Proposal Aims for Renewable Energy

By STEPHEN MAJORS
The Associated Press

TALLAHASSEE - Florida would jump from lackluster ranks to having the most stringent renewable energy requirements for electricity generation in the nation, under a bill to be considered today by a Senate committee.

The Senate's energy plan (SB 996) would require half of new electricity in Florida to be generated with renewable energies such as biomass, wind and solar by 2017. The Sunshine State currently generates less than 10 percent of its electricity using nuclear power and other, renewable fuels, instead relying primarily on natural gas, coal and petroleum - all fossil fuels.

The 50 percent figure may change during upcoming negotiations, but it signals that some state lawmakers want Florida to join at least 20 other states and the District of Columbia, which have renewable portfolio standards for electricity production.

Minnesota, for example, has a requirement of 25 percent by 2025 - the highest percentage of any state to date, according to the U.S. Department of Energy.

"I think it's very bold to set an aggressive goal like that," said Susan Glickman, a consultant for the Southern Alliance for Clean Energy. "I think it will certainly cause people to look at what's in the realm of the possible for Florida."

However, the House energy plan (ENRC 07-01) approved Wednesday by the Environment and Natural Resources Council rejects a renewable energy mandate until a study can be conducted to recommend a requirement.

It opts instead for tax incentives and grants to spur the production of renewable fuels such as ethanol, which experts have said could be readily produced in Florida using materials such as citrus and yard waste.

The Senate plan also contains tax incentives, but its author thinks a mandate is the best way to spur needed investment in renewable energy to offset Florida's dependence on foreign oil.

"We're dragging the power companies kicking and screaming to the table," said Sen. Mike Bennett, R-Bradenton.

Rep. Bob Allen, R-Merritt Island, the House energy head, said incentives are a better way to get industry to partner in new initiatives.

"Mandating is the old central government model where it's Soviet style. You're telling people, 'You shall do this,' and you hope they will," Allen said. "You can't make people spend and invest dollars ... with a mandate as fast as you can when you incentivize it."

Florida Power & Light, the state's largest electricity producer, had not had time to digest the Senate proposal.

"We'll evaluate it," said spokesman Mayco Villafana.

The Senate bill contains another provision that has historically been unappealing to power companies. It would require the creation of a net-metering program, in which electricity customers who have installed solar or wind technologies in their homes and businesses would receive credit for excess power they send back out onto the grid.

Currently, there is no incentive for people to use those technologies because they may not get credit for the energy they produce.

Allen has said the House will likely wait until next year to look at net-metering so that other policies can settle into place.

Bill would ease ban on erosion-control tubes
Environmentalists say devices disrupt nesting sea turtles
By Paige St. John
FLORIDA CAPITAL BUREAU

The manufacturer of a beach-reinforcement system won at least a temporary victory in the Florida Legislature, agreeing to abide by federal protections for sea turtles if its gigantic sand tubes can escape Florida's ban on unnecessary coastal armoring.

Environmentalists, as well as the architect of Florida's current beach-restoration program, are not pleased.

''I'm concerned to say you don't have to have any need to justify it,'' said Debbie Flak, currently head of the Florida Shore and Beach Preservation Association and formerly director of the state agency that regulates beach-armoring and restoration projects.

The controversy is over efforts by Advanced Coastal Technology, an Alabama company, to bypass state regulators who have been slow to grant permits for the company's mammoth textile tubes. Buried beneath sand, they serve to anchor existing dunes and provide some protection from erosion.

Lobbyists for the firm have worked for three years with Rep. Stan Mayfield, R-Vero Beach, to get the systems reclassified as ''soft armoring.''

An amended House bill that surfaced late Tuesday evening did essentially that - in a paragraph allowing coastal residents to use the tubes even in areas where no homes are threatened by the moving shore.

''Let the property owners take a look ... let the property owners have a choice,'' said Randy Kessler, an engineer for the company.

Some lawmakers noted the exemption gives ACT a distinct advantage over competitive systems, such as seawalls and other armoring, that would still have to abide by state vulnerability requirements.

And, environmentalists pointed out, some of the existing sand-tube systems installed in Florida on a test basis have failed to stop erosion, while providing a barrier to nesting turtles if they are not constantly rebuilt.

''They invariably get uncovered. They don't work on erosive beaches,'' contended Gary Appelson with the Caribbean Conservation Corp.

Some of the strongest objections came from Rep. Thad Altman, R-Melbourne, whose Brevard County district has five such structures. After several Walton County homeowners pleaded for state sanction of the expensive systems they had installed, Altman questioned their assumption the homeowners are any better off.

''I really challenge the technical merit of this technology,'' he said. ''They could be a big waste of money.''

However, he failed to convince other members of the Environmental Protection committee, including chairwoman Rep. Trudi Williams, R-Fort Myers, to remove the permitting exemption for sand tubes.

The bill has one more stop before reaching the House floor - Mayfield's committee. The House council chairman is absent, fighting cancer.

Nature prevails for Wood Sink
Conservancy group closes on land deal
By Bruce Ritchie
DEMOCRAT STAFF WRITER

CHAIRES - Tom Greenhalgh, a state geologist, watched as a clear-flowing stream created a small waterfall before it flowed underground into Wood Sink east of Tallahassee.

"I imagine this thing really blows" through after a hard rain, said Greenhalgh, who works at the Florida Geological Survey. "It will take most of that water, I'm pretty sure, really fast."

Because the stream flows into the Floridan Aquifer, which flows to springs and provides drinking water for the region, Wood Sink and the surrounding land has been targeted by Tallahassee and Leon County for conservation.

And because The St. Joe Co. owned Wood Sink and put it along with about 2,000 surrounding acres along the St. Marks River up for sale last year, conservation agencies and groups have been concerned the land could be developed.

But some of that fear could be put to rest today as The Nature Conservancy is scheduled to close on a deal to buy Wood Sink and 1,057 surrounding acres.

"I think it's a wonderful thing - we're flabbergasted," said Jim Davis, executive director of the Tallahassee-Leon County Blueprint 2000 Agency. He said his agency could negotiate with the group to buy 200 acres around Wood Sink.

"There clearly was a significant concern it was going to be developed," he said.

The Nature Conservancy hopes to sell the majority of the land eventually to the state, which also targeted the area for purchase. The group is buying the land now because the state doesn't have the money to buy it until at least the new fiscal year, which starts July 1, said Keith Fountain, director of land acquisition with the group's Florida chapter.

The entire tract is located north of U.S. Highway 27, or Apalachee Parkway. Last year, the state bought 2,625 acres immediately south of the highway for a new state park.

