Administration To Allow Some Construction In Floodplains

Published: Mar 10, 2007

WASHINGTON - The Bush administration will allow some construction of homes, shops, schools, prisons, hospitals and other buildings in floodplains without formal environmental reviews, despite the lessons of Hurricane Katrina.

New regulations issued Friday by the Army Corps of Engineers also let home builders and other developers skip the reviews before filling in or altering the course of some small streams.

The waivers will apply only to developments that fill in less than 300 feet of a stream or less than a half-acre of wetlands, ponds or other waters.

Another part of the regulations, approved in coordination with other federal agencies and the White House, waives the formal environmental reviews entirely for coal companies when they bury or reroute streams with their mining wastes.

Mines, however, still will have to get written determinations from district Corps engineers that dumping their wastes will have a minimal impact on the environment.

Corps officials say the new regulations' intent is to deter developers from building on larger areas of wetland by offering them smaller ones. For example, formal reviews will be required for fills greater than 300 feet along streams that flow part of the year.

John Paul Woodley Jr., assistant secretary of the Army for civil works, said the regulations "provide clarity and certainty" while maintaining "essential levels of environmental protection."

Known as Corps "nationwide permits," the new regulations clear the way for broad types of development under the Clean Water Act as long as they have minimal harm on the environment. The regulatory updates are required every five years by Congress. The last updates in 2002 were set to expire this month.

The Corps waives formal environmental reviews for about 35,000 projects a year, most of them small ventures such as utility lines, roads and mooring buoys, officials said.

But the newest regulations elicited criticism from environmentalists and developers.

Jan Goldman-Carter, a lawyer for the National Wildlife Federation, said the regulations could encourage more home building and other development in areas prone to flooding such as New Orleans.

"We are dismayed that the Army Corps of Engineers is authorizing the destruction of our drinking water sources, streams and wetlands on such a massive scale," said Carl Pope, the Sierra Club's executive director, citing Appalachian streams buried or harmed by mining waste.

The National Association of Home Builders complained the Corps had steadily shrunk the amount of wetlands that can be filled without environmental reviews, down from 10 acres a decade ago.

"The Army Corps has whittled down the availability of these permits to the extent that they have become meaningless," said Duane Desiderio, a lawyer for the Home Builders.

No Floridians on global warming panel

By TIMES WIRES
Published March 10, 2007

Florida is considered especially vulnerable to global warming (for evidence, just check out the new issue of Sports Illustrated, which shows Raymond James Stadium, Dolphin Stadium and the St. Pete Times Forum underwater). But you won't find any Floridians on the Select Committee on Energy Independence and Global Warming. House Speaker Nancy Pelosi chose a mix of liberals and moderates such as Reps. Ed Markey of Massachusetts and Earl Blumenauer of Oregon for the panel. Republican leader John Boehner chose rabble-rousers such as Jim Sensenbrenner of Wisconsin. The question remains: Why don't we hear more from Floridians on such a big issue?

Legislators worry about pants, labels

Now that the deadline to file bills for consideration this session has passed, let's consider a couple that give pause. As in, "Lawmakers were spending time on this?" One, filed by Democratic Sen. Jeremy Ring of South Florida, states that a food is misbranded "if the label does not contain each ingredient in the food, including spices, flavorings, and color additives." Another, filed by Democratic Sen. Gary Siplin of Orlando, is entitled "an act relating to the indecent wearing of below-waist underwear." It would require that students who wear their pants halfway down their bottom be suspended for up to 10 days for the fashion faux pas.

Is a seating chart that important?

In Sarasota three local Democratic Party leaders quit Thursday in a dispute sparked by the seating chart for a weekend gala, gutting the party's upper ranks just days before a pivotal city election. The Sarasota Herald Tribune reported that former county party chairman Henry Bright and his wife, Virginia, resigned when they discovered they would have to sit next to - and possibly take the stage with - their rival, Harold Miller. Current chairman Phil Rains responded to their resignations by resigning himself, frustrated because his attempt to broker a peace accord between the warring factions had backfired. "Once I got involved in the seating arrangements, I realized that a potential problem could arise," Rains said in an e-mail. It's not the first time a big party function has caused fallout. GOP and Democratic leaders in the region all have had their turbulent events, fighting over menus and seating charts. But rarely do such spats cause this much upheaval just days before a party's biggest fundraising event of the year. The Democrats are flying in U.S. House Majority Whip James Clyburn, D-S.C., to be the keynote speaker.

On the agenda

On Monday, the state's dimming budget forecast is expected to grow even gloomier when new tax revenue figures come in. Resigned lawmakers have quietly begun putting together lists of possible budget cuts. This will be a significant challenge to the optimism that Gov. Charlie Crist has created in Tallahassee thus far.

Masses of Seaweed Stink Up Coastline

SARASOTA - Clumps of seaweed the size of hay bales are undulating in Gulf waters and are washing ashore from Fort Myers to Anna Maria Island.

A 3-foot-wide mat of seaweed stretched for miles Thursday along Manasota Key as beachgoers wrinkled their noses at the rotting smell.

On Siesta Key in Sarasota, county beach managers have already spent more than $130,000 to dispose of more than 2,200 tons of unsightly seaweed since October.

This is just the beginning of the season when red seaweed usually starts to proliferate, said Brian LaPointe, a marine biologist hired by the state to study nuisance seaweed in the Gulf.

And it looks like more seaweed is on the way because of dry weather and the accumulation of nutrients on the ocean floor, LaPointe said.

The seaweed is a type of algae commonly referred to as red drift. It looks like tangled mats of hair on the beach and is more a nuisance than a health threat.

Unlike red tide, a microscopic algae that kills sea life, red drift produces no toxins.

Swimming in it, however, can cause rashes in some people.

"It needs to be in the trash can," said Charles W. Gross, a Rotonda resident who was fishing on Englewood Beach on Thursday.

LaPointe has been studying red drift algae on the Gulf coast ever since a particularly bad bloom in 2004 dumped piles of the smelly stuff knee-deep onto Fort Myers beaches.

This year's bloom could rival that of 2004, LaPointe said. He said he has never seen a documented case of more red drift algae in the Gulf.

The algae attaches to rocks, coral and the shells of worms that live in the sediment. Waves rip the algae from its foothold and send it drifting until it dies and sinks or washes ashore. Red drift algae normally starts to grow when the Gulf waters turn crystal clear in the dry season and they begin to really take off after the first spring rain, LaPointe said.

By the fall, when the water is more murky, the seaweed tends to subside.

This year it did not, LaPointe said.

He expects the problem to become worse in areas where red tide hit hard in 2005.

After red tide killed off thousands of fish that year, the fish sank to the sea floor and began to decay. The decay robbed the water of oxygen and created a 2,000-acre dead zone from Sarasota to Tampa Bay. Dead matter rotted into nutrients that LaPointe said are still at the bottom of the Gulf.

The red drift algae taps those nutrients to grow. Nutrients also accumulate in the Gulf from the air and from rivers such as the Caloosahatchee and the Peace, which carry land-based nitrogen and phosphorus, LaPointe said.

"What we're seeing is nutrients building up in the sediments from these past several years," LaPointe said.

Wayne Genthner, a boat captain who runs daily charters out of Sarasota Bay, said red drift algae has been floating about a half mile to two miles offshore of Coquina Beach for a few months, but in the past couple weeks it has grown worse.

On Thursday, he compared the globs of algae to hay bales and said he mistook one clump for a large sea turtle.

"When you've got balls of algae the size of sea turtles floating around out there, there's something wrong with that," Genthner said.

Kate Spinner writes for the Herald-Tribune in Sarasota.

State questions plans for N. Florida resort

By CRAIG PITTMAN
Published March 10, 2007

The massive hotel and condominium resort a St. Petersburg surgeon wants to build in rural Taylor County suffered a major setback this week, drawing severe criticism from the state's growth planning agency.

The Magnolia Bay Resort has generated controversy because it calls for blasting a 2-mile-long channel through the Big Bend Seagrass Aquatic Preserve, the state's largest aquatic preserve and one of the largest stretches of uninterrupted sea grass in North America.

Now, the state Department of Community Affairs has told Taylor County officials that their land-use agreement with Dr. J. Crayton Pruitt violates the law, shuts out public participation and blocks state oversight.

If the county sticks to its guns, the agency warned it will sue "to prevent the violation or circumvention of state law."

Advocates of strong growth management hailed the three-page warning shot as a signal of how Gov. Charlie Crist's administration plans to deal with environmental and growth issues.

"In the past, the benefit of the doubt would go to the local government," said Charles Pattison of the group 1,000 Friends of Florida, which favors tight regulation of growth. "Now DCA is looking at what's in the public interest, from the standpoint of what the law says."

Tom Pelham, the veteran planner Crist tapped to head up the agency, "is very consistent in trying to enforce the letter of the law," Pattison said. "He has said he's going to be looking at things in particular for their environmental and natural resources impact."

That means a project like Magnolia Bay "is definitely going to get their special scrutiny," Pattison said.

Pruitt's developer on the resort, Chuck Olson of Treasure Island, has sent a letter to the state that says, "I respectfully disagree with the position expressed in your letter." He promised to review it with his attorneys and respond in greater detail.

Taylor County's top building official, Danny Griner, said the county has not decided how to reply to the state's letter, which was signed by Charles Gauthier, director of the Division of Community Planning.

Pruitt and Olson want to build enough condominiums to add 7,000 residents to Taylor County, along with a hotel, a helicopter landing pad, a public aquarium, a marine science laboratory and 280,000 square feet of commercial space - all on 500 acres of swamp and salt marsh that the local residents call Boggy Bay.

The golf course and RV park would come later.

"I think it's going to be a neat thing for Taylor County," Pruitt said last year.

Currently about 19,000 people occupy the 1,042 square miles of Taylor County. That's roughly 18 people per square mile. By contrast, Pinellas County has more than 3,000 people per square mile.

But the development won't work without the channel - 2 miles long, 7 feet deep and 100 feet wide - to provide boaters with access to the Gulf of Mexico through the shallow, nearshore water, Pruitt said. He has expressed confidence that all the sea grass along the channel's route could be transplanted.

Living in the Big Bend sea grass beds is Florida's last big, stable population of bay scallops. The scallops are so plentiful off Dekle Beach that every summer boaters from across the South swarm down to harvest them.

Building a marina with 374 wet slips, dry storage for 499 more boats and a public ramp that can handle up to 300 vessels a day would make access to the Gulf of Mexico far easier for the public as well as Magnolia Bay's customers, Pruitt has said. A new Web site set up to promote the project says it's "Sharing Taylor County's Coastal Coastline."

But marine biologists say the channel and the development would destroy the scallops' habitat, disrupt the natural flow of water in the preserve and funnel in polluted stormwater runoff.

Although groups ranging from the Florida Wildlife Federation to the Gainesville Offshore Fishing Club oppose Magnolia Bay, the project has been strongly endorsed by Taylor County's Chamber of Commerce and its Development Authority.

Under Taylor County's land-use plan, the 130 acres that would house the project is listed as agricultural.

But the development agreement between the Taylor County Commission and Magnolia Bay said the county wouldn't change its land-use plan all at once.

Instead, it said, "the developer intends to request several small comprehensive plan amendments" of 20 acres or less that together would add up to 130 acres.

But that's not what the law requires, Gauthier wrote in the letter he sent Wednesday to Taylor officials. The law requires considering all 130 acres together, since it's all one project, he wrote.

The reason: Small plan amendments avoid public hearings and state review, Gauthier noted.

"Given the irreplaceable environmental resources in the area of the Magnolia Bay proposal," he wrote, "it is of the utmost importance to have appropriate state and regional oversight and public input into any comprehensive plan amendments. ... It is very clear on the surface that the proposed resort will present extraordinary issues in regard to the protection of natural resources and exposure of life and property to natural hazards."

Some critics of the project have questioned the wisdom of building Magnolia Bay in Dekle Beach, where in 1993 a massive tidal surge from the no-name storm killed 10 people and destroyed 57 of the 70 houses.

Rick Causey, a local critic who has accused developer Olson of punching him during what had been advertised as a public meeting on Magnolia Bay, said that during the 2005 hurricane season he saw the water rise 4 feet under his stilt house at Dekle Beach.

The Magnolia Bay project faces more hurdles.

It has yet to get the state and federal permits that it needs to fill wetlands, and it needs permission from the governor and Cabinet to alter state-owned submerged land. So far, no Cabinet hearing date has been set, state officials say.

"We're not trying to sneak anything over on anybody," Pruitt said last year. "We're following all the rules."

St. Johns road's money hinges on stalled development

The bulk of costs for projects to improve the road's heavily traveled interchanges with U.S. 1 and with Interstate 95 were supposed to be covered by a developer now in financial trouble.

Florida Department of Transportation officials presented plans for the County Road 210-U.S. 1 interchange in a public hearing Thursday but said there's no clear funding source for the bulk of the $90.7 million in needed improvements.

"Who knows what's going to happen next? Where the funding comes from is between the County Commission and the developer," said project manager Debrah Miller.

The outlook for the future interchange seemed more reliable in May 2005, when St. Johns County commissioners approved a development known as the Twin Creeks Development of Regional Impact under the condition its developer, then Transeastern Properties, paid for most of the road project. The development, which straddles County Road 210, was supposed to reach its buildout in 2010.

So far, no building has taken place.

Just two months after commissioners approved the project, Technical Olympic USA announced it was taking over Transeastern's homebuilding assets. In the year and a half since then, real-estate sales have plummeted and the acquisition has failed to draw the capital expected.

Technical Olympic recently announced it lost $143.6 million because of the Transeastern deal. The company's stock dropped from $18.09 a share in June to $7 a share in November. Now the company is involved in a class-action lawsuit with its shareholders and in a suit with Deutsche Bank, which is demanding Technical Olympic repay its loans for the $840 million purchase in full.

In a recent statement, Technical Olympic said it had "commenced settlement discussions" with Deutsche Bank, but it stressed the discussions were preliminary. If the company is held liable for the money the bank has requested, the release said, it may have to "consider all of our alternatives in restructuring our business and our capital structure."

"I really don't know what's going to happen with Twin Creeks. I think it's on everybody's radar," said James Bennett, a transportation department engineer. "We're wondering whether they're going to move forward, and we're not sure if they will or when they will."

While the future of Twin Creeks remains on hold, the need for the traffic improvements is growing for County Road 210, a major east-west route and a designated hurricane evacuation route.

Residents who live on County Road 210 West and commute to Jacksonville feel the effects of increasing traffic every morning and night in traffic jams between their road and I-95. Those traveling east or west on County Road 210 near U.S. 1, including Nease High School students, have similar holdups at the two intersections between the highways. It's especially difficult on the west intersection, which is about 100 feet from a Florida East Coast Railway crossing.

The transportation department plan would create an overpass so motorists could travel above the railroad crossing and above U.S. 1. The change would get rid of a mile-long stretch where the two roads overlap, instead connecting the west end of County Road 210 directly to the east end of the road. A half cloverleaf interchange consisting of two loops and two ramps would replace the current east intersection between the two highways. A dogleg intersection on the west side would be replaced with ramps.

Talks on mine's rezoning halted

By DAN DEWITT
Published March 10, 2007

BROOKSVILLE - Jake Varn, a Tallahassee development lawyer, set up a series of meetings with county commissioners Thursday to discuss Florida Rock Industries' plan to build a massive subdivision on the grounds of its rock mine north of Brooksville.

But before the meetings could start, County Attorney Garth Coller advised Commissioner Rose Rocco that the rezoning of the mine is considered a quasijudicial matter.

He told her that meeting with Varn and other Florida Rock representatives would violate state law and taint her future decision, she said, just like the ruling of a judge who had discussed a case with a lawyer outside of court.

"Basically, there was no meeting because there was nothing we could discuss without jeopardizing what they wanted to do," Rocco said.

Coller, citing attorney-client confidentiality, said he could not comment on his advice to Rocco. But he did say his position has not changed over the years and that it is backed up by law.

"That statute speaks for itself. It's very clear," Coller said.

In practice, though, developers and their representatives routinely meet in private with commissioners to talk about projects, said Linda Shelley, a lawyer who works at the same firm as Varn and has been involved with Florida Rock's plans.

"Most local governments allow people to talk to local officials," said Shelley, the former secretary of the state Department of Community Affairs. "Theoretically, you could take it to an extreme where nobody could talk to an elected official."

At least on a future zoning case, she said.

By law, those cases are considered quasijudicial hearings, meaning the elected officials must cast votes based only on information provided at the meetings.

Florida Rock, which wants permission to build golf courses, shops and about 4,500 houses on its 4,282-acre rock mine, is also requesting a change to the comprehensive plan. Developers are allowed to discuss comprehensive plan matters with individual commissioners outside of public meetings.

That, originally, was Varn's intention, Rocco said, but Coller said it was impossible to separate comprehensive plan questions from zoning issues. Tom Barnette, who said he plans to work as a public relations consultant for Varn's firm, was also at the aborted meeting Thursday; so was Cliff Manuel, president of Coastal Engineering Associates, as well as Florida Rock officials.

Commissioner Diane Rowden said she was surprised Coller took such a strict line. In the past, for example, representatives of Sierra Properties LLC have talked with her about their plans for the Hickory Hill subdivision in Spring Lake. So have citizen activists who oppose the development.

But she also approved of Coller's advice and disagreed with a suggestion from Barnette, who was formerly a registered lobbyist for Sierra Properties, that the county pass a law allowing private discussions about zoning.

But she did agree with him on one other point: Both said they favored holding a workshop to allow residents and Florida Rock's representatives to talk about the future of the mine, which is nearly played out.

"The best solution to educating the commissioners is to hold a workshop so things are completely transparent and open," Barnette said.

"I think these decisions need to be based on the facts," Rowden said. "Lobbyists are always going to slant the information in their favor and make it sound wonderful."

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

Time runs low on effort to save Hialeah track

It was once known as ``the world's most beautiful race course.''

Now only slivers of that beauty peek through the fences and locked gates of the privately owned Hialeah Park. And the talk about town is that it could turn into a sprawling development of homes and stores.

Enter Alex Fuentes, 29, a Hialeah resident who wants to preserve the park and a piece of local history.

''This is where Seabiscuit first raced, this is where world leaders would come on the weekends, this is what put Hialeah on the map,'' said Fuentes, founder of Citizens to Save Hialeah Park. ``This is something everyone should be fighting to preserve. Saving Hialeah Park is not just a Hialeah issue.''

In a sign of solidarity with the 250 signature pink flamingoes still housed behind the park's locked gates, the group will don pink shirts and protest in front of the East 32nd Street entrance, beginning at 2 p.m. today.

But time is running out for Fuentes, his followers and the famed park.

The Hialeah Park Race Track first opened its doors on Jan. 15, 1925. Through those door walked the likes of Winston Churchill and Joe Kennedy. Socialites and dignitaries rode special trains from Palm Beach to spend the afternoon among the royal palms and towering Australian pine trees.

It was where famed racehorses like Seabiscuit, Seattle Slew and Citation displayed their prowess before making it big at the Kentucky Derby and the Preakness.

By the end of 1979, the racetrack landed on the National Register of Historic Places.

But as interest waned for horse racing in the 1990s, and competition for games dates increased with Calder and Gulfstream race tracks, the park drew fewer visitors. By May 22, 2001, Cheeky Mist would be the final horse to win a race at the park.

Though the park remained open for visitors and for wedding receptions, its doors were shut to the public last December after failed attempts by owner John Brunetti to regain the racing license removed by the state Legislature in 2003.

Last January, Brunetti, submitted to the South Florida Regional Planning Commission a proposal to construct 3,760 condominiums, and almost one million square feet of commercial shopping space. The commission raised questions about the project's density and asked for changes.

Meanwhile, the park's past was fading fast. In November, the Hialeah City Council swiftly approved a measure declassifying the historic designation of the horse stables. In January, a bulldozer tore them down.

Hialeah Mayor Julio Robaina called the stables, which had suffered damage from Hurricane Wilma, an eyesore that was causing a rodent problem for neighboring businesses.

The final clincher for Fuentes' group in came in February when the City Council approved a measure calling for the creation of five ''new business development districts'' throughout the city. Two of the proposed development areas, with buildings of three to seven stories, would be located on Palm Avenue and East Fourth Avenue -- land that runs parallel to the park.

Robaina assured the more than 200 residents who crammed into every seat of the council chambers for the Feb. 13 vote that the development districts ``had nothing to do with Hialeah Park.''

''I would like to see as much of Hialeah Park preserved as possible,'' Robaina said in a recent interview. ``It would make a great central park for our city. I can envision cafés and art galleries and people walking across the street to the park. Hialeah Park was a great economic engine for this city and it can continue to be.''

On Brunetti's front, it could be another year before another development proposal is submitted, said Esteban ''Steve'' Bovo the park's asset manager, and also Hialeah City Council President.

''Brunetti's heart is not in developing in Hialeah Park,'' Bovo said. ``He's put in money out of his own pocket to keep this place afloat. But what do they want him to do, continue subsidizing a place that is not generating any income?''

Not even the park's designation as an historic landmark by the federal government can prevent its redevelopment as condos or a shopping mall, said Frank Miele, a senior historian with the National Park Service in Atlanta.

''The designation as a national historic landmark does not imply that we can keep the property owner from exercising their rights as a private owner,'' Miele said.

Locally, there is little Miami-Dade County's Historic Preservation Department can offer. That's because Hialeah opted in 1981 to create its own historic preservation board rather than join the 22 other municipalities covered by the county's board, said Rick Ferrer, a historic specialist with the Miami-Dade Historic Preservation Department.

''The responsibility falls strictly on Hialeah,'' he said.

For now Fuentes and the core group of dozen or so supporters will continue to champion their cause.

''This was the footprint for our city,'' Fuentes said standing outside of the park. ``We can't just let it become another empty parking lot.''

Panhandle city would rather have oaks than palm trees

By ASSOCIATED PRESS
Published March 10, 2007

FREEPORT - City leaders in this northwest Florida town hope to ban developers from replacing native trees like live oaks and longleaf pines with palm trees.

Although palm trees line the highways and beachfronts of South Florida, and are considered by outsiders as symbolic of Florida as pink flamingos, they aren't native to northwest Florida, said Freeport Mayor Mickey Marse.

Northwest Florida developers use palm trees to cut costs, he said.

"They have to replace what they tear down," he said. "So the cheapest thing going is palm trees."

The city wants live oaks, longleaf pines and other hardwoods preserved and planted, he said.

Under city regulations, developers must replace part of any vegetation they tear down during construction. Under the proposed regulations, palm trees would no longer be acceptable replacements in any new developments that come before the city for approval, Marse said.

Developer Shelton Stone told the Northwest Florida Daily News that he likes the plan.

Freeport does not need to look like Miami, said Stone, who is building a large housing development north of town.

"(Palms) look out of place," he said.

But resident Loma Brown said she doesn't see what the big deal is about the palm trees.

"I don't see anything wrong with it, myself," she said.

Growth vote is battle of signs

Charter vote will decide future of growth in South Sarasota County cities.

By JOHN DAVIS and PATRICK WHITTLE

john.davis@heraldtribune.com
patrick.whittle@heraldtribune.com
North Port's City Hall Boulevard is dotted with blue signs asking voters to choose "no" in Tuesday's referendum, a law change that pits slow-growth advocates against local politicians and residents who see development as vital to this city's future.

The signs are among many examples of elected officials, developers, environmentalists and neighborhood groups politicking in the final days before the vote.

The law change, if approved, would give Sarasota County control over the development of land annexed by cities including North Port and Venice. Approval of the referendum would be a victory for county government, which has for years pushed for stricter growth controls in the county's southern end.

County commissioners have spent the weeks leading up to the vote lobbying neighborhood associations and interest groups to vote in favor of the amendment. Local groups from the Council of Neighborhood Associations to ManaSota-88, a local environmental group, have agreed.

Green signs that say "Control Growth Yes" have even popped up in Sarasota.

But other voices oppose the referendum.

The Venice Area Chamber of Commerce called the charter change rushed and voted not to support it. North Port officials have set up a Web site and bashed the referendum at public events.

All the lobbying is not translating into a rush to the polls. Early voting has so far been low; only 4,007 people out of about 250,000 registered voters in the county had voted at the close of business Thursday. And there is only anecdotal evidence to suggest who is winning the war of words.

County Commissioner Shannon Staub, who represents southern Sarasota County, has pounded the pavement in Englewood and Manasota Key to drum up support and said most residents seem in favor of the proposal.

"The overwhelming opinion everywhere I go is 'slow growth down,'" Staub said. "The sentiment is, too much is happening too fast."

The vote follows the January approval of a joint planning agreement designed to guide growth and development in the North Port and Venice areas for 25 years.

Several North Port officials have said the referendum is unnecessary because of the joint planning pact. And they've turned to the Internet for support.

North Port's official city Web site states: "Sarasota County should have 'A' say, not 'THE' say in how North Port develops."

Sarasota County government's Web site counters with a new Web page dedicated to informing residents about the amendment vote. The page is impartial, but the commissioners who run the county are not.

"I voted for" the law change, Staub said.

Some business people and officials in the southern Sarasota County cities are trying to push the idea that the new development law interferes with the cities' home rule.

Venice Area Chamber of Commerce president John Ryan said his group believed the joint planning agreement was enough.

The county "has set the tone for a new level of distrust between the cities and county," Ryan said.

ManaSota-88 director Glenn Compton said the group is more interested in environmental protection than government relations. ManaSota-88 sent out a mass e-mail this month supporting the referendum because of the potential impacts of growth on the environment.

"If you're going to plan for at least a doubling in population in his area, then growth will have a significant impact on our environment and our quality of life in the future," Compton said.

Some North Port city commissioners are pushing the idea that the county is equally responsible for southern Sarasota County's suburban sprawl. The city commissioners voted not to spend any money fighting the measure. But that hasn't stopped some of them from bashing the County Commission.

"We're rewarding the county for the traffic gridlock ... for a lot of development that they've approved," said North Port Commissioner Barbara Gross.

Peace River plan just 'talk'

By KATE SPINNER

Kate.spinner@heraldtribune.com

Without a funding plan or a strategy, a proposal by state regulators to conserve more land in the Peace River watershed is just talk, elected officials and environmentalists say.

In a management plan meant to guide restoration of the Peace River, the state Department of Environmental Protection suggested that local and state leaders work together to acquire land along the river.

But the plan offers no funding strategy or guidance on how to start the process of acquiring land in the Peace River watershed, which has lost at least 31,000 acres of wetlands since 1979.

