beat the coalition's efforts. Catalfumo said Tuesday night that he plans to challenge the election in court.

"You can't change height restrictions by ballot," Catalfumo said. "There is no downside to this. I'm never going away."

Singer Island residents opposed Catalfumo's project and formed the Public Beach Coalition to launch a petition drive to get enough signatures to overturn the deal. However, after the coalition collected more than 3,000 signatures, City Clerk Carrie Ward rejected most of them, claiming the group gathered them improperly.

Both sides filed suit in civil court. In February, Circuit Judge Glenn Kelley sided with the coalition, agreeing that the amendments could appear on the March ballot because the signatures were valid.

During the court case, evidence revealed that Catalfumo hired private investigators with former ties to the CIA to monitor the coalition's activities. One of the investigators even used a false name to sign the petition in an attempt to show that the group failed to monitor who signed the petitions, as required by the city's charter.

But the evidence wasn't enough to persuade Kelley to rule in the city's favor.

Riviera Beach has appealed Kelley's ruling to the 4th District Court of Appeal.

Control of water site may change

The Cross Bar Ranch could revert to Pasco if a deal can be cut with Pinellas County.

By DAVID DECAMP
Published March 14, 2007

Pinellas officials have started early talks about selling the 12,000-acre Cross Bar Ranch to Pasco County.

Once a key battleground in the regional water wars, the central Pasco ranch provided millions of gallons of drinking water a day for Pinellas County. But with Tampa Bay Water's efforts in recent years to develop other water sources, pumping at the ranch has been reduced, and the property has flourished as a wildlife refuge.

Now that Tampa Bay Water has brought stability to the region's water supply, Pinellas is interested in returning the property to Pasco hands, said Pick Talley, Pinellas utilities director. Tampa Bay Water would still oversee the 17 wells on site.

Pasco County Administrator John Gallagher got the nod from commissioners on Tuesday to continue discussing options.

"We're starting from ground zero right now," Talley said. "We don't have any plan or any goal."

Pinellas purchased the land in chunks. In 1976, it bought 8,000 acres for $600 an acre, Talley said. A 1989 purchase added another 4,500 acres at $1,800 an acre.

That's a combined $12.9-million before factoring inflation and the rising value of Pasco land over intervening years.

"We have no idea what the property is worth today," Talley said.

Gallagher said state preservation money is sewn up, so early talks have focused on using money from nonprofit conservation groups, including the Nature Conservancy, to help broker a deal.

Besides serving as a well field, Cross Bar functions as a wildlife refuge, notably for the threatened Florida scrub jay. It attracts bird watchers and students. An educational center opened in 2003.

Pasco County Commissioner Ted Schrader, a Tampa Bay Water board member, said the property is full of potential.

"I think it would be in our bests interests and Pasco's interests to control it," Schrader said.

David DeCamp can be reached at (727) 869-6232 or "ddecamp@sptimes.com.

Wiregrass Hearing Postponed

By KEVIN WIATROWSKI The Tampa Tribune

Published: Mar 13, 2007

WESLEY CHAPEL - The developers of Wiregrass Ranch will have to wait another month to get on the agenda for the board of county commissioners.

County officials were scheduled to take up the 5,000-acre project at the heart of Pasco's most rapidly growing community today. That hearing has been delayed until April 10 so the developers and commissioners can talk more about potential traffic problems.

The two sides will take another pass later this month at resolving Wiregrass Ranch's potential impact on future traffic patterns in southeast Pasco and northeast Hillsborough counties.

No date has been set for that meeting.

Wiregrass' southwest corner sits at the junction of State Road 56 and Bruce B. Downs Boulevard, about a mile north of New Tampa.

The Porter family envisions a development that will unite Wesley Chapel's disparate neighborhoods with a downtown surrounded by three high-end Pulte Homes communities.

At the county's urging, Pulte agreed last year to add more public roads to Wiregrass' internal network to take pressure off S.R. 56 and other major roads. So far, though, county officials remain skeptical.

Traffic concerns derailed discussions between commissioners and Wiregrass officials in January.

At the time, Wiregrass officials pitched their project as a boon for the region, providing $1 billion in taxes over 20 years.

Commissioners, however, worry the project might be a boondoggle if its residents - upward of 35,000 people, according to the developers - overwhelm the roads linking Wesley Chapel and New Tampa.

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

City appeals for help with riverfront

Titusville to apply for state designation

BY JESSICA RAYNOR
FLORIDA TODAY

The city is counting on being designated a Waterfronts Florida Partnership Community to help decide what will happen to Marina Park.

The city council decided Tuesday to apply for the program, which would provide administrative support to craft a plan for the future of the city's north waterfront, from Space View Park to the 22-acre Marina Park.

Once designated, the city would get $25,000 each year in a two-year cycle. It will also form a waterfront committee, made of residents and city officials.

The deadline for applications is March 21.

Councilman Jim Tulley said the program would not be someone from the outside telling the city what do with the waterfront.

"They're trying to help us through tools available to them," Tulley said.

The council also resolved to keep the park for public and recreation.

The city will be notified by May 31 if it is selected. A plan for the waterfront could be complete within a year of the designation.

The 2000 parks referendum set aside $1.4 million for the park improvements, including upgraded ball fields for the Titusville Little League, which has since disbanded. Since then, there have been conflicting ideas and plans for the city-operated, county-owned park.

Residents have said they want to keep Marina Park reserved for public, recreational use, but they want the city to decide what "public" means.

"Does being public mean the city can do business there?" said Joan Wheeler, who did not get a response from the council.

Bea Polk of Titusville, said the council should pass an ordinance declaring that the land cannot be used for commercial interests -- instead of a resolution that "means nothing."

"You're not going to do that because everything you do is about making money," she said.

Supercenter ushers in commercial development of Deltona

By SARA KIESLER
Staff Writer

DELTONA -- Volusia County's largest city may soon be dropping its "bedroom community" moniker.

As a Wal-Mart Supercenter opens today at the corner of State Road 415 and Howland Boulevard, other planned changes to Deltona's east side wait quietly.

Among the growing developments are hopes for a big box home improvement store on a 30-acre parcel of land known as the "Leahy property." Deltona is still changing the zoning of that land from low density residential to commercial.

There is also a new Publix and Ace Hardware -- both already opened -- Fifth Third Bank and, possibly, a funeral home being built at nearby Courtland and Fort Smith boulevards.

Deltona officials said they hope to bring high quality business to the area, with special assessment districts that will house a combination of offices and retail stores, as well as adding flare to the young city with public art, street landscaping and strict development requirements like Wal-Mart's $1 million landscaping project.

"We see that we can provide shopping and cut down on driving into other cities to shop," said Greg Stubbs, planning and development services director. "Obviously, it will offer a better quality life for the residents of Deltona."

However, not everyone is excited to see the changes. With its streets filled with housing, Deltona's main opportunity to grow lies along S.R. 415 -- where Osteen residents and others have come to enjoy a rural life style.

The city has been meeting with county officials and listening to fears of Osteen residents for more than a year to shape a plan for roughly 4,000 acres east of State Road 415. In that plan, city officials hope clustered housing, industrial complexes and the environment can coexist peacefully.

Barbara Evans and her husband live less than a mile from the new Wal-Mart, but there's no way she could battle the cars and trucks flying by to walk to it.

Not that she wants to. Evans said she is so worried about the dangers of increasing traffic that growth like Wal-Mart and other planned developments near her home are bringing she plans to stand outside her home tomorrow with a sign demanding motorists slow down.

"I've almost got T-boned three or four times coming out of my driveway," Evans said. The 55-year-old, whose house has been in her husband's family for about 60 years, said she also questions why a traffic light is at the entrance to the store on Howland, but not at the corner of S.R. 415.

There is a plan to widen the state road to five lanes, and no light is planned until then because it would make traffic more dangerous and less efficient, said Chris Cairns, a traffic engineer with the state Department of Transportation.

But Deltona and Volusia County officials hope to get the widening finished sooner than the currently projected 2016. The DOT actually has about $36 million now available specifically for a segment of the state road that stretches from Forth Smith Boulevard to just beyond the Seminole County line, said Becky Mendez, Deltona planning manager.

"We want them to go ahead and do that, not sit on that money," Mendez said. "Construction costs aren't getting any cheaper."

Stubbs added that if the state does not allow any more traffic added to S.R. 415, it may stifle Deltona's plans for economic development.

But to Evans, keeping businesses from buying out her neighbors' property and halting the growth would be the answer to her prayers.

"A lot of those old people here could live good and better somewhere else," she said, "but they got blood, sweat and babies born on this land. Let them die on it."

sara.kiesler@news-jrnl.com

DELTONA WAL-MART SUPERCENTER

Deltona's first 24-hour, 7-days-a-week Wal-Mart Supercenter opens today at 101 Howland Blvd. Also opening today are new Supercenters in Marco Island and Port St. Lucie.

Some key facts about the Deltona store:

· Store opening: 8 a.m., following grand opening ceremony at 7:30 a.m.

· Store manager: Ron Smigla.

· The store will employ about 450 workers ("associates" in company parlance), out of 2,000 applications received.

· Size: 206,610 square feet, slightly larger than the 185,000-square-foot national average for a Supercenter.

· The new store offers a full line of groceries, including frozen foods, meat and dairy products, fresh produce, a bakery and a delicatessen.

· General merchandise departments include apparel and accessories, jewelry, health and beauty aids, a full line of electronics and a lawn and garden center.

· Other features include a Tire & Lube Express, a vision center, liquor store, Subway restaurant, SmartStyle hair salon, Regal nail salon, one-hour photo lab, SunTrust Bank branch, a pharmacy and a Wal-Mart Connect Center.

· Check out lanes: 29 full-service, eight express and four self-check.

· Wal-Mart Supercenters are also located in Orange City, DeLand, Palm Coast, Ormond Beach, Daytona Beach and Port Orange. Also on the drawing boards are additional Supercenters in Daytona Beach and Port Orange.

Source: Wal-Mart Stores Inc.

-- Joe Crews

Planners draw a line in the sand

By MICHAEL D. BATES
mbates@hernandotoday.com

BROOKSVILLE — Planning and zoning commissioners Monday drew a line in the sand along Spring Hill Drive and called it Pinehurst Drive.
By rejecting attorney Joe Mason’s rezoning request, they made it clear that any commercial development west of Pinehurst — just west of SunTrust Bank — would be out of synch with the rest of the area.
Mason’s assertions to the contrary fell on deaf ears.

Mason is representing a local woman, Sylvia Vazquez, who sought permission to rezone almost one acre on the north side of Spring Hill Drive, west of Pinehurst Drive, to commercial.

As yet, no tenant had been announced.

Most of the commercial development along that part of Spring Hill Drive is east of Pinehurst. That includes the Spring Hill Plaza, the oldest shopping center on the county’s westside.

Expanding that commercial classification westward, “is a logical extension of the existing commercial,” Mason said numerous times during the meeting.

Planning Chairman Anthony Palmieri didn’t see it that way.

“I don’t think that anything west of Pinehurst should be commercial,” Palmieri said.

Mason didn’t completely lose the battle.

Planning commissioners said they would be more amenable to rezoning that parcel to office professional, which is more restrictive than the commercial category.

After consulting with his client, Mason said he would return in one month with another plan for the planning department to consider.

Efforts to expand the commercial zoning along that part of Spring Hill Drive have proven contentious. It came to a head a few years ago when Walgreens finally worked out an acceptable plan to build a drug store adjacent to the SunTrust Bank near Pinehurst.

