Development proposal stalls over pilot plan

A late amendment could unleash unregulated growth, foes say.

By REBECCA CATALANELLO AND MICHAEL VAN SICKLER
Published May 4, 2007

TALLAHASSEE - Lawmakers and state officials are deadlocked over a proposed pilot program that would significantly curtail the state's oversight of growth plans for Tampa , Pinellas County and other exploding communities around the state.

The impasse on HB 7203 could spell disaster for legislation that until last week included elements that developers, cities, state growth leaders and some environmentalists pretty much agreed upon.

But under an amendment introduced by Sen. Daniel Webster on Wednesday, several urban areas would be relieved from requirements they submit their growth plan changes to the state Department of Community Affairs, the agency charged with regulating growth.

The Florida League of Cities agrees with the change in principle partly because it strengthens local control and could enable municipalities to avoid getting tangled in state bureaucracy.

But the Community Affairs Department, environmental groups and even some bay area planners worry the measure could perpetuate unregulated growth and damaging sprawl.

"It's kind of like a teacher and homework, " said Ray Chiaramonte of Hillsborough County 's Planning Commission. "You'll do a better job if you know the teacher is going to look at it. As planners, we behave more responsibly knowing the state will look at it."

Sen. Ronda Storms, R-Valrico, is trying to remove Tampa from the list of communities in the program.

New Community Affairs Secretary Tom Pelham met on and off with legislators Thursday in an effort to find a pilot program he thought might work better. Pelham wouldn't say whether he would ask the governor to veto the bill if it makes it through the Senate. As originally crafted, it made minor changes to a 2005 law that set up requirements for local government agencies like schools and cities to coordinate expansion plans with the county and with one another.

Pelham favored some of its earlier provisions, including one that changes the law so that developers are responsible only for repairing their environmental impact, not pre-existing problems.

But, Pelham said, "the good things the department came up with are not necessarily enough to outweigh everything that's been added since."

The newly amended and increasingly confusing bill was on the House agenda Thursday, but leaders postponed its discussion until today. It was unclear whether it would make it into discussion before the session ends at 6 p.m. today.

Citizens to require shutters on vulnerable, pricey homes

By JENNIFER LIBERTO
Published May 4, 2007

TALLAHASSEE - Homeowners whose dwellings are insured for $750, 000 or more in Pinellas County and other coastal areas will need hurricane shutters to get insured by Citizens Property Insurance Corp. beginning July 1, 2008.

The Legislature sent to the governor a bill designed to force those in pricey coastal homes to fortify against hurricanes. But the measure was so watered down that its sponsor, Sen. Bill Posey, said he's not satisfied and plans to continue to push for more widespread fortification in coming years.

"No, I'm not satisfied, but it's the best we can do this year, " said Posey, a Rockledge Republican.

The House bill passed the mitigation package by 90-28 Thursday, with Republicans and Democrats in coastal areas opposing it. The governor has indicated he supported the idea.

The mandate for buying shutters affects policyholders who live in homes insured for $750, 000 in the state's wind-borne debris region - west of U.S. 19 in Citrus, Hernando and Pasco counties and all of Pinellas. It also affects those in similarly pricey homes in the wind zone who want to take out a building permit for any activity, such as a home renovation, estimated to cost $50, 000 or more.

Posey's earlier version of the bill, which stalled Monday, had the insured value of a home at $300, 000 and no value limit on building permits.

Tax inaction leaves home sales in limbo

Realtors fear the wait for a special session will stall a struggling real estate market.

By TOM ZUCCO
Published May 4, 2007

Not just city and county governments are worried about what's going to happen next.

As the Florida Legislature spends the next month and a half grappling with the property tax crisis, the real estate industry fidgets on the sidelines, watching sales figures fall and growing more anxious by the minute. Their fear: Florida 's already struggling housing market will sink further with would-be buyers waiting until legislators decide the future of property taxes.

"It's not a perfect storm. More like a perfect calm, " Jim Knetsch, owner of RE/MAX Realty Associates Inc. in Carrollwood, said of the legislative uncertainty.

The Legislature will tackle property taxes in a special session June 12-22, but it could be weeks or months before the full effect of the legislation is known.

The timing couldn't be worse as the real estate market begins its busiest time of the year. Over the past seven years, May and June have been the strongest months for home sales in the Tampa Bay area.

As of last month, a record 30, 000-plus single-family homes were listed for sale in the Tampa Bay area, and for the first time in three years, the median sale price in Pinellas County dipped below $200, 000.