It is up to the state Legislature to provide money and direction to implement most of the management plan. Some legislators said the plan offers too little detail for any sort of action to be taken now.

"We need to see which lands and what kind of price tag we're looking at," said state Rep. Paige Kreegel, a Punta Gorda Republican. "Until you get nitty-gritty detail, talk's just that, it's coffee talk."

The Peace River begins in Polk County near Bartow and flows 100 miles west until it reaches Charlotte Harbor. The river is vital to the health of the harbor and is a major source of drinking water for the region.

A lengthy study that the DEP used to create the management plan documented alterations to the river's watershed that led to the loss of 343 streams, 600,000 acres of forests, and 137,000 acres of wetlands between 1940 and 1999.

Phosphate mining and intense agriculture caused most of the damage during those decades.

Buying land in the watershed, or obtaining the right to use it, is one of several strategies the DEP proposed to reverse the damage and to prevent more harm in the future.

Dee Ann Miller, a DEP spokeswoman, said DEP will meet with its lands division and local leaders to plot out the land in the 2,400-square-mile watershed that needs to be protected. At the same time, they plan to discuss an acquisition and funding strategy.

It is premature to talk about money, Miller said.

Buying land to protect the river is not a new idea and historically it has not been a simple task.

The Southwest Florida Water Management District has been using state funds to buy land in the Peace River watershed for years and has so far bought or obtained conservation easements for 43,400 acres.

Earlier this month the district identified an additional 120,000 acres it would like to acquire in the watershed.

Money is the obvious obstacle, but convincing land owners to sell their property or put it under a conservation easement is another, said Fritz Musselman, director of land resources for the water management district.

"It's a voluntary program, and if a landowner doesn't want to sell their property, you don't buy their property," Musselman said.

About seven years ago, the water district tried to buy 60,000 acres along Horse Creek, which provides 15 percent of the Peace River's flow and is viewed as one of its most important tributaries.

The district could not buy the land because the mining companies and a few farmers that owned it would not sell.

There is no indication mining companies will now willingly sell their property before they extract the ore.

David Townsend, a spokesman for the Mosiac mining company, said the company owns its land because it wants to extract phosphate there. The phosphate is primarily used as fertilizer.

Mosiac, the world's largest producer of phosphate, owns 250,000 acres in central Florida and mineral rights to another 80,000. More than half of those lands lie in the Peace River basin, Townsend said.

Miller said the DEP's goal to acquire more land in the watershed does not necessarily mean buying land.

She said the agency will ensure that Horse Creek is protected through conservation easements stemming from permits that are pending for mines that lie in the creek's watershed.

"We are working toward that end in acquiring conservation easements through regulatory mechanisms," Miller said.

Bill Dunson, a former biology professor who has studied the effects of phosphate mining for Charlotte County, said he has no faith in the state agency to protect land through regulation.

"All they do is sit up there and make regulations that usually never work," Dunson said.

He said the only thing that works to protect natural resources is buying land.

All the money spent on studies, regulation and lawsuits, he said, would have been better spent buying land.

Charlotte, Sarasota and Lee counties have spent $12 million in legal fees to battle permits DEP issued for phosphate mines in the region.

Those battles partly explain why the Legislature in 2003 ordered the DEP to create a management plan for the Peace River. The study and management plan cost $750,000.

Glen Compton, of the environmental group Manasota-88, said he is skeptical about the DEPs proposals. But he said it is heartening the agency is taking a closer look at the Peace River.

"DEP really has been brought into land acquisition and restoration a lot of times through litigation," Compton said. "Only time will tell if the study will be of benefit or not."

Conservationist's historic house won't get new home after all

Maya Bell
Sentinel Staff Writer

March 10, 2007

MIAMI -- Facing a public outcry against moving Marjory Stoneman Douglas' house, state officials have decided to keep the modest cottage where Florida's pre-eminent conservationist lived and died -- on a winding Coconut Grove street now dotted with million-dollar-plus homes.

That means the one-bedroom bungalow where Douglas penned her classic, The Everglades: River of Grass, will not be chopped in two and hauled down the Grove's narrow streets to a more accessible tourist attraction in another city.

What remains up in the air, however, is how land managers will turn the historic abode that the state purchased 15 years ago into a museum. The answer might come at a future public hearing.

"Maybe someone will come up with an idea we haven't," Sarah Williams, a spokesperson for the state Department of Environmental Protection, said Friday. "Our goal is to do what the public wants, and make most people happy. We know we can't make everybody happy."

Indeed, the fate of the 943-square-foot, wood-and-stucco cottage has pitted preservationists against conservationists, and many of Douglas' neighbors on Stewart Avenue against each other since Douglas died in 1998 at age 108.

Some supported a plan by the Land Trust of Dade County, which manages the Douglas estate, to move the house to Fairchild Tropical Botanical Garden in neighboring Coral Gables. Douglas helped found the garden in 1938.

Trust president Sallye Jude recruited Fairchild as a resting place for the house after some of Douglas' well-heeled neighbors objected to Jude's "grandiose" plan to build a two-story visitor center open to busloads of schoolchildren next to the Douglas lot.

"It just doesn't belong in this neighborhood," said Richard Grossfeld, a businessman whose property across the street is valued at $1.8 million. "As far as public interest goes, it'd be better off where the public has more access to it."

Others were aghast that the state would even consider moving the Douglas abode from the land she acquired in 1925. As William "Toby" Muir, Douglas' personal attorney and lifelong Stewart Avenue neighbor said, "You can't pack history like a suitcase."

Last year, as word of the state's support for the trust plan spread, leaders of the Friends of the Everglades, which Douglas founded in 1969, and a growing number of Miamians joined letter-writing and lobbying campaigns against the move.

Founders of the King Mango Strut, a counterculture parade that spoofs current events, even organized a throng of "Marching Marjorys." Dozens strong, they donned Douglas' trademark cotton dress, straw hat and thick eyeglasses, and carried protest signs in last December's parade.

Apparently, state land managers listened. Citing the estimated $500,000-plus cost of the move -- which Williams said the state cannot afford -- and the growing "public interest" in keeping the house where it is, she said the state will now return to the drawing board.

Maya Bell can be reached at mbell@orlandosentinel.com or 305-810-5003.

Traffic can make visitors wish they weren't here

Traffic has surpassed crime as the No. 1 complaint among Miami tourists. South Florida motorists can relate.

dhanks@MiamiHerald.com

When George and Sue Kremer left Michigan for a South Florida vacation, they didn't expect to spend quite so much of it inside a rental car.

''What should take 15 minutes, takes 45 minutes,'' George said of navigating the traffic between his family's rented condominium in Miami and the sands of Miami Beach. Added Sue: ``I think the drivers here are crazy.''

Surveys show traffic has overtaken crime as the top concern among Miami visitors, a milestone in the region's evolution from edgy tropical outpost to booming metropolis.

Last year, 19 percent of Miami-Dade County's overnight visitors named traffic or overdevelopment as their main gripe about the destination, according to a recent report from the Greater Miami Convention and Visitors Bureau. That's up from 11 percent in 2004.

Only 1 percent of the 5,400 tourists surveyed cited safety -- a significant shift for a vacation spot shaken by the murder of a German vacationer in 1993.

''I'd much rather have us criticized for something that's universal -- and just inconvenient,'' said Bruce Turkel, the Coconut Grove advertising executive responsible for the Bureau's marketing campaigns since the 1990s.

The 1993 slaying, part of a series of violent crimes against tourists, attracted media coverage worldwide and sparked a decline in European visitors. It also served as a grim sequel to Miami Vice, a 1980s television series that portrayed the area as crime-ridden but also fun and sexy. A 2004 bureau report found 40 percent of travelers still cited crime as their main reason for not picking Miami as a vacation spot.

It's unclear when traffic passed crime as Miami-Dade tourists' top complaint. Executives at the tax-funded Visitors Bureau did not respond to several interview requests this week. The 2006 study noted a ''drastic'' drop in fears of crime from international visitors over the last several years.

The increased griping about traffic probably won't surprise local drivers. A 2005 study by the Texas Transportation Institute ranked the region as the sixth most congested in the country, up from 13th in 1995. And a 2006 survey by the AutoVantage automobile club found Miami had the worst road rage and the rudest drivers in the nation.

When the Super Bowl came to Dolphin Stadium last month, Sports Illustrated writer Peter King posted a scathing critique of his 26-mile trip through South Florida, calling Biscayne Boulevard a ''war zone'' that helped stretch his drive to the 100-minute mark.

''When you invite everyone in the world into your state, Florida,'' King wrote, ``it would be a nice idea to keep the infrastructure up.''

For Sue Kremer, an executive assistant in Kalamazoo, South Florida motorists caused her more stress than South Florida roads. She recalls sitting at a red light with her right-turn blinker on as traffic whizzed by the intersection. One car back, a man beeped his horn. Then the light turned green.

''The guy charged around me, and stopped right in front of me,'' Kremer recalled as she browsed at the Bal Harbour Shops. ``Then he kept going at a snail's pace.''

Traffic tends to irk tourists in most major cities, said Jim Caldwell, vice president of marketing for D.K. Shifflet & Associates, a McLean, Va., travel research firm. ''Signage is a part of that -- not knowing where to go, not knowing how to get to the airport,'' he said.

But even as tourists complain more about traffic, South Florida's vacation industry is taking comfort in the competition. Stuart Blumberg, president of Miami-Dade's largest hotel trade group, said he doesn't see how traffic could even register as a drawback here.

''I was in New York last weekend,'' he said. ``You want to talk traffic?''

Complaints against builder in Osceola, Polk pile up

Mark Pino
Sentinel Staff Writer

March 10, 2007

FOUR CORNERS -- The state Attorney General's Office is reviewing the actions of a Florida developer based on new complaints that the company took hundreds of thousands of dollars in deposits but has not built the homes.

Sandi Copes, a spokeswoman with the Attorney General's Office, said the new complaints followed an Orlando Sentinel article on the developer, British American Homes LLC, that ran last month. The office had received six complaints in about 16 months prior to that and forwarded the matter to another state agency, the Department of Business & Professional Regulation.

"In light of DBPR's recommendations that we re-examine and in combination with new complaints, we are making a second informal review," Copes said this week.

Two couples have sued the developer in a class action in Miami-Dade County; their attorney says 100 other investors want to be included. Most are British citizens. The suit claims the company "misappropriated" deposits on vacation homes. Seven others filed separate suits against the company in Osceola circuit court.

The investors are seeking deposits of as much as $78,000 that they put down starting in 2004. Though the company had said it was developing a 243-unit subdivision on 120 acres in Osceola County, it has yet to receive county-required permits that would allow it to begin construction.

A trailer, lime-rock parking area and signs with the name Elliot's Landing were at the site this week, which showed signs of some tree clearing. A county spokeswoman said Thursday that the permit for the trailer was put on hold last year and the developer was going to have to remove it. The county was also investigating the removal of 100 trees without a permit.

"We are aware of it and investigating and will assess penalties accordingly," said spokeswoman Niki Whisler. The developer could be fined $250 per day for a first offense, and up to $5,000 per violation if the damage is irreparable, said Whisler, citing state law.

In addition, the company took thousands of dollars in deposits on another development in Polk County, other investors told the Sentinel. But attorneys said the company did not own the land, and a Polk County planner could find no record of a project planned there.

A Web site hosted by Investment Property Shop states that British American Homes' Chelsea's Landing subdivision in Davenport will have 160 four-bedroom Mediterranean-style villas. "Chelsea's Landing will be a master planned resort community with the elegant lifestyle and ambience of the Mediterranean captured in a spectacular setting," the Web site says.

But the real-estate agent handing the $9 million property said British American Homes failed to close on a deal to buy the 33-acre site last year. "They did not even show up," Abdulfattah Abdullah said.Hudson Gabay, who heads British American Homes, could not be reached for comment. The company's Miami number was not in service, and he did not return calls to a Central Florida office.

In an e-mail to an investor this week, Gabay wrote that the project would be in front of a county review committee within the next six weeks. County officials said the developer has taken no action on the project since last year when negotiations about a road ended.

The class action suit filed against British American Homes, Sega Ventures Ltd. and Gabay individually alleges violations of the Florida Racketeer Influenced and Corrupt Organization Act. "It is believed the defendants have misappropriated the deposits of the plaintiffs and have no intention of returning deposits," the suit states.

It seeks return of the deposits and asks that work on the subdivision be stopped until the plaintiffs receive "all monies owed." The suit also seeks attorney fees and damages.

"All my clients want is their money back," said Omar Ortega, one of the attorneys involved in the suit.

Natalia Munoz, another attorney working on the case, said the suit asks for the company to comply with a court order by providing records of its finances, the business relationship between the defendants and identification of every plaintiff that entered into a purchase contract.

The head of a group that helps connect British customers with properties in Central Florida said he was concerned when a spate of developers started projects in the U.S. Highway 27 corridor several years ago.

Builders with no track record started pitching projects to British clients when speculation in the local real-estate market was at a fever pitch, said Peter Stanhope, president of the Florida Brits Group. He said he has been tracking about "five to seven developments that haven't developed."

But some investors, such as Nigel Ellis, don't want to give up on owning a vacation home in Central Florida.

It's been about two years since Ellis, who works for an American bank outside of London, signed a contract for a "vacation villa" at Elliot's Landing in the booming Four Corners area where Orange, Osceola, Lake and Polk counties meet. He's still on the fence between taking legal action and waiting a bit longer to see if his $78,000 investment pays off.

"It's very frustrating and worrying," Ellis said. "Part of me wants to join the legal action groups, and the other part wants to stay in and have our villa built. I feel like I'm between a rock and hard place and really don't know what my best move is right now."

When he invested, Ellis said, he assumed his money was safe because of "strict laws" in this country.

"It's a stable, solid country. I'm surprised," he said. "It's worth waiting for. But if nothing comes out of it, it will have been a horrible experience: Your dream home has turned out to be a nightmare."

Mark Pino can be reached at mpino@orlandosentinel.com or 407-931-5935.

Ground Is Broken for New Nature Discovery Center

LAKELAND - Predicting it will become the "centerpiece" for Polk County's network of environmental preserves, state and regional officials broke ground Friday for a new facility called Polk's Nature Discovery Center.

The center will be built at Polk County's Circle B Bar Reserve on State Road 540 near Lakeland.

"This will highlight Polk County's unique wildlife and cultural heritage,'' said County Commissioner Jean Reed, one of several who spoke at the dedication.

Reed said she hopes the center will show the broader ecological connections involving water and other issues and will result in a better educated public.

The $6.4 million center will include four buildings totaling 16,000 square feet. It is scheduled to open by summer 2008.

County Commissioner Jack Myers praised the partnership that came together to design and fund the facility, and he praised county residents who voted for a tax in a 1994 referendum that made the site possible.

In addition to the County Commission, funds for the project have come from the Southwest Florida Water Management District and the Florida Department of Environmental Protection. Polk County School Board officials have assisted in designing the classrooms for the center and are expected to help fund staffing after the center opens.

Jeff Spence, Polk's natural resources director, said construction of an environmental education center was envisioned in the original management plan for Circle B Bar Reserve, a 1,267-acre former cattle ranch that the county and Swiftmud jointly purchased for $7.4 million in 2000.

Former County Commissioner Neil Combee, who now sits on Swiftmud's Governing Board, predicted the complex "will be a centerpiece.''

Combee sheepishly recalled his misgivings about spending so much money - $5,000 an acre - for the site, but said time has proved him wrong.

"All the folks that wanted the project look like geniuses now,'' he said.

Commissioner Randy Wilkinson said the site is closer to populated areas of Polk County than some of the other properties and looked ahead to connecting the site to the nearby Fort Fraser Trail.

Wilkinson, a former Polk County School Board member, praised the center's educational potential.

"This will allow students to see the old Florida,'' he said.

Along with the elected and appointed government officials and government employees who made up the bulk of the audience was Herman Moulden, a Lakeland man who volunteers at Circle B through photography and wildlife monitoring.

"I have mixed feelings about it,'' he said. "I'm used to having the place all to myself a lot of the time,'' he said, but added he supported attempts to improve environmental education.

"If they can get kids out there to understand nature, the future holds promise,'' he said.

Polk County's Spence said the site for the center will be on a knoll ringed by large oaks.

During the planning, county officials made it a point to come up with a plan that would preserve Circle B's signature oak canopy.

The four-building complex will consist of an exhibit hall, a meeting hall, an indoor classroom and an outdoor classroom. The outdoor classroom would be set up for lessons involving live wildlife.

Local companies were involved in the project. Lunz Prebor & Fowler are the architects, Keith & Schnars are the design engineers and Henkleman Construction is the builder.

Spence said Circle B lends itself to environmental education because it contains a variety of native habitats, from wetlands to sandhills. Spence said much of the drainage from Lakeland flows through Circle B via natural and artificial watercourses.

The new place for gathering

By JODIE TILLMAN
Published March 10, 2007

TRINITY - In this sprawling collection of upscale suburban neighborhoods, a commercial developer has a novel idea.

Let's get together on Main Street.

No, not an actual Main Street as in downtown New Port Richey, fewer than 10 miles away. Developer Quality Holdings of Florida wants the 3,500 families of Trinity to have a gathering place at Trinity Town Center, the shopping center that broke ground in January at Little Road and Trinity Boulevard.

The Palm Harbor-based developer is promoting the complex of retail shops, offices and restaurants as the "Main Street for the Trinity Community." The shopping center will be built with an almost-idealized downtown in mind, with pedestrian-friendly, tree-lined cobblestone paths, a bandshell, fountains and a signature clock tower.

It is envisioned as a place for people to mingle, to stop by the bank, stick around for lunch, then linger through the shops before relaxing on a sunlit park bench.

"It will have a unifying effect for all the residential developments," said Paul Aiello, vice president of real estate development for Quality Holdings' subsidiary, South Capital Construction.

Trinity Town Center has a handful of its 55 hoped-for tenants lined up, including an upscale tea shop chain called Tealuxe as well as a chocolate shop, a brokerage firm and an independent Italian restaurant. A celebration will be held today featuring live music and a chef cookoff among some of the chefs who may locate there.

The center, along with the proposed Shops at Wiregrass, fall into that ubiquitous category of "lifestyle center." The phrase was first used in 1987 by developers Poag & McEwen to describe their open-air mall in Memphis, Tenn. Since then, the definition has become fairly elastic as all sorts of malls lay claim to it.

The typical "pure" lifestyle center has no big anchor store but lots of upscale restaurants and shops, including chains like Ann Taylor, Williams-Sonoma or Pottery Barn. The open-air centers are much cheaper to build and maintain than regional indoor shopping malls, which have struggled to stay afloat against the megamalls, said Purdue University retail management professor Richard Feinberg. Back in the 1950s, he noted, indoor shopping malls also promoted themselves as community gathering places.

At a time when real downtowns often struggle to attract retail, what makes developers want to "recreate" one? Because these new downtowns can count on a well-to-do customer base. The centers are almost always located near relatively affluent residential neighborhoods, says the International Council on Shopping Centers.

Indeed, Aiello said the typical income of the surrounding communities is a significant part of what attracted them. In 2006, the average household income in a 3-mile radius of the center was a little more than $73,000, the company's marketing materials say.

"We've been very selective. We want it to be an upscale center," said Bill Calary of CB Richard Ellis in Tampa, which is recruiting retail for the project. "This is going to be the main gathering place for Trinity."

Downtown redevelopment advocates often see such projects as creating faux public places at the expense of actual downtowns. In New Port Richey, for instance, the storyline has been the difficulty attracting and keeping retail businesses. One gift shop, Turtle's Nest, is about to leave for another shopping center in Trinity.

"This is the new mall, trying to create a sense of place," said Florida Main Street coordinator Joan Jefferson. "We're hoping people will still go to the real downtown, with its historical and cultural character."

Aiello said he didn't think Trinity's downtown would have much effect on New Port Richey's because they are drawing on different markets. His company has something riding on that theory: Quality Holdings is also considering a mixed-use project on Orange Lake, in New Port Richey's downtown.

Jodie Tillman can be reached at (727) 869-6247 or jtillman@sptimes.com.

Fast Facts:

The plan: It soon will be the place to be

Trinity Town Center includes 15 buildings and a three-level, 389-space parking garage as well as an additional 456-space parking lot. Counting retail, dining and office space, the project totals 196,000 square feet. The first shops and restaurants will open in October, and the entire project is expected to be completed by August 2008. Today's public celebration at the site features food and music and runs from 11 a.m. to 1 p.m.

City manager to leave position

By GINA PACE
Published March 10, 2007

DADE CITY - City Manager Harold Sample said Friday he does not plan to renew his contract with the city in September and has accepted a position as the vice president of development for the Dade City Business Center.

While he had been telling city officials this week of his plans to leave City Hall, Sample said the job offer from business center owner Jim Guedry came as a surprise.

He told Guedry Thursday evening of his plans to leave the city, and was offered a job on the spot.

Sample, 58, said Friday that when he took the city manager's job four years ago, he made it clear he only planned to stay three to five years.

"During the last six months, I've been trying to analyze all of this stuff - my age, my mortality, everything," Sample said. "Is this what I wanted to do for the remainder of my career? I thought if I was going to make a change, this is when I was going to do it."

His announcement comes shortly before he would have needed to give notice if he wanted his contract to automatically renew. He said the timing also takes into consideration giving the commission enough time to name a replacement by the summer budget discussions for the upcoming fiscal year. He expects to stay until his tenure ends in September so that his replacement can get up to speed.

Sample took the position in 2003 just when he thought he was beginning retirement: He left the county clerk's office at the end of a 30-year career in public service in 2002 and started selling residential real estate.

During his public-sector career, he held a series of high-profile positions, including eight years as then-Sheriff Lee Cannon's top administrator. He also has been a sheriff's deputy, court administrator, county grants planner, director of human services, code enforcement director and assistant county administrator for public works.

He faced a number of challenges in Dade City, including a $1-million budget shortfall that first year. In one of his first big moves, he convinced the commission to cut costs by eliminating the city's fire department - against heavy opposition from residents. He also guided the city through four summers of hurricanes and braced commissioners and residents for a wave of development that never materialized. Sample leaves with no clear solution for buying or building a new city hall, and city finances remain close to the wire every year.

Sample has had a generally good rapport with the commission. In evaluations given in November, four of the five commissioners said he exceeded expectations in the major areas of his job. But Commissioner Camille Hernandez gave a starkly different appraisal, criticizing Sample's personal integrity, personnel decisions and approach to long-term planning. Hernandez did not return messages Friday.

City attorney Karla Owens said Friday that decades as a public servant can take a toll, and she knew Sample hoped to spend more time with his family.

"It's a thankless job, it's a hard job, and if you care a lot about what you are doing, it takes a lot out of you," she said. "He's contributed more than the average person to Pasco County and he's left his footprint all over it."

Known for putting in long hours, Sample forfeited more than 100 hours of vacation time this year.

Sample earns an annual salary of slightly more than $81,000. When Sample told him of his decision to leave, Commissioner Steve Van Gorden asked whether more money would change his mind. Sample said it wouldn't.

Sample would not say if his new position paid more.

"I do not have to disclose that," Sample said, relishing that for the first time in many years, his salary would not be matter of public record.

Guedry said while he hadn't planned to offer a position to Sample, he was excited about the move.

"We plan to do a great deal of development here," Guedry said. "I told him we need someone like you on our team."

Mayor Hutch Brock said the city was lucky to have Sample's leadership for four years.

"In the pit of my stomach, I had one feeling that was excited for him and his new challenges," Brock said. "And another thinking that I wish we could have kept him longer."

Gina Pace can be reached at 352 521-6518 or toll-free at 1-800-333-7505, ext. 6518. Her e-mail address is gpace@sptimes.com.

State's Plan For New Roads Favors Developers Over Taxpayers

Tribune Editorial Published: Mar 9, 2007

The justification for building new superhighways through remote areas of the state follows a twisted logic that will infuriate most Florida drivers and taxpayers.

In short, the Future Corridors report notes that because highway improvements are so expensive in and around commercial centers, the state should improve mobility elsewhere.

Where? In places that now have few people, businesses or roads, areas defined by the Legislature as "rural areas of critical economic concern."

This policy proposal threatens to turn the state Department of Transportation into an economic development agency for farmland, pastures and groves, especially acreage owned by politically connected landowners. Because funds are limited, these improvements would come at the expense of Florida's congested urban centers and suburbs.

New Gov. Charlie Crist is right to raise his eyebrows at the Future Corridors program and to promise that the state's top priority will continue to be trying to solve existing mobility problems. When he selects a new head of the transportation agency, he should pick someone who shares this sensible view.

State highway planners warn that major highways, including parts of Interstates 4 and 75 in the Tampa area, are "expected to fall below service standards in 2025, even with planned improvements." A reasonable conclusion is that more improvements should be planned in or near those roads, not in other parts of the state.

A Department of Transportation report arguing for new corridors says that "only a small number of new corridors have been built over the past 20 years, and all of these have been short segments within a single region." It points out that many areas are "not well served by statewide corridors today."

True enough. One of those areas is a 150-mile long corridor between Lakeland and Fort Myers, in which many influential interests, including a company led by Republican state Sen. J.D. Alexander of Polk County, own large tracts of land.

The new highway would be partially paid for with tolls and would promote the creation of new towns, businesses, parks and wildlife preserves. Some of it no doubt would be beautiful, but the public price would be high.

Tolls would be inadequate to pay for the roads, which will cost billions. There's nothing wrong with using gasoline taxes to help pay for a new toll road, but when the state lacks the money to build long-needed highway projects, including the east-west road in New Tampa, priorities must be set carefully.

The proposal to make "proactive investments" to encourage growth in undeveloped areas will be hard to explain to folks stuck in traffic on Bruce B. Downs Boulevard and other congested roads that lack expressway alternatives. And it will be hard to explain to users of the Lee Roy Selmon Expressway, whose tolls have just been raised.

Florida needs to concentrate its limited resources on places where investments will benefit today's residents and businesses. Access to ports and airports must be improved. High-occupancy lanes must be added to urban interstates. Transit in selected areas demands significant subsidies.

New corridors do merit consideration. Planners envision wide rights of way that include highways, railroads, pipelines and power lines. A few of these projects can be justified to connect emerging commerce centers. But the debate over where and when to build them must go beyond the benefits of the new highway.

The money will be taken directly from the transportation budgets of urban counties. Crist must not let highway planners overlook the sacrifices the new corridors would require of Florida's growing and congested cities.