As it is now, the main obstacle is forming a plan to alleviate traffic congestion so near a residential area.

Planning members and county commissioners finally agreed to grant the rezoning after Walgreens agreed to share a common entrance with the bank and redirect traffic to allow for easier traffic flow.

That Walgreens is under construction and scheduled to open soon.

This latest request is for a commercial building just east of Sylvia Avenue, the first street west of Pinehurst.

Because the site is outside the commercial area it is inconsistent with the surrounding residential land uses, according to planning staffers who are recommending the project be denied.

They said Monday they would have to look at a revised plan for an office-professional zoning category before issuing another recommendation.

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

3 Dozen Citizens Get Behind Transit Planning Wheel

By NEIL JOHNSON The Tampa Tribune

Published: Mar 14, 2007

TAMPA - Placing her finger on a map of southern Hillsborough County, Uta Kuhn traced a line north from her home in Sun City Center.

There needs to be a way to get to the airport, she said.

Kuhn was one of about three dozen people at a public workshop on mass transit Tuesday held by the county's Metropolitan Planning Organization.

Discussion focused on where people live, work, shop and play and what potential routes a mass transit system could follow to link those locations.

Ultimately, the ideas offered at two workshops at the Florida State Fairgrounds will be folded into corridor options for the planning organization board when it meets in June.

The proposals will look at transit planning for 2030.

A link to Tampa International Airport was a common theme.

"We have to look at it regionally. If we connect all the airports, we'll be a step ahead," said Dena Gross Leavengood, co-founder of Tomorrow Matters, a citizens advocacy group.

The workshop didn't consider what form of transit would use the corridors. The goal was to find what parts of the county citizens think should be connected, said Beth Alden, planning organization team leader.

Maps with the results of the two workshops will be on the agency's Web site in May, she said.

Hillsborough County and the Tampa Bay area are showing signs of struggling transportation that Bill McCloud saw before he left Chicago.

"People are staying in traffic longer and longer," he said.

Suggestions included:

•Using an express transit corridor from New Tampa to downtown to avoid widening roads.

•Connecting Pinellas County to Westchase, downtown, Ybor City and the University of South Florida's Tampa campus using TIA as a central hub.

Beverly Cartee of Seffner appreciated the difficulty of planning for a comprehensive transit system.

"When you're living in a 1,000-square-mile county with no rhyme or reason, it's hard," she said. "At least people are talking about it."

Reporter Neil Johnson can be reached at (352) 544-5214

New landfill put on back burner

Commissioners are told it may cost less to haul excess garbage to Osceola County.

By CHUIN-WEI YAP
Published March 14, 2007

DADE CITY - It may cost Pasco nearly $20 a ton less to haul its trash to other counties than to dispose of it locally, County Administrator John Gallagher said Tuesday.

As Pasco grapples with its growing trash problem, Gallagher is negotiating what commissioners called an interim solution that could buy up to 17 years' worth of space to dump garbage in Osceola County.

As it is now, Pasco collects more than 150 tons of excess trash a day beyond what the county's garbage incinerator can handle. Without adding another burner, the Shady Hills incinerator cannot keep pace with growth.

Gallagher has not finished his negotiations, but told commissioners that the Osceola option could cost $39 a ton for roughly the first four years, which would then ratchet up to "$40-something" and "$50-something" a ton beyond that time frame.

Gallagher told the Pasco Times it costs the county $56.70 a ton to dispose of its trash in Shady Hills. He said he is meeting with Osceola officials next week to pursue the deal.

If it pans out, the Osceola option could scuttle the plans for a private-sector solution that has raised the ire of neighbors.

Largo's Angelo's Aggregate Materials wants to build the first privately held dump in Pasco to accept raw household garbage and other trash, also called a Class 1 landfill.

The state Department of Environmental Protection is reviewing Angelo's proposal for a garbage pit just outside Dade City, but the company would also need the county's blessing.

With Pasco already mulling new recycling efforts and out-of-county garbage options, including under used landfills in Polk County, Commissioner Ted Schrader on Tuesday described Angelo's proposal as "moot."

But seven residents took the floor of the commission meeting anyway, warning of potential environmental consequences and questioning the county's cost estimates. One of them even threw "environmental racism" into their gamut of arguments.

"Race is the most significant variable associated with the location of hazardous waste sites," said Nulankeyas Ahbleza Cook, who was wearing his Native American regalia.

About a quarter of Dade City's population is African American.

Other speakers, like Carl Roth, said Angelo's had no experience operating Class 1 landfills. He warned of sinkhole risks and the threat to drinking water.

Roth also questioned the county's numbers, including Gallagher's Osceola figures. He said the county's figures don't include the money Pasco makes by generating electricity at the incinerator.

Roth said this means the county pays less per ton than $56.70, and wanted officials to make its costs clear in their search for alternative solutions.

Roth favors expanding the Shady Hills incinerator or using Hillsborough's incinerator capacity.

Adding a burner at Shady Hills would bump up the incinerator's capacity by 600 tons a day but cost $110-million, officials said.

In 2004, a county consultant said expanding and operating the incinerator would cost as much as $353-million over 20 years.

Gallagher said his staff is also preparing to make recommendations on the county's curbside recycling program in about two months. He is meeting with trash haulers to explore the rates they are allowed to charge and the equipment they would use.

He said a key recommendation would be whether to make the recycling program mandatory or leave it voluntary.

A recent pilot program in Meadow Pointe showed residents want curbside recycling of newspapers, and were twice as likely to recycle if they received plastic bins instead of the blue bags the county currently uses.

After the meeting, some residents questioned why commissioners seemed reluctant to veto Angelo's proposal now.

Commissioners had told them earlier that a full slate of options is expected to be laid out in coming months.

"All this is premature - I hope everybody recognizes that," commission Chairwoman Ann Hildebrand told the protesters.

Chuin-Wei Yap covers growth and development in Pasco County. He can be reached at 813909-4613 or "cyap@sptimes.com.

Panel OKs Contested Development

By Tom Palmer
The Ledger
BARTOW - Developers finally came up with a proposal Tuesday for a disputed piece of land along Gib-Galloway Road that the majority of the Polk County Planning Commission liked.

But a group of homeowners led by James and Erin Abercrombie said they'll appeal, throwing the project's fate to the County Commission.

Donnie Tyler wanted to build a 27-lot subdivision on 15 acres next to the Abercrombies. In his motion that was approved by a 4-3 vote, Commissioner Augie Fragala slightly scaled back the subdivision by softening restrictions county planners had recommended. Just how much was hard to determine until Tyler submits a revised site plan.

County planners had proposed increasing minimum lot sizes to 40,000 square feet - nearly an acre - but Fragala dropped the limit to 14,000 square feet. Tyler had proposed lots as small as 11,500 square feet.

Commissioner Sue Nelson said she was concerned about compatibility. Commissioner John Ryan said he was concerned about traffic safety.

But Fragala said he thought the buffering and other conditions would take care of the incompatibility issues and Commission Chairman John Webb said even though the land immediately adjacent to the site was sparsely developed, that area of the county was densely populated.

The section of Gib-Galloway Road, a two-lane road that winds through rural and suburban land north of Lakeland, has been the venue for one of the most hotly-contested neighborhood zoning disputes in recent Polk County history.

It has pitted the Abercrombies against a succession of influential local developers.

The Abercrombies gained some protection as the result of a favorable 2004 court ruling after the couple sued the County Commission for overturning the Planning Commission's 2002 denial of an earlier project next to them.

At the time of that ruling, the late Senior Judge Randolph Bentley had concluded county commissioners had ignored key provisions of their own growth plan when they voted in 2002 to overturn the Planning Commission's denial of a 30-lot subdivision in a 13-acre citrus grove.

Florida Leisure Communities, which submitted the original development plan for the site, abandoned their plans and sold the property to Sam Fasson Properties of Kathleen in 2006.

Fasson, a developer, tried unsuccessfully last June to get Planning Commission approval for a 27-lot subdivision on an expanded parcel comprising nearly 15 acres.

County planners, who had originally scheduled the case for January's meeting, delayed action to allow more time to review Bentley's ruling and to come up with a staff recommendation that was consistent with it.

That review led planners to conclude that Fasson's proposal was incompatible with adjacent land uses. They recommended scaling back the proposal to a 10-lot to 12-lot subdivision.

County planners also recommended a list of 22 conditions including tree protection, a privacy fence or wall, traffic studies, sidewalks, street lighting and construction of a tot lot.

Lawyer Steve Watson, representing Fasson, argued the staff recommendation was incorrect.

He said the proposed subdivision, which had less density than what was proposed in the 2002 case, has the largest lots of any subdivision in the area.

"This is, in effect, infill development," Watson said.

He argued there was no reason to reject the project based on traffic conditions on Gib-Galloway Road, either, because the road meets county traffic standards even though it, like many other county roads, is narrower than county standards specify.

But James Abercrombie questioned the need for the develop- ment, citing widespread vacancies in new developments in the area.

"What's the urgency?" he asked.

Erin Abercrombie acknowledged the property could be developed, but said the density is not comparable.

"It's not fair, it's not fair," she said.

The Abercrombies weren't alone in their opposition.

Neighbor Dan Taylor complained about the condition of Gib-Galloway Road and about having to spend years listening to construction noise and the loud music and other noise coming from a new subdivision.

Neighbor Jerry Weeks complained the schools are over capacity and that the development intrudes into a still-rural area.

"It's an unsupportable proposition," he said.

Green Buildings On The Horizon

By DAVE SIMANOFF The Tampa Tribune

Published: Mar 14, 2007

Green, for lack of a better word, is good.

Developers, business owners and government organizations across the Tampa Bay area are starting to embrace the Leadership in Energy and Environmental Design initiative, an international push to construct offices, homes, schools and hotels that conserve power and water, minimize their impact on the environment, and create healthy places for people to live and work.

Leadership in Energy and Environmental Design, or LEED for short, isn't a set of guidelines. It's a rigid set of requirements that architects, engineers and contractors must adopt when they design, build and equip a building. Once the building is complete, it must be reviewed by an independent consultant before the U.S. Green Building Council will certify it as a LEED-compliant building.

Experts say LEED is growing in popularity because developers and owners recognize the benefits to the environment - and to their wallets. Although a LEED-compliant building might cost more to design and construct than a traditional building, operating costs are generally much lower.

"If something's good for the environment - that, frankly, for a lot of years, didn't sell very well," said Joshua Bomstein, business development manager for Clearwater-based Creative Contractors Inc. and vice president of the local chapter of the U.S. Green Building Council.

"People wanted to do the right thing for the environment, but not it if cost more and took longer," Bomstein said.

Today, builders and owners recognize the "triple bottom line" of environmentally friendly, energy-saving buildings: Besides the obvious environmental advantages, "it's good for people who work and live in the buildings, plus they're good for the owner's pocketbook."

While every LEED-compliant building is different, experts at the Green Building Council say LEED adds up to 7 percent to the cost of designing and constructing a structure. However, they say that in many cases the increase is minimal, adding just 2 percent or less to the cost. The council's research shows that LEED can lower a building's energy bill by an average of 36 percent, and water bills by an average of 30 percent.

Local Examples Increasing

Examples of LEED are taking shape on both sides of the Bay:

•Dunedin's new community center, built by Creative Contractors, is built to LEED specifications and will be submitted to the Green Building Council for certification.