Rather than becoming a state park, the new purchase area likely will be managed by the Florida Fish and Wildlife Conservation Commission, said Gary Cochran, the agency's conservation acquisition and planning administrator.

The Wood Sink tract connects to the agency's L. Kirk Edwards Environmental Area, which includes Lower Lake Lafayette and 692 acres to the east.

The lake is a nesting area for great egrets and wood storks, Cochran said, and the Wood Sink property is an area where those birds search for food.

Swallow-tailed kites and smaller migrating birds also visit the area during the winter time along with migrating ducks. The area also is Florida black bear habitat.

The purchase also creates a conservation link between Lake Lafayette, the St. Marks River and the thousands of acres the state owns along the Wacissa and Aucilla rivers.

St. Joe owned the property at least 30 years and had grown pine trees for paper and pulp production, said Shane Fuller, a company biologist.

About six years ago, the company began thinning the pines and burning the underbrush.

The result now is an open pine forest with more grasses and berries - food for more wildlife, including deer, turkey and quail, Fuller said.

"When I started on this area, it was wall-to-wall pine trees," Fuller said. "You couldn't see anything through it."

Conservation groups have been urging the Legislature to allocate more money for land purchases. The Nature Conservancy has stepped in and bought about $100 million worth of land because the state has been unable to, Fountain said.

"It's a buyer's market right now," he said. "There are a lot of people who want to sell their property."

Water board OKs pollution cleanup

A $5.3 million treatment plant would clear the discharge from Lake Apopka.

Robert Sargent
Sentinel Staff Writer

March 29, 2007

TAVARES -- The Lake County Water Authority agreed Wednesday to move ahead with a multimillion-dollar plan to help reduce pollution spewing into the Harris Chain of Lakes.

The authority's board of trustees voted 6-1 to find a builder for a large treatment facility that would clean up water flowing into the chain from Lake Apopka. Board member Ann Griffin dissented.

When completed, the project would be one of the biggest environmental cleanups in the county's history.

The treatment plant is expected to cost about $5.3 million. Operating it could run as much as $1.2 million a year.

Most of the board strongly support the idea, calling it a vital step to help curb pollution coming out of Lake Apopka.

"I think it's a great thing -- it's exciting," board member Nancy Fullerton said.

"This is proven science," board member Keith Farner said. "I have the absolute highest expectations."

Griffin, however, read a long list of concerns about how the project could affect the environment, including water that would be injected with liquid alum, or aluminum sulfate. She argued that the facility also would alter land used by protected birds and other wildlife.

Griffin questioned the high cost of the project: "This is a terrible assault on taxpayers' money."

The water authority could bid out the project next month. The board could consider offers by May or June.

Lake Apopka -- considered one of the state's most-polluted lakes -- is struggling to recover from decades of damage from municipal and citrus waste in addition to muck farms around the lake.

Its hazy green water, which often is loaded with excessive nutrients and sediment, flows downstream to most of the Harris Chain of Lakes in north Lake County.

Lake Apopka is a major cause of environmental problems on the Harris chain, which has had its share of cleanup projects over the years.

The treatment facility would attempt to cut off much of that pollution by diverting water from the Apopka-Beauclair canal and injecting it with alum. The treated water would run through two 10-acre settling ponds, where the alum would combine with phosphorus and other pollutants.

The combined material then would settle to the bottom of the ponds, where it would be pumped away and dried in a 21-acre containment area. The treated water would be directed from the settling ponds back to the Apopka-Beauclair canal and then into the Harris chain.

The water authority hopes the project will remove up to 67 percent of the algae-feeding phosphorus coming from Lake Apopka.

The facility would handle up to 8 million gallons an hour. However, it could treat different amounts of water depending on how much comes downstream.

The St. Johns River Water Management District is providing the 250-acre site along the canal. The facility would sit on about 50 acres.

The state Department of Environmental Protection has issued a permit to allow the project, and the agency could pay for up to half of the facility's construction costs.

The Lake County Water Authority would pay the rest.

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

Florida may go green through fertilizer limits

By CRAIG PITTMAN
Published March 29, 2007

Lush green lawns, verdant golf courses and tropical gardens long have been a part of the rich Florida landscape.

But that beauty has come with a price.

For years, state officials have blamed overfertilized lawns for many of Florida's water pollution woes.

With every rainfall, they said, excess nitrogen and phosphorus from fertilizers would wash downstream, spurring harmful algae blooms, fish kills and deadzones in lakes and rivers.

This spring, Florida is poised to become the first state in the nation to restrict the content of fertilizer for lawns, farms, golf courses and landscaping, according to industry officials.

State officials have proposed a rule that would limit fertilizer sold in Florida to formulas classified as no- or low-phosphate - all in an effort to quell the state's biggest water pollution problem.

They didn't intend to become national leaders on the fertilizer issue, state officials said, but industry representatives suggested creating a uniform policy to avoid counties and cities imposing their own rules.

Now, though, the industry isn't keen on the result.

"There's no justification for reformulating this product," said James Skillen of the fertilizer trade group Responsible Industry for a Sound Environment.

Industry officials question whether the rule would even lessen Florida's water pollution.

"We're battling the myths of the impact that fertilizer has," said Mary Hartney, president of the Florida Fertilizer and Agrichemical Association. "There's a misperception that overuse is occurring, and we have the data and can prove that there's no overuse."

The state and opponents don't agree on the effect on suburban lawns. "Homeowners won't see a difference with how green their lawns are," predicted Carol Wehle, executive director of the South Florida Water Management District.

"They'll notice eventually a degradation of their lawn," Hartney said.

And they don't agree on whether the new rules will stem the rising tide of polluted waters. "Almost no phosphorus will be getting into our urban waterways," Wehle said.

"I think it will be difficult to measure" any change, Hartney said.

Laurie Trenholm, a University of Florida associate professor of environmental horticulture who has studied urban turfgrass, said the new rules are "not going to be detrimental to lawns."

But golf courses and athletic fields that see a lot of wear may have some trouble, she said. If that happens, the rule allows application of larger amounts of fertilizer.

Agriculture Commissioner Charles Bronson announced the proposed new rule in January. The department already has had two public workshops. The last one is scheduled for today in the small Central Florida town of Citra.

Unless there are substantial objections submitted there, the new rule will likely take effect in late May or early June. However, there will be a yearlong grace period for stores to sell out of the current stock of fertilizer in Florida and usher in the new formula.

Some consumers appear eager for the switch. Christopher D'Elia, an environmental science professor at the University of South Florida St. Petersburg, said he recently canceled his "ChemLawn" service with TruGreen because he feared his Old Northeast lawn was polluting nearby Tampa Bay.

"If we want to protect our water, we need to protect our resources," D'Elia said.