Polk Excluded From Transit Proposal

TALLAHASSEE - Is Polk County part of Tampa Bay?

Not according to state Sen. J.D. Alexander, who helped withdraw Polk from a proposed regional transportation authority that would finance major projects, including a possible rail system, for seven counties: Citrus, Hernando, Hillsborough, Pasco, Pinellas, Manatee, and Sarasota.

A Senate transportation committee on Wednesday gave the unanimous nod to the proposed authority, which is sponsored by Sen. Mike Fasano, R-New Port Richey.

Missing from the list of counties is the one east of Hillsborough with two vital Tampa Bay-area roads: Interstate 4 and State Road 60.

Despite these ties, Polk doesn't belong, Alexander said.

"The interests of Tampa Bay are different ... than the interests of Polk County," he said. "We're not Tampa Bay, we're not Orlando. We're in the middle. ... I think we should develop on our own."

Alexander said last week that Polk should develop ties to inland counties south of it that aren't included in the proposed authority. Those rural counties are where Alexander wants the state to build a $7 billion toll road. He controls companies that own land along the proposed 152-mile route.

His lobbying for that road had nothing to do with his effort to remove Polk, he said.

Alexander has played a prominent role in Polk's withdrawal. Fasano and the sponsor of a similar bill in the House, Bill Galvano, said the request to omit Polk came from Alexander.

Transportation Committee member Sen. Paula Dockery, R-Lakeland, said she was surprised to learn Wednesday that her home county wasn't a part of the bill.

"If I were to find out that Polk County wanted to be there ...," she started to ask Fasano.

"We would welcome them with open arms," he answered before she could finish.

Fasano said when Alexander approached him, he assumed he was speaking for the county leadership.

But on Feb. 26, Polk County's Transportation Planning Organization sent a letter to its local delegation recommending Polk be included in the authority.

"Polk County is part of Tampa Bay," said Michael Skipper, a senior transportation planner for the group. "The DOT's own analysis shows much of the ridership of a commuter rail system would come from Polk."

On Wednesday, Alexander said he didn't believe the Polk delegation had taken a position on the issue. He said the TPO endorsed the Tampa Bay authority only after it listened to a presentation from a Tampa representative.

Freshman Rep. Seth McKeel, R-Lakeland, said he would at least like the legislation to allow Polk County to opt into the plan. He said he wasn't aware of Alexander's concerns, but feels lawmakers should be attentive to the recommendation of the county's transportation experts.

Lake to keep closer eye on traffic
‘Transportation concurrency’ to encourage governments to make roads keep up with development

Joshua Davidovich
Staff Writer

LEESBURG - Lake County leaders and planners will convene today to learn about a state-mandated plan to ensure future developments don't render roads impassable.

Leaders are hoping to come to an agreement that would encourage governments to make sure there is capacity for additional traffic on the roads before they approve new developments.

Though the principle of "transportation concurrency" has been on the books for 20 years, this will be the first time the system is run through a central system, and the Metropolitan Planning Organization will lobby to take that role.

"It'll be the first time we'll all be seeing off the same sheet of paper," MPO director T.J. Fish said. "We're bringing a level of coordination."

A system which looks at the service levels of all the throughways in the county will help prevent more clogged roads, Fish said, and reverse years of damage done by cities that only looked at roads inside their jurisdictional boundaries.

"These plans are based on the fact that (cities) screwed up on concurrency," he said. "There was no master tracking system."

The word "concurrency" has been in the news lately in relation to a plan to curtail school crowding. But unlike school concurrency, which was hotly contested by cities loath to give up planning power to the School Board, transportation concurrency will be non-binding, and therefore less controversial.

"What I'm proposing will be nowhere near as painful as that process," Fish said.

Rather than force cities to turn away builders whose developments would generate more traffic than local roadways could handle, the MPO's system would leave it to residents and funding agencies to take notice when governments disregard concurrency.

"It gives the citizens power," Fish said. "(The governments) need to be held accountable."

Fish is hoping to have the system in place by the fall, after gaining commitments from all 14 cities and the county to go along with it. He said that there are several areas in the county that will already be over capacity from the start. One such area surrounds U.S. Highway 50 in south Lake County, where developers will be forced to pay a mitigating fee if they want to continue to build.

"I don't want to see any cities stuck. Our job is to come up with options," Fish said. "This is to manage growth, not stop it."

Growth-control advocate to speak in Ormond

ORMOND BEACH -- She may be the most feared woman in Florida -- and she's coming to Volusia County.

Lesley Blackner, the woman behind the Florida Hometown Democracy movement, will speak about the drive to put future land-use changes in the hands of voters at 7 p.m. Monday in the Ormond Beach City Commission chambers.

Blackner's group is seeking to amend the Florida Constitution so that if developers wanted to turn farmland into strip malls, voters would have to approve it. The group needs more than 600,000 petition signatures to get the issue on the 2008 ballot.

Builders, landowners, Realtors and business interests hate the idea. This month's Florida Trend magazine quoted one calling it the "worst idea" ever. Fear of the Hometown Democracy movement helped prompt a separate constitutional amendment -- approved by voters in the fall -- that will require future amendments to be approved by 60 percent of voters.

But Blackner -- a Palm Beach attorney best remembered locally for the lawsuit that forced Volusia County to improve protections for sea turtles -- says her critics make their living by supporting unsustainable growth. The constitutional amendment is needed, she says, because local governments support the interests of developers over those of residents.

Counties deny they overtax residents

TALLAHASSEE - Florida counties fired back at state lawmakers Thursday with a report showing that population growth and inflation - not wasteful government spending - are fanning the need for higher property taxes.

It was widely criticized by Republican lawmakers and economists, who reaffirmed their position that overtaxing by counties is partly to blame for the property tax crisis.

"It really doesn't matter where the counties say the money is going, the fact is the people of Florida can't afford to pay for it,'' said Rep. Adam Hasner, R-Delray Beach.

The Florida Association of Counties is most worried about a plan forwarded by House Republicans to cut county taxes back to 2001 levels to ease the financial burden. The plan would also eliminate all property taxes on homesteads and raise the state sales tax from 6 percent to 8.5 percent, the highest in the nation, to replace some of the lost revenue.

It is moving quickly through the chamber, although Gov. Charlie Crist has a different plan, and the Senate has not yet developed its proposal.

State lawmakers wrongly cast counties as "the villain for rising tax bills,'' said Susan Latvala, president of the Florida Association of Counties, at a news conference Thursday. Cutting taxes would mean cuts in services such as sheriff protection and road maintenance.

"Florida counties cannot and will not support hastily crafted, one-size-fits-all state solutions that could severely impact crucial local programs and services to our citizens,'' she said.

The counties' report shows how costs have gone up 58 percent since 1999 based on what counties have historically paid for goods and services, although the federal Consumer Price Index, or the market value of goods and services, shows an increase of only 17 percent.

"Local governments don't buy the same things that households buy,'' said the study's author, Hank Fishkind, an Orlando economist. "Local governments don't buy a whole lot of food. They buy a whole lot of pensions. They buy a whole lot of fuel. They buy a whole lot of other things that are more expensive.''

Republicans said the study's method was wrong.

"The basic premise of the study is flawed,'' said Donna Arduin, the economist who drafted the House tax proposal. "It says county government says they cost more because they spend more.''

As property values have skyrocketed statewide, local governments have brought in an additional $11.4 billion in property taxes.

Republican lawmakers say residents feel the burden of property taxes because county governments, which brought in $3.9 billion of the $11.4 billion, have either raised tax rates needlessly or have not dropped the tax rates low enough.

The report showed the additional tax revenue since 1999 has been used to fund the boom in growth - for roads, community beautification projects, parks and sheriff's services.

However, it was not an audit ensuring that's how the money was actually spent. And it did not include 2006 property taxes, even though last year's unprecedented jump in property assessments stirred the beginnings of a tax revolt.

Gov. Charlie Crist said he doubted counties would drop essential services like law enforcement if faced with cuts.

"The notion that in a reduction of property taxes that the first things that are going to go are the things that people want the most is laughable,'' he said.

Rather than cutting essential services, Crist said local governments should cut out "those Washington monuments.''

"People are much smarter than that. They're not stupid. They understand that government efficiency doesn't begin with the services that they want, need and deserve the most,'' he said.

Latvala said counties could probably absorb a cut up to 10 percent. The proposed cut would be more than that, about 20 percent.

"That's what we believe they should be spending if they lived within their means,'' said state Rep. David Rivera, R-Miami.
 

GOP senator gets approval to make petitioning for ballot initiatives tougher

A Space Coast legislator won party-line approval Thursday for a package to tighten restrictions on gathering petitions for issues going on the Florida ballot.

Several civic organizations - including the League of Women Voters, People for the American Way and Common Cause of Florida - warned that the plan by Sen. Bill Posey, R-Rockledge, would put the public-initiative process out of reach of truly grassroots organizations.

But business interests, including the Florida Chamber of Commerce and Associated Industries of Florida, said Posey's bill would help root out fraud, forgery and misrepresentation in the petition method of amending the constitution.

Posey's bill (SB 900) would require professional canvassers to wear identifying badges so that voters would know whether a petition was pushed by civic-minded volunteers or professional political consultants. All petitions would be stamped with the names and addresses of the persons gathering them, whether they are unpaid volunteers or employees getting paid by the signature.

And voters would be able to revoke their signatures if they learn more about an issue and regret helping to place it on the ballot. Posey said that is important because people sometimes fall for a nice-sounding title on an initiative but later find out they signed for something else entirely.

Posey's interest goes back decades.

In the 1970s, he said, canvassers seeking a public referendum falsely told his mother that he was on their side. He declined to identify the issue or the organization pushing it but said ''they were just trying to get in my face'' by claiming that his mother endorsed their petition.

''My mother - who, unlike me, is a very unassuming and kind-hearted person - had no way to remove her name from that petition,'' said Posey.

Common Cause lobbyist Ben Wilcox and attorney Mark Herron, a prominent elections law practitioner in the Capitol, warned that the signature revocation provision would start a whole new ''cottage industry'' of canvassing companies that torpedo petition campaigns.

Several consultants specialize in rounding up the 611,009 petition cards needed to put a constitutional amendment on Florida's ballot. Herron and Wilcox said allowing revocation would create a new line of work for them, tracking people down and getting them to take back their signatures.

Only rich and powerful industries - not true grassroots civic organizations - could afford that, they said.

''This is a solution in search of a problem,'' said Wilcox. ''The real beneficiary of this bill would be the petition-gathering companies themselves.''

But Posey said that in one Santa Rosa County case, petition gatherers were charged with 40 violations of canvassing laws. In another case, he said, a county elections supervisor was surprised to find his own name - which he hadn't signed - on a petition for a referendum.

All three Democrats on the Ethics & Elections Committee, Sens. Gwen Margolis of North Miami Beach, Charlie Justice of St. Petersburg and Nan Rich of Sunrise, voted against Posey's plan. The proposal now goes to the Judiciary Committee for debate.

Push on to slow Florida constitutional changes

A measure to make it harder for Floridians to amend the Constitution made progress in the Legislature.

breinhard@MiamiHerald.com

At a time when it's harder than ever for citizens to change the Florida Constitution, stricter rules for getting proposed amendments on the ballot cleared House and Senate committees Thursday.

 

The bills would place time limits on turning in signatures and allow people who have signed petitions to remove their names.

Opponents of the measure told the Senate Committee on Ethics and Elections that the proposal would hamper efforts by grassroots organizations on shoestring budgets. An amendment backed by big business last year requires future proposed amendments to garner 60 percent of the vote, not just a majority.

''We see this contributing to a larger trend, a door that is creaking shut on the initiative process,'' said Brad Ashwell, of the Florida Public Interest Research Group.

Corporate interests spent at least $58 million and as much $100 million to lobby the Florida Legislature in the past year.

''The effort to restrict the initiative effort is coming from the biggest special interests in the state,'' said Ben Wilcox, executive director of Common Cause Florida.

Nonsense, said the bill's sponsor, Republican Sen. Bill Posey of Rockledge. He said the measure would prevent aggressive petition-gatherers from taking advantage of voters.

''Every constitutional amendment that passes takes rights away from someone or takes money away from someone,'' he said.

The Senate committee passed the bill 6-3. The House Economic Expansion and Infrastructure Council approved a similar measure 11-2.

Another measure making it harder to gather petitions passed the House Ethics and Elections committee. The bill, pushed by Publix Supermarkets and other business groups, would allow stores to kick signature gatherers off their property. It comes on the heels of a court decision that said the grocery chain can bar advocates of petitions to legalize marijuana.

City engineer: Coal-plant costs vastly underestimated

The partners behind the proposed Taylor County coal plant are asking that the Florida Public Service Commission delay its decision on whether the 800-megawatt plant is needed.

The request comes after a city of Tallahassee engineer discovered that a city consultant had used incorrect data when estimating the cost of the coal plant, underestimating the $4.5 billion cost to build it and operate it over 30 years by about $40 million.

Coal-plant advocates portrayed the error as a simple mistake that changed the coal plant's cost by less than one percent.

But City Commissioner Allan Katz said it raised doubts about whether the city's energy plan, which includes the coal plant, biomass and energy reduction measures, was still the best option.

"The credibility of the material that was presented to us has been compromised," Katz said. "I think we have a serious credibility problem."

Katz said the disclosure raised doubts about the credibility of the consultant, Black and Veatch, which is working for both the city and the coal-plant partnership. He called for the city to hire an independent firm to re-examine the city's energy options.

City commissioners adopted the energy plan in December in a 3-2 vote, with Katz and Commissioner Andrew Gillum opposed.

The coal-plant partners are asking for the delay so they can provide an updated economic analysis to the Public Service Commission, including recent increases in projected costs, said project manager Mike Lawson. The agency was set to make a decision Tuesday.

"We do not expect this to change the overall conclusion that the (Taylor plant) is the most cost-effective option," Lawson said in a statement, "though we felt it was important to share this updated information with the commission so that they could factor it in their decision."

Tallahassee is one of the four partners in the proposed plant, which is scheduled to start operating in 2012 if it gets its permits it needs.

The City Commission is expected to hear an update on its energy-planning process during a workshop at 3:30 p.m. Wednesday on the second floor of City Hall.

Water-use estimates for ethanol plant go up 60 percent

By JANET ZINK
Published March 9, 2007

TAMPA - An ethanol plant proposed for the city's port area could need up to 800,000 gallons of water a day by 2013, making it the second-largest water user in the city.

The request for the water to run the plant, which will need 400,000 gallons a day by 2010 for its first phase of operation, comes at a time when the city is at its limit for withdrawing fresh, cheap water from the Hillsborough River.

Initially, plant backers said it would require 500,000 gallons a day, but on Thursday, city officials confirmed it would be 60 percent higher if the plant fully expands.

Steve Daignault, the city's administrator of public works and utilities, told the Tampa City Council he is working to determine if the plant can use reclaimed water instead of fresh water.

Bradley Krohn, president of United States Envirofuels, the company looking to build the plant, said he is happy to use reclaimed water.

But he has asked city officials to give the company permission to buy reclaimed water from the county. It's cheaper than the city's reclaimed water, might be higher quality and it will be easier to lay pipes to the county's water treatment plant.

The city needs to approve the deal because although the plant is proposed for the county, it's in the city service area.

But Krohn said he will talk to city officials about what they might be able to offer.

Daignault said he believes the city could get the pipe built in three years.

Reclaimed water would be significantly less expensive for Krohn than freshwater, which costs more than $4 per 1,000 gallons. The county charges only 7 cents per 1,000 gallons for reclaimed water. The city charges $1.34 per 1,000 gallons of reclaimed water.

Daignault said the city has hired a consultant to identify potential industrial users of reclaimed water throughout the city. The city dumps more than 60-million gallons of treated wastewater each day into Tampa Bay. Piping that water to industrial users, or more residents, could help reduce the use of precious drinking water.

"We want to get the reclaimed water out there for them," Daignault said.

State DEP to cite developer for tree cutting
Rainbow River Ranch LLC says state, city issues are unrelated.

DUNNELLON - The Florida Department of Environmental Protection is citing an out-of-town developer that is already embroiled with the city of Dunnellon over alleged tree-cutting violations.

FDEP officials confirmed they plan to fine Rainbow River Ranch LLC $3,000 and force the developer to plant at least 50 trees to replace the aquatic vegetation he cut down in violation of state rules.

Meanwhile, Rainbow River Ranch continues to feud with the City Council over whether the developer violated its city-issued tree-cutting permit. In November, the council suspended the permit amid complaints from residents and environmentalists that the developer cut too many trees on the proposed 250-acre site, many along the pristine Rainbow River near the County Road 484 bridge.

"[FDEP] is doing its job and I'm very pleased with that," Dunnellon Councilman Fred Stark said. "Finally, I see the results of an investigation, which is what we've been asking for since day one."

Developer Gerald Dodd said he would cooperate with FDEP to resolve the issue.

"I'm disappointed. We tried to follow their rules," Dodd said Thursday.

Dodd's lawyer, Clark Stillwell, said he and Dodd would address FDEP's citation and follow procedures that allowed the developer to review the citation or appeal it if necessary.

But Stillwell emphasized that FDEP's citation was unrelated to the city's tree-cutting permit.

"The city applies different legal standards. Neither are intertwined," Stillwell said.

Trees that the state does not allow to be cut often are allowed to be removed according to city rules, Stillwell said.

Stark said the issue of FDEP's citation and that of the city's tree-cutting permit suspension are not as distinct as Stillwell wants to make out.

"Of the 52 trees they cut down, there's no doubt in my mind that the trees FDEP identified are not so different than the very ones we identified as being removed in violation of our permit," he said.

FDEP spokeswoman Sarah Williams said agency investigators went to Dodd's property in February where they saw that wax myrtle, bald cypress, sweet gum and red maple, located in high-water areas, had been removed.

Williams said Dodd would have to replace at least those he cut down and perhaps more. She said the details of how he would have to replace removed trees is still being worked out.

Williams said as soon as FDEP officials told Dodd of the violations in February he stopped cutting in those areas.

Meanwhile, Dunnellon's code enforcement board is scheduled to hear the Rainbow River Ranch permit issue March 19 and rule whether the developer violated city tree-cutting rules.

During a Wednesday Dunnellon council workshop, council members said they wanted to remove their code enforcement board chairman when it came to this case, complaining they did not think he was impartial. Last month code enforcement board chairman Curt Bond complained the council handed his board the case after it already suspended the permit. Council members will discuss whether to recuse Bond during their Monday council meeting.

Stillwell said removing Bond for what he said would reflect badly on the council.

"If that's the standard, I would think all the council members should recuse themselves ... for far more egregious comments," Stillwell said.

Dodd said maneuvering the legal hurdles to develop his land has not been easy.

"But the property ... is worth going through the process for," he said. "And I'm not going anywhere."

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

DeBary battles rising waters


DEBARY -- Soon after three hurricanes ravaged the unprepared city and flooded more than 70 homes in 2004, 64 drainage projects were identified to keep the waters from rising.

The projects range from cleaning pipes and ditches to lake interconnects.

Wednesday night, the City Council awarded the first construction contracts from that list, which was whittled down to 24 projects. C-3 Construction will be paid $409,495 to construct retention ponds at 24 Seminole Drive and 58 Park Lane in a 1950s-era neighborhood.

"The severity of flooding and the opportunity to buy these properties so quickly pushed those two to the top of the list," said David Hamstra, the city's drainage engineer consultant.

DeBary received eight bids for the Seminole Drive project and nine for the Park Lane project. The total price is $270,759 less than what city consultants estimated.

"Costs have come down and are a lot more reasonable. There are more workers now and we don't have the skyrocketing costs we had a year or two ago," Hamstra said. Officials hope to have the two ponds started by April 1 and completed in 90 days if the contractor provides the required completion bonds.

Both projects will have underground overflow pipes to the east. The Seminole Drive overflow will empty into the U.S. 17-92 storm drain system. The Park Lane overflow will go into Lake Marie.

It took more than two years for the start of construction because a detailed mapping and system inventory was needed at the start, Hamstra said. Heavy rains in 2005 also stalled some work as the city was busy with more than 40 pumps trying to keep lakes from overflowing. More than $700,000 was spent in the summer and fall of 2005 to control flooding.

Time also was needed to get federal grants to help pay for a proposed west side lake control and drainage system, get a stormwater utility fee in place and have voters approve a $10 million bond to pay for the projects.

"We got the bond money and now we can rock and roll through these projects," City Manager Maryann Courson said.

Last month, the council approved $553,076 for the design, permit and construction drawings for new ponds Monroe Avenue, DeBary Drive, Matanzas Road/Lucerne Drive and Rivera Drive, as well as drainage improvements on Margarita Drive/Sunrise Boulevard, Bougainvillea Drive, Pine Valley Court and Soft Shadow Lane.

Another $231,940 was approved Wednesday for the design, permit and construction drawing for drainage improvements to Valencia/Plumosa roads, Catalina Drive, Magnolia/Aster drives and Marsella Road.

An additional $685,000 was approved to buy all or parts of 13 properties for ponds and easements. Only one home at 305 Alemander Ave. is to be purchased. A draft project schedule has the construction completed in two years.

Disappearance of honeybees is creating a buzz A mysterious disorder is causing honeybees to disappear from their hives, threatening the pollination of crops from almonds to watermelons.

Florida is at the epicenter of the problem and is searching for a solution. A Dade City beekeeper was one of the first to report the disappearance of bees and a Gainesville inspector is part of a group investigating the cause.

"We can't seem to find one smoking gun," said Jerry Hayes, the Gainesville-based chief of apiary inspection for the Florida Division of Plant Industry.

Called colony collapse disorder, the malady is believed to compromise the immune systems of honeybees. The insects apparently flee their hives, become disoriented and die.

The disorder adds to a long list of challenges facing beekeepers, from cheap foreign honey to vampirelike mites.

Beekeeper David Hackenberg was one of the first to report the disorder. He said he brought 400 hives to Dade City from Maine in October. The next month, he returned to find empty hives.

The bees had even abandoned their unhatched brood.

"Bees don't just go and leave their young," he said. "It just makes you speechless."

The impact of the disorder goes well beyond beekeepers.

About one-third of crops depends on honeybee pollination, said Jamie Ellis, an assistant entomology professor at the University of Florida's honeybee research lab.

"The agriculture industry is built on the backs of honeybees," he said.

Bees pollinate alfalfa and other crops fed to livestock, he said, so the loss of bees has the potential to disrupt the entire food supply.

Ellis, like other bee experts, references a quote attributed to Albert Einstein to illustrate the importance of the insects: If all bees disappeared tomorrow, humans would have four years left on the planet.

While beekeepers make money from honey, competition from cheap Chinese imports has reduced profits. So beekeepers must rely on fees from renting hives to farmers.

The growth of the California almond industry has increased demand for bees, boosting fees to $100 per colony. But trucking bees out West is thought to stress the insects and could play a role in the disorder.

A tiny non-native mite, which acts like a bee vampire, is also believed to play a part. The mite, native to Southeast Asia, first appeared in the U.S. in 1986 and has since wreaked havoc with colonies.

There's also other pests and the chemicals used to battle them. Adding everything together could explain colony collapse disorder, Hayes said.

"There is a lot of stress involved," he said.

The disorder has been documented in 24 states. Hayes said something is apparently causing bees to become disoriented and lose their way.

The behavior is similar to the effects of the pesticide imidacloprid. France banned the use of the pesticide in 1999 because of concerns about its effect on bees.

Pennsylvania State University entomologist Maryann Frazier is studying whether the pesticide plays a role in the disorder. She said the insecticide has yet to be found in pollen here, so researchers suspect it might be one of a combination of factors.

"Something's pushing them over the edge," she said.

Alachua County is home to small beekeeping operations as well as Dadant beekeeping supplies in High Springs.

Dadant manager Jerry Latner said beekeepers have always faced challenges, including previous disorders that caused bees to leave hives.

But he said the combination of problems mean beekeeping is failing to attract a younger crowd, threatening the industry.

"I don't think we're in a crisis in this country yet but we're getting close," he said.

He said beekeepers aren't the only people who should be concerned. Bees are an indicator species and their disappearance could signal greater environmental problems, he said.

"I hope it's not the canary in the coal mine," he said.

Farm Girls: Young Women Dominate Agriculture Classes

Published: Mar 9, 2007

PLANT CITY - It's 7 or 8 or 9 p.m., and Deneile McKee knows where her daughters are: feeding the chickens, training the cattle, washing the pig, mucking out pens and stalls or attending an FFA meeting.

"If Kaila had to choose between going to the mall or breaking a new heifer, she'd say, 'Forget the shopping, give me the heifer,'" McKee said.

Forty years ago, the Marshall Middle School sixth-grader and her 15-year-old sister, Hailey, would have found little encouragement and even less access to the exclusive brotherhood of future farmers who once dominated student agriculture.

Today they are among a growing and powerful force of youngsters who are turning tradition on its head.

"Girls have almost taken over the program," said Ray Clark, who for 35 years has headed the Plant City High School agriculture department.

With the livestock shows of fair season in full swing, the blue-jacketed, ponytailed pig and steer wranglers are hard to miss in local arenas. Many are walking away with top prizes and money for college.

"One of the direct effects of having so many females in FFA is its effect on enrollment in the University of Florida's College of Agriculture and Life Sciences. There are now more women than men in the program," said Ila Crocker, an FFA state officer in the mid-1990s.

Crocker, who graduated from UF with a degree in agriculture communications, met her husband, Shawn, another former state officer, while working with FFA. Both were born into Florida farming families and have carved out careers both within and beyond traditional agriculture.

After a stint as marketing director for The Florida Strawberry Growers Association, Ila Crocker now manages Crocker Country Farms in Polk County.

Her role, like that of many of this new breed of farm girls, is a far cry from her mother's generation, where the women took care of the bookkeeping, the house and the children.

"Today the women are driving the tractors, managing the farms, taking on leadership roles and sharing in the ownership," she said.

Role Revolution

About one-third of America's farms are owned by women these days, and even more are being managed by them. Many are left to run the operations when their husbands die. Others, like Crocker, were born into it, married into it or both.

Before 1969, when female members of the Woodstock generation gained entree into Future Farmers of America, girls were expected to marry farmers, not run farms.

"When I was in middle school, we were supposed to take" home economics, said Mary Suralis, who has taught agriculture at Mann Middle School for 18 years.

By the 1980s, girls were flocking to the organization, which changed its name in 1988 to FFA to reflect a broader mission.