•The Sandpearl Resort, under construction in Clearwater Beach, promises to be the state's first LEED-compliant hotel. The luxury resort, which includes hotel condominiums, is expected to open this summer.

•Contractor Skanska USA has started work on an HCC SouthShore Center, a LEED-compliant 57,000-square-foot building in Ruskin.

•Walker Brand Communications, a Tampa-based advertising firm, is planning a LEED-compliant 8,400-square-foot headquarters.

•Several LEED-compliant public schools are in the works for Hillsborough, Pinellas and Pasco counties.

According to the U.S. Green Building Council, there are 14 LEED-compliant commercial and public buildings under consideration or under construction in the Tampa Bay area. Combined, those buildings represent 1.1 million square feet of space.

Until recently, people in the Bay area could only find one example of LEED construction: the 6,000-square-foot Happy Feet Plus store in Clearwater.

Happy Feet Plus sells specialty shoes, such as Birkenstocks, at a handful of locations across the Bay area. Co-founder Jane Strong said her business wanted a building to serve as an example for other businesses and reflect the founders' environmentally-friendly philosophy.

The Happy Feet Plus store in Clearwater uses an energy-efficient lighting system. Its 5,000-gallon cistern collects rainwater that is used to help water plants and flush toilets.

Strong said her energy bills are one-third of what it would cost for a traditional building.

"We did this more as an example than a reason to save money," she said. "But we especially do save."

For a major developer such as Crescent Resources LLC, the big question about LEED is whether tenants are willing to pay more for rent to offset the higher construction costs.

High rental prices can deter tenants, and prices for building materials have already risen sharply over the past few years, said Whit Duncan, senior vice president.

However, "we feel that there will be a time in the future when Corporate America would prefer to be in a green building," he said.

In Ruskin, HCC's $15.9 million SouthShore Center is expected to open early next year. HCC predicts it will spend about 24 percent less on energy costs for the LEED-compliant building than it would cost for a traditional building.

Energy-saving features will include a rooftop basin to collect water, heating systems built into the floor, and a design that brings as much natural light as possible into the building.

Barbara Lawson, HCC's chief financial officer and vice president of administration, said the college was interested not just in saving money, but also in being "good environmental stewards and citizens."

In Clearwater, JMC Communities predicts its investment in energy-saving design and equipment at Sandpearl Resort will pay off within five years.

Sandpearl will feature a 200-suite hotel, costing about $80 million, as well as 50 hotel condos. Chief Executive Michael Cheezem said meeting LEED standards has added about $3 million to the cost of construction and design.

The Sandpearl's air conditioning will used chilled water instead of Freon, and the hotel's heat recovery exhaust system will capture heated air and reuse it. A sophisticated power-management system will adjust a room's temperature or shut off the air-conditioning system if a guest leaves an outside door open.

Trade-Offs Necessary

Cheezem said following LEED specifications meant making a few trade-offs. For example, he said, the toilets selected for the resort are very efficient but not his designers' first choice "decorwise." Also, it was difficult to find a shower head that was both efficient and stylish, he said.

However, Cheezem said LEED standards won't compromise the luxury experience at the Sandpearl.

"I think people are much more aware of these issues than they ever have been, both from a resource conservation point-of-view and a global climate point of view," he said. "I think, because of that, people are more likely to want to support an enterprise that builds in an environmentally conscious way."

County draws up war plan to root out invading plant

By CINDY SWIRKO

Sun staff writer

OK, so it's not the nuclear radiation-created giant ants, bees or Japanese moths and monsters of the B-movies.

But an alien invader that could terrorize the environment and the wallets of farmers is spreading menace in Alachua County .

It's cogongrass, and the county may bring out chemicals and fire to stop it.

"It is actually from Asia and it is a very invasive plant. It is actually considered one of the worst weeds in the world - in the top 10 - and it is starting to creep into Alachua County at a pretty fast rate," said county Environmental Protection Director Chris Bird at Tuesday's County Commission meeting.

Chances are you've seen cogongrass on open roadsides and under power line rights of way. It grows several feet tall, flowers with a feathery plume and grows so thick it is difficult to walk through. On breezy days it waves like wheat.

It was introduced intentionally from the Philippines into Mississippi as a possible forage plant in 1921. Cogongrass was introduced into Florida in the 1930s and 1940s as potential forage and for soil stabilization, according to the University of Florida 's Institute of Food and Agricultural Sciences.

But cogongrass has little forage value. Meanwhile, it spreads like crazy. It is an economic pest for farmers and foresters who must remove it from their land. It is an environmental pest that crowds out native plant species, which is also bad for native animals that depend on the plants. It is also a fire hazard.

Now it threatens some of our most cherished open spaces, such as Paynes Prairie Preserve State Park .

Bird wants the county to begin a cogongrass counterattack, starting with an April 4 meeting for farmers, environmentalists, homeowners, park staff and others with a cogongrass interest.

Some relatively easy and cheap weapons include educating homeowners to the trouble with cogongrass so they can remove it from their property. Bird said county public works crews can make sure they remove traces of it from equipment to prevent spreading.

But the big guns, herbicides and prescribed burning, could be needed, Bird said.

"It's on private property, it's on farm land and it's on county property, so we are all going to have to figure out how to work together," Bird said.

Linda Conway Duever, who oversees a Marion County cogongrass eradication program, said the counties must work together as well.

Marion County has a greater amount of cogongrass and has been battling it longer. But Marion wants to prevent a greater invasion on the Marion/Alachua line, Duever said.

"We have a lot of entities involved," Duever said. "We have relatively light infestations around the edges of Marion County , so we need to be working out our neighboring counties on control. Particularly Alachua County . We have some in northern Marion County but it is worse on the Alachua side. There are problems we need to work on together."

Bird said he may request money for eradication as the county develops its coming budget. Some commissioners expressed support for the effort.

"I'm glad we're getting started on this," Commissioner Mike Byerly said. "This is clearly one of those 'ounce of prevention is worth a pound of cure' situations."

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

FIRST OF THREE PARTS

A FLORIDA REAL ESTATE SOAP OPERA

A widow says she was 'hoodwinked' by developers who paid $445,000 for her underwater land -- then sold it back to the state for $7.2 million

shiaasen@MiamiHerald.com

Like a phantom limb, it dangles from the shoreline off Gables-by-the-Sea: a winding six-acre strip of turtle grass and mud four feet below the surface of Biscayne Bay.

Fifty years ago, planners drew a wishful frame of home lots over the bay bottom and called this deceptively pricey patch of real estate Coral Bay.

It also has a mordant nickname: ``Gables Under the Sea.''

After 20 years in the plat books, the 18 underwater lots were corraled in a state preserve and shielded from development. The longtime owners wrote them off as worthless.

But a pair of would-be developers and a clever lawyer saw fortune in the mushy marl. They bought the fanciful lots and sold them last summer -- at a $6.7 million profit.

The buyers? Florida taxpayers.

How the state came to spend millions for this chunk of bay -- 70 years after surrendering it to begin with -- is a Florida real estate soap opera.

There's the woman scorned: an 81-year-old Georgia widow who says she was ''hoodwinked'' when she sold her submerged property for $445,000.

There's the millionaire with a dark past: a developer once convicted of stock fraud who trolls the Gulf Stream in his 50-foot yacht. His team sold the watery lots back to the state for $7.2 million.

There's an audacious lawsuit and tricky Tallahassee politics. Jousting lawyers, big-name lobbyists, a county-biologist-turned-land-speculator and a cameo from a former governor.

It's the old swampland-for-sale story turned inside out -- and a new lesson in how to get rich in real estate: Don't build a thing.

Biscayne Bay was once regarded not as something to be protected, but as something to be peddled and paved. Decades ago, the state sold huge swaths of it to developers with fantastic plans to dredge up islands and causeways all the way down to Key Largo.

That's how the Coral Bay property went into private ownership -- part of it sold in 1936, the rest in 1957.

But, though platted and zoned -- and therefore vested with development rights -- the 18 lots were still underwater, and the state eventually grew protective of the bay. In 1968, then-Gov. Claude Kirk refused to issue new dredge or fill permits.

Two years later, a Hialeah businessman named Edward Santa Maria took over the lots from his sister. The price: ''Love & Affection Between Sister & Brother & No Cash,'' according to the 1970 deed.

He hoped to build waterfront homes -- but it soon became clear that the state wouldn't allow it. ''My husband was a dreamer. I loved him dearly, but he was a dreamer,'' said his widow, Laura Santa Maria, 81.

By 1974, Edward's dream was snuffed out for good. The state created the Biscayne Bay Aquatic Preserve, preventing development in the area.

Still, Edward didn't give up. He dutifully paid the meager taxes on his underwater acreage. (The lots were valued for tax purposes at about $1,600 apiece in 2003, with a total tax bill that year of $806.44.) He once offered Coral Gables half of his property if he could build on the rest, but the city didn't bite.

In his final years, cancer tethered Edward to an oxygen tank. Convinced that the lots would someday pay off for his wife, he placed them in a trust benefiting her, said Tom Flood, the Santa Marias' son-in-law.

Laura Santa Maria never shared her husband's optimism. ''I didn't think we could sell it at all, to tell you the truth,'' she said. ``Why would anybody want it?''

But just before her husband died on Aug. 27, 2001, two people called, asking about the property: Warren Sands and Bob Robinson.

`OUT OF HEAVEN'

They agreed to buy the lots for $445,000, with a modest $5,000 deposit.

''Out of heaven falls $400,000,'' said Flood, who was a trustee overseeing the property. ``We're thinking, OK, that's a good deal.''

The contract they signed in May 2002 gave Sands and Robinson two years to obtain permits to fill in the bay and build. The developers submitted their plans to the Florida Department of Environmental Protection in August 2002.

Calling the area a prime manatee habitat and citing the decades-old protections enacted by the Legislature, the DEP rejected their permits in May 2003. But the deal didn't die; Sands and Robinson bought the underwater property anyway. The sale closed in July 2004.

The Santa Maria family's lawyer, Ed Livingston, said the developers' lawyer told him they were going to file a lawsuit to overturn the DEP ruling after buying the lots.

Instead, Sands and Robinson filed a different kind of suit. In a ''takings'' claim, they argued that the state's environmental rules wrongly erased their property rights. By refusing to allow homes on the submerged lots, they argued, the state had effectively condemned the property.

The suit aimed to force the state to buy the 18 bay-bottom lots -- and Sands and Robinson wanted them priced as though they had already been turned into waterfront mansions: $21 million in all, records show.

Sands, Robinson and their lawyer declined to comment for this report.

A SURPRISE

Laura Santa Maria and her family never heard about the lawsuit. Suing the state had never occurred to them. Nine years earlier, a lawyer told Edward Santa Maria that such a claim would probably fail, because he took over the property after the state's building limits were in place.

In short, they were told, they should have known better than to buy the bottom of the bay.

''No one recommended suing the state. No one ever thought about that,'' said Flood, a Palmetto Bay mortgage company executive.

There was more that the family didn't know:

Months before buying the lots, Sands and Robinson had already begun to negotiate their resale to the state.

And by the time the Santa Marias sold their underwater property, a state appraisal had already determined that it was worth $7.2 million.

''Somebody found an angle,'' Flood said. ``Somebody saw an angle that we didn't see.''

State buys time for ridge of rare species

Much of Lake Wales Ridge has fallen to developers. Florida tries to save the rest.

Kelly Griffith
Sentinel Staff Writer

March 11, 2007

LAKE WALES RIDGE -- It might not look like much, but there's nowhere else on Earth like it.