Craig Hyde, a St. Petersburg landscaper, said he treats both his own and his customers' lawns with an organic fertilizer that uses 2 percent phosphorus and is environmentally safe. He said the fertilizer keeps lawns lush and green, but he added that more chemicals are required to curb insect infestations.

"Do I want my yard to look like that" asked Hyde, pointing toward the patchwork of weeds and sand across the street from his Old Northeast home. "No."

Restricting fertilizer use came up two years ago when state officials were trying to come up with a rescue plan for Lake Okeechobee, one of the most polluted waterways in Florida.

One idea batted around was to limit fertilizer use on lawns and farms around the lake, Wehle said.

If the state were able to cut back on the source of pollution, she said, "then we don't have to spend all these public tax dollars cleaning it up later."

Meanwhile local governments around the state already were considering or taking action on fertilizer limits. Martin and Sarasota counties have talked about clamping down. Crystal River has limited sales to only slow-release fertilizer formulas.

Last year the village of Wellington banned all but 2 percent phosphorus fertilizer, and this month Sanibel followed suit. It also is restricting homeowners to six applications of fertilizer a year. Violators could be charged with a misdemeanor, with the maximum punishment a fine of $500 and 60 days in jail.

Fertilizer industry executives didn't like the fact that they had no input on most of the local rules under discussion, and they worried about trying to comply with widely differing regulations across Florida.

So when state officials contacted them about establishing new fertilizer rules around Lake Okeechobee, industry representatives proposed the state set a single state standard, Wehle said.

That made sense to state officials.

"One of the things we're trying to prevent is a patchwork of local ordinances that would be almost impossible to enforce," said Richard Budell, director of water resources protection for the Department of Agriculture and Consumer Services.

That made industry officials unhappy. "The proposed rule as written is problematic," Hartney said. "It puts a disproportionate share of the burden on the industry. We certainly don't think we're the whole problem."

She said the industry prefers more of an emphasis on educating the consumers rather than regulating the fertilizer formula.

Florida isn't the only state concerned about phosphate. Starting in 2005, Minnesota outlawed the use of fertilizers containing phosphorus on lawns unless certain conditions were met.

But Florida officials hope other states will follow suit and be even more aggressive in restricting fertilizer use, Wehle said.

"If we can do it," she said, "then everybody can do it."

Times staff writers Casey Cora and Elena Lesley and researcher Caryn Baird contributed to this report.

Q&A

Fertilizer changes

What's being proposed?

The state Department of Agriculture and Consumer Services wants to limit the sale of fertilizer products statewide to only those with low or no phosphorus.

Why?

State officials blame excessive farm and suburban fertilizer use for causing Florida's most serious water pollution problem: nutrients that fuel harmful algae blooms, causing fish kills as well as swimmers' rashes and respiratory problems.

Will I notice any difference in my lawn?

State officials say no, but fertilizer industry officials - who oppose the change - are not so confident.

When will the change take effect?

This spring, although stores would have until next year to sell all the fertilizer now on their shelves.

How do I know if the fertilizer I am using has low or no phosphate?

Fertilizer bags have three numbers giving the proportion of nitrogen, phosphorus and potassium in the mix. The middle one should be 0 or less than 2 or 3.

If you go

Workshop in Citra

The last public workshop on the proposed new rule for fertilizer is scheduled for 1:30 p.m. today at the Plant Science Research and Education Unit, 2556 W Highway 318, Citra. For information contact Dale Dubberly, bureau chief of compliance monitoring, Division of Agricultural Environmental Services at (850) 488-8731. To read the full proposal, click on: http://www.flaes.org/pdf/Revision5E-1%2000313107_1.pdf

Rivers Thirst For Elusive Rainfall

By MIKE SALINEROAnd NEIL JOHNSON The Tampa Tribune

Published: Mar 29, 2007

TAMPA - With river levels approaching record lows, Temple Terrace marine police Officer Carl Avari-Cooper spends less time in his boat and more on the Hillsborough River's banks, patrolling by foot.

"There are parts of the river that are inaccessible," he said.

Tampa, which relies on the river for its fresh water, is reaching beyond the river to supplement its supply with 30 million gallons purchased daily from Tampa Bay Water, the region's water utility.

The duration of the current dry spell is reviving memories of the Florida drought that lasted from 1998 until summer 2001. It drained water supplies, ignited wildfires and parched lawns across suburbia.

"We're not there now, but it's our fear that we may be headed back that way," said Granville Kinsman, manager of hydraulic data for the Southwest Florida Water Management District.

After an abnormally dry 2006, rainfall continues to be scarce. Forecasts call for a drier-than-normal April and May, historically Florida's driest months.

Under the current conditions, it would take up to 6 inches above normal rainfall to erase the drought in the Tampa Bay area and most of the rest of Florida, the National Weather Service said.

Across The State

The drought stretches beyond the Tampa Bay area.

Almost 95 percent of the state is under some level of drought conditions. A year ago, only about 12 percent of the state was under drought or dry conditions.

The last time Florida suffered a major drought was when a La Nina weather system formed in the Pacific Ocean in 1998 immediately after an El Nino, a period of warmer-than-normal water temperatures in the Pacific that typically brings increased rain to Florida.

Before the drought ended in summer 2001, 20,000 wildfires had destroyed 1.46 million acres.

A shift from an El Nino to La Nina appears to be happening now.

But state climatologist David Zierden said he doesn't think Florida is heading for a drought like the one that ended in 2001. He said there are no climatic conditions to thwart the summer thunderstorms that usually douse Florida during summer.

Still even a one-month delay in the summer storms could affect regional water supplies, lower aquifers to dangerous levels and reduce river flows to a trickle.

"We really count on that summer rain to replenish our ground and surface water systems," said Kinsman, the water district manager. "If we don't get it, that will be the tipping point."

Tough Paddling Locally

On the Alafia River, near-normal levels were recorded until recently because more rain fell in its watershed last year than fell in the Hillsborough River watershed.

Now, though, Tampa Bay Water has stopped withdrawing water from the Alafia because river levels had fallen.

On the Hillsborough River, boats are beaching.

"The boating traffic has halted for the most part except for a couple of little john boats," said Frank Chillura, a Temple Terrace city councilman.

The reservoir on the river is approaching critical levels.

"We are about 18 inches lower in the reservoir than we were last year," said Brad Baird, Tampa's Water Department director. "We're going into this dry season in worse shape than we were last year."

Reporter Mike Salinero can be reached at msalinero@tampatrib.com or (813) 259-8303.

Myakka bill shelved

By SARA LUBBES

sara.lubbes@heraldtribune.com
TALLAHASSEE -- Plans designed to provide increased state protection for the Myakka River are off the table, at least for this year.