Realtor Nancy Baird doesn't mince words when asked about having to hang on another six weeks or longer. "It's a huge problem because so many people are waiting to see what happens, " Baird, a sales agent for Baird Realty Group in St. Pete Beach, said Thursday. "They're scared they won't be able to take their Save Our Homes cap with them. I have a customer who's selling her condo and renting instead of buying because it's cheaper."

And if losing the cap doesn't stop buyers, Baird said, the sheer amount of the taxes will. Baird recently sold a home in St. Petersburg that had an assessed value of $230, 000. Because the home had been on the market 18 months, it sold for the discounted price of $180, 000.

But the property taxes are $5, 600 a year, and when insurance is added on, the two costs total more than the principal and interest on the loan.

"The buyers had no choice, " Baird explained, "because the house they were living in was sold. Why? Because the taxes and insurance were so high."

Sen. Daniel Webster, R-Winter Garden , said he's doubtful taxpayers would see changes this year.

"Within the tax structure there's not a whole lot of things you could do immediately because of the budget years and the tax rolls that get set, " he said.

Other lawmakers are hopeful taxpayers could get relief as early as this year through a rollback. But solutions, such as allowing homeowners to take their Save Our Homes cap with them when they buy a new house, or doubling the homestead exemption, require statewide approval. That would delay implementation.

Another problem, say those in the industry, is that property taxes aren't the only roadblock.

Nancy Riley, a St. Petersburg Realtor and president of the Florida Association of Realtors, met Thursday with House Speaker Marco Rubio and has been in close contact with Senate President Ken Pruitt and Gov. Charlie Crist. "There are three reasons the market has stopped, " Riley said. "Taxes, insurance and the press.

"The fact the Legislature moved the issue back six weeks probably makes sense so decisions are not made that would have severe ramifications."

Riley said that speculation by investors led to inflated home prices and that Florida 's core market remains strong.

"If it were just one thing, it'd be easy, " said Knetsch of RE/MAX Realty Associates. "But people are waiting not only for more clarity with property taxes, they're also waiting for any impact from insurance law changes, they're looking at interest rates, the problems with sub-prime lenders, and at the national economy."

Knetsch said that if even one was resolved, it could ease much of the uncertainly. "We need something to stir things up in a positive direction."

Times staff writers Jim Thorner and Alex Leary contributed to this report. Tom Zucco can be reached at zucco@sptimes.com or (727) 893-8247.

Legislature passes plan to help wean Florida off fossil fuels

By STEPHEN MAJORS
Associated Press Writer

TALLAHASSEE, Fla. (AP) -- Calling it a landmark for Florida, the Legislature on Thursday sent the governor a comprehensive $62 million plan to help wean the state off imported fossil fuels and inspire industry to produce renewable alternatives.

High gas prices, national security concerns and urgent scientific reports on humanity's effect on global warming pushed Gov. Charlie Crist and state lawmakers this year to begin changing Florida 's lackluster record on energy.

The House and Senate each passed the plan (HB 7123) unanimously Thursday.

Crist is expected to sign the bill, which outlines a plan many other states already follow. Two consumer-oriented facets - a sales-tax break for the purchase of alternative-fuel vehicles and a tax holiday for energy-efficient appliances - didn't make the final product because of budget pressures in a tight fiscal year.

"The only break on the energy rocket was the budget," said Rep. Bob Allen, R-Merritt Island , chairman of the House Energy Committee. "You never want to stop moving forward as a society but the priorities kept cutting into my shopping list."

Renewable energy and environmental groups have largely supported the Legislature's efforts this year, but still said the bill fell short in some areas.

"It would be nice if it had more weight in terms of conservation and promoting solar," said Susie Caplowe, a lobbyist for the Sierra Club. "When are we going to take the really tough steps to really push a solar water heater in each House?"

The bill does have sales tax breaks for the production and distribution of biofuels. It also calls for a greenhouse gas inventory to determine the major pollutants of Florida 's air, and establishes a statewide task force to help implement a coherent energy policy.

"This is a huge step forward for the state of Florida ," said Rep. Rick Kriseman, D-St. Petersburg.

To boost energy conservation, the bill promotes more stringent "green" building codes, particularly for government buildings.

In a move to spur the individual use of renewable technologies, citizens who purchase solar technology for their homes will be able to get a property tax break for the cost and installation of the product. The bill also creates a $20 million cellulosic ethanol demonstration plant, which will be managed by the University of Florida and will use technology from Florida Crystals Corp.