The sandy strip of land jutting at most about 300 feet above sea level and running 150 miles down the middle of the state was once the only bit of dry ground poking up through a shallow prehistoric ocean. What grew there 2 million or 3 million years ago -- and still grows today -- wasn't pretty: a sparse, sandy habitat covered with underbrush.

Scrub: Even the name sounds ugly, preservationists admit. But for dozens of species, it's food, shelter -- and survival.

Indeed, the scrubby Lake Wales Ridge, extending from Lake County south to Highlands County, is home to one of the highest concentrations of threatened and endangered species in the world -- 33 plant and 36 wildlife species are listed -- and is the only habitat just like it on the planet.

But over the years, more than 85 percent of it has been plowed under for citrus groves and paved over for housing developments. Now, in an effort to protect what's left, the state has added 11,000 acres in south Polk County to its list of lands targeted for conservation, called Florida Forever.

"We are really pleased," said Jeff Spence, director of Environmental Affairs for Polk County.

Saving the 11,000 acres near Lake Wales, he said, would prevent further degradation of parts bordering U.S. Highway 27 and two miles of lake frontage on Crooked Lake, a state-designated "outstanding" water body. The area includes what has been termed "one of the best remaining unprotected" scrub habitats, and 13 other natural communities, including cypress swamps, flatwoods, sandhill, freshwater marshes and seepage slopes, which are bogs where diverse plant life thrives.

The property is owned by several hundred landowners, but the largest parcel of about 4,000 acres has an asking price of $8,000 per acre.

That's more than 37 percent higher than the $5,820-per-acre price paid about six years ago when Polk County and the Southwest Florida Water Management District split the cost of buying 1,267 acres on Lakeland's Lake Hancock. They are now in the process of building an observation deck into Lake Hancock and expect to start on an Environmental Education Center soon.

Putting the Crooked Lake West property on the Florida Forever list is only the first step. Next is putting together purchasing partnerships that may include county, state, federal and private groups. For instance, The Nature Conservancy, a private, nonprofit organization, recently took the lead in adding more than 3,100 acres near Avon Park, and 5,529 acres in Osceola County, to the Florida Forever list.

Once deals are reached between purchasing partners and landowners, the governor and Cabinet must still sign off.

"Now, the next step is negotiating," said Yasmin Wallas, Florida Department of Environmental Protection spokeswoman. She said the state could try to buy conservation easements, a less-expensive method of saving land that pays landowners for giving perpetual conservation rights to the state while retaining the right to use the land in its current condition.

In June 2005, the state spent $1.2 million, or about $1,380 per acre, for a conservation easement on 870 acres of the Lake Wales Ridge that borders the Avon Park Air Force Range.

However the ridge land is saved, conservationists say it's time.

"The habitat and the birds are in trouble, and the more it can be protected before it gets converted into who knows what, the better," said David Pashley, vice president for conservation programs for the Virginia-based American Bird Conservancy, which listed the ridge as the nation's ninth-most-threatened bird habitat in a study last month.

Pashley admits that scrub habitat doesn't evoke enthusiasm like land with beautiful vistas and pretty flowers.

"Scrub habitat has a bad rap. Even saying it -- scrub -- is even degrading," he said. "But if you want to see a Florida scrub-jay, there's nowhere else in the world to do that."

Besides the endangered scrub-jay, a small blue bird that lives in families and only in scrub, the land provides habitat for the also-endangered red-cockaded woodpecker; the swallow-tailed kite; endangered reptiles such as the eastern indigo snake and gopher tortoise; plus sand skinks, whooping cranes and unique plants such as scrub morning glory, scrub blazing star and showy dawnflower.

There's another benefit to preservation, Pashley said: an increase in eco-tourists, who come to see endangered birds.

"I don't know if anyone has done a study [on Florida bird-watching economics], but when someone comes to Florida for bird-watching, they buy a plane ticket, rent a car, stay in a hotel room, eat in restaurants," he said.

Nationally, studies suggest he's right. Bird-watching and wildlife viewing by an estimated 66 million people helps fuel a $43 billion business in the United States, generating 466,000 jobs and resulting in trip-related expenses of $8.5 billion, according to a 2006 study by the Outdoor Industry Foundation.

And, hoping to draw those tourists, the state has designated 38 miles of State Road 17 as Ridge Scenic Highway for its views, rolling hills and acres of citrus. The segment runs from Haines City to Frostproof.

Kelly Griffith can be reached at kgriffith@orlandosentinel.com or 863-422-5908.

Crooked Lake has 'Forever' in its future

As part of the Lake Wales Ridge, the area along U.S. 27 is targeted for preservation.

Kelly Griffith
Sentinel Staff Writer

March 11, 2007

Heavily traveled U.S. Highway 27 might not seem like a nature preserve, but officials say the thoroughfare's slice through south Polk County is one of the reasons to save 11,000 acres on both sides of the road near Crooked Lake.

The highway, after all, pulls in the people -- and developers.

The acreage, which has more than 100 owners, recently was added to the Florida Forever list of land-buying priorities, targeted as one of the top conservation areas officials hope to preserve. It is mostly west of U.S. 27, south of Highland Park, sandwiched between Lake Buffum and Crooked Lake, which would have two miles of shoreline preserved under the plan.

U.S. 27, hardly a pristine wilderness area, isn't insignificant in the picture, officials say.

"Since the project is located along U.S. 27, it falls into an area that is starting to see an increase in development," said Gaye Sharpe, natural areas manager in the county's Natural Resources Division.

"On the Lake Wales Ridge, scrub and sandhill soils are well-drained and very suitable for conversion to houses, and in the past there was conversion from the native habitat to citrus, pasture or development such as homes."

Stopping development on the ridge, which stretches 150 miles down the middle of the state from Lake to Highlands County, is vital to dozens of endangered species that make homes there, conservationists say.

While buying the land is still a long way from reality with deals still needed to be brokered, the area has the attention of national officials as well as local and state authorities. The national spotlight could mean a lot in terms of getting the area noticed by birdwatchers and other outdoor enthusiasts near and far, experts say.

The U.S. Fish and Wildlife Service targeted 12 sites, including the Crooked Lake land, for its planned 19,630-acre Lake Wales Ridge National Wildlife Refuge, which would be its first refuge set aside for the preservation of plants.

Thirty-one rare plants can be found within the project's boundaries, 22 of them federally listed as endangered or threatened, according to the agency.

"The Crooked Lake project is important from a conservation standpoint to protect portions of the Lake Wales Ridge, and it will allow for protection of several habitats including the scrub, which contains many rare and unique species," Sharpe said.

"Also within the project is a community known as cutthroat seeps, which sometimes develops next to scrub as the rainwater seeps from the scrub soils, and this community is also important to protect for conservation purposes."

Conservationists admit protecting the area isn't easy. Not only has development or agriculture already destroyed 80 percent of the original scrubland, but prices for land are continuing to climb, and managing the land itself requires continual maintenance, such as fire management to help preserve the scrub habitat.

"This is made difficult by the fragmented nature of the landscape, particularly the number of roads that crisscross the countryside," said a report by the Virginia-based American Bird Conservancy, which calls the ridge the ninth-most-threatened bird habitat in the nation.

The report added: "The worst types of change are conversion to agriculture, which tends to be at least partially reversible, and conversion to urban conditions, which tends to be permanent."

An osprey hawk perches atop a tree overlooking Crooked Lake within the Lake Wales Ridge area.

Kelly Griffith can be reached at kgriffith@orlandosentinel.com or 863-422-5908.

Residents: Rent hike a move to get them off Seabird Island


PORT ORANGE -- Residents who have fought to stay in a waterfront mobile home park where dolphins and cormorants are common sights now face a new battle: steep rent increases.

Seabird Island tenants, most of them 55 and older, received notice that their space rents would essentially double June 1.

Tenants say this is the latest tactic to drive them out so the park's owners can build condominiums on the 10-acre site that abuts the Halifax River near the Dunlawton Avenue bridge.

This strategy could work, given that many residents are retirees on fixed incomes who can't afford the hefty increases, said Laila Aen, 71, who has lived at Seabird Island for 11 years.

"It has scared so many people here that are old," Aen said. "They are just so afraid."

Retirees at many mobile home parks across the state face an uncertain future as condo developers seek dwindling waterfront property. Seabird residents own their mobile homes but rent a total of 104 spaces. They have been in limbo since the late Robert Davis, the park's founder, showed interest in converting the site into a condo complex.

Ginger Hodkoski and Linda Davis inherited the park after their father died in August. They couldn't be reached for comment.

They brought in developer Gus Spreng last year to oversee Seabird Island.

In South Daytona, Spreng is evicting more than 100 people at the Blue Villa mobile home park. The city there has agreed to buy the land from him for $2.4 million to use as a drainage site. Spreng also couldn't be reached for comment.

Monthly rents for homes in Seabird's inner section will rise to $490 from $285 in June. Tenants on the shoreline will see their rents jump to $650 from $310 -- a 110 percent spike.

"Nobody gets a 110 percent increase in one year," Aen said. "It's unheard of."

Seabird Island's owners are allowed to raise rents once a year by whatever amount they want, said Mike Cochran, who oversees the state Division of Land Sales, Condominiums and Mobile Homes.

However, the owners must give tenants 90 days' notice and justify the increase, Cochran said.

Residents each received a letter Feb. 16 stating the rent increases set for June were based on a survey of rents charged at other mobile home parks.

But Aen said she inquired about rents at a dozen parks in the area and found the rates were in the $300 to $400 range. Although these aren't waterfront parks, some offer amenities that Seabird lacks, such as swimming pools, she said.

Richard Fahlbusch, a Seabird resident and activist, said the tenants will challenge the rent increases. He sent a letter to Spreng and the park's owners requesting that they meet with a neighborhood committee this week to discuss the rent increases, but they declined, Fahlbusch said.

Spreng asked that they meet the week of March 26, Fahlbusch said.

The problem is that, by law, tenants who wish to challenge a rent increase must meet with landlords no later than 30 days after receiving the notice, he said. So if they wait until March 26, they'll miss the deadline.

Fahlbusch said he foresees the dispute heading to mediation before June.

The park's owners must be careful to act in good faith, Cochran said. "If the owners don't cooperate, the state could investigate."

Last week, the owners talked with city officials about how they might build condos on the island and keep with the city's codes and vision for the area, said Donna Steinebach, assistant to the city manager. "It's all been kind of 'what if, what if.' "

Whatever goes in there should enhance the area's economy and aesthetics, Steinebach said, and should offer public access to the water.

Aen said the owners hired Spreng to push out tenants, whom they view as a hindrance.

Spreng discourages people from buying mobile homes on the island, she said. He has posted a warning sign saying the site would be rezoned and tenants could be evicted.

And buyers must sign a statement agreeing to accept the minimum payment by law -- $1,375 -- if they are kicked out.

"It's all scare tactics," Aen said.

As a native New Yorker, Aen said she has a fighting spirit and won't quit quietly.

"They are going to have to pull me out of here," she said. "This is my home. I'm going to stay here to the end."

scott.wyland@news-jrnl.com

Farms may face tighter water limits

Palm Beach Post Staff Writer

Sunday, March 11, 2007

Growers in parts of the Treasure Coast are facing even tighter limits on irrigation as South Florida's drought deepens.

Water managers are scheduled to vote this week on imposing mandatory 30 percent cuts on water use by growers and communities that draw from Lake Okeechobee or the St. Lucie Canal.