State Rep. Keith Fitzgerald, D-Sarasota, and Sen. Mike Bennett, R-Bradenton, joined forces this legislative session to push for the entire river, from southeast Manatee County to Charlotte Harbor, to be set aside as a wild and scenic river.

That designation, which allows local governments more control over development along the river's edge, currently only applies to a 34-mile stretch of the river through Sarasota County.

Fitzgerald said Wednesday a bill that would apply the "wild and scenic" protection status to the whole river is on hold until more study can to be done to make sure all of the Myakka will fit into the government's definition of a wild river.

Environmental groups such as Manasota-88 have been lobbying for the change.

Fitzgerald said it's a technical problem that industries that object to the river's protection could have used to defeat Fitzgerald's and Bennett's bills this year.

Once the problem is addressed, the river preservation bill should be back in 2008, he said.

Developers dislike tree-protection rules

Sandra Pedicini
Sentinel Staff Writer

March 29, 2007

Developers and builders are objecting to proposed rules intended to protect trees along scenic roads in Seminole County, saying they would be too restrictive and bureaucratic.

The Seminole County Commission delayed discussion of the rules Tuesday, after staffers asked for more time to make sure they have addressed developers' concerns. Staff has been tweaking the rules since late last year, when the county's planning board unanimously rejected them.

The rules would make it difficult to remove large trees, such as oaks, along parts of 23 roads. They also would increase the size of replacement trees developers are required to plant.

In December, the county's planning and zoning board unanimously recommended denial of the ordinance. Members said the county has plenty of control over trees and predicted landowners would rush to chop down trees before new rules went into effect. Other critics warned of legal challenges from landowners who think the county has violated their property rights.

"The public, as a whole, if they understood this ordinance, would be extremely supportive," said Randy Morris, who pushed for the rules while a Seminole County commissioner. "You want to protect those things that have value."

The rules are meant to restrict government just as much as private-property owners, he said, noting that he pushed for the changes a few years ago after realizing there were plans to clear-cut trees as part of a project to straighten General Hutchinson Parkway.

That work didn't happen, Morris said, and General Hutchinson is now on the list of five "canopy roads" and 20 "candidate roads" that the rules would protect. Left alone, trees along the candidate roads have the potential to create a canopy.

The new rules aim to protect the trees that create that canopy, county staff members said, by making it difficult to remove them except under special circumstances.

Members of the local Development Advisory Board, a group not affiliated with the county that represents the development community, have questioned the rules. Kevin Spolski, a member of the group, wrote a letter warning that the rules would be costly to implement and could present the county with legal liabilities if they blocked removal of dangerous, falling trees.

The county also could face "protracted, expensive legal challenges brought about by property owners whose property rights will be severely impacted," according to the letter. Spolski could not be reached for comment.

Proponents say the rules would allow for flexibility to remove trees that are a danger.

"It just depends on the situation," said Jeff Hopper, a Seminole County planner who has been working on the ordinance. "We're going to have a process where the planning and development director or person she appoints can at times make judgment calls."

The issue is expected back in front of the County Commission on April 10.

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

Flagler Co. asks others to help save 3 live oaks

By BARRY FLYNN
Staff Writer

BUNNELL -- Although they are committed to preserving three ancient live oak trees on one of Flagler County's earliest homesteads, county officials want area cities and towns to kick in for the cost -- which could be more than $1 million.

Commissioners have sent letters to each of the county's other municipalities asking them to contribute to buying property to save the trees from development.

The County Commission has designated $1 million to acquire environmentally sensitive lands, the commission said in its letters to the municipalities. But the current owner is currently asking $1.65 million for the property, the letters state.

"They come to us all the time" for help on preservation projects, Commissioner George Hanns said. "I want to see how they respond."

Hanns, a champion of the preservation effort, said he knows of only one official response. Marineland officials have expressed a willingness to help, he said.

The three live oaks are estimated at 300 to 400 years old and sit on land that belonged to Moody homestead, built in 1916, near State Road 100.

A few officials from other cities have weighed in informally on the request to help save the trees.

The Flagler Beach City Commission took up the county's request last week, with some members in favor, at least in principle, even if check-writing time had not arrived.

"This is a good idea, actually, but I don't know exactly what they're looking for," Commissioner John Feind said.

Commissioner Ron Vath said there were other things the city could do than give cash. He had a suggestion: "We can run an ad and ask people to donate."

Mayor Alice Baker said some local businesses could probably help out. "I think in some way we should help them preserve this," she said.

Others have been less supportive, such as Councilwoman Mary DiStefano of Palm Coast.

"It's nothing against the trees," she said, "but it is my belief the county is responsible for that."

Mayor Stephen Emmet of Beverly Beach was almost as unenthusiastic. "I'm not so sure the county has everything locked in," he said.

He said the town's commissioners would take up the request at their next meeting April 2.

The live oaks are massive trees, each with trunks 6 feet in diameter and canopies more than 100 feet across, according to the county commissioners' letters.

The trees sit on about 3.5 acres between State Road 100 and Briarwood Path, the site of the former Moody homestead. The homestead was built in 1916, according to Diane Marquis, a proponent of saving the property, which she and her husband once owned.

The land is also on the original brick road that predated the nearby state highway, commissioners said.

The three live oaks were the first to be designated historic trees by the county and cannot be cut down without permission of the County Commission.

However, development too close to them, such as paving land over the trees' roots, could be enough to imperil them, said Carl Laundrie, a spokesman for the county.

-- Staff Writers Lauren Sonis and Kenya Woodard contributed to this report.

barry.flynn@news-jrnl.com

Ill Wind At Water's Edge

By CHRISTIAN M. WADE The Tampa Tribune

Published: Mar 29, 2007

PORT RICHEY - Frank Perrott wants to expand his struggling operation at a time when commercial marinas are disappearing from Florida's coastline.

Residents of Sunset Boulevard, meanwhile, are fighting to maintain the suburban lifestyle they say is increasingly threatened by development.

Those competing interests played out Tuesday night when city council members, brushing aside a chorus of opposition and ignoring city staff recommendations, signed off on a rezoning request that will allow Perrott to expand his 40-year-old Sunset Landing Marina.

The rancorous meeting, which spilled over into early Wednesday, was punctuated with claims and denials of shady dealings by council members and allegations the marina was violating city codes.

Residents who oppose the expansion, including former Mayor Eloise Taylor, accused Councilman Dale Massad of being biased in his support for the proposal and demanded he recuse himself.

Massad denied the allegations and refused to stand down.

"It's no secret in this community that I'm pro-waterfront," Massad said. "If I didn't think that I could be objective on this, I would recuse myself."