"The face of the industry was changing to encompass over 300 careers in agriculture - from researchers and scientists to veterinarians and marketing specialists," said state FFA Executive Director Ronnie Simmons. "It sent out a new message that we're about more than just farming."

Florida's FFA recently claimed a record of more than 15,000 members, about 40 percent of them girls. That mirrors the makeup of the national membership, Simmons said.

More than half of the leadership roles, however, are held by young women.

"I think the females tend to strive for that more than the males, even on the national level, and that tends to make them more visible," said McKee, whose daughter Hailey has served as a county FFA officer since her middle school years. Daughter Kaila, 12, is secretary of the Antioch 4-H.

Unlike many FFA moms, McKee was a city girl raised in Key West.

"We started with the love of animals when my oldest was 3, the first time she rode a horse," McKee said. "It escalated from there."

The girls still show and ride Tennessee walkers in addition to their livestock activities. Meanwhile, Cade, 7, has followed his sisters into competition at the Strawberry Festival with his own chicken entries.

Animals also prompted Alex Wanner, 13, to follow her older brother and sister into FFA. The Tomlin eighth-grader started out with roosters and bunnies three years ago. This year she raised her first pig, a boar named Pork. She brought him to the Strawberry Festival to show - and to sell to the highest bidder.

The day before the sale, Wanner and Pork relaxed contentedly in a livestock pen, her head resting on the boar's plump side. She has spent two to three hours a day for the past eight months feeding, bathing, grooming and training the pig. It is the first animal she has sent to slaughter.

"I try not getting too attached to him," she said. She swipes at an errant tear.

In local student agriculture programs, girls outnumber boys by as much as 2-to-1.

Suralis said she can't put her finger on what attracts so many girls to FFA. An affinity for animals and a nurturing instinct might be part of it, she suggested. But there is more.

"I think a lot of them see involvement in the program goes beyond the classroom," she said.

Family Ties

Parents of FFA members say the program instills leadership, presentation skills and self-confidence.

Michelle Williamson's daughter, Samantha, became adept at judging meat quality, testing soil and served as an alternate on the agricultural mechanics team at Durant High School.

"FFA gave her the ability to come out and speak publicly and do things she normally would not have been able to do," she said.

Williamson, vice chairwoman of the Florida Farm Bureau's women's leadership committee, was not involved in FFA as a student. She never imagined she would grow up to marry a farmer.

Today she helps manage an extended family farming empire that has 700 acres of fruit and vegetables in Dover.

Judi Whitson, executive director of the Hillsborough County Farm Bureau, said changes in how farms operate as well as new kinds of job opportunities make the once male-dominated industry "wide open for women."

"There's more and more agriculture being run from offices and not necessarily in the field," Whitson said.

That is not to say the girls can't wrassle a critter with the best of the boys - and not just bunnies and chickens.

Shawna Newsome, 18, has twice won the steer competition at the Strawberry Festival and is no longer eligible to enter the Plant City event.

Instead, the Durant senior walked away this year and last with the Florida State Fair's grand champion steer, as well as this year's grand champion pig.

"I think I'm just as capable as anybody handling a 1,200-pound animal," she said. "It's not about strength. It's where you put yourself and if you take the right safety precautions."

Newsome's parents, like those of many in FFA, are an integral part of her projects.

"It takes dedication, commitment and hard work to raise a champion," said Durant agriculture teacher Tim Cribbs, whose own children are active in FFA.

Son Joshua, who graduated from Durant in June, is a state FFA officer who aspires to work in the field of embryo transplants. Daughter Caitlin, 16, has been active in the organization since sixth grade.

"She shows cattle and does the beauty contest thing, too," Cribbs said.

More often than not, FFA tends to be a family affair.

"There's a lot of parent involvement," Cribbs said. "They know where their kids are and what they're doing."

Just as important, FAA parents say, are the life skills and confidence that come from hard work and responsibility.

"I'll never have to worry about any of my children when they go off into the world," McKee said. "They know how to handle themselves."

Tribune photographer Robert Burke contributed to this story. Reporter Jan Hollingsworth can be reached at (813) 865-4436 or jhollingsworth@tampatrib.com.

Developer's dollars linked to jeweler

Palm Beach Post Staff Writer

Friday, March 09, 2007

WEST PALM BEACH — A developer's $50,000 payment to City Commissioner Jim Exline in 2004 was funneled through a downtown business whose president is a political insider at city hall.

Sources familiar with the criminal case filed Tuesday against Exline identified the business as Provident Jewelry & Loan, at 331 Clematis St.

The money, paid to Exline for helping to push a subdivision's approval through the city's planning and zoning department, was recorded on the business' books as a purchase and refund. But no merchandise changed hands, one source said.

Provident Jewelry's president is Robert M. Samuels, a city business booster appointed in June 2004 to the Downtown Development Authority by Mayor Lois Frankel. He was reappointed to the board last June on a motion by City Commissioner Bill Moss that was seconded by Exline.

Samuels also was named by Frankel last April to an advisory panel helping to update the city's master land-use development plan.

Samuels denied doing anything improper.

"Neither I nor anyone associated with Provident Jewelry knowingly assisted Mr. Exline in violating any laws," he wrote in a brief letter Thursday to The Palm Beach Post.

Exline, 42, has been charged by federal prosecutors with failing to report the $50,000 on his 2004 income tax return. A hearing is set for March 19, and he is expected to plead guilty. He faces three years in prison and a $250,000 fine upon conviction.

The single criminal charge was the result of plea negotiations between prosecutors and Exline's attorney that began in June, shortly after the news broke that City Commissioner Ray Liberti had resigned while facing corruption charges - and that corruption hunters were circling city hall. Liberti is serving an 18-month prison sentence.

Exline paid the overdue taxes on the $50,000 before confessing to prosecutors.

He also agreed to wear a wire for the FBI during a meeting with the developer who made the payment, a source said. In the taped conversation, the developer acknowledged that the payment was made through the jewelry store so the commissioner could hide the money from Exline's wife while negotiating their divorce settlement.

Exline never mentioned the income on a sworn financial affidavit filed in February 2005 as part of his divorce case. And there's no specific reference to the developer as a primary or secondary source of income on the financial disclosure form he filed with the state in 2005.

The charging document - known as a criminal information - filed against Exline does not name the developer, identifying him only as a real estate broker with whom he was affiliated. State records show that in 2004, Exline worked as a real estate sales associate at a brokerage owned by John Sansbury, a developer and lobbyist who once was a Palm Beach County administrator.

The document filed by prosecutors said the developer paid $50,000 on Oct. 7, 2004, for "past and future real estate commissions and land-planning services" related to a development in West Palm Beach. Exline, a professional land-use planner, worked for the developer through May 2005, the document states.

During that time, Sansbury was seeking city staffers' approval of a subdivision off Okeechobee Road in the west end of the city. Prosecutors say Exline worked on the deal, never divulging to city staffers that he had a financial interest in the project.

Sansbury has not been charged, but he has hired criminal attorney Douglas Duncan, who defended millionaire Fred Keller, convicted in January of murdering his ex-wife over a divorce settlement. Neither Sansbury nor Duncan returned calls for comment.

Samuels, a longtime close friend of Exline's, also figured in a real estate deal closed by Sansbury and Exline on Oct. 5, 2004, two days before Exline allegedly directed Sansbury to pay him the $50,000 through the jewelry store. Samuels and two partners bought property on Evernia Street in a sale brokered by Sansbury and Exline. Sansbury allowed Exline to pocket the entire $36,000 commission.

Aside from his jewelry business, Samuels used to run nightclubs in the downtown entertainment district. He also was a partner in the Palm Beach Jewelry, Art and Antique Show, an event that drew thousands last month to the convention center.

Frankel directed the city attorney's office to make inquiries to U.S. attorneys.

"He has one of the most successful businesses on Clematis Street," Frankel said of Samuels. "I don't want to ruin somebody's reputation or speculate. If there's a charge, an indictment or something that would make it be inappropriate for someone to be on the Downtown Development Authority or any other committee, then I feel certain that both myself and the city commission would take steps for removal."

Exline resigned from the commission Jan. 19, saying he was in trouble over failing to pay income taxes. He surrendered Wednesday at the federal courthouse in West Palm Beach and was released on $50,000 bond.

He has since declined comment.

Petition for condo project withdrawn

A planner on the project cites a lack of time, not the opposition to the building, as the reason for dropping the proposal.

By MICHAEL A. MOHAMMED
Published March 9, 2007

TAMPA - A development company is backing away from its effort to build a 1,500-unit multistory condominium project on Bruce B. Downs Boulevard.

Giunta Group Ltd. is withdrawing its petition to rezone 644 acres just south of Tampa Palms from wetlands to residential.

The project drew stiff opposition from local residents, many of whom worried the condos would worsen the already congested traffic on Bruce B. Downs. Some have alleged that Giunta Group delayed a zoning hearing on the matter in an effort to shake off vocal protesters.

A Feb. 8 letter from Paula Harvey, director of the county's Planning and Zoning Services Division, warned the developer that if it did not complete its application in time for a May 1 hearing, the application would be withdrawn.

Ty Makey, the principal planner on the project, said this week that wasn't enough time. He said the developer is withdrawing its petition.

Harvey said she decided to put a stop to the application because "it had gone on too long with no action or inquiry at all," not because of local opposition.

"After a while, it's costing the county money," she said.

Maggie Wilson, a Tampa Palms taxing district consultant who has led opposition to the project, greeted the announcement with wary optimism.

"It's a two-edged sword," she said. "I consider this a momentary reprieve, but I don't think it's a surrender."

Michael A. Mohammed can be reached at mmohammed@ sptimes.com or 813 226-3404.

In Race Of 3 Retail Centers, Grove Breaks Ground First

Published: Mar 9, 2007

WESLEY CHAPEL - Developers of The Grove at Wesley Chapel, the first of three major retail centers planned for fast-growing central Pasco County, broke ground Thursday morning on the site of the Oakley family's former orange grove.

Bulldozer crews could begin moving earth on the former Oakley Groves property within a week, said developer Bill Krahe, managing partner of Pittsburgh-based Echo Real Estate Services Co. The project still needs a county-issued site development permit for earthwork to begin.

The 800,000-square-foot shopping center will face Interstate 75 just north of Wesley Chapel Boulevard (County Road 54).

Thursday's ceremony put The Grove even further ahead of its main competitors, Forest City Enterprises' Shops at Wiregrass and Richard E. Jacobs Group's Cypress Creek Town Center.

Both competitors remain bound to varying degrees by red tape.

The developers of Wiregrass Ranch, which includes Forest City's project, still must convince county commissioners their 5,000-acre development's traffic won't gridlock the regional road network. The two sides hope to resolve their differences by the time of the county commissioners' meeting April 10 in Dade City.

Cypress Creek Town Center developers recently beat back a legal challenge but still must sell federal regulators on their plan to fill more than 56 acres of wetlands feeding nearby Cypress Creek to make space for their 510-acre regional mall complex.

The Grove's tenant list includes a who's who of major retail centers across Florida, including Dick's Sporting Goods, Best Buy, PetSmart and Toys R Us.

The centerpiece of the plaza will be a 16-screen megaplex built by Cobb Theatres of Birmingham, Ala. The theater will be similar to one Cobb opened recently in Lakeland, said Cobb Chief Operating Officer Jeremy Welman.

Thursday's invitation-only ceremony included members of the companies that are partners in the development.

Mary Jane Stanley, president of the Pasco Economic Development Council, praised the project as an important resource that will help her staff recruit major employers to the county.

"It's really going to do a lot for us by improving the quality of life in Pasco County," Stanley said.

Aside from the 1,800 retail jobs the developer expects to create, the project will bolster the construction industry at a time when residential construction has slipped to 2002 levels, Stanley said.

Randall Stovall, chairman of the Wesley Chapel Chamber of Commerce, also attended the groundbreaking.

Stovall said he sees the new focus on retail development as key to bringing Wesley Chapel into its own.

"Maybe we'll become a destination instead of a place to start from," Stovall said.

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

Mall brings dining to the movies

The cinemas of the Grove at Wesley Chapel will serve alcohol and food.

By CHUIN-WEI YAP
Published March 9, 2007

WESLEY CHAPEL - Here's a question you never thought you'd hear as you're settling into your cinema seat: "Would you like some wine or beer to go with that burger?"

But when the Cobb Theatres 16-screen multiplex opens at the Grove at Wesley Chapel mall next spring, that's the question patrons should expect.

The cinema will be the first in Pasco County to offer 350 "premium seats" in six upper-level auditoriums, where patrons can have alcohol, beverages and food served directly to their seats before the screening starts.

That's not all, Jeremy P. Welman, Cobb's chief operating officer said at the mall's groundbreaking Thursday.

Imagine this:

One would enter the cinema and take either a "grand staircase" or a glass elevator to the upper floor, where Cobb is building a lounge; a 140-seat restaurant offering burgers, sandwiches and salads; and a bar that can fit about 20 people.

A concierge on that floor would sell tickets for the balcony auditoriums, featuring oversized leather seats that have holders for wine and entrees, Welman said. The premium seats would be priced "a little bit more" than the regular seats downstairs, although Cobb hasn't finalized prices yet.

One more thing - 21 and over only, please.

"It's a kid-free zone," Welman said. "It's an adult experience."

Well, it's not as if you'd be ditching your kids altogether. The young ones can still be dispatched to the 2,600 ground-floor seats for a more traditional cinematic experience.

Cobb Theatres is in the final permitting stages to build a five-screen cinema with similar premium seats in Miami, Welman said. The Miami theater is expected to launch about the same time as the Pasco one.

The $175-million Grove will open a few months ahead of the theater, in time to catch the 2007 holiday shopping season, said Bill Krahe, managing partner of the mall's developer, ECHO Real Estate Services.

In addition to confirmed leases with Bed, Bath & Beyond, Best Buy and Dick's Sporting Goods, among others, the developers are still negotiating with Toys R Us, Babies R Us, T.J. Maxx and "a national book retailer," Krahe said.

This would mean Barnes & Noble, Borders or Books-A-Million.

ECHO is spending $8-million to widen County Road 54 and Oakley Boulevard, which leads into the mall off Interstate 75. Work is ongoing.

Krahe is betting that the northward expansion of central Pasco's growth would place his mall in a better position than rivals farther south.

"Granted, south-central Pasco might be where the growth is now, but if you look ahead five to 10 years, we're in a more central location and we've got visibility along the interstate," he said.

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

By the numbers 

16 Number of screens in Cobb Theatres at Wesley Chapel mall.

350 Number of premium seats at cinema.

21 Minimum age of clients for premium seats.

140 Number of seats in upstairs restaurant.

2,600 Number of seats on ground floor.

Study Sees Housing Rebound

Published: Mar 9, 2007

TAMPA - Whether you're trying to sell your house or contemplating buying a home, there's one question on everyone's mind: Has the housing market bottomed out yet?

The answer varies, depending on who you ask. For months, economists and industry experts debated the question, as the number of Florida homes on the market rose dramatically and prices in some areas dropped.

There may be a glimmer of hope, however, according to a study released Thursday by the University of Florida.

The single-family market has indeed bottomed out, the report says, and prices are expected to rise this year. The report urges potential buyers to act now.

"I expect that for most of Florida, prices are as good as they're going to get," said Wayne Archer, director of the Bergstrom Center for Real Estate Studies, which conducted the report. "This is comforting news."

The university surveyed industry professionals, including real estate lawyers, title insurers, financial advisers and real estate scholars. There were 318 respondents.

This is the sixth quarterly survey the university has conducted. The questions are sent to the same 700 people each quarter.

Respondents answered a series of questions in mid-January about their observations of the market. Their answers, Archer said, showed that respondents are seeing a drop in single-family housing prices and that a growing number of respondents think prices are staying even with inflation.

It was the first time since the survey began that respondents' outlook on the market brightened, Archer said.

"When prices maintain the same level as inflation, then we're probably in some kind of equilibrium."

Some analysts and economists are doubtful and were quick to question the report.

"I see absolutely no scope for rising prices this year," said Per Gunnar Berglund, senior economist with Moody's Economy.com. "I think prices have a bit further to go."

The median sales price of existing single-family homes in the Tampa-St. Petersburg-Clearwater area was $214,000 in January, down 7 percent from December and significantly below the real estate market's $239,900 peak in June, according to data released last month by the Florida Association of Realtors.

There were 1,768 sales in January, down 41 percent from a year ago and down 27 percent from December's sales volume of 2,438.

More than 34,000 existing homes are on the market in Hillsborough and Pinellas counties, according to local real estate trade groups.

Berglund says inventory levels in the Bay area are more than twice the normal level. It would take more than 16 months to sell all the houses, Berglund said.

"The ratio of homes on the market has risen way above the six-month supply that is considered equilibrium," Berglund said.

Tim Rogers, an economist at Briefing.com, was more optimistic.

"I think sales are starting to turn, but it might be a little longer before we see pricing turn," Rogers said. "We have lower interest rates and lower prices. These are a good recipe for the housing market."

The survey may offer encouraging news on the single-family housing front, but the condo market looked gloomy, especially in areas such as South Florida and Tampa Bay.

The most recent data from the Florida Association of Realtors show 379 condo sales in January, down 49 percent from 740 sales in the same month last year. Condo prices dropped 1 percent year over year to a median sales price of $183,200.

"If you're buying a home to live in for five years or more, you'll be OK," said Mike Larson, real estate analyst for Weiss Research, based in Jupiter. "But if you're looking at it purely from a financial standpoint, renting may be more economical."

Reporter Shannon Behnken can be reached at (813) 259-7804 or sbehnken@tampatrib.com.

A happy ending for the Biltmore

By RITA FARLOW
Published March 9, 2007

BELLEAIR - An international asset management firm in Baltimore announced Thursday it wants to buy and save the Belleview Biltmore Resort & Spa.

Executives with Legg Mason Real Estate Investors would not disclose the proposed purchase price or the closing date, but said in a written statement they had a contract to buy the resort and intend to preserve the 110-year-old hotel.

"Our No. 1 goal is to devise an economically feasible plan to rehabilitate and restore this landmark property," Legg Mason managing director Joseph Penner said in a press release.

Reached Thursday, Penner confirmed the purchase contract but declined to comment further.

Vince Sanfillippo, the chief investment officer for the hotel's current owner, Urdang Capital Management, did not return a call late Thursday afternoon.

But Legg Mason's announcement quoted Sanfillippo as saying the buyer's plan for the resort's future was an important factor in reaching a deal.

A preservationist who led a 2 1/2-year fight to save the 820,000-square-foot hotel applauded the agreement.

"It's a perfect solution for the hotel because they want to save it and they want to save the golf course," said Rae Claire Johnson, president of Friends of the Belleview Biltmore.

"It's just exactly what we demonstrated for and why we asked the city to put the protections on the property, and these people are willing to abide by those protections," she said.

Preservationists have fought to save the historic hotel, which was built by railroad magnate Henry B. Plant, ever since DeBartolo Development announced plans to raze the hotel and build condominiums on the property, said G. Michael Harris, who is on the town's historic preservation board. That deal fell apart in 2005.

Harris said saving the hotel has far-reaching implications.

"It's just as important for the residents of Belleair as the whole future of Pinellas County and the state of Florida," he said. "It's preserving history for future generations."

Legg Mason is involved in the redevelopment and restoration of two historic buildings into a new hotel in Santa Monica, Calif.

Times staff writer Lorri Helfand contributed to this report. Rita Farlow can be reached at farlow@sptimes.com or 727 445-4167.

Fast Facts:

Preserving history

Belleview Biltmore Resort & Spa - Built by railroad tycoon Henry B. Plant. Opened in 1897. Added to the National Register of Historic Places in December 1979.

- Includes 244 rooms, 13,000-square-foot Tiffany Ballroom, 18-hole golf course

Legg Mason Real Estate Investors

- Provides "creative and flexible" commercial real estate financing.

- Part of publicly traded Legg Mason Inc., the world's fifth largest asset manager, with assets of more than $800-billion.

$1B deal? Let public talk, says Jacobs
But negotiators for 3 sports and arts facilities say there has already been plenty of feedback.

David Damron | Sentinel Staff Writer
Posted March 9, 2007

A series of town-hall meetings and citizen surveys should be conducted before elected leaders approve a $1 billion deal for sports and arts facilities downtown, a county commissioner said Thursday.

Commissioner Teresa Jacobs is pushing the proposal, arguing that city and county leaders know little about how residents feel about a new performing arts center, arena and Citrus Bowl renovations.

"The more public input you get, the better the final product," Jacobs said.

"And that's more likely to happen the more you open up the process."

There has been no public vote or poll as government negotiators have hammered out a complex financial deal for the costliest public building project in Central Florida history. Although some workshops have been held, citizen input was minimal.

And there is no formal public hearing scheduled until the day commissioners vote to cement the deal, possibly as early as April.

Both Orlando Mayor Buddy Dyer and Orange County Mayor Rich Crotty reacted coolly to Jacobs' proposal.

"We've had at least 10 [public meetings], if not more," Dyer said, later adding through a spokeswoman that roughly two dozen workshops and presentations have been made.

"They were all in the city. But if Commissioner Jacobs wants to hold them in the county . . ."

Crotty said he doesn't "discount the idea of more public input" but added that "the problem is, we are moving pretty aggressively" to get a final deal done.

Dyer, business leaders and venue backers all are pressing Crotty to quickly call a vote on the venues package.

Town-hall meetings

Jacobs' proposal would include scheduling town-hall meetings in all six County Commission districts, and perhaps televising them on Orange TV's public-access channel. In that setting, critics and supporters can weigh in, and residents who attend can sound off in an exit survey.

Jacobs said the meetings could air opposing views and solicit public concerns about the projects, which may prove more trustworthy than any phone poll about such a complicated venues deal, Jacobs said.

"Right now, the pressure is all one-sided," Jacobs said, "and that's to get [a deal] done and get it done quickly."

A call for a referendum on the downtown-venues package floated last month by County Commissioner Fred Brummer is all but dead from lack of elected-leader support.

No major media polling has been conducted since the most recent venues package was put together.

Previous public surveys showed weak support for tax dollars going to build a new arena, but stronger public backing for spending tourist taxes on a new arts center or Citrus Bowl.

Poll done by Magic

The only recent public poll was done by the Orlando Magic late last month.

It shows 65 percent of residents back the projects if mostly tourist taxes and some private dollars help pay for it, and if all three are built at once.

A more complete report of that Magic survey of 400 people in Orange County was circulated to county leaders Thursday.

It showed the residents' support increased if they knew more about the team's $50 million upfront cash contribution, along with other operating and financial pledges to the overall deal.

Residents also were asked if their support for the three-project plan would grow if they knew that tourist taxes being used to fund much of the venues' package couldn't be spent on schools or roads.

State lawmakers have written that restriction into law. Once again, support rose with that added information.

Crotty said there is no shortage of opinions coming in from e-mails, phone calls and comments on the street.

"We don't want to get sidetracked by . . . calls for a poll or referendum," Crotty said. "Truthfully we're getting a lot of feedback on this."

David Damron can be reached at ddamron@orlandosentinel.com or 407-420-5311.

Critics: State's plan won't protect Peace River

By KATE SPINNER

kate.spinner@heraldtribune.com

In the past two decades alone, more than 31,000 acres of wetlands along the Peace River have disappeared, largely victim to phosphate mining, farming and development.

State regulators, environmental groups and county leaders all agree that the loss bodes poorly for the the river, a key source of water and eco-tourism in Southwest Florida. But the parties differ on who is responsible for the damage and how to fix it.

This week, the state Department of Environmental Protection released a management plan that it said would better preserve the river and reverse the damage done to it.

The DEP will present the plan to the Legislature this session, but will have to come back next year for approval to put many of the recommendations in place.

The plan was immediately criticized by local government officials and environmentalists, who said it will do little to protect the river.

"Only approximately 10 to 15 pages of the 100-page document appear to be things that you could call management steps," said Charles Fletcher, a Tampa attorney working to help Charlotte County protect Charlotte Harbor. "A management plan is supposed to have certain quantifiable goals. That is not done here."

The Peace River begins near Bartow in Polk County and travels 100 miles to Charlotte Harbor, the second largest estuary in Florida.

The river serves as the primary water source for Charlotte and DeSoto counties and also provides water to Sarasota County.

Fletcher said the study that preceded the management plan did a great job of documenting dramatic losses in the basin: 343 miles of streams, 600,000 acres of forests, huge decreases in fish populations, serious degradation of water quality and severely reduced flow in the upper portions of the river.

But the management plan provides no tangible goals or deadlines for reversing those loses or preventing them from continuing to occur, Fletcher said.

What it does offer is vague suggestions, such as:

Buying more land along the Peace River, though no funding mechanism is suggested.

Evaluating whether phosphate mines need to be permitted differently.

Examining environmental laws to find out how they allowed wetland loss between 1979 and 1999.

Rick Cantrell, a DEP official in the resource management division, said the plan starts a process.

"It is not cast in stone," he said. "As we get more details, we will change the document as necessary."

Cantrell said the agency has to rely on the Legislature and the governor for authority to act on many of the recommendations in the plan, which is why it lacks specifics.

The DEP will likely review the plan and make changes every five years, Cantrell said, although he does not expect to make any change within the year.

The Legislature ordered the DEP to create the plan in 2003, at a time when Charlotte County was winning battles against the agency in court over the way it issued phosphate mining permits.

Phosphate mining and intense agriculture are largely responsible for drying up the small streams that once fed the river.

In recent years, the river has gone dry near its headwaters and the harbor has grown increasingly salty.

To reverse some of the old damage, the DEP suggests restoring forests and old streams.

Also, the DEP will ask the Legislature to put back a trust fund that pays for reclaiming old phosphate mines. The mines act as plugs in the landscape, diverting water flow to the river. Reclamation would involve returning the original water flow.

The DEP also sees the need to stop future stream and wetland losses. But first, Cantrell said the agency needs to figure out how those losses are happening.

Cantrell said he does not believe any land-use permitting in the watershed is leading to wetlands loss today, but he said it's worth reviewing the laws in place to make sure they are effective.

Jim Cooper, head of a regional environmental group called Protect our Watersheds, said the plan's priority needs to focus on putting laws in place that keep development, mining and agriculture from causing future harm to Charlotte Harbor.

To achieve that, Cooper said there needs to be a lot of follow-up to the plan, including money to form a committee that will make sure the plan doesn't gather dust.

Otherwise, Cooper said, "it'll be like opening up a fortune cookie and reading some good news."

Water will be tested off polluted beach

CROSS CITY - The mystery of Florida's dirtiest beach could soon be solved.