That would double the 15 percent cutbacks they ordered in November for those areas, which include parts of Martin, St. Lucie and Okeechobee counties, as well as the Glades region south of the lake.

The board of the South Florida Water Management District also will consider declaring a water shortage for Martin and St. Lucie county growers who rely on the C-23, C-24 and C-25 canals.

And the board will vote on the first mandatory watering restrictions in nearly five years for millions of coastal residents from Palm Beach County to the Keys. They would be limited to three days a week for watering their lawns and landscaping, and violators would face warnings or fines.

All the votes are scheduled for Thursday at the district's headquarters in suburban West Palm Beach.

The cutbacks come as water levels continue to drop in the region's main reservoirs, the Everglades and Lake Okeechobee, amid a lingering dry season that followed an unusually hurricane-free summer.

The mandatory lawn-watering restrictions for the coast would be South Florida's first since the last drought ended, in 2002. But district spokesman Randy Smith noted that parts of Southwest Florida are under similar limits year-round. In any case, he said, three days a week of watering is more than most people's lawns need at this time of year.

"Having to cut back a little bit on the watering of our yards, no big deal," Smith said. "The sky's not falling by any means."

But Barbara Miedema, spokeswoman for the Sugar Cane Growers Cooperative of Florida, said farmers are increasingly worried that the drought could stretch into a multiyear economic calamity.

By late April, she said, the lake might be unable to supply more than half the water that growers usually require at that time of year. And what if the coming rainy season, which officially starts June 1, is dry as well?

"It's kind of nerve-racking," Miedema said. "We could be in really bad shape next year, and it's next year's crop that could really be impacted."

Role in deal elicits surprise from foes, friends of Sansbury

Palm Beach Post Staff Writer

Sunday, March 11, 2007

John Sansbury is a wheeler-dealer. Friends and foes agree on that.

It was his particular brand of glibness that catapulted him, at age 26, to the top job in Palm Beach County government. The feat even caught the attention of The National Enquirer, which anointed him in a 1975 headline as "The Youngest County Administrator in the U.S."

His devilish personality endeared him to the county's power elite and his young, hard-partying staff. For his 10th anniversary in the job, county commissioners named a road after him. A year later, commissioners had enough of the fast-talking manager.

Then-Commissioner Ken Adams, who sealed Sansbury's fate, never doubted Sansbury's ability.

"Give John a telephone and an hour and he could get almost anything accomplished," he said in 1986, shortly before Sansbury left government to become a real estate entrepreneur.

Friends and foes voiced varying degrees of surprise as word spread last week that Sansbury, now 57, was implicated in the criminal case filed against former West Palm Beach City Commissioner Jim Exline. Sansbury, prosecutors allege, funneled a $50,000 payment to Exline in 2004 through a Clematis Street jewelry store for his help getting city approval for a subdivision.

Exline never told city staff he was getting paid, prosecutors said. He also failed to report the money on his 2004 tax return. And when he came clean with federal investigators in June, Exline agreed to wear an FBI wire to tape his conversations with Sansbury, according to a source familiar with the case.

Exline, who resigned from the commission in January, is expected to plead guilty to a tax-evasion count on March 19. Sansbury has not been charged. He declined comment for this story. "Talk to my lawyers," he said pleasantly when reached at home. Attorneys Douglas Duncan and David Roth, both specialists in criminal law, didn't return repeated phone calls.

His friends say Sansbury is too careful to intentionally break the law.

"John was a wheeler-dealer, and he never made a secret about that," said Dennis Koehler, a former county commissioner who has known him more than 30 years. "But he was always careful to avoid conflicts, and I always thought of John as a very ethical guy."

"John prides himself in being aboveboard, so I'm sure he's discouraged that his name is being bandied about," agreed Assistant County Administrator Vince Bonvento. Like Koehler, Bonvento has known Sansbury since they, along with County Commissioner Karen Marcus, were part of a group of Young Turks who ran county government as the "Kiddie Car Gang."

Like others, Bonvento said Sansbury has a wild streak. "He's a risk-taker," he said.

That mentality made him an innovative administrator at a time when the county was experiencing breakneck growth. It also got him in trouble with his bosses.

And, after he left county government, he became a poster child for those who believed top county employees used the inside information and contacts they gleaned while working for the public to cut lucrative deals once they went into business.

"Every single person who ever left county government has maximized every relationship they ever had," said Andre Fladell, a south county political broker.

And Sansbury, many said, did it better than most.

Exline votes furthered interests

While a city commissioner, Exline hung his shingle as a real estate agent at Sansbury's brokerage. During that time, Exline voted on annexation and other issues that helped increase the value of Sansbury's land. Two days before making the $50,000 payment in 2004, Sansbury also gave Exline the entire $36,400 commission from property on Evernia Street they brokered.

Sansbury didn't always have that kind of money to throw around.

He grew up on the hardscrabble dirt roads of Westgate, a still impoverished neighborhood north of Palm Beach International Airport. His father died when he was young, leaving his mother to raise three kids. Most of his friends didn't graduate from high school, but all three Sansbury kids graduated from college.

Sansbury never forgot his humble beginnings, friends say. The memory drove him to succeed. He recently served on the Westgate Community Redevelopment Agency, which is rebuilding the community.

The relationships he built served him well. When he left county government, he immediately teamed up with other former county employees. Many, like Sansbury, became potent forces in land development.

Some have been targets of criminal probes.

Richard Ellington, who grew up with Sansbury and was county attorney when Sansbury was county administrator, served four months in prison in 2004 after being convicted for his role in a corruption scandal at the county's Housing Finance Authority. At the time, Sansbury was also a county commission appointee to the authority's board.

Former West Palm Beach City Commissioner Ray Liberti, a former county planning and zoning director, is serving 18 months in federal prison for taking $66,000 in payoffs and a fancy watch during an FBI sting.

Lawyer William Boose III, a former county planning director, is under investigation for allegedly helping then-County Commissioner Tony Masilotti conceal his profit from a government land deal.

Boose was Sansbury's first business partner when he left the county administrator job - and it immediately raised eyebrows. As county administrator, Sansbury had recommended the commission buy downtown land that Boose partially owned for a courthouse. The county appraised the site for $974,000, but he estimated it would cost the county $1.3 million to $1.6 million. A consultant later recommended a different site.

Like Boose, Sansbury fell on hard times during the real estate collapse of the early 1990s. His ex-wife in 1993 took him to court for being $13,600 behind in child support payments. The IRS slapped him with two liens - one for $15,000 and another for $29,000 - for taxes that ultimately were repaid.

Headline-grabbing deals

Through it all, Sansbury kept on making deals as a developer, through his membership on countless private and public boards and as a member of the Port of Palm Beach Commission.

"His range was deep - from agriculture to the economic council," Fladell said.

Many of his deals snared headlines.

In 1991, the Florida Ethics Commission reprimanded him for steering a $3,000 port catering job to the Crazy Horse Tavern, which he partially owned. The now-defunct bar off Palm Beach Lakes Boulevard was the unofficial headquarters of the Kiddie Car Gang.

He again came under scrutiny in 1995 when he was trying to develop a maritime museum on Peanut Island with businessman John Grant. As a port commissioner, he persuaded fellow commissioners to give the museum a long-term $100 annual lease. He convinced West Palm Beach to give the museum land in Curry Park for $10 a year.

A $400,000 county grant to convert a waterfront building into a school became controversial when a county economic development board asked for an investigation. The board was upset Sansbury hadn't mentioned that his company managed the building. The county attorney found Sansbury hadn't violated ethics laws.

After snaring $1.4 million in state and county grants and 7 acres of public land, he and Grant had a falling out. Sansbury quit the museum board and was replaced by Liberti.

Ultimately, his dual roles proved too much. After serving on the port commission from 1988 to 1992, he was defeated by lawyer George Mastics, who claimed Sansbury's multiple conflicts of interests had rendered him ineffective. By then, Sansbury had to abstain from voting on anything involving the Catalfumo Cos., which leases port property, because he represented the development giant in real estate deals.

In typical fashion, Sansbury took it in stride.

"I have political baggage - some deserved, some not - but I'm not ashamed of anything I've done and I'm not bitter," he said. To prove it, he again sought election in 2000. He was soundly defeated.

No longer on Westgate board

He stepped down from his three-year post on the Westgate CRA in August because he didn't want to be again accused of having conflicts of interest. Sansbury owns property in the redevelopment area and didn't want to become fodder for yet another probe, said Koehler, who serves on the board.

For the past several months, Sansbury hasn't gone out much. On Sept. 25, while in Orlando for a Republican fund-raiser featuring President Bush and then-gubernatorial hopeful Charlie Crist, he lost sight in his right eye.

Forced to undergo at least five operations for a detached retina, he is confined to a special chair, ordered to keep his head down, sleep on his face and stay out of the sunlight in hope the retina will reattach. He also experienced problems with his left eye.

Koehler said his former drinking buddy didn't seem depressed when he talked to him several weeks ago. "John's a pretty upbeat guy," he said.

For years, Sansbury has worn the gold diamond ring he got when he stepped down as county administrator. The ring, featuring the county's insignia, was to be a gift from the county until the government's financial watchdog balked. To end the controversy, he paid for the ring with $344 county employees had given him as a going-away present.

Over the years, Sansbury has made it clear that he can weather any storm. And, he has made it equally clear, he's not going anywhere.

"I was born, raised and will pass away in Palm Beach County. I have no desire to ever leave this county."

Vote on water restrictions coming

By Robert P. King

Palm Beach Post Staff Writer

Sunday, March 11, 2007

Water managers have had enough of asking people politely to reduce their lawn-sprinkling.

This week, they'll vote on making it mandatory.

The restrictions would give residents from Palm Beach County to the Keys only three days a week to water their lawns and landscaping. Violators would face warnings or fines.

The board of the South Florida Water Management District also is scheduled to vote on tightening the mandatory irrigation restrictions already in place for growers in the Glades and parts of Martin, St. Lucie, Lee and Okeechobee counties.

The actions are set for Thursday at the district's headquarters in suburban West Palm Beach.

The cutbacks come as water levels continue to drop in the Everglades and Lake Okeechobee, the region's main reservoirs, amid a lingering dry season that followed an unusually hurricane-free summer.

The mandatory restrictions for the coast would be South Florida's first since the last drought ended, in 2002. But district spokesman Randy Smith noted that parts of Southwest Florida are under similar limits year-round.

In any case, he said, three days a week of watering is more than most people's lawns need at this time of year.

"Having to cut back a little bit on the watering of our yards, no big deal," Smith said. "The sky's not falling by any means."

But Barbara Miedema, spokeswoman for the Sugar Cane Growers Cooperative of Florida, said farmers are increasingly worried that the drought could stretch into a multi-year economic calamity.

By late April, she said, the lake might be unable to supply more than half the water that growers usually require at that time of year. And what if the coming rainy season is dry as well?

"It's kind of nerve-racking," Miedema said. "We could be in really bad shape next year, and it's next year's crop that could really be impacted."

In November, the district imposed mandatory 15 percent cuts for growers and cities that draw directly from the lake, the St. Lucie Canal and the Caloosahatchee River. The new restrictions for those bodies would increase the cuts to 30 percent.

Until now, the district has merely been urging conservation by the 4 million residents in coastal Palm Beach, Broward, Miami-Dade and Monroe counties, but the three-day-a-week watering limits would be mandatory. The cities and counties would enforce them, most likely with the assistance of residents complaining about their scofflaw neighbors.