In the end, the council approved separate rezonings for adjacent properties at 5108 and 5126 Sunset Blvd., a move which, if approved with a second vote, changes the land use from residential to commercial.

Vice Mayor Phyllis Grae voted against both proposals, and Councilman Steve O'Neill voted against the request for 5108 Sunset Blvd.

"I won't go against the recommendations of our staff," Grae said.

Steve Booth, Perrott's lawyer, said he wants to add a new office, commercial boat docks and other waterfront upgrades.

To do that, Perrott needs to rezone both properties from residential to commercial, which conflicts with the city's zoning laws and the recently revised land development code.

"My clients understand the concerns of residents and want to be a good neighbor," Booth said. "They just want to expand the marina."

Several residents spoke in favor of the rezoning, saying the marina's plans are part of a broader effort to preserve the dwindling number of working waterfront marinas in the state.

Other supporters said it's simply an issue of expanding or dying.

"When you have a business and you want to preserve it, you have to make moves," Toni Vosseler said. "Nothing gets done by maintaining the status quo. Status quo is an enemy in the business world."

Expansion Or Stewardship?

The controversy over Sunset Landing's expansion comes as developers are gobbling up waterfront property in favor of building pricey condominiums.

The trend is evident in Pasco County, where recreational boaters and ever-dwindling numbers of commercial fishermen fight for space at public and private docks.

Marinas aren't just places where people tie up boats. They are centers of commerce, where seafood, fuel, bait, tackle and other gear are bought and sold, and they are part of laid-back living at the water's edge.

Booth invoked state legislation aimed at encouraging the protection of Florida's dwindling marinas, arguing Tuesday night that the intent of the law was to promote expansion of older facilities.

Taylor disagreed.

"It's not about expanding marinas but stewardship of our waterways," she said. "This is not a mandate to rubber-stamp requests like this."

The city's planning and zoning board has recommended approving the rezoning for 5108 Sunset Blvd., but it added a special condition that the property then be used only for office space. The board wasn't able to reach consensus on the other request.

Building Official Ed Winch recommended that the council reject both rezoning proposals because they conflict with the development code.

Residents say allowing the marina to expand into a residential area will increase traffic and damage the character of the neighborhood.

"The marina will be doubling in size," said Jim Hoster, who lives on Sunset Boulevard. "We will have extreme congestion in the area."

A petition submitted by the residents opposing the rezoning was rejected by council members, who questioned its authenticity.

Taylor accused the council of denying its citizens due process.

"You don't want to hear what we have to say," she said.

Homeowners Versus Developers

Opposition to the Sunset Landing expansion is part of a larger clash between homeowners and encroaching development in that area.

Last month, Sunset Boulevard residents filed a lawsuit against the city, seeking to stop a proposed subdivision they say was rushed through the approval process with little or no public input. They've asked a Pasco County judge to block plans by a West Palm Beach developer to build seven single-family houses off Limestone Drive. The council approved the project Jan. 9.

The feud between marina owners and residents is not new.

Two years ago, the Perrott family clashed with council members over replacing the marina's docks, which were damaged by a hurricane.

They accused officials, including then-council members Bill Bennett and Jim Priest, both of whom live in the neighborhood, of blocking attempts to expand the marina and replace the docks.

Near the end of Tuesday night's marathon meeting, Taylor warned of potential legal action to block the marina expansion.

"This is going to get decided at a different level," she said.

Reporter Christian M. Wade can be reached at (727) 815-1082 or cwade@tampatrib.com.

Cross Florida Greenway up for 10-year plan

By Cristy Loftis

A plan to address a 93,228-acre strip of land that crosses through Citrus, Levy, Marion and Putnam counties was presented to community members during a public hearing Tuesday evening.

The Marjorie Harris Carr Cross Florida Greenway is slated to receive a 10-year management plan to address growth, protection and expansion. The plan has been on the Florida Department of Environmental Protection Office of Greenways and Trails Web site for about a month, and Tuesday officials heard from citizens.

The Carr Cross Florida Greenway stretches from the Gulf of Mexico to the St. Johns River along a 110-mile path that goes across floodplains, lakes, wetlands, ridges and uplands. The land for the Greenway comes from the Cross Florida Barge Canal project that began in 1935 and was officially abandoned in 1990. The hope of the canal project was to improve shipping from the Gulf to the Atlantic.

Now the land is intended to conserve and protect natural resources and provide recreation opportunities including hiking, bicycling horseback riding and camping.

“The Greenway is an essential component of Florida’s Ecological Greenways network and is also important in statewide hiking, multiuse trails and paddling opportunities,” said Jim Muller, of Muller and Associates working on the behalf of the Office of Greenways and Trails. “It provides a critical linkage in planned north-south ecological corridors.

Muller broke down the management plan priorities into three categories, ranking the 32 items from highest to lowest.

The most critical needs included continuing burning and planting to prevent forest fires, continuing pursuing funding for the control of invasive species, hiring additional staff members and developing and implementing a comprehensive natural community restoration plan.

Other priorities included reviewing existing trails to determine if any need to be closed or realigned for management of natural resources, enhancement of prescribed burning, safety and navigability. Also, they want to develop a policy to address neighbor landowners and their access to the Greenway and establish five new residences for local and state law enforcement for security.

Of the 30 people attending the hearing, only a handful asked questions or gave input. One man wanted to know how Progress Energy’s plans to build a new nuclear plant could impact Greenway access.

Mickey Thomason, Office of Greenways and Trails central region manager, and other DEP staff explained that there have been talks of putting pipes across the Greenway, but plans won’t be definite for years to come and aren’t associated with the 10-year plan.

Others wanted to know what would happen if the Suncoast Parkway is extended through Citrus and Levy counties — a toll way that would inevitably cross the Greenway. The answer is there would be animal access ways under the highway, Thomason said.

A final public hearing on the plan will be from 6:30 to 8:30 p.m. today in Palatka. After that, the Greenway Management Advisory Group will meet to discuss suggestions and concerns from the public and create a final plan.

Helen Koehler, chairwoman of the Levy County Development Council, said she’s used the Greenway Trails for years and is pleased with the progress made in trail identification and preservation of the lands.

“This is a tremendous feat for all users,” Koehler said. “It has been an uphill climb.”

For more information about the draft management plan or how to get to the meeting, call (352) 236-7143.

Scientists working to save endangered plant species

By TONI WHITT

toni.whitt@heraldtribune.com
EVERGLADES NATIONAL PARK -- "It's not good news," comes the shout.

Botanist Bruce Holst quickens his pace.

He closes in on the contraption surrounding the Trichocentrum undulatum -- known to nonbotanists as the mule-ear orchid -- and quickly assesses the spike. His face falls.

It is withered at the top, soft, brown and fallen to the side.