Water samples will be taken next week around Shired Island in Dixie County. After previous tests showed high bacteria levels near the remote island, a national environmental group named the beach there the dirtiest in the state.

The new samples will be DNA tested to determine whether human or animal waste is polluting the water. Officials suspect birds or other animals are the source, though they say health warnings will be ramped up in either case.

"We don't care from a public health standpoint whether it's human or animal, because both of them can make you sick," said Robert Vincent, environmental administrator for the Florida Department of Health's Bureau of Water Programs.

The Dixie Soil and Water Conservation District discussed Wednesday how to address the problem. District members said they would improve signs warning swimmers and seek funding for additional water tests and improved waste treatment at facilities there.

The beach is in a county park surrounded by the Lower Suwannee National Wildlife Refuge, south of Horseshoe Beach on the Gulf of Mexico coast. Because of the remote location, officials have been puzzled about the high bacteria levels.

The Natural Resources Defense Council last year named Shired Island one of 22 "beach bums" for violating water-quality standards at least half the time samples were taken. Fifteen of 20 tests in the past four months found high levels of enterococcus, a bacteria that can cause diarrhea and infections of the eyes, nose, throat and skin.

Shired Island is in an estuary attracting migrating birds, so county officials suspect birds are the bacteria source. While health warnings are posted when bacteria levels are high, officials say they'll now install a permanent sign.

"Maybe it's just a location that wasn't meant for swimming. It's not Daytona Beach," said Wesley Asbell, the county's environmental health director.

The conservation district also will seek money to improve facilities at the park. Asbell said a high-efficiency septic tank could be installed for a public restroom, and recreational vehicles could be allowed to dump waste there.

The soil district also will seek money for additional tests. The Suwannee River Water Management District funded a study finding that human and animal waste were bacteria sources in water samples taken in 1999 and 2000.

The study used less sophisticated technology than DNA testing and was conducted in dry years, limiting runoff that could contribute to bacteria.

The new tests could use DNA testing and provide a more accurate picture.

But they won't solve the mystery completely. While the tests can identify animals as the source, they won't show the species.

Dixie County Commissioner Buddy Lamb said a discovery that humans are the source will create another mystery for the county.

"If you identify the problem, you've got to identify where it comes from," he said. Nathan Crabbe can be reached at 352-338-3176 or crabben@gville sun.com.

Ads focus on clean water
Campaign urges residents to pitch in

“There is nothing cute about pollution” warn the new public-service announcements about to come your way from the city of Tallahassee. Yellow rubber ducks symbolically follow the route of stormwater through town.

“Don't duck your responsibility," is the theme.

And therein lies the message.

With a combined budget of $1.2 million from the U.S. Environmental Protection Agency, private companies and tax dollars, the city is kicking off its Think About Personal Pollution (TAPP) initiative to educate residents about everyday habits that contribute to water pollution. They advise residents to curb their dogs, avoid fertilizers with phosphorus and nitrogen, avoid dumping chemicals down the drain and contain stormwater with rain gardens so that water can naturally filter back into the aquifer.

“We cannot do it alone,” said John Buss, director of the city's stormwater management division. These practices will “ensure runoff from their yard is as clean as possible.”

“Everything that goes on the ground will end up in the water eventually,” project coordinator Nancy Miller said.

The Florida Department of Environmental Protection reports that more than half of the pollutants that enter Florida's water systems and more than 75 percent of the pollutants in Florida's lakes are attributed to personal pollution.

"Just as each of us relies on water every day, each of us also pollutes daily, often without realizing it,” Miller said.

Water quality in Tallahassee is not bad, but there are some spots that aren't good.

“We have fairly good water quality,” TAPP grant manager Blas Gomez said. “Except for Lake Munson, it's one of the most polluted lakes in the state.”

The lake was once used as a sewage dump, but has since been restored, though not to its original pristine condition. Wakulla County officials have also blamed Tallahassee's sprayfields and stormwater runoff for the deterioration of Wakulla Springs.

Because of these dangers to the environment, residents are reminded to be a little more mindful of their everyday habits.

“We are blessed to have a large quantity of water,” Miller said. “We are on top of the aquifer. When you see a sinkhole, you're really looking into our drinking water.”

Agencies oppose all 4 routes for new river bridge

Palm Beach Post Staff Writer

Thursday, March 08, 2007

PORT ST. LUCIE — Three environmental agencies that hold the key to a new bridge over the St. Lucie River have rejected all four possible routes, meaning the city will become the first agency in Florida to undergo a complex dispute resolution that could end with the governor and Cabinet deciding a crucial question: Will the Crosstown Parkway be a road to nowhere?

Although city officials already are building the first segments of the six-lane road between Manth Lane and Interstate 95, they still need state approval to cross state-owned preserves along the river to reach U.S. 1.

Without the bridge, the Crosstown Parkway belies its name and serves only those west of the river, doing nothing to relieve parking-lot conditions on two existing roads that span the pristine river: Port St. Lucie and Prima Vista boulevards.

During a recent meeting with the city and state Department of Transportation, local agents from the Florida Department of Environmental Protection, U.S. Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission raised red flags over four possible bridge routes between Manth Lane and U.S. 1.

A red flag indicates a project is contrary to an agency's goals, is impermissible, has significant environmental impacts or that the need for it is questionable.

DEP ultimately reduced its opposition to the northernmost route to an orange flag, meaning it had substantial concerns.

City Engineer Walter England said state officials like the northern route because it doesn't cross state-owned preserves, but it would have similar environmental impacts while disrupting far more homes and businesses than the city's favored route, between West Virginia and Village Green drives.

It also is projected to attract fewer motorists than the remaining routes because it is farther from heavily used Port St. Lucie Boulevard.

"It doesn't satisfy the problem," England said. "We could live with the Walters Terrace route, but it also has a high socioeconomic impact because it cuts diagonally across neighborhoods."

City Manager Don Cooper said that, despite the opposition, he's happy to be moving from local agency officials to those at a higher level so final decisions can be made more quickly. The city has been studying potential bridge routes for several years and had hoped to be designing a new span by now.

"We can finally get to a level where people can make decisions," Cooper said.

Beatriz Caicedo-Maddison, senior project manager for DOT in Fort Lauderdale, said the Efficient Transportation Decision-Making Process the city is undergoing has been in effect for a few years but said Port St. Lucie is the first agency to receive red flags, resulting in an appeal to agency directors.

The dispute process will take about 120 days.

If the parties can't agree on a route by then, the city could appeal to the governor and Cabinet for relief, officials said.

Brooker Creek flooding study expanded

By NICOLE HUTCHESON
Published March 8, 2007

A study to find ways to ease flooding near the Brooker Creek Preserve is being expanded to three other flood-prone areas in North Pinellas.

Engineers with the Southwest Florida Water Management District will look at the areas around Lake Tarpon, the Lake Tarpon Outfall Canal and Hollin Creek, which feeds Salt Lake just south of the Pinellas-Pasco county line.

In 2004, the state planned to spend $1.4-million to study ways to reduce flooding and improve the water quality of the Brooker Creek watershed, which covers about 30 square miles across Pinellas, Hillsborough and Pasco counties.

Development has created flooding problems in neighborhoods surrounding Brooker Creek.

The 2004 Brooker Creek study is still under way, but will cost only $902,356.

So the water management district will use the rest of the money to analyze the three adjacent watersheds, which cover a total of 28 square miles.

The studies will look at:

- Land elevation, drainage ditches and culverts.

- Flooding or water quality problems.

- Potential projects to solve the flooding problems.

Those could include installing different sized culverts or rerouting drainage.

"We're trying to do studies on every watershed," said Michael Molligan, spokesman for the management district, also known as Swiftmud.

"A lot of the problems are from developments prior to 1984 when district permitting went into effect."

After the study conducted on the three outlying watersheds is complete, the findings will be shared with local officials.

We Must Stop Wasting Water

Pasco Tribune Editorial Published: Mar 5, 2007

"Waste not, want not."

Dad repeated these words of wisdom throughout my youth. Then, and for a long time, they were more memorable than meaningful.

Today, they are words I live by. I live them in the context of water resources, which once seemed as limitless as the oceans but now seem as finite as the span of our lives.

Being wasteful was never a characteristic of the America I grew up in. At most, it is a recent and transitory behavior that is sometimes referred to as "affluenza." It is an aberration in this land of plenty which has just about run its course, as the law of supply and demand forces us to focus on using resources more wisely.

The signs of a return to common sense are all around us.

Water resources are as much governed by supply and demand as any other resource. The soundtrack of my life conjures up the musical phrase "take what you need and leave the rest." Drawing from the aquifer to create and sustain unnatural landscapes isn't the whole problem, and just using less individually isn't the whole solution. That is just one part of the equation.

The other side of the equation is where even greater waste occurs. As we pave paradise, we encourage our precious rainfall to run off our yards and flow through gutters, pipes and channels into the sea instead of directing it back into the ground to replace what we borrowed. In the process, all the wastes flushing into pipes, ponds, puddles and streams degrade surface waters instead of being naturally cleansed and recycled as it infiltrates the earth.

Beating ourselves up for temporarily being a little neglectful, self-indulgent and unengaged is a waste of time and energy. The solution is quite simply achieved by paying attention to both the supply and demand sides of the water balance where we live and work.

The problem cannot be solved solely by government rules, regulations and public works projects. The solution doesn't require spending a lot more money, either, but it does need the active participation of "we the people." Simply stated, the solution is no more complicated than eliminating wasteful irrigation and doing all you can to help the rain soak into the earth instead of running into the street.

Eliminating wasteful irrigation is mostly ensuring that water is evenly distributed to turf and groundcovers or directed to the roots of shrubs and trees. The most difficult part is scheduling the irrigation by taking into account recent weather conditions. When attached to irrigation systems, soil moisture sensors do that automatically. Fortunately, irrigation technology advances have made the sensors so affordable that their cost can be quickly recovered through lower water bills.

Directing water into the ground isn't difficult. Direct gutter downspouts onto the lawn and landscape, or collect it into a rain barrel for later use. Revisit the idea of using shell, gravel and mulch driveways. The water will be filtered and absorbed before it gets to street gutters and pipes to be carried off into surface waters that eventually flow into the Gulf of Mexico.

Expanses of concrete and asphalt pavement are currently the norm, and its imperviousness has made stormwater control a necessity at the expense of groundwater recharging.

The good news is that many forward-thinking architects, engineers and builders of today are busily designing driveways with paving stones and some roads, parking lots, bike paths and sidewalks with porous asphalt or concrete. Even accumulated mountains of discarded tires are being recycled into surfaces that allow water to pass through faster than a heavy downpour of rain may fall upon it.

Waste not, want not - we would all do well to keep those words in mind.

The writer is Florida Yards & Neighborhoods Program coordinator in Pasco County, a position funded by the Southwest Florida Water Management District. He can be reached at (727) 847-8177 or e-mailed at Cdewey@pascocountyfl.net.

Resort wins early legal battle

By Terry Witt

A circuit judge on Monday dismissed a lawsuit filed by the Save the Homosassa River Alliance against the River-side Resort expansion, saying the alliance and its members lacked standing to file suit.

Circuit Judge Charles Harris said the lawsuit failed to show how the alliance or its members are negatively af-fected to a higher degree than others in the Homosassa River community. He said they lacked standing and gave the alliance 20 days to amend its paperwork and file again.

The alliance said it would amend the lawsuit.

The alliance has filed two lawsuits challenging county commission approval of the expansion of Riverside Resort on the Homosassa River. Harris dismissed the suit that alleges the county violated its own comprehensive plan by approving the project.

Harris said the alliance must provide more information than merely claiming its members live in Homosassa.

“Living and owning property in the community, even in the vicinity, is insufficient in and of itself to establish standing,” Harris wrote. “There are many in the community who own property, even along the Homosassa River sys-tem. Contributing to environmental causes and participating in public meetings also is insufficient to grant standing. And merely being more willing than others to litigate does not confer standing.”

The resort is converting motel units to condominiums on a piece of property zoned general commercial. The two-story resort would become a four-story resort on the river.

In the suit Harris dismissed, the alliance argued that Riverside Resort lies in the newly established Old Homo-sassa Redevelopment District, which is part of the comprehensive plan. They say the district has enhanced land use standards that prohibit buildings that don’t look like Old Homosassa, a one-story community.

However, Derrill L. McAteer, attorney for Riverside Resort owner Gail Oakes, said his client bent over back-wards to design the resort to look very much like the fishing community that surrounds it, including tin roofs. He said the resort would become the economic hub of Old Homosassa.

McAteer and the county’s attorney, Michele Lieberman, raised the issue of standing in a hearing last week. McAteer said the judge made it clear that when people don’t live within sight or sound of a project they lack the standing to file this type of challenge in court. He said they have also made no claims that the project will do envi-ronmental harm.

He also said the alliance is chartered as a 501(c)3 tax-exempt organization and is not supposed to be involved in trying to influence politics.

“They are playing with fire on their 501(c)3,” he said. “They are going on an anti-development kick with this or-ganization and that’s not what it was intended to do.”

Alliance President Priscilla Watkins said the alliance is not allowed to take part in partisan politics, or to support or oppose political candidates, and it has not engaged in those activities.

She said last week’s hearing before Harris was confusing. She said the alliance was under the impression the judge would rule only on Oakes’ request to intervene in the lawsuits against her project, but the judge began asking questions about standing, which was unrelated.

“All that was supposed to be heard was the motion to intervene. It should have been a case of yes or no and we’re out of here,” she said. “That’s why we didn’t attend the hearing. His position on standing is weird, to say the least. The community of Old Homosassa is under enhanced land use standards and we participated in that. I don’t see how he can say we don’t have standing.”

The judge’s ruling does not affect the alliance’s second lawsuit, which alleges alliance members were not given due process when the resort was approved in a county commission public hearing.

Phony ballots for myregion.org tossed

A growth poll may have been the target of a Web prank, but the results weren't affected much.

Kevin Spear
Sentinel Staff Writer

March 8, 2007

More than 400 ballots cast in an online survey about the region's future growth will be thrown out as fraudulent, but that finding won't have a significant effect on the poll's final tally, survey organizers said Wednesday.

The heavily publicized 20-day "How Shall We Grow?" survey by the growth-planning think tank myregion.org ultimately drew more than 7,000 responses before the poll closed three weeks ago.

During the voting, the survey was attacked by someone using an automated program and hiding behind a remote Internet address, a security expert told myregion.org members at a meeting Wednesday.

The culprit voted multiple times, but those ballots were identified and will be discounted, as will additional ballots cast from some other people who voted more than once.

Myregion.org hired a computer-security company and an accounting firm to examine the results, and the probe should put to rest any need for further review of the survey's validity.

"We're finished," said Jacob Stuart, president of both the Orlando Regional Chamber of Commerce and myregion.org.

The How Shall We Grow? survey presented three possible priorities for new directions in growth: protecting green spaces; compact communities that discourage sprawl; and concentrating new development along rail and other transportation routes.

Of 424 surveys rejected, about 305 had been cast in favor of growth coupled with transportation corridors. Another 97 ballots that were tossed out favored green-space conservation.

The eliminated surveys didn't substantially alter final results. The green-spaces choice was ranked as top priority by 27 percent of survey-takers. The anti-sprawl choice was favored by 38 percent. And the transportation choice drew a top ranking from 31 percent.

Stuart said myregion.org members predicted the results would split equally.

Results from the poll, which was designed after community meetings last year, will now be in the hands of three committees for interpretation.

Two of the committees are creations of myregion.org: the Central Florida Regional Leadership Council and the Central Florida Regional Council of Mayors. The third is the Central Florida Public School Boards Coalition.

Myregion.org plans to announce a regional growth blueprint this summer.

Todd Rader, chief executive officer of Avancent Consulting in Winter Park, said he thinks that whoever attacked the poll may have been doing little more than having fun.

"My sense is there wasn't an agenda behind it other than to demonstrate they could do it," Rader said.

Rader said steps taken to cast the bogus ballots were beyond the ability of most people but not particularly difficult for someone with moderately advanced computer skills.

Among findings of the probe, questionable ballots came from five Internet addresses. One of those addresses was linked to 328 ballots cast, and many of those were cast in one concentrated period -- the early morning hours of Feb. 6.

The Internet address where those ballots came from is not one associated with household or business use, but is affiliated with a commercial data center, Rader said.

"This is someone who knows enough to mask their own Internet address," Rader said.

Kevin Spear can be reached at 407-420-5062 or kspear@orlandosentinel.com.

State frowns at mine permit

By TERRY WITT

Efforts to expand the Inglis Quarry in northern Citrus County ran afoul of a state envi-ronmental agency Monday.

The Florida Department of Environmental Protection notified a consultant for Cemex Inc., the mine operator, it has concerns about the potential effects of the mine expansion on water quality and residential wells in the area.

Cemex has applied for an amended surface water management permit that would allow the company to expand limestone mining activities from 335 to 809 acres. The surface water management system would grow from 704 to 1,074 acres and 30 acres of wetlands would be dredged or filled, according to DEP.

To compensate for wetland damage, the owner of the mine, Dixie Hollins, offered to con-vey to the state his harvest rights to an area of slash pine saw timber on state-owned lands adjacent to the Marjorie Harris Carr Cross Florida Greenway.

However, Richard W. Cantrell, deputy director of the Division of Water Management, said the agency has a number of concerns about impacts to water levels, fish and wildlife, and water quality. The agency also has concerns about whether the proposed surface water man-agement system can effectively protect the environment.

In a March 5 letter to Creative Environmental Solutions Inc., a consultant for Cemex, Cantrell said Cemex will have to conduct extensive groundwater monitoring and a detailed study of subsurface soil and water conditions to address agency concerns.

“It is expected that the study will be ongoing for some period of time,” Cantrell wrote. “The results of the study may recommend significant changes to the design of your proposed surface water management system. For these reasons, Department staff recommends that the applicant withdraw environmental resource permit modification application No. 231108-002.”

Dave Berkley, president of Withlacoochee Area Residents (WAR), said that with DEP re-questing such a volume of information from Cemex, “it gives them a high hill to climb.” WAR is opposed to the mine expansion.

“I think what they are saying is there is no chance for expansion until they address all of DEP’s concerns,” he said.

Sarasota County eyes property held by city

By CAROL E. LEE

carol.lee@heraldtribune.com

SARASOTA -- A 2,500-acre real estate deal is taking shape in which taxpayers would be the buyers and the sellers, with a private landowner as the middleman.

The city owns the land and currently uses it to dispose of reclaimed water. It could have to sell it back to the original owner because of an agreement it entered into nearly 20 years ago.

The company, Hi Hat Ranch, is poised to make a profit by then selling the property to the county.

When the city bought the land in 1989, the near $7 million deal included a so-called Option to Purchase Real Property that said Hi Hat could buy back the property for a predetermined price at any time before January 2009.

The city was upgrading its waste-water treatment plants and wanted to use it as a disposal site for reclaimed water. It was difficult to find large tracts for the project back then, recalled Bill Hallisey, the city's director of public works. So the city signed the option agreement and has since used the land to irrigate reclaimed water.

Hi Hat began to consider exercising the option for the first time after the county's Sarasota Conservation Foundation expressed interest in the property in December.

The land is off Fruitville Road about nine miles east of I-75.

If Hi Hat exercises its option this year, the city would double its investment and get about $14.7 million, or $5,900 an acre, a moderate price by north Sarasota County standards.

Over the last 20 years, the city has expanded its water treatment operations to other locations, such as parks and golf courses, so the loss of the Hi Hat property would not have an impact, Hallisey said.

Negotiations are just beginning, the parties involved said. But the option agreement renders the city a near voiceless role in that process.

"If they decide to exercise their option, the city has to honor it and sell it to them," said City Attorney Bob Fournier. "We don't have a choice."

Hi Hat Ranch attorney and company partner James Turner said he did not know if the company would sell the land at a profit were it to buy it back from the city.

"We haven't decided what we're going to do with the option.," Turner said.

"I suspect the dialogue was entered into now because the option rights expire in a couple of years."

The conservation foundation has identified Hi Hat's property as "land with significant environmental resources," said Albert Joerger, president of the foundation.

Panel OKs $14.5 Million Land Deal

BARTOW - A lakeside orange grove owned by a fifth-generation Floridian is poised to become a park for the recreation-starved Four Corners area, while congested Hunt-Fountain Park in North Lakeland will get some relief from a new park slated for Daughtrey Road.

Polk County commissioners voted unanimously Wednesday to spend $14.5 million for two pieces of property, with the bulk of that amount - just under $12.5 million - going for the Hayman Family Partnership's 83.15 acres. That land, which Leisure Services Director Don W. Wilson described as the "crown jewel of the Four Corners area" is east of U.S. 27 , 1.2 miles south of the Lake County line, and includes lakefront acreage along Old Lake Davenport.

The other parcel, the 28.57 acre Ottinger property, is at 2010 W. Daughtrey Road in North Lakeland and will cost just over $2 million. It's a short distance south of Hunt-Fountain Park on Duff Road.

These are the first of several purchases to be made under a 10-year plan for acquiring 550 acres of parkland, which will reduce some of Polk County's existing shortage of parks, Wilson said. Meetings will be held to get input from area residents on what they want while plans for the parks are being designed.

Commissioner Jack Myers said he wants to know whether Four Corners residents would like the park to include a community center near the lake, available for holding events such as weddings.

Although many areas in Polk County feel the strain of needing more park facilities, the shortage is particularly acute in Four Corners where booming growth has absorbed much of the desirable land and owners often are unwilling to sell large tracts.

Both purchases will close by the end of the month, unless there are delays in moving a small amount of dirt with traces of arsenic in it on the Four Corners site, Wilson said. He said the arsenic traces developed naturally and are confined to a 40-foot-by-40-foot area. Clean-up will involve hauling away three dump loads of dirt, he said.

Initially, when the county looked at the Hayman property, it wasn't for sale.

Dr. W.P. Bill Hayman, who has owned the property since 1954, said he and his wife, Maude, began considering selling the land as they became older, but that their daughters were reluctant to let it go.

The land is still a producing orange grove, said Hayman, who was born alongside Lake Cannon in Winter Haven in 1923.

"It is an outstanding piece of property," he said, recalling how desolate the area was when he bought it.

Once the family decided to sell, he and Wilson said, the steps that brought it to the county seemed almost preordained.

Hayman, a retired Air Force veterinarian now living in Maitland, had an appointment with his lawyer, Don. H. Wilson, and a prospective private buyer. But the potential buyer canceled their appointment.

Don H. Wilson, who does legal work for the Polk County School Board, checked to see whether the School District was interested in buying the land. The site was too far north for the district, but school officials suggested the county might be interested.

A county official, Don W. Wilson, meanwhile, had gone to take another look at the Four Corners land and resolved to make another try at acquiring it. Don H. Wilson called within hours of his return from that trip.

Hayman said he is glad Polk County is acquiring the land, rather than a private developer, not only because he thinks it will make a beautiful park but because "I grew up here in Bartow. I still have roots here."

Robin Williams Adams can be reached at robin.adams@theledger.com or 863-802-7558.

241 homes planned for Ridge Manor

By MICHAEL D. BATES
mbates@hernandotoday.com

RIDGE MANOR — Planning and zoning commissioners Monday will consider a request to build 241 two-story townhomes on 24 acres at Croom Rital Road, north of State Road 50, near Sherman Hills Golf Club.

Planning staffers are recommending the P&Z board approve the rezoning of the property from agricultural and planned development (single family) to a planned development accommodating multi-family housing (townhomes).

The development is expected to add about 80 additional students to Eastside Elementary, D.S. Parrott Middle and Hernando High schools, according to Ken Pritz, the county school board’s facility and support operations executive director.

This will be the third time engineer Nicholas Nicholson will appear before the board to pitch the project, which has been downsized since it was first submitted in October 2006. At that time, the developer sought approval for 392 condominiums.

Townhomes are not only less expensive to build but fill a needed niche in Hernando County, Nicholson said.

The developer plans to sell these units for around $150,000, which would classify them as workforce housing. Nicholson said his idea of workforce housing is a household that earns $45,000 annually or less.

“We’re trying to keep the price down to $150,000 so teachers, policemen, firemen and people working at the nearby Wal-Mart Distribution Center can live there,” Nicholson said.

The units will be for sale only and there will be a homeowners association, clubhouse and pool.

Nicholson said the Withlacoochee State Forest across the street and the easy access to Interstate 75 should be main draws.

The developer has agreed to improve Croom Rital Road, which had been a concern with planning staffers. He also reduced the number of homes to satisfy the county and nearby residents.

Nicholson said he will present on Monday a plan to alleviate potential flooding on the site.

If approved, Selway would piggy back on the county’s flooding relief project planned for that area to enhance his own development and save the county money.

Recently, the county worked out an agreement with the owners of Sherman Hills Golf Club that would allow the county to construct and maintain a stormwater pump station in the drainage retention area at Stoney Brook.

The county will lay pipe lines and pump water into the irrigation holding pond there for the golf course, which can use it for irrigation.

The pump station will affect about 15-20 homes along Sherman Hills Boulevard, close to the proposed project. At times, the flooding is so bad that emergency vehicles are unable to access many of those homes.

The developer has agreed to give the county easement to construct a force main along the western boundary of our property so residents property won’t be torn up.

Nicholson’s plan is to add on to the existing pond and move the pump station to the north, which means the county would have to pump less often and save money.

It will also solve the flooding problem for residents, he said.

The pump station will be designed so that during the times when Sherman Hills Golf Club does not need irrigating, the treated water from nearby Stoney Brook pond will bypass the golf course and continue through the system to other areas off-site.

The planning and zoning meeting begins at 9 a.m. Monday, March 12 at the Government Center, 20 North Main St. in downtown Brooksville.

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

Land sale to test Stuart's historic rules

Palm Beach Post Staff Writer

Thursday, March 08, 2007

STUART — When city commissioners signed off on the idea for a historic village downtown, they figured it would include one of the city's oldest homes - the old Owl House, a wood-frame home so named because its eaves look like owl ears.

But whether commissioners get their way may well depend on what happens March 30.

That's when an auctioneer is scheduled to sell the land that includes the historic house and an office at the corner of Colorado Avenue and Seminole Street.

Among those keeping a close eye on the sale will be city officials, who say the Owl House could be a test case for the city's ambitious historic-village plan.

"This is going to determine whether or not it's viable," City Commissioner Michael Mortell said.