In the last drought, the violators included Donald Trump, who faced a $9,500 fine for excessive watering at his golf course near West Palm Beach.

Watering would be banned altogether from 10 a.m. to 4 p.m. on all days, Smith said. Most communities already prohibit sprinkling during those hours, when most of the water evaporates instead of helping the plants.

Lake, restored marshes will spare waterfowl on river basin

PALM BAY, Fla. - All the bird-dogging paid off.

After a decade of delay, federal officials finally expect to have enough cash on hand to wrap up a $250 million restoration of the St. Johns River's headwater marshes.

The U.S. Army Corps of Engineers plans to move ahead this year with an up to $15 million project to create a new canal, levees and the long-awaited Lake Lawton recreation area by 2009. It culminates a 20-year restoration of the river's upper basin to its pre-farm glory. And after hunters dogged the corps, the federal agency pledged to spare any ducks along the project's fringes.

"This is the last major component to complete that project," said Pete Milam, a manager at the corps. "So it's a fairly important milestone that we're reaching with the construction of Three Forks."

Corps officials promise the Three Forks Marsh Conservation Area will absorb hurricane flooding in Palm Bay, cleanse drinking water for Melbourne, Cocoa and several other cities, keep farm fertilizers from Indian River Lagoon, and foster big bass - big time.

The last installment to the upper basin project scores a major victory for local duck hunters. They had mixed feelings at first, because the corps planned to create Lake Lawton by temporarily draining a nearby marsh known as Mary A. Hunters worried that would destroy the marsh that packed enough quacks this season to fill a bag limit within hours. They've watched other areas left drained too long clog with willows and cattails, forcing ducks out.

"We never wanted to stop the project. We just wanted to make sure as much of that pristine marsh was preserved as possible," said Jeff Kraynik, a hunting guide from Palm Bay.

Eventually, the watchdogs won. Corps officials notified the St. Johns River Water Management District recently that the marsh could be saved. The federal agency had previously said it might need to be drained to access the larger 21-square mile restoration area with heavy equipment.

The project includes filling the long-awaited Lake Lawton, a 7,000-acre lake park, delayed for a decade because of funding shortages and increase to its scope.

The corps plans to award a contract for the work in May. Construction is expected to take about 18 months. Workers will replace old farm levees and build channels to carry water to the 13,737-acre Three Forks Marsh, where Lake Lawton will be flooded. Workers will build several new levees and a new 4-mile canal about 15 feet deep and 100 feet wide at Mary A's western edge.

The corps had planned to finish Three Forks and Lawton by 1998. Dignitaries gathered there that year under a pavilion to honor Thomas Lawton, naming the site after him. The Indialantic man had helped raise awareness about drainage activities destroying the St. Johns.

Corps officials had to redesign the project and further study environmental impacts, however, as more farmland became available to expand the restoration. Then, federal funding shortages because of wars in Afghanistan and Iraq, as well as hurricane disaster response, led to further delays.

Meanwhile, the 2004 hurricanes swept out willows and cattails from Mary A marsh, opening up ideal duck habitat. This was the first season waterfowl had returned en mass, hunters said.

Ken Meehan, a bird hunter from Melbourne, distrusts officials' promises to go easy on Mary A. He's heard similar pledges before about other areas of the upper basin, which ultimately overgrew with willows and cattails when projects stalled.

"They keep draining everything. I don't know where all the birds went," Meehan said.

This day along the upper basin, he sped his airboat toward a phalanx of black coots and other ducks in Mary A marsh. Their webbed feet pattered across the water's glassy, coffee-brown surface as the fowl flapped their wings in frenzied unison.

The marsh has bristled with rebirth since hurricanes cleared its overgrowth. Airboaters must duck to avoid ducks they spook into takeoff.

But the benefits of restoring the marsh go far beyond the ecological cornucopia officials say it creates for wildlife. The marshes act as kidneys that store and cleanse water supplies for Melbourne, Cocoa and other cities along the 310-mile St. Johns, which spills out in Jacksonville.

Farmers irrigated the river's 2,000-square-mile upper basin in the 1930s and 1940s, channeling much of it into the Indian River Lagoon. That freshwater influx dilutes the lagoon's salt content, though, killing seagrass and triggering excess algae and more frequent fish kills. So in 1988, the district began building levees and plugging canals to mimic the river's pre-farm flow and steer the fresh water west.

But all the corps' dredges and $250 million couldn't put the pristine marsh Jack Horschel remembers back together again. The 83-year-old hunted a seemingly limitless supply of birds and frogs before man started fiddling with the upper basin.

"The water in the marsh used to be as clear as Silver Springs," Horschel said, standing on the levee at the edge of Three Forks Conservation Area. "It ain't so now. It's a black-tea water. Hell, they just sterilized it."

He has hope, though, he'll soon see something wilder and more conducive to ducks.

"I think they're going in the right direction," Horschel said. "We're sorry we let it happen, to go this far before we did anything about it."

___

Information from: Florida Today, http://www.floridatoday.com

County to consider trash options

Ideas include dumping Pasco's excess garbage in other counties and creating a local landfill.

By CHUIN-WEI YAP
Published March 11, 2007

DADE CITY - When Carl Roth gets up to speak at the County Commission podium on Tuesday, he will lay out, among other things, what he calls a business-driven argument against a proposed garbage pit in east Pasco.

"We're business people. We're not just whining that we don't want this in our back yard," said Roth, a retired executive with IBM and PricewaterhouseCoopers. "We're looking at this in a dollars-and-sense way."

Saying he did not want to give his opponents a "five-day head start," Roth declined Friday to elaborate on his specific case against the proposal by Angelo's Aggregate Materials for the first privately held dump in Pasco to accept raw household garbage and other trash, also called a Class 1 landfill.

But Roth may not need to elaborate.

Pasco is already poised to secure alternative solutions to its trash problem.

Commissioner Ted Schrader said he considered the Angelo's proposal a "non-issue" now, since the commission moved two weeks ago to start negotiations with another county to use its landfill.

County Administrator John Gallagher is now working to get a good price with Osceola County to buy space for up to 15 years' worth of Pasco's rubbish.

The county is also exploring contracts at underused landfills in Polk County, Schrader said.

"The need for a solid waste disposal site in east Pasco is obviously diminished," he said. "I suspect once we see what kind of relationship we have with Osceola, we could go much longer with them. ... If we can do that, that's going to extend the life of the Shady Hills facility."

Pasco's incinerator on 700 acres in Shady Hills currently can't burn trash fast enough. The search for a place to dump the county's roughly 150 tons - and growing - of excess trash a day led to the Angelo's proposal.

But the Angelo's proposal, currently under review at the state Department of Environmental Protection, also ignited a firestorm of opposition among residents.

This is where Roth and others like Cynthia Baker emerged as the leaders of an outcry from citizens that Roth suggested could number in the thousands.

The landfill company and east Pasco landowners linked to the proposed deal have sought to allay neighborhood concerns.

Angelo's planned to have a tent at today's Mercedes-Benz-sponsored Steeplechase at the Little Everglades Ranch, inviting residents to join company officials.

On March 27, Charles Waller, a Dade City lawyer who has joined Angelo's in the deal, plans to reach out to his neighborhood with a landfill project team on hand.

"I just wanted to invite neighbors and explain what's going on," he said.

John Arnold, the Angelo's engineer in charge of the project, said his company's proposal is initially for 92 acres, but both he and Waller said the property they're submitting for the county's land-use approval is more than 1,000 acres.

He said Roth's appearance at the commission is premature, given that Angelo's hasn't even reached a formal hearing for its proposal.

The dump's potential size alarms residents. They think the plan is to truck in waste from outside Pasco - perhaps even from outside the state - even though Angelo's has volunteered to the county that it would take only in-county trash.

That's not good enough for Schrader.

"What happens if they were to sell the facility to (another) company?" he said Friday. "Because of antitrust laws, we can't ban the new company from bringing in trash from other parts of the country. The company could challenge the conditions, and we could lose in court. Now we've opened ourselves up to bringing in solid waste from up and down the eastern seaboard."

Still, the Osceola deal isn't a silver bullet: What if Gallagher returns from Osceola with an unacceptable price?

"Let's hope that doesn't happen," Schrader said with a laugh.

Angelo's needs a conditional land-use amendment to properly designate the 1,000-acre property for the landfill it seeks.

Schrader, Arnold and commission Chairwoman Ann Hildebrand all said Pasco has to think through a long-term solution for its trash problem, regardless of the Osceola or Angelo's options.

"We need to plan for the future," Hildebrand said. "We need to look at recycling programs, the cost to add (an incinerator) burner, and (whether) we continue to contract outside of the county."

Chuin-Wei Yap covers growth and development in Pasco County. He can be reached at (813) 909-4613 or cyap@sptimes.com.

Townhouses may abut trailhead

The area is designated for homes, the developer says. But critics say the project would be intrusive.

By DAN DEWITT
Published March 11, 2007

RIDGE MANOR - Rebecca Mullen, straddling her bicycle Tuesday morning on the Withlacoochee State Trail, could look across Croom Rital Road at dense forest.

She likes it that way, she said, which means she doesn't like the idea of a developer building 241 townhouses across from the trailhead just north of State Road 50; the trail in this part of the county borders publicly owned natural land and is a regional center for cyclists, runners and hikers.

"I think it will certainly detract from the solitude and the park-like feel of coming here," said Mullen, 49, of Vincennes, Ind., who was visiting her parents in Pasco County.

The project's developer, Joseph Selway, said he is aware some trail users and nearby residents don't like the development, which is due to come before the county Planning and Zoning Commission on Monday.

But the project is clearly allowed by the county Comprehensive Plan, Selway said. He and Nick Nicholson, the Brooksville engineer who designed the project, said it will also help the county solve a persistent drainage problem in the nearby Sherman Hills subdivision.

Selway's 25-acre parcel, about a quarter-mile north of SR 50, is currently zoned for agriculture, but is designated for future residential use by the comp plan. The plot to the south is owned by Specialty Restaurant Corp. of California, which operates restaurants throughout the United States - including Whiskey Joe's and the Rusty Pelican in Tampa - and is zoned for commercial use.

Though the restaurant company has no firm plans to develop this property, it will do so eventually, said Selway, a real estate investor who moved from Michigan to Brooksville about four years ago. When that happens, his project will make the ideal bridge between the commercial property and, to the north, the single-family houses in Sherman Hills.

"It's a place about to boom," he said of the land near Interstate 75 and SR 50.

Selway and other partners in his company, MSW LLC, bought the land for $695,000 in January 2006, according to county property records.

Though it is listed for sale at $1.7-million, he said he has left it for sale to attract other investors and that the company plans to develop the property itself. Plans call for a 50-foot-wide buffer along Croom Rital facing the trail, Nicholson said.

As part of an agreement with the county, MSW will grant the county a strip of land through the property for a water line. This will allow the county to pump water from a flood-prone drainage retention area in Sherman Hills to the Sherman Hills Golf Club.

The townhouses are to be priced at about $150,000 and the easy access to the trail should be a strong selling point, Selway said.

But the trail won't be as attractive to potential buyers or visitors once the townhouses are built, said Joe Murphy, the conservation chairman of Hernando Audubon.

"Hernando County has done a really good job of marketing ecotourism and people come from all over the state to use that trail," he said.

The comp plan designates a 4,800-acre district to the south of SR 50 for future growth, Murphy said, and most of it remains undeveloped.