Holst's disappointment doesn't last long. A larger plant nearby is healthy, its 21/2-foot-long spike reaching toward the top of the netting protecting it. It's one of the biggest plants he and another scientist bagged.

Holst, director of plant collections at Marie Selby Botanical Gardens in Sarasota, is working with the Institute for Regional Conservation and Everglades National Park to save species that are dying out and to reintroduce plants in parts of the Everglades where they've disappeared. He is also on the hunt for plants, once abundant in the Everglades that have become extinct in Florida.

While the disappearance of animal species gets more attention, loss of plants is happening rapidly, as well. As many as 20 percent of the world's plant species are in danger of becoming extinct. South Florida, one of the most biologically diverse regions of North America, has lost about 8 percent of its native species because of changes to the ecosystem. Another 244 native species -- about 17 percent -- are critically impaired.

Holst, who worked in nurseries before earning a college degree in botany and joining the Peace Corps, is on a mission to save as many plants as he can. Even if he has to do it one at a time. He calls it "preserving the web of life."

"Botanists are not ready to concede defeat to development," he said. "There are a lot of good opportunities to preserve the environment, not just for people, but for all that exists out there."

The Everglades is host to 162 plants listed by the state as endangered or threatened. Of those 45 are critically impaired. There are another six native plants that are no longer found in the Everglades.

It's not just housing developments and strip malls that are threatening the native plants. Thieves are also taking a heavy toll.

Two orchids and a fern, once found in the Everglades, have disappeared -- largely because plant collectors have pilfered them. Habitat destruction from rising sea levels in the southern part of the park and man-made changes, such as controlling fires and diverting water, contribute to losses.

The trend prompted a group of scientists to form the Institute for Regional Conservation to catalog the rare plants and to save species endemic to South Florida. That group brought Selby, and Holst in particular, into its project to save 12 plants in the Everglades, including the mule-ear orchid. They also have targeted five other orchids and six variety of ferns.

Blond and fit, Holst is an expert in tropical plants. He has been working throughout the western hemisphere for three decades to keep tropical plants from disappearing. In recognition of his work, eight species of tropical plants and one genus have been named for Holst.

Holst spends a few days a month in the Everglades. Since 2003, Holst and others have collected spores from one fern and seed from one mule-ear orchid capsule. They hope to continue the efforts for at least another five years, time enough to cross breed the orchid and to begin placing it in the wild.

It's an important investment, said Keith Bradley, assistant director for the IRC. The disappearance of rare plants is the first sign of trouble in an ecosystem. The biologists are also monitoring the changes to the Everglades and its plant life as the Army Corps of Engineers tries to restore the Everglades and repair the damage it has done.

"When you start to have stresses on an ecosystem, rare species are the first to go," Bradley said.

These plants are particularly important because they tend to be on the northernmost fringes of where they occur naturally. That means these are the plants that tend to evolve to adapt to their habitat. Such evolution helps scientists chronicle the changes in the environment and in plant and animal life.

As for a specific benefit to humans, "any one of these species could be useful in the fight against some disease one day," Bradley said.

Holst and the nine IRC biologists are one part detective, one part adventurer with an eye for the obscure and, in this case, another part inventor.

With a constant eye out for rattlesnakes, the researchers traverse limestone fields with hidden holes large enough to swallow a small child. They climb through dense jungle and cross wide ditches filled with dark, fetid water.

And they want no one to know where they've been. A detailed catalog of tropical plants, their distinct parts, their favorite habitats and their Latin names are kept in their heads. Locations of the rare plants are also kept on their password-protected GPS monitors.

"Collectors want these plants," Holst said. "All of these localities are guarded. We can't advertise them in any way."

The Longgland Orchid has not been reliably seen in Florida's wilds since 1966. It is considered "extirpated," meaning it no longer occurs naturally in the state. Another, the Spider Orchid, was last seen in Big Cypress Swamp nearly 10 years ago before it was stolen. Holst, 49, has applied for a grant to search Big Cypress Swamp after efforts to find it in the Everglades failed. He even tried finding it among a few rare-orchid collectors, with no luck.

This February day Holst and Everglades biologist Jesse Hoffman are focused on the "critically impaired" mule-ear orchid, which has disappeared from Long Pine Key and is fast disappearing all together.

The orchid can be found only in Flamingo Key, a hike away from any roads or public trails. Many of the orchids here are surrounded by poisonous plants, including the deadly manchineel tree. Its sap recently left a scar above Holst's eye.

Back in the remote area, it's not humans that threaten the orchid but an endangered fly endemic only to Florida.

Little is known about the fly, which was only recently discovered in the Everglades. Its benefits aren't clear, and so killing the flies could mean destroying something else in the web of life.

The tiny insect lays its eggs inside the orchid's tender spike soon after it sprouts. The fly larvae tunnel around inside, damaging it. The withered spike can't produce a bloom, so the flowers aren't pollinated and seed capsules don't grow.

Saving the orchid also means saving the fly's habitat.

"The fly depends on it," Holst said. "If the orchid disappears, the fly might disappear and who knows the effect that will have" on the environment.

Once pollinated, it takes nine months for an orchid to produce capsules that contain thousands of seeds. Once the seeds are sown on auger plates in Selby's labs, it takes about four years of care before the tiny plants -- about 2 inches tall -- can be placed in the wild.

Last year Holst was given permission to collect one of two seed capsules found in the Everglades. He is cultivating dozens of mule-ear orchids in his kitchen-cum-laboratory at Selby Gardens. Tiny green dots have begun sprouting, but Holst still needs seeds from another plant for cross breeding to ensure that the new orchids provide diversity of the species and are strong enough to survive in the wild.

Even then, placing the plants in just the right spot to ensure they stick and thrive is a complicated task -- one that might require more inventiveness and perhaps a new netting device that can hold the plant to buttonwood trees.

Still, he holds out hope that the mule-ear orchids hidden deep in the Everglades have blooms on them now and that they are being pollinated.

Sheryl Crow to visit UF on global warming

GAINESVILLE, Fla. (AP) -- Singer Sheryl Crow will visit the University of Florida next month as part of the Stop Global Warming College Tour.

The show will feature a performance by Crow, remarks by climate-change activist Laurie David and clips from the movie "An Inconvenient Truth."

The event is part of an 11-campus tour across the Southeast to bring attention to the issue of global warming. The Gainesville stop is scheduled for April 16.

Crow is a Grammy-award winning performer. David is the founder of stopglobalwarming.org and the wife of Larry David, co-creator of the NBC show "Seinfeld" and star of the HBO show "Curb Your Enthusiasm."

Dedee DeLongpre, director of the UF Office of Sustainability, praised David's commitment.