Experts have said Florida - with its sugarcane and citrus waste - is well-positioned to produce cellulosic ethanol, which is more energy-efficient than its largely Midwestern variant, corn ethanol. Ethanol in small amounts can be blended with gasoline and used in all vehicles, while modified vehicles can run on a high blend or full ethanol content.

The bill directs the state Public Service Commission to recommend an appropriate renewable portfolio standard, which is a requirement that power companies produce a certain amount of electricity using renewable fuels. It also calls for a study on implementing a net-metering policy, which gives electricity consumers an incentive to install renewable energy technologies, such as solar, in their homes and businesses. They would then be credited for any excess energy they send out on the grid with their homemade energy production.

At least 20 states already have a renewable portfolio standard, and 35 states have a statewide net-metering policy.

Allen said the House philosophy was to use incentives instead of mandates at first to increase the production of alternative energies. But he said it's likely the Legislature will implement a portfolio standard and a net-metering policy as early as next year after seeing results from the studies.

State Road 50 widening project delayed

By MICHAEL D. BATES
mbates@hernandotoday.com

BROOKSVILLE — Three key road-widening projects slated for Hernando County have either been delayed or postponed indefinitely.

Florida Department of Transportation Spokesman Bob Clifford made the announcement during Thursday’s Hernando County Metropolitan Planning Organization (MPO) meeting.

FDOT trimmed $400 million out of its statewide five-year tentative work program for fiscal year 2007-2008 and 2011-2012.

That resulted in a few “sizeable and significant” work program removals for Hernando County , Clifford said.

The three local projects are:

• State Road 50 from U.S. 19 to west of Mariner Boulevard (deferred from fiscal year 2011 to 2012)

• Interstate 75 from the Pasco-Hernando County Line to S.R. 50 (taken off the five-year plan indefinitely)

• I-75 from S.R. 50 to the Hernando-Sumter County Line (taken off the five-year plan indefinitely)

Clifford said about $100 million was trimmed out of the project list for FDOT’s District 7, which includes Hernando County .

“It could have been much worse, frankly,” County Commissioner David Russell said.

Among other things, the road project delays were necessitated by the reduction in gas tax revenue, increased construction and right-of-way acquisition costs and the downturn in the housing industry, Russell said.

“From what I’ve seen, Hernando County took a light hit,” he said. “There are some huge projects in south Florida that have been deferred indefinitely.”

None of the three projects are so crucial that a one-year delay will make a drastic difference, Russell said.

Other needed projects, such as the widening of County Line Road and Barclay Avenue , are not being affected by FDOT’s deferrals, Russell said.

Escalating gas prices are creating a paradox, Russell said. As more people try to conserve gasoline and buy less gas, there is less tax money for roads.

“That’s a national trend right now, he said.

County Transportation Planning Coordinator Dennis Dix said I-75 is still functioning at an acceptable level of service. However, FDOT removal of the six-laning will still have a long-term effect.

“It’s probably going to impact the rate of development of projects along that corridor,” Dix said.

Because of that, Dix said he doubts the I-75 projects will be “off the plate too long.”

The delay of the S.R. 50 widening is more problematic, he said.

County Transportation Planning Advisor Hugh Pascoe said the state recognizes that the interstate system plays a key role during hurricane evacuations.

These latest project deferrals stress again the importance of finding alternate funding sources for roads, he said.

“We need to look at the whole structure of the way we finance projects (and) how we generate revenue,” Pascoe said.

County Commissioner Rose Rocco said the project deferrals are not a case of Hernando County getting singled out by FDOT.

“This is something they’re doing across the board,” Rocco said.

“We’re just going to have to see how they’re going to allocate the dollars and do the best we can to move forward,” she said.

County Commission Chairman Jeff Stabins said he wasn’t so much concerned with the delay of S.R. 50 from U.S. 19 to Mariner, which is already four-laned.

It is more pivotal that the widening of S.R. 50 be done from Mariner east to the Suncoast Parkway , “where the traffic has just become ridiculous.”

That project is still on FDOT’s five-year plan.

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

State is putting rail line in gear

Transportation officials will buy land along Central Florida 's planned commuter-rail line.

Jay Hamburg
Sentinel Staff Writer

May 4, 2007

The state will take the first concrete step toward building Central Florida 's commuter rail in the next few months when it starts buying land to build station parking lots.