If the new owner wants to leave the house as is, all the better, Mortell said. But if someone wants to tear it down for new development, the city may have to act fast, finding both a place to put the house and the money to move it.

"I'm concerned," Mayor Mary Hutchinson said Wednesday upon hearing news of the auction.

Though commissioners have said they like the idea of a historic village behind the Stuart Feed Store museum on Flagler Avenue, the plan is in its infancy. In December, the commission directed staff to apply for a $25,000 state grant, which the city would match, to pay for drawing up plans for the site's water and sewer lines, landscaping and layout.

The idea is that about a half-dozen houses would be refurbished and leased to small businesses. But preparing the site to receive the houses will cost an additional $400,000, said Terry O'Neil, a city consultant overseeing the project.

Should the Owl House's new owner want to get rid of the building, the city likely could find a place to store it temporarily until the village site is ready, City Manager Dan Hudson said. But that would involve two moves, which can be costly.

Chris Sawicki, president of Stuart Heritage, estimated a single move by land would cost $40,000 to $60,000, for which the state could provide at least some of the money. It probably would be cheaper to move the house by barge from its current perch along the St. Lucie River to the Feed Store site a few blocks away, Sawicki said.

Mortell said he would be willing to borrow the money if a grant weren't available quickly. But he's hoping the size of the Owl House property will make it difficult to redevelop. Because the property is so small, it wouldn't be worth the money for a developer to tear the house down and replace it with townhouses or condos, Mortell said.

Thomas Lucido, the owner of a Stuart land planning firm, agreed.

He and attorney Linda Hake considered buying the property in 2005, but only if they could persuade neighboring property owners to sell, too. They couldn't, so the two decided their plans for building a boutique hotel or bed-and-breakfast wouldn't work, Lucido said.

Even if the new owner does try to redevelop, the city commission still could have a say in what happens to the Owl House, Vice Mayor Jeffrey Krauskopf said. For example, if the owner was to seek an exception to development rules, commissioners could require that the owner pay to move the historic house.

A new ordinance would require a 90-day waiting period before the building could be demolished, O'Neil said.

The Owl House was built in 1904 for Francis Marion Platt, who helped found Indiantown and wanted a place to stay during the school year so his children wouldn't have to travel 30-plus miles every day from Indiantown to the schoolhouse, Sawicki said. The roof's distinctive peaks were designed to withstand strong winds.

The house's current owners, Keister and Camille Richardson, lived in the house from 1987 to 1995 and now lease the house and an orthodontist's office on the property. The couple are in the process of moving to South Carolina to be closer to family and find it "impractical to be long-distance landlords," Camille Richardson said.

"We'd like to see it preserved," she said. The couple decided to auction the home because "we thought this was the fairest way to give everyone an equal opportunity to have a little bit of historical Stuart."

The property's asking price was about $3.4 million in 2005, Lucido said. According to property records, the total market value of the property is $1.6 million.

Krauskopf said the pending sale was a reminder that city officials need to be vigilant for potential sales of historical houses so they're not caught off guard.

"Instead of sitting around waiting, we need to get up, go out and beat the bushes," Krauskopf said.

Hutchinson said she's confident the city can prevent the Owl House from being destroyed.

"It's worth the money to try to save the prized jewels," she said. "I'll find some way to make it work."

Developer balks at providing playground equipment


PALM COAST -- A proposed housing development planned for the city's southeast 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, or PUD, 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 only agreed to provide the space for the park, not to equip it, said Jason Gambone, SeaGate's director of planning and community relations. The extra amenities could drive up costs, Gambone said in a telephone interview Wednesday.

"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 the city to amend its future land-use map of the area from mostly green space to a residential designation and submitted a PUD for Ryan's Landing. The map change and PUD would allow SeaGate to build 69 homes on the site instead of just 22. In January, SeaGate and city staff negotiated a PUD that resulted in the builder offering to donate land -- valued between $250,000 and $500,000 -- for a park.

But the PUD 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 PUD included the builder paying for playground equipment and installing a basketball court at the park. According to the new PUD, the city would assume responsibility for any costs beyond $90,000.

At Tuesday's meeting, Gambone asked the council to uphold the previous PUD 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 -- which were required by the city -- that most didn't want a park in their neighborhood.

Councilman William Venne spoke in favor of approving the new PUD. "I personally would have no problem . . . as long as we have the land," he said.

Council members Alan Peterson and Mary DiStefano both said they could approve the PUD if the development include 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 PUD 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, new City Manager James Landon said the council is expected to vote on SeaGate's request for the city to change the future land use of the area. But if SeaGate doesn't sign the PUD, 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

Fate of Ocean Mall rests with 2 measures

Palm Beach Post Staff Writer

Thursday, March 08, 2007

RIVIERA BEACH — The clock on the city's beach is boarded up: a clear sign that time has stood still at the 33-year-old Ocean Mall.

Just north of the mall, however, cement trucks idle in single file while waiting to pour tons of concrete for builder Dan Catalfumo's 27-story, twin condo/resort towers dubbed 2700 N. Ocean.

The snapshot illustrates the dilemma residents will face Tuesday as they vote on two city charter amendments that determine the fate of the aging mall. Caught between past mistakes and present-day politics, voters will decide Riviera's future by answering two questions: whether to limit municipal beach leases to 50 years and to keep buildings on the 11-acre site to five stories.

For Catalfumo, who signed a $280 million agreement with city in December to lease the Ocean Mall site for 50 years in order to build shops, restaurants and a 28-story Marriott condo/hotel, the answer is easy: Reject the amendments.

But residents who oppose the project argue that the deal is nothing more than giving away the city's beach. The condo/hotel is too big and condos shouldn't be on the city's public beach, they contend.

Joey Eichner, vice president at Catalfumo Construction and Development, said the project isn't economically feasible under conditions proposed by those pushing the amendments. Revamping the mall, however, is ideal for Catalfumo because the company is building 2700 N. Ocean.

"The city's beach is not being taken away. Access is not being denied," Eichner said. "The issue is not save the beach. The issue is save the city."

The fight has spread throughout Riviera, from homeowner and condo associations on Singer Island to the churches and community centers on the mainland.

Typically, such issues in Riviera are often cast between racial lines: the predominately white Singer Island on one side and the mostly black mainland on the other. That's not the case this time.

Alliances stretch across the Blue Heron Boulevard Bridge. Singer Island has picked up support from some old-guard black mainland leaders such as Dan Calloway and Herman McCray.

But Catalfumo has gotten backing from four of the five council members and Mayor Michael Brown, who all are up for reelection. The Palm Beach Gardens builder also has tapped into the city's black clergy, getting support from the Rev. Tony Drayton, pastor of St. James Missionary Baptist Church, and the Rev. Griffin Davis Sr., pastor of Hill Top Missionary Baptist Church.

Retired circuit judge Edward Rodgers placed an ad in The Palm Beach Post in support of the amendments. Rodgers, who lives on Singer Island, is a former chairman of the city council.

Even if voters approve the amendments, Catalfumo isn't going away. He holds the remaining 17 years on the 50-year Ocean Mall lease the city gave to the Brock family in 1972.

Catalfumo bought the lease from Andrew Brock last summer for $9.5 million.

The city, meanwhile, is taking no chances on the election's outcome. Two weeks ago, the council voted to spend $20,000 to send a brochure to "educate" voters on the Ocean Mall and the charter amendments.

That decision prompted an outcry from groups such as the Public Beach Coalition. It's another attempt by the city to sway voters toward Catalfumo's side, said Dawn Pardo, the coalition's president.

"They're using $20,000 of taxpayers' money when they should have used that to educate the public about the Ocean Mall before they signed the agreement," Pardo said. "I guess the city council wants to educate the public when it's to their advantage."

In February, Pardo's group won a legal battle over the city to get the amendments on the ballot. The coalition collected about 3,000 signatures to bring the amendments forward, but City Clerk Carrie Ward rejected them, saying the names were collected improperly.

Both sides went to court and Circuit Judge Glenn Kelley ruled in the coalition's favor, saying the group met the standard to get the amendments on the ballot. The city has appealed Kelley's ruling to the 4th District Court of Appeal, while the election goes forward.

Attorney Bill Contole, an advocate for limiting development on Singer Island, stood at Blue Heron Boulevard and U.S. 1, waving his "Save Our Beach" sign Monday. Contole said most of the people he talks to support the amendments.

"The real leaders of this community are in our favor," said Contole, also presidents of the Citizens for Responsible Growth for Riviera Beach. "I think the overwhelming majority of the residents want to keep the beach for the people and not give it over to developers."

Beach, small-town feel at stake, two sides say

Palm Beach Post Staff Writer

Thursday, March 08, 2007

LAKE WORTH — In a city known for its theatrical politics, the supermajority ballot initiative has taken center stage. The charter amendment on Tuesday's ballot, which would require a four-commissioner approval for land-use and zoning amendments to the city's comprehensive plan, has divided candidates and pitted two political action committees against each other.

Those who support the initiative say it will help curb overdevelopment, stop the "upzoning" of single-family neighborhoods and allow Lake Worth to retain its small-town charm.

Those who oppose the initiative say the amendment will drive away new businesses and possibly derail the city's beach redevelopment project and million-dollar master plan process.

The Save Our Neighborhood political action committee initiated the amendment during the November elections and collected the 1,500 required signatures to put it on the ballot.

But another political action committee, Last Chance Lake Worth, formed last month to fight the supermajority initiative after those involved heard that residents were deceived when they were asked to sign the petition. Last Chance Lake Worth launched a weeklong campaign to find residents who wanted their signatures removed from the petition. The group collected about 150 signatures from those who wanted their signature removed and another 500 who didn't agree with the proposed measure.

But city commissioners did not listen to Last Chance Lake Worth's unusual request and placed the proposed amendment on the ballot.

Save Our Neighborhood attorney Lesley Blackner said she believes that land-use and zoning rules should not easily be changed for developers unless the project will benefit the entire community.

She doesn't agree that the supermajority amendment will hamper development, but rather will raise the bar and improve the quality of life in Lake Worth.

"The supermajority is not going to change life in Lake Worth that much," Blackner said. "It will protect Lake Worth a bit from these very controversial changes. It should be hard to get a change that is really controversial."

As founder of the Florida Hometown Democracy, Blackner also has pushed for a state constitutional amendment that would require all land-use changes to a city's comprehensive plan go to a referendum, which would allow voters to decide.

John Rinaldi, co-chair for Last Chance Lake Worth and owner of a bed and breakfast inn, said that the supermajority will create an unstable environment for new businesses wanting to come to Lake Worth. Without new business and redevelopment, the city can't increase its tax base and continue to thrive, he said.

"It's not the way government works," he said. "It definitely will not help businesses; it will hurt businesses."

Rinaldi added that the supermajority amendment could jeopardize the city's master plan and it will give power to the minority because two commissioners could stop any vote.

For years, the supermajority rule has been in place in other areas around the state, including Boca Raton, Hillsborough and Collier counties, and in October, it was passed in Hernando County.

While the supermajority amendment will affect all land-use and zoning changes that go before the commission, those who oppose it are most concerned it will derail Lake Worth's beach redevelopment project with Greater Bay Group. Final approval of the land-use change to create a beach and casino district in the city's comprehensive plan is needed before Greater Bay Group can start its final design and permitting process.

If the supermajority initiative is passed, the land-use amendment might not get approval.

Among the candidates supporting the supermajority amendment are incumbent Mayor Marc Drautz, mayoral candidates Andrew Procyk, William Coakley and John Jordan; District 1 candidate Ron Exline and District 3 candidates Jo-Ann Golden and Drew Martin. Those candidates are also opposed to the beach redevelopment plan.

Those who oppose the supermajority amendment include mayoral candidates Jeff Clemens and Mary Lindsey, District 1 incumbent Retha Lowe and District 3 candidate Wes Blackman. All four favor the beach redevelopment project.

Another less contentious ballot item will also face voters. Commissioners voted 3-2 to have voters decide if the city should hold its election in the fall. Some have suggested that a fall election, which will coincide with state and presidential elections, would rouse a higher voter turnout and allow incumbent candidates to lobby the state legislature, which coincides with the spring election season.

While most of the candidates agree that a higher voter turnout is possible, they say there are too many drawbacks. Some candidates, such as mayoral candidate Clemens, say that fall elections force new elected officials to work under someone else's budget for a year, making it difficult to deliver on campaign promises.

Mayoral candidate Lindsey has been the most outspoken on the election day ballot issue. She asked the current commission to table the item at its Feb. 7 meeting until it could receive more resident input. Lindsey has suggested changing the commission and mayoral terms to three years to avoid the same seats having an election during the state and presidential elections.

But Commissioner Lowe said it should be up to the residents to decide what works best for them.

Pace of home inspections doesn't slow ambitions

By IVAN PENN
Published March 8, 2007

A committee reviewing the state's effort to inspect and strengthen homes against hurricanes is recommending a dramatic expansion of the program despite criticism of its operations over the past 10 months.

The Windstorm Mitigation Study Committee wants the Legislature to tap tens of thousands of licensed architects, engineers and contractors to assist with home inspections.

The goal is for the state to inspect 350,000 homes statewide - about 10 percent of all homesteaded properties in Florida - and to strengthen 35,000 homes by June 30, 2009. So far in the first year of the $250-million program, about 14,000 home inspections have been completed, but not a single grant has been issued to strengthen a home.

"I know and the committee heard there is frustration about the speed," said Garrett Walton, the committee's chairman. "It's unfolding. Is it unfolding fast enough for most of us? No."

In addition, the Department of Financial Services has been criticized for its handling of a critical contract during the pilot phase of My Safe Florida Home, while Tom Gallagher was the state's chief financial officer. The contract was approved at $457,000, but improperly escalated to almost $3-million.

The state's new Chief Financial Officer Alex Sink said that despite the problems with the contract and slow pace in implementing the program, she believes it can be successful.

"I want to make it work for every homeowner," Sink said. "My goal would be to educate homeowners about the importance of hardening their homes, whether they get a grant or not."

As concerns about the operations and slow progress of My Safe Florida Home arose, the Legislature created the eight-member study committee in January to analyze and make recommendations about the future of the state's mitigation efforts.

The committee's recommendation headlines a series of proposals in a 62-page report to the Legislature released this week.

The report also recommends the state:

- Increase the pool of contractors available to perform mitigation work by allowing all licensed contractors to participate.

- Provide financial incentives and mandate insurance discounts for homeowners and business owners that participate in mitigation efforts.

- Strengthen the building code to make homes more hurricane resistant.

"Consumers have to be able to understand the benefits of mitigation," said committee member Michael Aranda, chief executive officer of EH Building Group II LLC. "Consumers who build or remodel in excess of the minimum code should receive some credit on their windstorm insurance premiums."

Results from the initial phase of the My Safe Florida Home program show homeowners already should be receiving an average premium discount of 18 percent without having to make any repairs to their dwellings, because many people are unaware of discounts they already are entitled to.

Lawmakers created the My Safe Florida Home mitigation program last spring, touting it as a way to keep homes safe during storms and to reduce homeowners' insurance costs.

My Safe Florida Home offers free home inspections and matching grants of up to $5,000 for qualified homeowners.

With hurricane season less than three months away, the process of hardening homes is just now under way, and no one has received a grant. The committee attributed part of the slow progress to the difficulty in creating the My Safe Florida Home program.

"It was created from scratch," Walton said. "But a lot of that nitty-gritty is behind us."

Although 14,000 home inspections were completed during the program's pilot phase, which ended in February, more than 50,000 homeowners remain on a waiting list for the inspections.

That process is not expected to begin again until mid April.

Committee members hope that by adding skilled professionals such as engineers and architects, the state could move more quickly to inspect more homes.

With the larger army of inspectors, homeowners would be able to request the free home inspections directly from a contractor rather than go through My Safe Florida Home. The state would reimburse the contractor when the inspection was completed.

Funding would come from an existing allocation of $250-million for the state's My Safe Florida Home program.

The report now goes to the Legislature for consideration about possible action.

"It is doable," Walton said. "It is very doable. We've made recommendations to help get us there."

Ivan Penn covers consumer affairs issues and can be reached at ipenn@sptimes.com or 727 892-2332.

Fast Facts:

On the Web

For information about My Safe Florida Home, go to www.mysafefloridahome. com or call toll-free 1-800-342-2762.

Polk drives panel away

A state senator says the transportation authority wouldn't benefit the county.

By REBECCA CATALANELLO and MIVHAEL VAN SICKLER
Published March 8, 2007

TALLAHASSEE - Is Polk County part of Tampa Bay?

Not according to state Sen. J.D. Alexander, who helped withdraw Polk from a proposed regional transportation authority that would finance major projects, including a possible rail system, for seven counties: Citrus, Hernando, Hillsborough, Pasco, Pinellas, Manatee, and Sarasota.

A Senate transportation committee on Wednesday gave the unanimous nod to the proposed authority, which is sponsored by Sen. Mike Fasano, R-New Port Richey.

Missing from the list of counties is the one east of Hillsborough with two vital Tampa Bay-area roads: Interstate 4 and State Road 60.

Despite these ties, Polk doesn't belong, Alexander said.

"The interests of Tampa Bay are different . . . than the interests of Polk County," he said. "We're not Tampa Bay, we're not Orlando. We're in the middle. ... I think we should develop on our own."

Alexander said last week that Polk should develop ties to inland counties south of it that aren't included in the proposed authority. Those rural counties are where Alexander wants the state to build a $7-billion toll road. He controls companies that own land along the proposed 152-mile route.

His lobbying for that road had nothing to do with his effort to remove Polk, he said.

Alexander has played a prominent role in Polk's withdrawal. Fasano and the sponsor of a similar bill in the House, Bill Galvano, said the request to omit Polk came from Alexander.

Transportation Committee member Sen. Paula Dockery, R-Lakeland, said she was surprised to learn Wednesday that her home county wasn't a part of the bill.

"If I were to find out that Polk County wanted to be there ...," she started to ask Fasano.

"We would welcome them with open arms," he answered before she could finish.

Fasano said when Alexander approached him, he assumed he was speaking for the county leadership.

But on Feb. 26, Polk County's Transportation Planning Organization sent a letter to its local delegation recommending Polk be included in the authority.

"Polk County is part of Tampa Bay," said Michael Skipper, a senior transportation planner for the group. "The DOT's own analysis shows much of the ridership of a commuter rail system would come from Polk."

On Wednesday, Alexander said he didn't believe the Polk delegation had taken a position on the issue. He said the TPO endorsed the Tampa Bay authority only after it listened to a presentation from a Tampa representative.

Freshman Rep. Seth McKeel, R-Lakeland, said he would at least like the legislation to allow Polk County to opt into the plan. He said he wasn't aware of Alexander's concerns, but feels lawmakers should be attentive to the recommendation of the county's transportation experts.

Study: Toll Road Not Needed

By GARY PINNELL
gpinnell@highlandstoday.com


SEBRING — There’s not enough traffic to support an east-west toll road through Highlands and Hardee counties, the Bradenton Herald is reporting.

Less than 20,000 vehicles a day would use the Heartland Coast-To-Coast highway in 2035, when it is built, the newspaper quoted Florida’s Turnpike Enterprise as saying.

The newspaper excerpted a two-page brochure dated Feb. 20, which was submitted by Florida’s Turnpike Enterprise to the Sarasota/Manatee Metropolitan Planning Organization: “The results indicate that revenues generated from tolls would not cover the project costs of a corridor with an eastern terminus at the Turnpike and would cover less than 6 percent of the costs for a corridor extending (from Interstate 75) to Interstate 95.”

But economic developers in Highlands and Hardee counties are disagreeing.

The Other Side

Mike Willingham, executive director of the Sebring Airport Authority, was sitting in James Ely’s office on Friday when the executive director of Florida’s Turnpike Enterprise released the Future Corridors study.

“It was not a surprise,” said Willingham. “And I don’t think anybody is disappointed. We’ve done a lot of work, and this is a long-term project.”

The road must be built, not just with toll revenues, but with private sector donations from landowners in exchange for development rights, Willingham said.

But the time to begin is today, not in five or 10 years when the need is critical, said Willingham. Future Corridors seeks to remake rural parts of the state with new toll roads that would accommodate future growth.

Willingham disagreed with a statement by Crist on Monday.

Crist said the state needs to “prioritize and have roads where the people are and where we need them. Right now, that’s South Florida, southeast Florida... I want us to expand I-75 south, I-95 south down to Miami and then I-4.”

That sort of reactive planning doesn’t work, Willingham said. State leaders must learn to be proactive, and build roads before they’re needed, before the needed rights of way disappear.

“We have to protect the ribbon of real estate to lay this asphalt on,” Willingham said. “I don’t want what’s happening on the coasts to happen in Highlands and Hardee.”

Marcus Shackelford, who attends transportation corridor meetings and reports the results to the Hardee County economic development commission, doesn’t believe the turnpike authority’s estimate that only 19,500 vehicles a day will use the Heartland Coast-to-Coast Turnpike in 2035.

“But when you get to talking about what’s going to happen in 2035, who’s going to prove either of us wrong?” he asked.

The tollroad, he said, would open up the Heartland to future residential and commercial settlement, and it would become an important hurricane evacuation route.

“There are no good east-west highways through the Heartland,” he said. “I think there was plenty of justification for the road.” But politicians aren’t likely to act until it becomes an emergency.

“Somewhere down the line, we’ve got to address this thing,” Shackelford said.

Agency looking for ways to clear crowded roads

Palm Beach Post Staff Writer

Thursday, March 08, 2007

FORT PIERCE — Local governments will never be able to get billions of dollars worth of roads needed to carry thousands of cars around and through the Treasure Coast.

But maybe they can reduce the number of vehicles and the need for more and wider roads.

That's the object of a "transportation demand management study" now under way for the Metropolitan Planning Organization, the transportation planning agency for Port St. Lucie, Fort Pierce and St. Lucie County.

They hope to find ways to encourage people to carpool, use public transit or ride bicycles to reduce the number of vehicles on the road.

"All these recommendations deal with other forms of transportation," County Commissioner Joe Smith said Wednesday during a meeting of the group. "How about things like telecommuting work centers?

Such a building would have computers, wireless connections, fax machines and other equipment needed for people to communicate without driving to the same building.

Port St. Lucie Councilwoman Michelle Berger suggested new businesses could get extra job growth incentives for allowing employees to work at their homes instead of driving to work.

Fort Pierce Commissioner Christine Coke said officials should start working toward commuter train service linking St. Lucie, Martin and Palm Beach counties.

The 2000 Census found that several thousand people commute from the Treasure Coast to Palm Beach County each day for work.

Larry Heimowitz of the state Department of Transportation said a commuter service linking the counties will have to start slowly because of the high cost of railway equipment.

"You would have to start with buses, then express buses and larger buses," he said.

County Commissioner Chris Craft said businesses could encourage employees to ride bikes by providing showers and bicycle racks.

"We could put that in an ordinance," he said.

Consultants will report on ways to implement some of the suggestions in a few months.

Port tunnel underwhelms panel

Palm Beach Post Staff Writer

Thursday, March 08, 2007

WEST PALM BEACH — Instead of going over a busy railroad corridor to create a new south entrance to the Port of Palm Beach, a plan is being considered to build a road under the train tracks.

But at its first public airing Wednesday, the idea of an open tunnel - technically known as a "depressed roadway" - proved just as contentious as a 30-foot-tall overpass that both West Palm Beach and Riviera Beach vehemently opposed.

The main objection to an underground roadway is cost.

Running below the Florida East Coast Railway near 59th Street to connect Old Dixie Highway and a new port entryway, the road would cost between $119 million and $155 million, more than double the $51 million to $66 million to put up an overpass.

Before recommending whether the Palm Beach County Metropolitan Planning Organization should direct the state to proceed with a two-year, $2 million study of the project, members of a county advisory committee said they first wanted to know where the money would come from and whether other road and transit improvements would be delayed.

"Why should we study something we know is not going to happen?" Riviera Beach City Engineer John Samadi asked. "It's not a good use of public money, as far as I'm concerned."

This would be the state Department of Transportation's first depressed roadway in the county. A similar project is under way in Hialeah, where a six-lane roadway is being built under an expressway bridge, the FEC tracks and a Metrorail overpass.

The reason for the steep cost is that the four-lane road would extend under the water table, DOT project manager Richard Young said. Even with sealed retaining walls, a waterproof membrane and an anchored concrete slab deck, a pumping system that would cost $40,000 to $50,000 a year to operate would be required to remove water that might seep onto the road.

Several other factors add to the cost, consultant engineer Robert Carballo said. Construction would have to be done in sections, which is more expensive than doing it in one piece. Also, Old Dixie would be shut down for an extended period, and additional tracks would be needed.

Both Riviera Beach and West Palm Beach do not want a flyover because city officials say it would destroy surrounding neighborhoods. Just like the bridge project, the depressed roadway would require the state to buy homes and businesses along Old Dixie Highway.

Some committee members said they can't understand why the state refuses to join the county and fight the FEC for an at-grade crossing at 59th Street, a considerably less-expensive option, at $12 million to $15 million. The FEC won't allow the crossing because of safety concerns.

The port also is against the street-level crossing because it would interfere with plans to create a 10,000-foot-long, double-tracked corridor where trains would drop off and pick up railcars. Now, the switching operations are done on a 3,000-foot-long side track north of the port that causes long delays at Blue Heron Boulevard.

A second entryway would benefit the two cities as well as the port, Operations Director Michael Davis said. Big trucks now use city streets and U.S. 1 to get to the port. Rail and truck traffic is expected to increase 50 percent to 60 percent in the next decade.

If the state decides to go with the open tunnel, it would take six years after the study is completed in 2010 to design and build the roadway.

"I'm sure the port would benefit from an additional access," county Traffic Engineer Dan Weisberg said. "I'm not sure an additional access is worth the cost."

Crain-Brady, Flynt vow to tackle growth issues


BUNNELL -- An incumbent commissioner who thinks Bunnell is far behind the times as far as growth is concerned and a political newcomer who's ready to help guide that growth were elected to the City Commission on Tuesday.

City Commissioner Jim Flynt was elected to his third two-year term Tuesday, and political newcomer W. Jenny Crain-Brady won her first election attempt, easily garnering the most votes.

Commissioner Daisy Henry, a former commissioner who lost her last re-election bid in 2006 but was appointed to serve after Commissioner Paul Fell died, got four votes less than Flynt, losing her seat on the commission.

Although elections officials said there were some provisional votes that had to be reviewed, they didn't think there were enough to affect the outcome.

Crain-Brady received 122 votes, or 40 percent, while Flynt got 95, or 31 percent. Henry received 91 votes, or 29 percent.