"What she's doing is great in terms of bringing attention to the issue," she said.

Information from: The Gainesville Sun, http://www.gainesvillesun.com

ATV Race Through Swamp Canceled

By Tom Palmer
The Ledger

POLK CITY - An all-terrain vehicle race set for Saturday through a section of Green Swamp has been canceled after a landowner complained race organizers had cut a path for the race through his property.

The race, billed as "Sweet Hill Thrill," was scheduled to wind through a 320-acre section of an undeveloped subdivision called Groveland Ranch Acres off Sweet Hill Road.

Property owner Ben Selser said he wasn't thrilled that trees and underbrush had been cleared on his property for the race course without his permission.

The small placards nailed to trees along the course and a flier posted on the Internet identify the event's sponsor as a group called Florida Trail Riders, a group whose Web site on Wednesday announced the race's cancellation.

Florida Trail Riders, established in 1973, is a statewide organization of ATV enthusiasts that claims to promote the image of ''responsible motorcyclists'' and ''to establish and maintain good rapport with private land owners, local, state and federal land management agencies."

Selser said the race as planned seemed to contradict the organization's stated ideals.

Florida Trail Riders is one of the groups that has lobbied the County Commission to establish a facility for off-road vehicles somewhere in Polk County.

Dan George, Florida Trail Riders' executive director in DeBary, said the event was actually being put on by an affiliate called Central Florida Quad Riders Association, a group incorporated in 2006.

"I have no personal knowledge of this event,'' George said, explaining Florida Trail Riders' only role is publicizing the events and sanctioning them.

He said it's up to the organization actually putting on the event to work with landowners.

He referred further questions to Mark Hammond of Lakeland, the club's president, who he said had asked to respond to a query placed by The Ledger last week.

Hammond did not return a follow-up call from The Ledger asking for comment.

County Commissioner Randy Wilkinson, who has received political support from ATV enthusiasts because of his work to establish a local ATV park, said before the race was canceled that he thought the whole thing was a misunderstanding.

"I don't think anyone intentionally did anything wrong,'' he said.

Wilkinson said he had been told by race organizers, who paid $5,000 to lease the property, that they had leased it from the land's property owner.

However, a check of county property records reveals the land where the race was to be held is owned by more than 100 people from all over the world.

Commissioner Wilkinson said he sees the event as an argument for a local ATV park.

"It may reinforce the need to set aside land, and how difficult it is to find a totally legal place to ride in Polk County,'' he said.

Marian Ryan, the conservation community's representative on the county's Off-Highway Vehicle Park Advisory Committee, agreed with Wilkinson that some kind of ATV park is needed.

"The sooner the better,'' she said.

"This type of occurrence is the reason I volunteered to serve on the committee - there is so much illegal activity by off-road vehicles in the Green Swamp and the scrub on public and private land.''

Despite the cancellation of the race, Selser said he has reported the damage to wetlands areas to the Florida Department of Environmental Protection, which is investigating.

However, even if the race had occurred, there might not been much Selser could have done about it short of filing a lawsuit.

Although this would seem to many people a clear case of trespassing, legally it's not.

Unless Selser and other property owners post their property against trespassing, the incursions are nothing more than a civil dispute, said Sam Cardinale, spokesman for the State Attorney's Office.

He said unless people are legally warned they are trespassing, there's no way to prosecute.

This kind of unregulated use of other people's private property is common in many of the so-called "land sales" subdivisions created in the late 1960s and early 1970s in the Green Swamp and other rural areas to market Florida real estate to out-of-state and foreign investors.

The only specific issue with which the County Commission has dealt is logging.

Under a 1998 ordinance, anyone logging in any of the 21 land sales subdivisions in the Green Swamp area have to have written permission from the landowner, a certified boundary survey and the property's boundary markers to document they have permission to log on the property.

Tom Palmer can be reached or tom.palmer@theledger.com or at 863-802-7535

Pecora, Guetzloe arrested

Both deny wrongdoing in long corruption probe

Christopher Sherman
Sentinel Staff Writer

March 29, 2007

Political consultant Doug Guetzloe and public-relations executive Ron Pecora were indicted by an Orange County grand jury in separate felony cases Wednesday, the latest targets of a wave of public-corruption investigations set in motion a year ago.

Guetzloe, 52, of Orlando was indicted on two counts of perjury for testimony he gave to the Florida Elections Commission last year. Pecora, 61, of Winter Park was indicted on charges of bribery and giving unlawful compensation by giving theme-park tickets to an expressway-authority official.

They were booked and released from the Orange County Jail on Wednesday evening after posting $10,000 bail each. Neither could be reached for comment late Wednesday, but both had said earlier in the day that they had done nothing wrong and did not expect to be prosecuted.

Orange-Osceola State Attorney Lawson Lamar noted that the charges allege trying to improperly influence an election and a public official and said the grand jury had targeted "the culture of winning at any cost."

The investigations that led to Wednesday's indictments began with scrutiny of a misdemeanor election violation by Guetzloe last March in Winter Park. Lamar's probe has spiraled into a wide-ranging examination of everything from business dealings of the Orlando-Orange County Expressway Authority to payments for alleged behind-the-scene dirty tricks in an election in Volusia County.

The indictments handed up Wednesday are not connected to each other. But Pecora and Guetzloe shared the spotlight last fall when documents from that Winter Park investigation showed that Pecora's public-relations firm Pecora & Blexrud funneled $107,500 from the expressway authority to longtime toll opponent Guetzloe at a time when the authority was trying to build public support for a toll increase.

During the investigation into the expressway authority's spending, Pecora told investigators he gave then-authority Chairman Allan Keen $2,600 in theme-park tickets.

Pecora & Blexrud had handled public relations and marketing for the expressway authority since 1997 until it was fired in October amid a scandal over expressway-authority spending. Pecora & Blexrud had billed the authority more than $8 million during the past nine years.

Lamar said Pecora, by giving the tickets to Keen, had bribed and provided unlawful compensation to the man who had ultimate control over his firm's contract. Keen was not charged.

Both of Wednesday's cases were the work of Lamar's new Government Accountability Unit, composed of prosecutors and agents from the FBI and Florida Department of Law Enforcement.

"You don't get immunity from arrest just because you wear a tie," Lamar said.

Pecora exposed ticket link

The Pecora indictment was surprising because it was Pecora who brought the story of the tickets to the Orlando Sentinel and prosecutors.

Pecora said Keen had requested the tickets last year from Pecora's firm and he felt as if he had to comply.

Receipts provided by Pecora and shared with prosecutors show that he bought the tickets from Kissimmee's Billy Boy's Tickets. Pecora said he had an employee deliver copies of the receipts with the tickets to Keen's real-estate office May 18.