A high-density project such as Selway's would be more suited for that district, he said, "rather than one of the last wild areas in Hernando County."

Dan DeWitt can be reached at dewitt@sptimes.com or 352754-6116.

Sanford condo vote is Monday

Foes of lakefront high-rises hope a strong showing will sway a commissioner.

Robert Perez
Sentinel Staff Writer

March 11, 2007

SANFORD -- When Sanford commissioners meet Monday for a final vote on new standards for downtown development, they won't take comments from the public.

But opponents of high-rise development on Marina Island and elsewhere along the Lake Monroe waterfront promise they will pack the room to show their displeasure.

Commissioners heard from critics and supporters of the development guidelines at two public hearings last month. Opponents said they fear multistory buildings on the waterfront will blot out the view of Lake Monroe and destroy the city's downtown charm.

Commissioners approved on first reading a plan that would allow buildings up to 12 stories in some locations and as high as 110 feet on Marina Island, a man-made peninsula that juts into Lake Monroe. The approval was by the slimmest of margins, 3 to 2, and strong lobbying has gone on since then to swing the vote against the standards.

Standards being considered were supposed to prevent inappropriate development downtown, said Stephen Myers, one of the opposition leaders. But it has instead become a developer-friendly guideline for high-density projects, he said.

"The developers and similar interests have done a good job of lobbying for high density," he said.

Despite what developers say, Myers said he doesn't think high-rise condominiums are necessary for downtown Sanford to thrive. In the past, the city focused its efforts on organization, management, marketing and diversifying retail downtown. That has led to a downtown revival, he said.

"That is the same principal that companies who build and manage malls utilize," Myers wrote in a letter to commissioners. "But we have forgotten that in lieu of the latest act to come to town."

Jim Rucquoisees the development guidelines as an open invitation to developers.

"If won't be too far down the pike before the developers start moving in the heavy equipment," he said.

Rucquoi said a few additional condominiums downtown might be fine, but not the high-rises being proposed.

"As long as you don't obliterate the waterfront," he said. "But my God, 12 stories on Marina Island."

Suncor Properties owner Robert Horian has proposed building three 12-story towers on Marina Island, and another group of investors wants to build a high-rise condo tower on U.S. Highway 17-92.

The community debate about the effects of high-rises on downtown's character reflects what commissioners discussed last month.

Art Woodruff, whose district includes downtown and most of the waterfront, fought for limiting building heights to six stories for much of the area, including Marina Island. He and Mayor Linda Kuhn voted against the proposed guidelines.

Commissioners Randy Jones, Jack Bridges and Velma Williams said higher-density development is needed to bring a critical mass of people to the area, and that is what will attract corporate investment downtown.

Monday's meeting begins at 7 p.m. at City Hall, 300 N. Park Ave.

Robert Perez can be reached at rperez@orlandosentinel.com or 407-322-1298.

Railroad May Stir Growth In Polk

WINTER HAVEN - In the mid-1880s, a post office, hotel and real estate office were built in a sparsely settled community that would become Winter Haven. The draw was the newly constructed South Florida Railroad.

Now, more than 120 years later, another railroad beckons.

CSX Transportation Inc. plans to build, beginning in January, a $100 million rail transfer center on 1,250 acres in south Winter Haven north of Old Bartow-Lake Wales Road.

When completed in 2020, CSX's Integrated Logistics Center, or ILC, will employ at least 5,000 people and generate millions of dollars in economic activity each year.

It will be the seventh such rail center in the country - the first in the Southeast and the first built by CSX. The centers owe their existence to the boom in international trade and increased use of rail transport as truckers face rising costs and are slowed by more traffic. Consumer goods shipped to Florida ports like Tampa and Miami will flow through the Polk center.

"This is the wave of the future," said Daniel Murphy, a CSX spokesman.

The rail center promises to be a gold mine for Winter Haven and Polk County, supporters say.

"I don't remember any project in Polk County that was this big," said Gordon Kettle, an economic consultant to the county and professor at Polk Community College and Webster University.

Kettle said the facility could eventually be the largest employer in Winter Haven (surpassing State Farm and Winter Haven Hospital), bringing about $200 million to the area's economy each year. CSX estimates that employment at the center and businesses that come here because of it could top 8,000.

The city's property tax base could double to $22 million, said Pete Chichetto, strategic initiatives director for the city of Winter Haven. "It will change the face of Winter Haven and the county."

Bob Gernert, executive director of the Greater Winter Haven Chamber of Commerce, is awed by the magnitude of the project. "It could ensure the future of this county for years to come," he said.

Although the center is expected to bring enormous economic benefit to Polk County, it could adversely affect the lifestyles of residents at nearby Sundance Ranch Estates, some of whom recently took their complaints to the County Commission.

They said that a proposed berm between their homes and the center won't do enough to shield them from the noise and lights of a round-the-clock operation. (See related story below.)

County Commissioner Jean Reed has been concerned about the project for two years.

"It's putting something pretty industrial in an established residential area," said Reed, who lives in the Lake Eloise area not far from the proposed center. "People need to know what's going to be happening here."

phase one

CSX's ILC will be constructed in two phases on the site of the city's wastewater plant, which will be relocated and replaced at a cost of $17 million.

Phase 1 will start this summer with the state spending $10 million on a two-mile extension of Pollard Road from State Road 60 to the CSX site.

A $7 million deal for 320 acres the city plans to sell Jacksonville-based CSX is expected to kick off the project. Nearly a dozen new railroad tracks, 50-foot cranes and 100-foot-high lights will be installed to allow a 24-hour operation beginning in 2009.

Here's how the facility will operate:

Semi-trucks hauling trailers and shipping containers filled with imported goods will roll into the facility each day from Florida ports. Cranes will lift the trailers and containers onto railroad cars. Every day, three trains will leave, hauling big boxes stuffed with merchandise such as electronics and clothing.

From there, the trains can travel throughout the eastern United States on CSX's tracks. For example, a train with 250 containers filled with DVD players, clothes and other goods might stop in Jacksonville. Some of the railcars could be cut off the train in Jacksonville to be switched to a train headed for Atlanta, while the rest of the train could go to cities in the Northeast.

Shipping automobiles will also be a major business at the center, officials said.

Cargoes such as coal and phosphate would not be shipped.

The first phase of construction could produce 200 jobs with an average salary of $63,000 a year, about twice as much as the average Polk County salary. Those jobs would vary from administrative positions in the rail yard to construction positions.

phase two

The second phase of construction should lead to even more jobs.

By 2010, CSX plans to have purchased an additional 930 acres from the city for about $16 million.

The railroad company plans to build 3 million square feet of warehouse space, 1.5 million square feet of industrial sites and 500,000 square feet of office space.

The railroad will lease property to companies that need warehouse space, but CSX officials say it is too early in the process to have any businesses lined up.

In all, when construction is completed by about 2020, the available space should be equivalent to about 25 Super Wal-Marts.

Murphy expects the second phase to create 1,800 new jobs with an average salary of $43,000 a year. Some of the jobs that will be created: machine operators, maintenance workers, clerical, business and inventory, Murphy said.

When phase two has been completed, the ILC should create about 4,000 indirect jobs, or new jobs created outside the area as a result of the business brought into Polk County, Murphy said. Those jobs will range from retail jobs in restaurants and stores to construction and service jobs to provide services for the people working at the facility.

Gernert, the Winter Haven Chamber executive director, said the increase in jobs means more housing for Winter Haven. He compared the second phase of development to Lakeland's industrial park off Interstate 4 at Kathleen Road.

"We have had an economy that has been influenced by tourism and citrus for years," Gernert said. "This will be such a vast expansion from that."

In 2006, plans for the ILC got on track when then-Gov. Jeb Bush announced that the state would build the $10 million road for CSX and provide an additional $23 million for the move from Orlando.

The funds being spent locally are part of a $491 million deal with CSX for improvements in freight and passenger service. The deal includes building 61 miles of track for a commuter rail line between Poinciana and downtown Orlando to DeLand in Volusia County. That line is scheduled to be operational by 2009.

why winter haven?

In August 2005, CSX officials met with city officials about buying land in south Winter Haven.

They were looking for room to build an ILC - and Polk had room and location.

The Taft railroad yard in Orlando had become too small for the fastest-growing segment of the rail industry - shipment of consumer goods.

"Neither facility in Tampa or Orlando is adequate," said Murphy, the CSX spokesman. "They just couldn't accommodate the traffic any more."

And neither has room to expand, he said.

Last year, the state announced it would provide CSX $23 million for the move from Orlando.

The proposed $7 billion Heartland Parkway, a toll road extending 152 miles from either Interstate 4 or the Polk Parkway exit near State Road 540 to the Charlotte-Lee County line, is another draw.

The road would enable trucks leaving the new facility faster travel throughout Southwest Florida, said Tom Deardorff, Polk County's director for long-range planning.

But even without the new road - which is years away, if it is ever built - Central Polk is a good spot for the ILC, officials said.

It's located along one of CSX's mainlines and near major highways - Interstate 4 and State Road 60 - that provide links to the rest of the state, Murphy said. In addition, all 1,300 acres the railroad plans to buy are on flat land.

"In the end, this will be one of the most sophisticated ILC's in the country," Murphy said.

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

County says fixing Citrus Springs roads will take time

A commissioner says the ad valorem tax fund won't cover all repairs.

By BARBARA BEHRENDT
Published March 11, 2007

CITRUS SPRINGS - There are two things you can say about the road system in this sprawling development.

Without a map - and sometimes even with one - there is a good chance of getting lost.

And there are plenty of stretches of road where there are more potholes than houses.

At last week's County Commission goal-setting session, Commissioner Vicki Phillips warned that the issue of road maintenance has residents of the north central Citrus community concerned.

"We have a big problem looming in the future of Citrus Springs," said Phillips, whose district includes the development.

She was talking about "miles and miles of roadways that the county accepted" that apparently will need major work done.

"There's no way we're going to be able to pay for that with the ad valorem tax general fund dollars," Phillips told her fellow commissioners.

After the meeting, Phillips said she raised the issue in hopes that her fellow commissioners, especially those who are new, learn about the history of the roads.

With so many questions from the Citrus Springs community about the road conditions, she also hoped they would learn about the way the county determines how and where to make improvements.

The problem is that there are so many roads for which the county is responsible and such a limited pool of money to pay to pave, improve and replace them as they age.

Citrus Springs was approved before subdivision rules and the process for developments of regional impact were envisioned.

Citrus County had accepted some of the subdivision's roads while the original developer, Deltona, was still in the community. Then, in the 1990s, as Deltona was backing out of Citrus Springs, the county began systematically taking over the community's roads after Deltona brought them up to county standards.

In total, Citrus Springs has 436 miles of platted roadways and only 33 miles of that are undeveloped and not under county control, according to county spokeswoman Jessica Lambert.

The county has a process to choose which roads in Citrus Springs will get attention. Once a citizen or the community's Municipal Services Benefits Unit identifies a road that needs repair, the information is forwarded to the county's engineering experts.

Using engineering standards, they determine which roads are at the state of needing repairs and then prioritize based on the condition of the road. Then the road work is done as funds are available, Lambert said.

For the past couple of years, the Citrus Springs MSBU has been able to contribute funds to supplement the county funding for road improvements.

Phillips said that the funding is still not enough to meet all the needs. In the future, the county might have to consider special assessments or gas tax revenues to plump up the available funding pool.

But she did not think those discussions would happen in the near future.