Flynt, who owns Saxon Wrecker & Auto in Bunnell, said he thinks his victory is a sign that residents appreciate his service.

"I just think the voters have given me a third chance to do what I do and I'm going to continue to do what's best for the citizens of Bunnell," he said.

Flynt said it's time for Bunnell to begin growing, but in a "slow and careful" manner. The city has annexed more than 47,000 acres in the last two years and is working on a land-use plan for the property.

Crain-Brady a dental hygienist and partner in JSB Engineering of Palm Coast, said she's in favor of proposed property tax relief that state lawmakers are considering, and she doesn't think Bunnell will take too hard a financial hit from lower property taxes.

"What's there should be spent wisely," she said.

After her victory Tuesday, she said growth is the priority.

"We need to get our comp plan and land development code set in order to prepare for the future growth," Crain-Brady said.

Henry served four terms before losing re-election to Pete Young last year. But commissioners appointed her to the commission when Fell died in June.

derek.kinner@news-jrnl.com

Trust Entrusted to Solve Sewer Error

The ball is now in the Florida Communities Trust's court to resolve a mistake in which part of the slab for a 6,110-square-foot home was placed over a Lakeland sewer line.

Polk County commissioners voted Wednesday to send the issue to the trust, along with a memorandum of agreement with the city of Lakeland that would describe circumstances and locations under which the city could use a fire lane in the Lakeland Highlands Scrub Preserve to reach the sewer line - which will be moved elsewhere on the homeowner's property - for maintenance.

At Wednesday's meeting, Marian Ryan, conservation chair for the Sierra Club's Polk County Group, suggested the memorandum of agreement.

Florida Communities Trust is an arm of the Florida Department of Community Affairs, which contributed half of the $3.2 million to purchase the 551-acre preserve in 2001. The house in question is being built in the Vista Hills subdivision of Eaglebrooke, south of Lakeland.

AGRICULTURE

Smaller Florida orange crop predicted

Five of seven analysts surveyed by Bloomberg said the U.S. Department of Agriculture will lower last month's forecast of 140 million boxes.

Bloomberg News

Florida's orange crop, the world's biggest after Brazil, may be smaller than the U.S. government estimated last month because groves have not recovered from the hurricanes of 2004 and 2005, a survey showed.

Five of seven analysts surveyed by Bloomberg said the U.S. Department of Agriculture later this week will lower last month's forecast of 140 million boxes.

The average prediction was for just under 136 million boxes, down from 147.9 million boxes last season. Most cited a smaller-than-expected crop of early- and mid-season oranges.

''There's not that much fruit to be picked,'' said Tom Spreen, chairman of the Food and Resource Economics Department of the University of Florida in Gainesville. He said he expects the USDA to reduce its estimate by 5 million boxes.

Orange juice futures are up 54 percent in the past year on expectations for a smaller crop in Florida.

Prospects for a smaller crop prompted Tropicana and Minute Maid to increase retail orange juice prices in 2006.

Production in Florida hasn't fully recovered from hurricanes in 2004 and 2005 that damaged groves and spread disease, said Rohit Savant, an analyst with CPM Group in New York, who expects a 3 million-box cut. In the season ending June 2004, Florida produced 242 million boxes of oranges.

The ''shortness'' of the mid- and early-season fruit left in the groves is a sign the forecast may be lowered, said Jerry G. Neff, a branch manager for Allendale in Bradenton.

''Growers would be very surprised if the estimate went up, and it wouldn't shock anyone if it went down a bit,'' said Ray Royce, executive director of the Sebring, Florida-based Highlands County Citrus Growers Association, which represents producers with 70,000 acres of citrus groves.

Royce said in his area, many growers ``are resigned to the fact they are not going to have a real good Valencia harvest.''

The harvesting and processing of Valencia oranges, which usually runs from March to July, may wrap up by May this season, Royce said.

''We hope there is more fruit out there than we think there is,'' he said.

However, other growers expect no change in the USDA estimate.

''Everything is shipshape,'' said Doug Bournique, executive vice president and general manager of the Indian River Citrus League in Vero Beach.

They've Been Berry, Berry Good To Us

Tampa tribune Editorial Published: Mar 6, 2007

The farms of Hillsborough County produce a remarkable bounty - from the tomatoes from Ruskin to the juicy citrus from local groves - but at the top of the crop is undoubtedly the strawberry. The Florida Strawberry Festival is still going strong after seven decades and is a timely reminder of how sweet our connection to the land remains.

What's not to like about strawberries? They're the closest thing to candy that Mother Nature produces and are chock-full of vitamin C, fiber and folic acid. Well-ripened strawberries need nothing other than a good washing to be sublime.

Researchers in Great Britain are exploring whether there are compounds in strawberries that inhibit or kill cancer cells. Unlike another so-called super food, garlic - which recently has been exposed for not being the folksy remedy for high cholesterol and cancer that some believed - strawberries don't make your breath stink.

Hillsborough County produces about 15 percent of the nation's strawberries and virtually all the berries grown during the winter, says the Florida Strawberry Association. The 16 million flats produced each year, if placed end to end, would extend from Plant City to Seattle and back again.

Plant City has good reason to be proud of its title as winter strawberry capital, providing consumers a fruit whose sinfully good taste and heavenly benefits make it seem too good to be true.

Forum shines spotlight on ecotourism

Experts warn against 'instant mass tourism'

BY JIM WAYMER
FLORIDA TODAY

Runoff blankets reefs with sediment. Cruise ships dump sewage in prime fish spawning sites. And the general public, ignorant about natural resources, loses as a result.

Those are among the threats that put Florida's burgeoning ecotourism industry at risk, biologists and advocates said Tuesday at a forum about "sustainability" this week at Florida Tech.

"The shallow water inshore (sportfishing) market is the fastest growing market," Terry Gibson, managing editor of Florida Sportsman Magazine, told the audience of about 50. "Unfortunately, all the damage is occurring where there's the most potential for growth."

Saltwater fishing generates$6 billion annually in Florida, Gibson said. Reef tourism in Southwest Florida alone accounts for $700 million, he added.

Economists at the forum championed a new business ethic that considers social and ecological impacts as well as profits.

Ken Lindeman, a senior scientist with Environmental Defense, a nonprofit group based in New York, warned about new cruise ships and other traditional tourism businesses flocking to newly-created marine sanctuaries in remote parts of the Caribbean.

"I call this instant mass tourism," Lindeman said.

Mark Bush, a biologist at Florida Tech, said global warming further threatens coastal areas with rising sea level and stronger tropical storms.

"As we get a warmer climate, we'll get more intense hurricanes," Bush said. "There's going to be an economic decision about whether we want to keep living on the coastline or not."

About 100 scientists, government and tourism officials registered for Florida Tech's two-day forum, which continues today. The international forum, called Sustainable Pathways: New Research & Practices, was spawned from a partnership between Florida Tech and Budapest University of Technology and Economics.

Today's research discussions will focus on wave energy, hydrogen generation and biofuels.

Former Brevard County Commissioner Sue Carlson also will lead a discussion about regional growth planning. Speakers include Steven Seibert, director of Century Commission for a Sustainable Florida; Randy Lyon, chairman of the board for MyRegion.org; Tim Center, director of Council for Sustainable Florida; and Tom Saunders, community development director for the city of Gainesville.

Sponsors of Florida Techs forum include Florida Power and Light Company, Environmental Defense Fund and Waste Management.

Contact Waymer at 242-3663 or jwaymer@floridatoday.com.

More women farmers sprout up

Female farmers are growing in numbers -- and growing everything from beans to sapodilla. They also have their own social networks and websites.

By KATHLEEN McGRORY

kmcgrory@MiamiHerald.com

Six years ago, Gabrielle Berryer left her job as a psychologist in North Miami to start a fruit grove in the Redland.

''I'm a city girl,'' said Berryer, who earned her Ph.D. at New York City's Yeshiva University. ``But when I came down to the Redland, I was enchanted. It was intuitive; I knew I had to be here.''

Berryer, who specializes in exotic fruits and fresh ice cream, is one of a growing number of women running farms -- a business once dominated by men.

These women are forming nonprofits and educating customers about nutrition. And they're reaching out to fellow women farmers through social events, ag conferences and online networking sites.

''Women are changing agriculture as we know it,'' said Dr. Carolyn Sachs, professor of rural sociology at Penn State. ``It's a tough row to hoe, but the women in this industry are really shaking things up.''

Despite a decline in the number of farms nationwide, the number of women involved in running those farms is on the rise. Based on current trends, the Department of Agriculture predicts that as many as 75 percent of U.S. farmland will be owned or co-owned by women by 2014.

Janice Brooks was one of the pioneers. When Brooks moved to South Florida in 1972, she and husband Roger invested in a two-acre plot of land overrun with Brazilian pepper. Roger worked for a nursery to pay the bills.

''We cleared the land, rented the machines, trenched the ditches,'' recalled Brooks. ``When my husband was at work, I put the irrigation system together. And I did it with a 2-year-old son running circles around me.''

Thirty-five years later, Brooks is a partner with Roger in Four B's Nursery, an operation with eight acres in Parkland and 10 acres in Delray Beach. Although she no longer ''does the physical stuff,'' she keeps the books and manages the business.

Like Berryer and Brooks, most women farmers own small plots of land, and likely farm vegetables or grow ornamental plants, experts say. Their male counterparts are more often involved in larger operations with commodity crops like wheat and cotton.

Still, about 240,000 women operate farms nationwide -- a 64 percent surge from 1992, according to the 2002 U.S. Agricultural Census, the most comprehensive study available. In Florida, women farmers run more than 8,000 farms and horticulture operations on their own or as partners. About 300 are in Miami-Dade, and 100 are in Broward, the 2002 census found.

It's a far cry from the days when nearly all U.S. farms were operated by men. Although women often farmed alongside their husbands, few were recognized as partners. Now, many are farming on their own, including Berryer, who is divorced and the mother of four grown children.

She grows everything from black sapote, a fruit that tastes like chocolate pudding, to sapodilla, a sweet fruit that resembles a pear. The tropical treats are the main flavoring ingredients in Berryer's ice creams.

INNOVATIVE

While the exact cause of the trend is unknown, some experts believe it's related to the overall rise of women entrepreneurs. And as fewer sons become interested in taking over the family farm, more daughters are stepping in. They've already garnered a reputation for being innovative.

''Women farmers don't have to live up to the same expectations as their fathers and brothers,'' says Sachs, the Penn State professor. ``That's a good thing. Most don't want a typical farm.''

Susan Hurley certainly didn't.

During her two-decade stint at the helm of the Bar-B Ranch in Davie, Hurley transformed the horse boarding facility into a full-fledged ranch offering trail rides, pony parties, and a day camp for kids.

And in the Redland, Denisse Schnebly turned her fruit packing business into the region's first -- and only -- tropical fruit winery. She and her husband recently launched tours and educational programming of the business, named Schnebly Redland's Winery.

Reaching that point is hard work.

''It's a huge challenge,'' said Brooks, recalling when a cold snap destroyed her nursery in 1989. ``You answer to Mother Nature. Even when things get tough, you still have kids to feed and employees to pay. You do what you have to.''

Brooks paid the bills that year by reselling plants grown at other nurseries.

`MOMMY DUTIES'

There's also balancing family life.

''In this line of work, it's hard to fulfill your mommy duties,'' said Angela DelliVeneri, who used to shuttle her daughter to dance class and her son to soccer practice while keeping an eye on her Homestead farm. ``It gets overwhelming sometimes.''

To cope, DelliVeneri never started work before 7:30 a.m. She devoted the early morning hours to eating breakfast with her kids.

But the women say they can rely on each other for support.

ONLINE HELP

In cyberspace, they can click on sites like womeninagriculture.org to participate in live chats and receive e-newsletters. They can also exchange recipes, give relationship advice and talk about their farms on message boards.

And there are plenty of social events and conventions. Late last month, women farmers from across the state converged on Tampa for the state Farm Bureau's annual women's leadership conference.

For Berryer, it's the perfect life.

''At first, my family thought I was absolutely crazy. I kind of did, too,'' said Berryer.

``But this is where I'm meant to be. I know it.''

Crist emphasizes climate, energy

By STEPHEN MAJORS Associated Press
Tuesday, March 6, 2007 11:25 PM EST

TALLAHASSEE - Issuing a serious warning where his predecessor failed to take action, Gov. Charlie Crist said Tuesday that Florida needs to become a leader in addressing global climate change because its geography makes it the nation's most vulnerable state if ocean levels rise and weather becomes more violent.

Crist said he would form a special summit of experts after the legislative session to study how Florida can respond to “this monumental challenge,” earning a standing ovation from many lawmakers. He also greatly expanded the call to make climate change and alternative energy a priority, asking the Legislature for $68 million in funding incentives for ethanol and biodiesel projects.

With 1,200 miles of coastline and a majority of citizens living near that coastline, Florida is particularly

vulnerable to extreme weather patterns, Crist said.

“Yet, we have done little to understand and address the root causes of this problem, or frankly, even acknowledge that the problem exists,” he said. “No longer.”

Former-Gov. Jeb Bush last year spoke of the need to develop alternative sources of energy, but did not speak about climate change.

But a recent global scientific report saying humans were “very likely” causing global warming, recent fluctuations in gasoline and natural gas prices, and national security concerns have come together to create momentum for energy and climate measures that had failed to gain traction in Florida.

Sen. Carey Baker, R-Eustis, isn't convinced that humans are causing global warming. But he still supports alternative fuels to help wean the country off its dependence on foreign oil, much of which comes from countries that are unstable or are hostile to the United States.

“I don't hate oil, but I don't like the idea that we have to get our oil from countries that hate us,” Baker said. “I just personally wouldn't project it under the global warming banner.”

Experts, along with state Agriculture Commissioner Charles Bronson, have said Florida has the potential to lead the nation in the production of alternative fuels such as ethanol by using citrus and yard waste, for example.

However, energy and climate concerns will have to compete with other budget priorities in a year where revenue from taxation has decreased faster than lawmakers expected, giving them less money to spend in the upcoming budget.

“There's some budget impact anytime you switch gears, and right now our budget is coming in real lean and real mean,” said Rep. Bob Allen, R-Merritt Island, chairman of the House Committee on Energy. 

Former commissioner plans to plead guilty in development scheme

By ASSOCIATED PRESS
Published March 7, 2007

WEST PALM BEACH

A former city commissioner was charged Tuesday with filing a false tax return in an alleged scheme to help a developer push through a project, according to authorities. James Exline, 42, is accused of failing to report to the Internal Revenue Service $50,000 he received from a real estate developer in 2004 in exchange for pushing the city staff to approve a development, according to the U.S. Attorney's Office. In a deal with prosecutors, Exline planned to plead guilty today, his attorney, Robert Gershman said Tuesday. He faces up to three years in prison and a $250,000 fine. Gershman said his client was cooperating with authorities, who continue to look into other potential crimes.

Exline case detailed on eve of plea

By Tony Doris And Tom Dubocq

Palm Beach Post Staff Writers

Wednesday, March 07, 2007

WEST PALM BEACH- — An obscure office condominium under construction along Okeechobee Road stands front and center in the latest scandal to stain city hall.

Before City Commissioner Jim Exline resigned in shame, he helped push zoning for the development through West Palm Beach's planning and zoning department, federal prosecutors alleged Tuesday.

Exline, 42, is to surrender today at the federal courthouse on Clematis Street, where he is expected to plead guilty to filing a false tax return. He faces up to three years in prison and a $250,000 fine.

If imprisoned, he will follow two other once-prominent Palm Beach County politicians federal corruption hunters have snared during the past 10 months: former West Palm Beach City Commissioner Ray Liberti, now serving an 18-month sentence, and former County Commission Chairman Tony Masilotti, scheduled for sentencing in June.

The three-story office condominium and an adjoining parcel are tucked in a cul-de-sac recently named Wekiva Way. The property sits behind a Land Rover dealership and an exterminating company known for its TV commercials featuring Greg Rice, Palm Beach County's celebrity dwarf.

Federal prosecutors said Exline, a professional land-use planner, was paid $50,000 to get the property subdivided for development. His crime: failing to report the income to the IRS. Further, prosecutors said, Exline misled the city's planning and zoning staff by failing to disclose that he was being paid to advance the project.

"County and city commissioners are not above the law," U.S. Attorney R. Alexander Acosta said at a news conference Tuesday about the Exline case. "Commissioner Exline had an obligation to report all his income and to pay his fair share of taxes, just like those individuals he represented. We cannot tolerate misconduct or corruption from our public officials."

Exline's client was John Sansbury, a land investor and lobbyist so admired as a county administrator that the county commission named a street after him. Sansbury has not been charged.

To hide the income, Exline allegedly directed Sansbury to funnel the payment through a downtown jewelry shop. Exline's explanation: At the time, he was getting divorced and trying to hide the money from his wife.

While Exline faces the one tax charge, he has been cooperating with prosecutors.

"I don't think the government's investigations are over," his defense attorney Robert Gershman said.

Exline's tax-fraud admission came a week before Tuesday's city election. Incumbents still are fending off allegations by a state grand jury in January that "pay-to-play" politics rule city hall.

"It's disappointing and sad for the city," Mayor Lois Frankel said Tuesday of Exline's fall. "The more disclosure and transparency we have in government, the better."

The criminal information prosecutors filed against Exline identifies the developer only as a real estate broker with whom he was affiliated. State records show that, in 2004, Exline worked as a real estate sales associate at Sansbury's brokerage, Sansbury Realty. Sansbury did not return calls requesting comment.

Once an urban planner for the city, Exline was appointed to a vacant commission post in 1999, then was elected three times.

The federal information filed by assistant U.S. attorneys Bruce Reinhart and John Kastrenakes said Exline was paid $50,000 for "past and future real estate commissions and land planning services" from October 2004 through May 2005.

City records show that Sansbury during that period sought approval of a subdivision that included the office condominium site. Though Exline was paid to work on the project, his name doesn't appear in city files and city staffers said they didn't remember his involvement.

Exline, prosecutors said, "directed that the $50,000 check be made payable to a West Palm Beach retail jewelry store instead of being paid directly to Exline." The check was written Oct. 7, 2004, and deposited by the store owner. The proceeds were given to Exline.

Exline, in his 2004 tax filing on April 9, 2005, falsely listed his adjusted gross income as $39,671, when in fact it was $94,984, prosecutors say.

Exline paid the approximately $15,500 he owed in back taxes and penalties before going with his attorney to prosecutors last June, Gershman said.

Business ties between Exline and Sansbury were detailed in a story published in August by The Palm Beach Post. The story said that, in October 2004, Exline and Sansbury brokered the sale of a building on Evernia Street to the owners of a jewelry business. The price was $1.82 million. Sansbury let Exline keep 100 percent of the commission: $36,400.

Months before the sale, Exline voted with the city commission to annex some of Sansbury's property on Okeechobee Boulevard, including the land involved in Exline's criminal case. Annexation made it easier to subdivide and develop.

Exline said he voted for the annexation because he had no idea he would be involved in the deal that brought him the $36,400.

The $50,000 the developer paid was in addition to that commission, Gershman said.

Although prosecutors criticized Exline for not revealing his financial interest to city staffers, he wasn't charged with failing to make the disclosure.

"The government's concern is, when you go in and speak with whomever in the building, you should tell them you're not doing this in your capacity as a city official, but in your private capacity," Gershman said. "He actually did work. ... There was good work done for the money."

FORT MYERS

Today's Letters: Let's hold golf courses to task

St. Petersburd Times LETTERS TO THE EDITOR
Published March 7, 2007

Re: A drop in drips, March 5 picture story:

The article suggests how we can all reduce our water usage and maybe save 30 gallons a day. A few weeks ago the Southwest Florida Water Management District acknowledged that many golf courses exceeded their water allotments. This was explained that since golf courses were a business and needed the water to stay in business, officials would look the other way.

I enjoy both golf and living in Hernando County, where we have a lot of very nice courses. But if we need to plan for restricted water usage, isn't it time to include businesses, too? Recent advancements have developed computerized irrigation systems that can control each individual head in a golf course watering system. Of course, these would be costly to install and all of us playing golf would feel some impact, but I don't think the authorities should be looking the other way when there alternatives.

The current restrictions are only the beginning of a long-term serious problem for Hernando County. I encourage our elected officials to plan for the future by mandating a phased approach in the installation of these more efficient systems.

Why should house and apartment dwellers be the only ones encouraged to save water?

Ralph Bauer, Spring Hill

Dunnellon tree-cutting feud could be nearing end

DUNNELLON - A yearlong feud between the Dunnellon City Council and an out-of-state developer could come to an end soon.

Dunnellon City Attorney Ted Schatt said he hopes to have a settlement agreement for the city council to consider during its workshop Wednesday that could stop a legal fight between Rainbow River Ranch LLC and the city over a tree-cutting permit and a 250-acre proposed development near County Road 484.

Schatt said he has been negotiating with Rainbow River Ranch lawyer Clark Stillwell during the past week, but warned those talks were continuing and that no deal has yet been finalized.

At the heart of the issue is Rainbow River Ranch's plans to build as many as 450 homes, many along the banks of the environmentally sensitive Rainbow River.

Last fall, the developer obtained from the city a tree-cutting permit and started removing vegetation and trees up to the river's bank. But soon after the cutting began, many area residents and environmentalists complained to the city council the developer was cutting too many trees, in violation of the permit.

In response, a newly elected council voted to suspend the permit. That prompted the developer, Gerald Dodd, to sue the city, claiming he did not get due process.

Meanwhile, the city's former mayor resigned over the issue last November. The city's code enforcement officer also resigned because of the feud, saying one of the council members was trying to pressure him over the issue and report developer violations where there were none.

The council also last month fired its city manager, citing his handling of the Rainbow River Ranch as one of the reasons.

Council member Jim Patterson also recently resigned, saying the job was too much work.

Schatt would not discuss specifics of the deal he was trying to strike with Rainbow River Ranch, saying only "the public interest and welfare in tree preservation is protected" and central to the discussions.

Meanwhile, to address the developer's complaints that he did not get due process when his permit was suspended, in January the council voted to hand the issue of the permit over to its code enforcement board - where Rainbow River Ranch could present its side of the issue and environmentalists could present their arguments.

The code enforcement board is scheduled to meet on the issue March 19. The city's codes are unclear on the penalty Rainbow River Ranch would face if it is found guilty of violating its tree-cutting permit, but the penalty could be as little as $50.

On the other hand, if no deal is struck to end the feud, City Council runs the risk of its code enforcement board ruling that Rainbow River Ranch did not violate its permit.

The city's former code enforcement officer, its former city manager and current development director have told the council they saw no violations other than the developer destroying some limited vegetation by using heavy equipment to haul trees out of the area. The developer stopped using the equipment.

In an unrelated issue, the Dunnellon Council during its workshop will also review its lawyer's first draft of a moratorium on new large-scale development. The moratorium would be for nine months.

"It is limited in scope to resolve issues the city is encountering," Schatt said.

The moratorium would not affect single-family residence proposals in existing residentially zoned property.

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

Tavares to consider restoring old house
Joshua Davidovich
Staff Writer

TAVARES - The future of a 136-year-old house - thought to be the oldest in Lake County - will be at stake today when the City Council decides whether or not to refurbish the dilapidated abode.

Local historian Bob Grenier has been pushing the city to fix up the Woodlea House, which sits boarded up and abandoned on a piece of city property near the Woodlea Sports Complex.

"It is now deteriorating rapidly," said Grenier, president of the Tavares Historical Society. "If these walls could talk, they would say, 'Oh, God, how many more hurricanes can I take? How many more termites?' "

However, the city has raised concerns over spending hundreds of thousands of dollars on a project without a plan. In 2005, the city paid $50,515 to move the house, saving it from bulldozers clearing the way for a development. After the move, though, the house has been left to sit, open to the elements.

"Why would we spend another $150,000 without a plan?" City Council member Lori Pfister asked at a Jan. 3 meeting. "I would like to see the house restored, but we need to have a plan."

City Administrator John Drury is hoping the city will sign on to his idea to hire an architectural firm to come up with a plan, for about $12,500.

Such a plan will not only tell the city how to restore the house and whether it has to be moved again, but also will allow it to apply for state grants to cover half the cost of restoring the house, which could cost more than $300,000.

"They need a plan before that can invest tax dollars in rehabbing that building," Drury said. "So when a contractor comes on board, they'll know what they are building to."

The house's historical value lies not just in its age, but in its original tenants, one of whom was Capt. Melton Haynes, a Civil War hero who is credited with introducing the sweet orange to the area. Grenier said saving the house, which the city is trying to put on the National Register of Historic Places, is not only historically important but also could provide an economic boost to the city.

"More is coming out about how important this man was around the state. People want to come here and see the home," he said.

Grenier said he's confident the city will commit to saving the house, but if they don't, he will start shopping the idea around to other governments.

"It would be sinful if it wasn't preserved or restored," he said. "It's morally the right thing to do."

Company withdraws request to widen canals along groves

Palm Beach Post Staff Writer

Wednesday, March 07, 2007

STUART — One of Martin County's largest private landowners withdrew a proposal Tuesday to widen miles of canals on its 3,300 acres of orange groves after running into environmental hurdles.

But frustrated county commissioners said those environmental rules could cause the Caulkins Citrus Co. to replace its rows of orange trees with rows of something else: subdivisions of homes.

"I'm concerned about agriculture," said Commissioner Susan Valliere. "If our extreme rules are forcing them to plant that last crop, which is houses, we don't want that."

The Colorado-based Caulkins Oil Co., which owns the Caulkins Citrus and its Martin County groves, wants to widen 111/2 miles of canals. Tom Kenny, a developer representing Caulkins Citrus, said the canal widening is needed to hold more water on the site for irrigation and that the company would sell about 4 million cubic yards of fill dirt from the widening to recoup recent farming losses.

"We're struggling desperately," Kenny said. "So far we haven't gotten much support from our county to stay in the ag business."

County planner Harry King said the county could not approve the canal widening because Caulkins did not include any planting along the banks of the canals to improve water quality and provide habitat for fish. Such plants are required in the county's comprehensive plan, its blueprint for growth.

Kenny said the Caulkins property is used for farming, and planting of banks should not be required for agriculture. Having to plant about 10 feet worth of vegetation on either side of the canals would make the project unprofitable, he said.

"We can't afford to do all this planting for a littoral zone you created for subdivisions. We're not a subdivision," Kenny said.