Pecora said Keen's request had come through former expressway-authority marketing and public-relations manager Bryan Douglas, who testified before the grand jury Wednesday.

"I was shocked hearing Ron Pecora's name in the indictment," Douglas said later.

Keen attorney Robert Leventhal said Wednesday that Keen had asked Douglas about getting the tickets for family friends visiting from Costa Rica but never spoke to Pecora. Leventhal confirmed that Pecora sent a receipt with the tickets.

Leventhal said prosecutors will have to answer the question of why Pecora would give the tickets to Keen.

"That's the issue, and the state obviously has a theory that what he was doing was trying to ingratiate himself with Allan Keen," he said.

Asked whether the person who received the tickets also would be charged, Lamar said, "This is a long case."

Guetzloe denied lying

The perjury investigation of Guetzloe centered on a complicated and long-running legal battle over his involvement in a 2003 election in Daytona Beach. The investigation had been public since a judge's order in another case earlier this month. Prosecutors argued in that case that Guetzloe records held by television station WKMG-Channel 6 were needed for the perjury investigation.

In November, Guetzloe pleaded no contest to 14 counts of a misdemeanor elections-law violation for fliers he sent during a Winter Park mayoral election. Guetzloe's 60-day jail sentence in that case was suspended until Guetzloe received treatment for an undisclosed form of cancer and until his appeal is decided.

After Wednesday's indictment, Lamar said Guetzloe lied in sworn testimony to the Florida Elections Commission when he said he paid for mailers and radio advertisements in a 2003 campaign against Daytona Beach City Commission candidate Darlene Yordon. Evidence showed that political consultant Robert Lewis, Seminole County's chief deputy clerk of the court, paid Guetzloe for the work, Lamar said.

Before Wednesday's indictment, Guetzloe said he did not lie in his testimony, and he accused prosecutors of taking his words out of context.

Yordon welcomed news of Guetzloe's indictment.

"Justice is being done," Yordon said. "You get so disgusted with people getting away with things, so it makes you feel good when someone finally got caught and they have to pay the price."

In that election, Guetzloe and Guetzloe Communications Group paid for political advertisements against Yordon as well as two radio ads attacking her.

The Florida Elections Commission ruled that Guetzloe had broken the law by not including disclaimer language on the ads paid for by independent expenditures and for not properly reporting them. The commission fined him $12,000.

An appellate court reversed the commission's order on the disclaimers, upheld it about the improper reporting of expenditures and told it to hold a formal hearing on the issue of whether Guetzloe did so willfully.

It was in preparation for that hearing in Orlando that Guetzloe was deposed by a commission lawyer on Oct. 31, 2006.

The commission lawyer asked Guetzloe questions about his knowledge of elections statutes, as well as his campaign work in Daytona Beach in 2003.

He asked whether Guetzloe formed a political committee in the city and whether his group Ax the Tax paid for the ads. After Guetzloe answered "no" to both, he asked, "Did you use any of your own personal funds?"

Guetzloe answered "yes." But the next question he asked was whether Guetzloe used a check or credit card. There were no more probing questions about where the money may have originated before becoming Guetzloe's.

Later in the deposition, the commission lawyer asked who paid for a specific mailer.

"I would have. Either I or my corporation," Guetzloe answered. Again there was no follow-up.

Before testifying Wednesday, Lewis said he paid Guetzloe about $80,000 between late 2002 and early 2004. About $10,000 to $15,000 of that was paid to Guetzloe for work against Yordon, Lewis said.

Lamar emphasized that the indictments are just accusations and that Guetzloe and Pecora are entitled to jury trials.

He also added that he did not expect investigations by his Government Accountability Unit to finish under even a new grand jury that will work for the next six months.

"This is not the end of our investigation," Lamar said.

Jay Hamburg, Roger Roy and Ludmilla Lelis of the Sentinel staff contributed to this report. Christopher Sherman can be reached at 407-650-6361 or csherman@orlandosentinel.com.

Tensions rise over marina addition

By CAMILLE C. SPENCER
Published March 29, 2007

PORT RICHEY - Armed with thick white binders, photo displays and a petition, the folks on Sunset Boulevard wanted their voices heard.

They handed out copies of the 100-page binder - which detailed reasons why a proposed marina expansion shouldn't be approved - to each member of the City Council on Tuesday night.

But the council refused to read the binder's contents and rejected the residents' petition. Council members said they didn't have time to review the materials during the course of the hearing, which lasted five hours.

Jim Priest, a former City Council member and Sunset Boulevard resident, said the council violated the residents' civil rights.

"They didn't give us the opportunity to speak at all," he said Wednesday. "It was terrible. That was, by far, the worst meeting I have ever seen."

Mayor Mark Abbott said it was unfair for City Council members to be asked to read a binder full of information at the last minute. But the project's opponents said they planned to walk council members through the binder as their presentation unfolded.

"I don't think they (council members) understood what was being given to them," City Attorney James Mathieu said Wednesday. But he said it's up to the council to decide whether to accept or reject information that is offered.

The issue at stake was the rezoning of two homes and a small piece of land that Frank Perrott wanted to convert to use for his business, Sunset Landing Marina. Neighbors said the marina isn't being operated properly and shouldn't be allowed to expand.

After the contentious hearing, where dozens of residents signed up to speak and some volunteered their time to others, the City Council voted 3-2 to allow Perrott to convert a house at 5108 Sunset Blvd. into office space.

Council members Phyllis Grae and Steven O'Neill dissented.

In response to the residents' opposition, Steve Booth, Perrott's attorney, withdrew his client's original request to sell marina goods at the house at 5126 Sunset Blvd.

The City Council then voted 4-1 to allow Perrott to install a floating dock on a small tract near that house.

Grae dissented.

Eloise Taylor, a lawyer who helped put the opponents' binder together, came prepared with legal documents on the issue.

But when she tried to present them to the City Council, Abbott interrupted Taylor - the former mayor - three times and told her to go sit down.

"You are turning this procedure on its head," Taylor said. "This is a circus."

Abbott also interrupted others who asked to speak. Those who attended say the tension between Abbott and Taylor was evident.

"There's such hatred between the two, and that was obvious," said Laurie Simpson, a Sunset Boulevard resident.

During the hearing, Taylor asked that Council member Dale Massad recuse himself from voting. She said that prior to the hearing, he communicated with people in the neighborhood on the marina issue. Massad denied it.

"If I didn't think I could be objective, I would recuse myself," he said as a court reporter quietly typed his comments into the record.

"What's really apparent to me is Ms. Taylor is once again setting up a lawsuit."

Fast Facts:

What's next

Tuesday's vote was the first of two toward approving Sunset Landing