Bob Johnson, chairman of the MSBU, said he didn't expect residents in Citrus Springs would like the idea of special assessments. Many believe that, since the county took over the roads, it is responsible for maintaining them.

Citrus Springs has seen large increases in property values over the last several years, he said, and there is a sentiment here that more of the resulting tax revenue needs to be spent in the subdivision.

Phillips said she has heard that concern, but people need to understand that those tax dollar increases pay for many other county services besides road maintenance.

Johnson said he understands why making complete repairs to all the roads would be tough.

The county, he said, is "just trying to preserve the base of the roads to keep them from deteriorating further, but there are a lot of streets out here.

"They don't have enough money to do nearly all the road work that needs to be done in Citrus County."

Times staff writer Catherine E. Shoichet contributed to this report. Barbara Behrendt can be reached at 564-3621 or behrendt@sptimes.com.

Nassau's future in works now

Plan will affect how growth is handled down potentially crowded road

Nassau County officials looking at rapid population growth plan to spend the next year with a microscope aimed at everything from cultural changes to future workforce needs.

A joint effort involving the County Commission and the chamber of commerce is moving into a working phase, with contract bids scheduled to be opened next week.

Commission Chairman Jim Higginbotham said he expects getting a highly detailed long-range plan together to cost around $300,000, with the chamber helping the county with the bill.

A consultant will coordinate a study to determine how regular people, business leaders and politicians alike want to see the county develop in coming decades.

A plan to shape Nassau County's future is expected to be in place by March 2008.

"We need somebody to show us where we need to be," Higginbotham said. "There's a lot of experience in a community that often goes untapped. Every community needs to do it. We're growing so fast."

The Census Bureau last reported Nassau County's population as 64,746 in 2005. A study by the Tallahassee-based growth management group 1000 Friends of Florida projects that number will climb to 100,048 by 2025 and to 157,241 by 2050.

Regina Duncan, president of the Amelia Island, Fernandina Beach and Yulee Chamber of Commerce, said the idea to create a long-range plan started about two years ago. She said what's coming together goes far more in-depth than the typical government 10-year plan, with topics including the environment, tourism and history to be mixed in among basics such as education and transportation.

"It's giving us a road map for the future of Nassau County," she said.

Duncan said plans for a forum for Nassau County's residents' ideas are not yet firm.

david.hunt@jacksonville.com,

$98 million and rising? After pinning many of their redevelopment hopes on University Corners, the three-block-long complex that developers hope will stretch north from W. University Avenue along 13th Street, Gainesville city commissioners will soon find themselves faced with a decision.

Is it worth providing more incentives to get the project commissioners want?

To build the project as commissioners and developers agreed upon will require $141 million in property tax reimbursement incentives, according to an application filed by the project's developers. That package is $43.3 million more than the city has already approved and almost five times the total of all the other redevelopment incentives the city has approved.

The additional incentives are necessary to keep second-floor retail - seen by the developers as a financially risky proposition - in the eight-story complex and to help pay the costs of assembling the properties involved and providing other features sought by commissioners.

Frank Darabi, the Gainesville-based consultant who has been the public face of University Corners in recent years, said the application should not be seen as a request by developers for more money and said it was only submitted in response to the city's request.

In providing the higher incentive figures, Darabi said developers hoped to give commissioners the option of choosing between the two versions of the project. Even without any additional incentives, developers will still go ahead with the project, he said.

Darabi said that potential financers of the $205 million project were looking for either less retail or more incentives.

Under the scenario closest to the project's original form, University Corners would include about 450 residential units and almost 98,000 square feet of retail space, including shops on the second floor that developers say would be difficult to fill.

The alternative would eliminate the 20,500 square feet of second-floor retail and replace it with about 20 residential units, which developers suggest represent a more financially sound strategy.

About half the condos will be designated as "condotels," which can be used by their owners or rented as hotel rooms. Residential units in the project will range in price from $200,000 to $1.6 million.

Commissioners, who have already given an early nod to the project, will be faced with deciding what kind of incentives the project deserves after an independent consultant reviews University Corners' proposals.

City Commissioner Jack Donovan, who chairs the redevelopment agency's board, said University Corners is still a "big, possibly transformational development" and said he'll keep an open mind when the project comes forward.

"I'm willing to hear revisions in the plan so long as it maintains its quality," Donovan said.

His decision will depend on whether the financial analysis shows the city's assistance is, in fact, needed but will also be influenced by information about the risks involved for developers with the different versions of the project.

If the project receives the approvals it needs, Darabi said crews could break ground on the project by December, almost a year later than developers originally projected.

After commissioners approved a package worth up to $98 million in tax reimbursements over 30 years in November 2005, with only Mayor Pegeen Hanrahan and Commissioner Craig Lowe dissenting, the project appeared ready to move ahead in 2006.

But a rapid rise in the price of construction materials following Hurricane Katrina forced developers to consider ways to make the project more viable, Darabi said.

This included eliminating underground parking in favor of an integrated garage, splitting some of the most expensive condominium units into less expensive and smaller condos and reducing the amount of retail.

Darabi said the developers are committed to making the project happen, noting that $28 million has already been invested by local and Daytona Beach-based developers in land-acquisition and development costs.

"We have every intention of proceeding and we have too much invested to walk away," he said.

University Corners has been the most prominent project to benefit from the Community Redevelopment Agency's incentive programs, which have promised 13 other projects a total of $31 million in reimbursements.

The incentive packages are important in bridging the gap between the types of projects that are financially feasible and those desired by the city, said City Manager Russ Blackburn, the executive director of the redevelopment agency.

These incentives allow to go forward projects that require complicated land assembly, include unique features and are of a scale not seen elsewhere in the area, Blackburn said.

"University Corners is probably the best example of why projects in the redevelopment areas need assistance to be viable," Blackburn said.

Commissioner Scherwin Henry described the project as still worthy of commission support but said an increase in the incentive was not a given.

"If they want more money, they will definitely have to put forth a good argument and presentation," Henry said. "Right now I can't say I'm supportive of adding extra money."Jeff Adelson can be reached at 352-374-5095 or adelsoj@gvillesun.com

Park dispute puts development on hold


PALM COAST -- A proposed housing development planned for the city's southwest side is in limbo after City Council members clashed with the builder over a 5-acre park.

Council members on Tuesday approved the first reading of a planned unit development for SeaGate Communities' Ryan's Landing, a 27 1/2-acre site that will include 69 single-family homes along Ryan Drive.

The agreement calls for SeaGate to set aside 5 acres of land to develop a neighborhood park -- and add play equipment and walking trails -- in exchange for recreational impact fee credits.

But SeaGate agreed only to provide the space for the park, not to equip it, said Jason Gambone, SeaGate's director of planning and community relations. In a telephone interview Wednesday, Gambone said the extra amenities could drive up costs.

"It's boiling down to economics," he said. "One of our goals is to keep house prices reasonable, especially in this market."

Last year, SeaGate asked city officials to amend the future land-use map of the area from mostly green space to a residential designation and submitted a planned unit development for Ryan's Landing. The map change and unit development would allow SeaGate to build 69 homes on the site instead of 22.

In January, SeaGate and city staff negotiated a unit development that resulted in the builder offering to donate land -- valued between $250,000 and $500,000 -- for a park.

But the unit did not win final approval from former City Manager Dick Kelton before he retired in late January.

When SeaGate and city officials met again in February, the terms of the unit development included the builder paying for playground equipment and installing a basketball court at the park. According to the new unit, the city would assume responsibility for any costs beyond $90,000.

At Tuesday's meeting, Gambone asked the council to uphold the previous unit agreement and not require the builder to develop and equip the park.

"The agreement (city staff has) given you is way out of proportion," he said. "It's not our application."

Gambone said SeaGate officials learned during meetings with residents -- required by the city -- that most didn't want a park in their neighborhood.

Councilman William Venne spoke in favor of approving the new unit.

"I personally would have no problem . . . as long as we have the land," he said.

Council members Alan Peterson and Mary DiStefano said they could approve the unit if the development included a second entrance/exit and that it not be gated.

On Wednesday, Gambone said SeaGate officials haven't decided whether they will accept the new unit and move forward with the development.

"We just don't know," he said. "It could go a number of ways."

In a telephone interview Wednesday, City Manager James Landon said the proposed change to the future land use of the area will come up for a vote by the council once SeaGate signs the planned unit development. If SeaGate doesn't sign, the change to the future land-use map may not go forward, he said.

"It would be up to SeaGate if they were to proceed with the application," he said. "Hopefully they will sign the PUD document and we'll present it to the council."

kenya.woodard@news-jrnl.com

Lien complaints target builder

By Mike Wright

A Floral City contractor known for building custom homes is being investigated for possible criminal wrongdoing by sheriff’s offices in three counties.

John Allen Gage, owner of Allen Gage Builders Inc., owes more than $160,000 to subcontractors and suppliers who have not been paid for services provided on jobsites.

County records show eight Gage customers who paid Gage for work on their homes now face liens from subcontractors and suppliers who say they haven’t been paid.

Similar liens are on record in Hernando County.

In Sumter County, a Webster woman claims she signed a contract with Gage to build a home only to later learn he doesn’t have a Sumter County contractor’s license, records show.

The Citrus County Sheriff’s Office also is investigating claims by a roofing company that Gage submitted a fraudulent lien waiver to SunTrust Bank in order to receive payment on a home he is building.

That company, Russell’s Roofing of Floral City, filed a $25,983 lien against Gage and customer Philip Bomhoff. In an interview, Bomhoff said Gage’s payment check to Russell bounced.

Gage, who has been in business since 1988, denied any wrongdoing.

“I didn’t make mistakes. I didn’t misapply funds,” he said. “I may have seen a slowdown or had a lien here or there. But I’m surely not going to pack up and leave.”

Gage made those comments to a reporter during a Feb. 21 interview at his Floral City office.

“There are some liens out there,” he said. “By Tuesday, Wednesday, every single one of them will be gone.”

He then agreed to meet with the reporter two days later to show lien releases or other documents that contested lien amounts.

Gage didn’t show for that interview. His office then scheduled another interview for the afternoon of March 7 at his place of business, but Gage didn’t show up. He did not return several phone messages left at his office.

Two customers filed complaints with the Citrus County Sheriff’s Office after they received notices of lien from subcontractors or suppliers.

Sheriff’s spokeswoman Gail Tierney said a detective’s investigation includes reviewing Gage’s bank records to determine what he did with payments received by customers.

County records show subcontractors or suppliers have liens against eight Gage customers in Citrus County. Most total less than $30,000 per customer.

James Faircloth of Hudson contracted with Gage in July to build a $359,547 home on Emerald Terrace in Lecanto, county records show. Faircloth, who was the first to make a complaint to the sheriff’s office, has four liens on the house; the most recent county inspection on the construction was Jan. 22, according to the Citrus County Building Division Web page.

Faircloth declined to comment for this story.

Most of the Gage homes in question are valued in the mid-$200,000 to high-$300,000 range. The contract on Philip Bomhoff’s ranch house on County Road 491 in Lecanto is $679,097, according to county records.

Bomhoff, a Brooksville attorney, said several subcontractors and suppliers told him that Gage hasn’t paid them, although they haven’t filed formal court liens.

“The first inkling of trouble was in August when the framers came to the house and said their checks from Gage had bounced,” Bomhoff said.

In the Feb. 21 interview, Gage suggested he had the resources to pay the liens off quickly.

“I have the capacity,” he said, “ of getting a hundred grand pretty fast.”