But Commissioner Sarah Heard, who opposed the proposal before Kenny withdrew it Tuesday, said the fact that the company would be selling fill dirt shows it is not a farming operation. Without plants to absorb nutrients, dirty water would flow from the canal into the St. Lucie River, which already has pollution problems, she said.

"This is a mining operation, not a farming operation," Heard said. "We don't need any more help collapsing our estuaries."

In May, the managing partner of the Caulkins Oil, George P. Caulkins III, said the company was thinking about selling, possibly to developers.

"We're not farmers, and we don't have dirt under our fingernails," Caulkins said last year. "These days we are writing checks to cover our expenses. We're talking to people (about) selling our property, and it's not impossible that somebody will make us a good offer."

Commission Chairman Michael DiTerlizzi said the county is driving Caulkins out of the citrus business by forcing it to do the planting and then withdraw its canal proposal.

"We are forcing this Caulkins Citrus Co. to plant houses. I can't accept that," DiTerlizzi said.


Developer tries to build discipline
David Donald
Staff Writer

HOWEY IN THE HILLS - John Artimovich takes pride in hard work, loyalty and creativity and tries to foster a working atmosphere where he can pass on those traits.

Artimovich is building a housing development using 19th century carpentry, masonry, wood working and metal working techniques in hopes of instilling discipline into a younger generation.

"That's what I'm looking for," said Artimovich. "Guys that will stay loyal and work toward their discipline."

Artimovich began his career digging trenches in the hard clay of northern New Jersey. Artimovich said the guys down here have it easy with the soft Florida sand. He said workers don't want to start by digging trenches. They would rather be inside the house with tool belts strapped around their waists.

That is what Artimovich misses about the old days. He said people used to understand the system.

"There are levels," Artimovich said. "You're going to have to work through these hardships to get to that level.

"It's trial by fire."

Joseph Artimovich said that as children he and his brother, Michael, were always learning from their father.

"We learned by watching how our dad did things," said Joseph Artimovich. "Then he let us run with it. He makes you feel that you can do anything you want."

Whether it's coming up with a unique way to attach a beam to a column with steel brackets or developing an artistic window shutter reminiscent of another time, Joseph Artimovich said the creative mind is the limit.

"It's endless," Joseph Artimovich said. "It's an enjoyment to come here every morning. You are getting something out of it every day."

Artimovich and his two sons are building a house in Howey-in-the-Hills at the corner of Dixie Avenue and County Road 19 to showcase the style of the planned development. There are seven houses in the development, each with unique characteristics.

All the metalwork was wrought on site. Every door in the house is solid wood and was distressed with chains. Scraped teak hardwood covers the floors throughout the house.

"They (Artimoviches) put the word custom in custom," said Keith Ferguson, master carpenter and a resident of Astatula. "These guys are great to work with. They like to have a fun atmosphere."

Ferguson's son is an apprentice on the job site. Ferguson said it is a great opportunity for his son to learn different things in the carpentry trade. He said his son is learning more on the Artimovich's job site than he would at a cookie cutter development where you may never have a chance to meet the builder.

"To me, they look like they're all artists," said Ferguson "They've got a thousand ideas."

Cherry and granite counter tops, a stone sink basin and hardwood cabinets accent the kitchen. Each room features a vaulted ceiling and every edge in the house is smooth and flows into the adjacent element. A stone fireplace in the living room reaches to the height of the cathedral ceiling and a thousand-pound cypress log as a mantle draws a contrast to the quarried stone.

"We are building for ourselves," said Michael Artimovich. "We are doing this to create. There is a lot of thought going into everything we do."

Polk Vision Group Has Annual Meeting

WINTER HAVEN - Protection of green spaces, leadership training, the inauguration of a long-sought information and referral phone system and an examination of the branding of Polk County for economic development were among the highlights reported during Polk Vision's annual meeting.

The meeting Monday night at Nora Mayo Hall in Winter Haven was the occasion to highlight progress in the local organization, which was founded in 2003 to get residents involved in improving the community by defining key issues and coming up with strategies to address them.

Executive Director Colleen Burton pointed to progress, but emphasized that achieving many of the group's goals is a multi-year task.

Heather Nedley, executive director of the Polk County Farm Bureau, and Marian Ryan, a local Sierra Club member, reviewed progress in persuading the County Commission to approve spending $117,500 recently to hire a consultant who will come up with a way to offer incentives to farmers and other major rural landowners to preserve farms and environmentally important wildlife habitat.

The consultant's report, which is due in September, is expected to examine strategies ranging from transfers of development right to revising the county's Environmental Lands Program to make it clear the funds can be used to buy conservation easements.

Nedley said the results of recent growth-management workshops demonstrated there was substantial public interest in protecting rural and environmental lands from development.

She said the next step will be to make sure the program that emerges from the consultant's report meets the needs that were envisioned by the local task force that recommended the study.

Protecting environmental lands is part of a group of growth-related issues that is part of Polk Vision's agenda.

The group also heard from June Barnett, information and referral director of United Way of Central Florida, regarding the new 211 system, a phone line scheduled to be operating by April that will provide easier access to people who need health and social services.

The establishment of such a system had been discussed for decades in Polk County and it is expected to improve the current system of United Way operations.

Similar systems have already been started in the Tampa, Miami, Gainesville, Sarasota, Daytona Beach, Ocala and Jacksonville areas.

Barnett said the 211 system can help people, especially during emergencies such as hurricanes when the 911 lines are overwhelmed or not working.

She said all of the people answering the calls are certified and there will be ongoing training programs.

"We've been working on this for 10 years,'' she said.

Leadership Polk was another new program highlighted in the progress report distributed Monday night and will be mailed to many Polk residents.

The program, which is scheduled to kick off in August, is being billed as "an interactive educational experience that will nurture a well-rounded, diverse group of countywide leaders with a global perspective as it related to the whole of Polk County.''

For more information about Polk Vision, go to www.polkvision.com or call 863-646-0439.

Tom Palmer can be reached at 863-802-7535 or tom.palmer@theledger.com.

Deltona Village may bring hustle, bustle to southwest

But the plans for the center call for shopping and service jobs instead of high-end firms.

Denise-Marie Balona
Sentinel Staff Writer

March 7, 2007

About a decade ago, elected leaders hatched plans for transforming about 1,800 acres along Interstate 4 in southwest Volusia County into a version of Seminole County's Heathrow.

But the only development proposal to come forward after years of planning calls for more of what Volusia already has -- shopping and mostly service-wage jobs.

Instead of drawing big firms offering high-end salaries, the first piece of the Southwest Activity Center calls for a grocery store, car dealership, retail anchor, movie theater and other businesses on 150 acres in Deltona.

County Council member Pat Northey is frustrated the activity center hasn't attracted businesses offering high-paying jobs. But she is glad one area has been able to make progress.

"Any activity at the activity center at this point is good," said Northey, a veteran politician who was instrumental in helping develop the center's vision.

Deltona City Manager Steve Thompson, who started in June, said he isn't aiming for Heathrow, although he expects some high-end companies will eventually set up shop in southwest Volusia.

"I think there will be a large component of that, but that's not the only thing to do," Thompson said. "We're not just going to cater to the wealthy."

Organizers envision this first piece, dubbed Deltona Village, as a commercial center where people could come from across the region to live, work and play.

Thompson said people could spend the day there, meandering through retail shops, chatting over coffee, dining at various restaurants and being entertained.

Officials said this new piece likely will spur more development in Deltona, a mostly residential city of more than 80,000 people that's desperate to boost its economy by bringing in new businesses and visitors.

As the city works to attract light manufacturing and get businesses to open their headquarters here, it also wants to rework the plan for the activity center in part by adding more residential, specifically apartments and condominiums.

Thompson said he thinks the regional plan needs to be re-evaluated, though he didn't offer many details other than to add apartments and condos.

The plan calls for about 4 million square feet of office space, almost 6 million square feet of warehouse and industrial use and nearly 2 million square feet of retail in Deltona alone.

For years, Volusia County officials have looked to the I-4 corridor near Lake Mary and Heathrow as a model for the activity center, which straddles I-4 at State Road 472.

One longtime official from Lake Mary urged Deltona leaders to resist the temptation of commercial development and focus instead on luring higher-paying jobs and office buildings. That's mainly how the Seminole interchange developed, said Lake Mary Mayor Thomas Greene.

The Heathrow interchange took 20 years to develop, he said, adding Deltona officials need to be patient. He said the area can do a lot to lure big companies by making the region an attractive place for people with higher incomes. He said his city invested in law enforcement, pretty streetscapes and local schools.

"There's no reason why Deltona or any other community can't do what we did," Greene said. "That area's basically vacant, so it's like a picture you haven't even painted on yet. You have a blank canvas and an opportunity to plan what you want to have there."

Nevertheless, Deltona Mayor Dennis Mulder is excited about the new plans involving Deltona Village, describing it as a first step that will eventually bring the higher-paying jobs.

"When this development starts and the industrial [piece] starts . . . it will be one of those deals really that you couldn't stop it if you wanted to," Mulder said.

Other officials have been increasingly pessimistic about the possibility of recreating Heathrow in Volusia County.

Little progress had been made because it's been hard to get the hundreds of landowners within the activity center and the government agencies to cooperate on such things as right-of-way donations for critical road networks -- a problem that surfaced last year.

Aside from Deltona, most of the rest of the activity center lies within DeLand and unincorporated Volusia.

Rick Michael, the county's economic-development director, said Deltona needs to start somewhere. Not only could Deltona Village spark further development, it also will help keep local dollars in town. Currently, about three-quarters of residents' income leaves Deltona, he said.

"In a city like Deltona, you have to sometimes start with the very basics," Michael said. "There's a need to do something in order to sprout retail and commercial development."

Denise-Marie Balona can be reached at dbalona@orlandosentinel.com or 386-851-7916.

Island Town Center developer taking 'wait, see' attitude


NEW SMYRNA BEACH -- With vast views of the pristine marsh and Indian River Lagoon, the colorful signage looks appealing on the Island Town Center property. The future of the project, however, remains a mystery.

The vacant, razed property on the North Causeway has sat quiet for the past year with a locked sales office and signs listing an operating Web site address but a telephone number that has been disconnected.

While there's ongoing activity to obtain dock permits for the 14-acre waterfront property, the project's destiny is unsure.

"We still love the market. We are waiting on the right time to do something. We evaluate that monthly and we talk about the project quite a bit internally," said Steve Brooks, Georgia-based Ambling Development senior vice president, adding the project was halted last year because the "economy was volatile."

He added, "Island Town Center's legal name is still out there. If we re-launch the program we may or may not use the name in the future."

Original plans called for a five-phase, $60 million condominium development with 202 residential units, a waterfront restaurant, shops and public walkway along the water. County records show that several parcels were acquired under the name Island Town Center, LLC in 2004 for a total of $5.5 million.

Ambling and co-developer Urban Partners of Jacksonville Beach announced in June the project was on hold and returned deposits to 71 potential buyers. At the time they said it might be revived if dock permits were obtained.

"We are working diligently with the St. Johns River Water Management District to continue the permitting process. We are keeping our options open at this point," Brooks said.

The City Commission in September approved a submerged land lease with Island Town Center for $2,387.16 annually. The lease covers 19,893 square feet of land fronting the North Causeway at a cost of 12 cents per square foot, with an annual consumer price index increase. If the property were sold, the new owners would have to renegotiate the lease.

Mayor James Vandergrifft said while he agrees market conditions should be optimal, he liked the original plans.

"The development we anticipated and approved I thought was a very good concept for that site," he said. "I think if they do get their dock permits, where there is a water amenity, it will certainly be more marketable for them."

Vandergrifft said he understands the wait and watch theory. "They are smart to watch the market. It will come back. New Smyrna Beach always stays pretty well above the average. (The property) is such a great location, close to downtown," he said.

vicky.koren@news-jrnl.com

Lake Worth boosts beach plan by OK'ing new zoning district

y Nicole Janok

Palm Beach Post Staff Writer

Wednesday, March 07, 2007

LAKE WORTH — The city gave its final OK for a new zoning district for its public beach in a 3-2 vote Tuesday. Mayor Marc Drautz and Commissioner Cara Jennings dissented.

The beach and casino zoning district outlines height restrictions, setbacks and uses of a commercial building as well as parking limitations and green space requirements for the 18.6-acre beach.

Jennings, who has consistently opposed beach development plans, questioned why the zoning didn't address coastal preservation issues as well as setting the commercial building off the dune. She also suggested the city hold a special meeting to have further discussion before approving a zoning district.

"I implore all of you not to sacrifice this opportunity to create better zoning," Jennings said. "This is not the best. We can improve upon it."

The new district is needed for Tampa developer Greater Bay Group to move forward with its plans for a a 49,000-square-foot commercial building with a two-story parking structure, new pool and locker rooms, and outdoor cafes.

The zoning district limits building height to two stories and 50 feet, with 10 additional feet for architectural features.

Total retail space is limited to 7,200 square feet, but restaurant space is not defined. At least 25 percent of the property must be green space.

Commissioner Nadine Burns stressed that the zoning would not allow for a six-story building, hotel or condo. Burns added that the proposed building would be similar to the casino building built in the 1920s.

"That was consistent with what they (residents) wanted to see there," Burns said.

Although a few residents at Tuesday's meeting encouraged commissioners to move forward with the zoning, more questioned why the commission was acting without more public input.

Drautz said that the public's wishes for the beach will be reflected in next week's election.

"The fact is, whatever happens here tonight can be overturned by a new commission in two weeks," he said.

Greater Bay Group can not move forward with its project until the commission has a second public hearing on the beach and casino land-use amendment, which is under review by the state Department of Community Affairs. The DCA decision is expected next month.

Edgewater Harbor gets 3-year extension

By KELLY CUCULIANSKY
Staff Writer

EDGEWATER -- Developers of the Edgewater Harbor condominium project now have three more years to begin construction.

After much heated debate, the split City Council approved the extension for the 60-acre riverfront property on Monday. Developers cite unfavorable housing market conditions and a need for more time to process the site plan.

But the extension, which is part of an amendment that includes numerous changes to the development agreement, was an issue of contention among some council members. While the changes were approved with a 3-2 vote, Councilwomen Harriet Rhodes and Debra Rogers say they are tired of waiting for Edgewater Harbor developers to start building the project.

"I think we're better served by at least attempting to make this happen," Rhodes said. "But I'll tell you what, if it does happen again (the developer will) never get another agreement out of me. I mean never."

If the council hadn't approved the amendment this week, the development agreement would have expired in April.

The extension for the Edgewater Harbor project comes more than three years after the city sold the U.S. 1 property to developers for $3 million. When the land was sold in November 2003, city officials hoped the proposed luxury condominiums would generate about $471,814 in tax revenue.

The project, however, has changed significantly since then.

The original proposal called for 580 condo units in eight-story buildings, but in April developers revised the plan due to escalating real estate construction costs after the 2004 series of hurricanes and Hurricane Katrina in 2005. Developers now plan to build about 450 townhouse condos at about three stories tall.

The changes to the project have caused Edgewater to lose significant amounts of tax revenue that the city would have had by now, Rogers said.

"Three more years?" she said. "You've got to be kidding me. Don't insult us."

While the development plans are different now, the condos will still have a "positive effect on (tax) revenue," said Edgewater Harbor attorney Kevin Donagy.

Developer Robert "Hawk" McMillan III said he would sue the city if the council didn't move forward with the amendment. "I really don't want litigation, but I really do feel after doing a lot of work and studying that I have a great point to litigate on."

McMillan alleges the city delayed the project when council members refused to review the condo site plan until McMillan paid water and wastewater impact fees up front. At the time, McMillan argued he could pay the $1.7 million fees in installments as he built each phase of the project.

City Attorney Carolyn Ansay said based on speculation, McMillan could sue to get damages as a result of the delay with the city.

'It would be up to a court to sort it all through," she said.

If the council hadn't passed the amendment, the Edgewater Harbor team could argue they should proceed with the development and be entitled to damages as a result of the delay, she said.

The original agreement was also contradictory and vague regarding payment of impact fees with a project that would be built in phases, Ansay said.

The revised agreement now states all impact fees for the first 142 condos must be paid upon site plan approval and prior to the issuance of building permits for the first phase. Impact fees for the remaining residential and commercial units must be paid within two years from the date of construction of the first phase.

The amendment approved this week also clarifies a dispute between the city and the developer over boat slips. The original agreement did not specify a fee for boat slips, but now states a charge.

Of the city's roughly 418 boat slips awarded through the manatee protection plan, Edgewater Harbor will get 300 slips for a dry-stack boat storage building of up to 60,000 square feet. The project will also have up to 30 wet slips.

The slips, which will be open to the public on a first-come, first-served basis, will cost the developer about $1.50 per linear foot each year. Donagy said Edgewater Harbor will pay the city about $240,000 for the boat slips each year.

kelly.cuculiansky@news-jrnl.com

Celebration Pointe developers warned

y Jim Reeder

Palm Beach Staff Writer

Wednesday, March 07, 2007

FORT PIERCE — Developers of Celebration Pointe can resume work, but were told Tuesday they'll be shut down again if they violate noise, dust, work hours and other rules set by St. Lucie County.

Commissioners ordered a 48-hour work stoppage after neighbors during a Feb. 20 meeting complained of blowing dust, early-morning work noise and other problems relating to construction of the new community.

Mercedes Homes' contractors resumed work three days later, but were ordered to stop again when a code enforcement officer saw activity before 7 a.m.

The project, which when finished will include 755 residential units, has been idle ever since.

The developers agreed Tuesday night to keep a water truck on hand to stop the dust from blowing, to not work before 7 a.m., to replace a fence they had removed and to quit crossing private property at the end of Swain Road.

"Mercedes Homes is sensitive to the neighbors' concerns," attorney Cynthia Angelos told commissioners.

Neighbor Connie Mishoe didn't buy it.

"They only became sensitive two weeks ago," Mishoe said. "I asked them a year ago to stop using our property.

"And our fence was stolen one year ago, too."

David Morgan of Guettler & Sons, a land-clearing contractor, said the 7 a.m. start time could mean it will take longer to remove piles of dirt from the site.

"The developer has asked us to wait until 7:30 a.m. to start work," Morgan said. "I won't be able to get independent truck drivers to work if they can start at 6:30 a.m. at another project."

If the developers violate any of the agreements, the project will be shut down again until county commissioners decide what to do. They could revoke their permit and require them to file new plans that would have to go through the lengthy approval process.

SR 56 to go east with 6 lanes

By CHUIN-WEI YAP
Published March 7, 2007

WESLEY CHAPEL - Part of a proposed $1.6-billion package of road improvements spawned by Wiregrass Ranch, one of central Pasco's most eagerly awaited lifelines just got bigger.

The eastward extension of State Road 56 is due to get six lanes as it runs along the southern flank of the Wiregrass mall, before narrowing to four lanes, county administrator John Gallagher said Tuesday.

Construction on the extension is supposed to start this month, said Gallagher while addressing the Greater Wesley Chapel Chamber of Commerce.

Two months ago, the new road was planned for four lanes.

The decision to construct six lanes came from developers responsible for building the extension, county officials said.

The developers include Pulte Homes, King Engineering Associates and the Goodman Co., whose $105-million Shops at Wiregrass would rely heavily on the SR 56 extension.

Straddling Bruce B. Downs Boulevard, the junction would become what the state Department of Transportation describes as "the largest intersection in the district." It will have "triple lefts" - three left-turn lanes - in every direction, said Kris Carson, the department's spokeswoman.

Pasco lies within DOT's District 7, which also covers Pinellas, Hillsborough, Hernando and Citrus counties.

Bruce B. Downs is due to expand to six lanes north of SR 56, and eight lanes south of SR 56, said Michele Baker, Pasco's engineering services administrator.

But the county has not yet signed off on the 5,000-acre Wiregrass development. One sticking point is how to split the billion-dollar bill for the 10 years' worth of road improvements.

Wiregrass' developers argue they are responsible only for $477-million, or about 30 percent, but the county is not convinced.

"We haven't verified their numbers," Baker said. "That leaves the county on the stick for more than $1-billion."

The package includes a curving flyover at SR 54 and Bruce B. Downs; a new interchange at SR 56 and Bruce B. Downs; and improvements to 24 intersections stretching well into Hillsborough. Baker cautioned that these projects are conceptual and have yet to secure regulatory permits.

Pasco is nervous about its shrinking wallet, and last week proposed leaving $952-million worth of road projects out of its countywide five-year road-building plan.

Keith Appenzeller, president of King Engineering, and Scott Neal, of Pulte Homes, were unavailable for comment Tuesday.

SR 56's extension has been a hot-button issue, especially for Meadow Pointe residents seeking traffic relief from new schools in their neighborhood.

Businessmen at Tuesday's breakfast meeting also peppered Gallagher with their concerns about the section of SR 54 that is at the northern edge of Bruce B. Downs - near the Saddlebrook resort.

The two-lane road is perennially choked and years late in its widening plans.

Gallagher said the county is still trying to appraise private property to buy enough land to widen the road, and construction could start in early 2009.

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

Tight Money Stalls Road Improvements

By JULIA FERRANTE The Tampa Tribune

Published: Mar 7, 2007

If you ask residents of Pasco County which roads are in the greatest need of improvement, you are likely to get a slew of different answers.

U.S. 19, Moon Lake Road, Collier Parkway and U.S. 41 tend to rise to the top of the list, but many others have inspired impassioned complaints from all parts of the county, said Michele Baker, the program administrator for engineering services.

Roads under construction, including sections of State Road 52 between the Suncoast Parkway and Interstate 75 and County Road 54 in Wesley Chapel, draw many pleas for help, mostly because of anticipated growth and development.

Pasco leaders keep a running list of planned and proposed projects in the form of a five-year transportation capital improvement plan, but the list remains in flux.

Rising costs of construction and real estate, along with a slump in residential building, have left the county with more projects to complete than dollars to pay for them. That means road expansions and improvements must be reprioritized or put off at least until more money is available.

"We can no longer afford to build the five-year program we adopted in September," Baker told the county commission at a recent meeting in New Port Richey.

During a Tuesday interview, she noted that the plan is changing each day, and it will not be set until the county commission considers it in a formal vote during its budget review process in July.

"We still want to build all these projects," Baker said. "Some already are out of the CIP [capital improvement plan], some may get pushed out. Others may get put back in."

Regardless of the final plan, county leaders will be faced with tough decisions about how to come up with more revenue to pay for road projects. Revenue from the Penny for Pasco sales tax will pay for several projects, including improvements along County Road 54 in Wesley Chapel, U.S. 19 and Clinton Avenue. Other funding could come from higher impact fees or gasoline taxes, property taxes or some form of assessments, Baker said.

None of those options is particularly appealing to a committee of developers and county officials analyzing Pasco's transportation impact fees. Impact fees, one-time charges on new construction, are a primary way to pay for new roads, but in recent years, the revenue has not been matching the needs.

A county consultant has told officials the impact fees need to double or triple to make up for the deficit. Builders say the county will drive construction away if the charges are raised significantly.

It takes more than five years from the time a road is conceived to its completion. County officials expect to spend $163 million on road projects this year on road improvements, not nearly enough to address all of the needs, Baker said. An estimated $160 million is needed to address failing roads. An additional $200 million or so is needed for deficient state roads which are not included in the Department of Transportation's long-range plans.

"We have another $300 million in roads we think we need to do in the next five years," Baker said. "Every day, I continue to fine-tune this."

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

Selmon Expressway Sheds Small Chunk Of Concrete

By RICH SHOPES The Tampa Tribune

Published: Mar 7, 2007

TAMPA - Some morning commuters on the Lee Roy Selmon Expressway will face delays at least until Friday as workers replace a section of the westbound shoulder near Jefferson Street.

Westbound commuters approaching Jefferson Street will be merged into traffic using the right lane.

Workers with jackhammers started ripping up the shoulder after a piece of concrete about the size of a toaster oven fell from the bridge over Jefferson and onto an empty lot below the expressway Monday afternoon.

Transportation officials aren't sure why the concrete dislodged but said the problem does not point to larger issues.

The damage is unrelated to past problems on the expressway's reversible lanes, which opened in July.

"We are not concerned, but we will continue monitoring the bridge," Department of Transportation spokeswoman Kris Carson said.

Workers have monitored the bridge for years as part of a maintenance agreement between the state and the Tampa-Hillsborough County Expressway Authority, which constructed the expressway.

A Department of Transportation worker driving on the expressway noticed the missing chunk Monday afternoon.

Workers repairing the hole will remove two concrete road sections totaling 16 feet by 8 feet, then pour replacement sections. The left lane should be opened Friday, Carson said.

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

Second hotel will add to the mix on State Road 56

By TIMES WIRES
Published March 7, 2007

WESLEY CHAPEL

Thriving State Road 56 is about to score another first in commercial development. Land clearing has begun for a 100-room Hampton Inn & Suites at Cypress Creek shopping center, just northeast of Interstate 75 and State Road 56. It's only the second hotel so far on Pasco's busiest east-west road. The Hampton Inn project is due to be completed by the year's end, said A.C. "Chip" Skinner, of Skinner Bros. Realty of Jacksonville, which represents the landowners. Skinner said they also closed a deal two weeks ago to add an 8-acre office center near the hotel, which would include a Synovus Bank.

County delays Wal-Mart decision
By Bruce Ritchie
DEMOCRAT STAFF WRITER

The Planning Commission on Tuesday night delayed a decision on a proposed Wal-Mart on North Monroe Street in Leon County.

Wal-Mart is proposing a 101,000-square-foot store at the former Sam's Club site north of Interstate 10. The company was forced to scale back its plans for a 120,000-square-foot store last August after the Board of Adjustment and Appeals refused to allow the larger store.

The Planning Commission delayed action after its attorney, Chris Bentley, said it wasn't clear that Wal-Mart Stores Inc., as the rezoning applicant, owns or controls all of the 36 acres requested for rezoning. He said county regulations clearly require a rezoning applicant to own the property or to have substantial control over it.

"I'm looking for a clean record," Bentley said.

Wal-Mart plans to tear down the Sam's Club to build the new store, which will be the same size. The company also proposes to buy and tear down the YMCA branch and other adjacent commercial buildings for stormwater treatment ponds.

Some area residents questioned whether the ponds will provide adequate treatment to protect Lake Jackson and the lush ravines behind the former Sam's Club building. Representatives of Wal-Mart and Leon County said the pond would be tested before the construction of buildings could start.

The Planning Commission is scheduled to take up the matter again on March 14. The proposal is scheduled to go before the Leon County Commission on March 27.