The Florida Department of Transportation announced Wednesday that it has approval to acquire right of way along the 61-mile rail line running from DeLand to Poinciana. The agency got clearance from the Federal Transit Administration for the purchases after studies showed the new rail cars and parking lots wouldn't harm the environment.

"This is a major milestone in the development of a rail alternative for Central Florida commuters," said FDOT District 5 Secretary Noranne Downs. "We now look forward to finalizing negotiations with our local funding partners to make this project a reality."

Before FDOT begins negotiations and legal processes to buy or condemn land, officials first want to shore up contributions to the $600 million project.

Half the cost of constructing the system will be paid with federal money, 25 percent with state funds and 25 percent will come from counties and cities, including Orange, Seminole, Volusia and Osceola, plus Orlando, Winter Park and Maitland. The state has agreed to pay for the first seven years of operation.

The counties and cities still are negotiating with the state over insurance issues and who would pick up costs if one of the partners decides to leave the group. Some of the local partners also are concerned about how to fund their portion of the project. And all of the governments could face cuts if state lawmakers lower property taxes.

FDOT officials want to be sure the money is in place, but they also don't want to wait so long that land speculators drive up prices.

"The land prices will only go up," department spokesman Steve Homan said.

FDOT has estimated right-of-way costs at $35 million to $50 million for about 130 acres at 11 stations. It will involve the relocation of 26 homes and businesses.

Homan said that FDOT expects to reach agreements in about 60 percent of cases without going through an eminent-domain procedure to take the land. The state hopes to have the land deals finished in 2008.

The rail's first leg from DeBary to downtown Orlando is expected to be completed by early 2010. The rest of the system is scheduled to open in 2013.

Right now, engineers are beginning preliminary designs. And the state is negotiating to buy the tracks owned by CSX Transportation, which will be used for commuter rail. But before the state can complete the track purchase, it must finish a separate survey to see if there is environmental contamination along the lines. So far, nothing significant has been found.

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

Today's Letters: Hickory Hill loss sad for residents

Hernando Times

 LETTERS TO THE EDITOR
Published May 4, 2007

How sad. Our Hernando County commissioners had a chance to show how to regulate responsible growth, which could benefit both developers and residents. Instead, they approved a megadevelopment well outside the scope of our comprehensive plan.

Why couldn't Sierra Properties have accepted the number of homes that fit into our current plan? They didn't have to. They asked for the sun, moon and the stars, and the county commissioners handed them over.

The commissioners said over and over how development was going to come anyway. Didn't they realize they held the power to regulate that growth?

There seems to be no chance left for the "little man" trying to preserve our "old Florida" way of life. Hickory Hill's team of high-paid attorneys and lobbyists won. Future generations of Hernando County residents lost.

Nancy Jergins, Brooksville

Watch campaign contributions

I have a few words for the county commissioners in regard to their votes on Hickory Hill:

"Money talks."

To the residents of our community, watch the campaign contributions next election.

Gerald Todoroff, Brooksville

New homes' lack of buyers 'troublesome'

Builders' decreased pace allows inventory to shrink

Jerry W. Jackson
Sentinel Staff Writer

May 4, 2007

Central Florida's new-home inventory fell during the first quarter, as builders continued to cut back on construction amid slowing demand.

But the number of finished-but-vacant homes "remains troublesome," according to a report released Thursday by Metrostudy, a Houston-based research company that tracks housing activity.

The overall new-home inventory in a six-county area surveyed by the company around Orlando fell 25.9 percent to 17,288 units during the first three months of the year compared with the same period a year ago, a positive sign for restoring balance to the market.

But the decrease came in the under-construction category, Metrostudy said. The number of vacant new homes in the region rose 26.3 percent from the first quarter of 2006.

Builders though, were encouraged to see that the finished-but-vacant category, known as "standing inventory," dropped in the first quarter when compared with the final quarter of last year. That's a trend they expect to continue, said Keith Bass, Orlando division president for Ryland Homes.

"We would love to be selling more houses, but the fact that the finished-vacant numbers are moving in the right direction is encouraging," he said. "No one is putting anything new on the ground."

Bass said home buyers who have been signing contracts recently "are showing up and closing" on their purchases, so he expects the total inventory to continue falling during the second quarter -- even the finished-but-vacant inventory.

"We've been successful in selling inventory," Bass said. "Our [own] finished-vacant is way down, just as it is for most of our competitors."

The Metrostudy report showed that housing starts in Orange, Lake, Seminole, Osceola, Volusia and Polk counties fell 46.7 percent during the first quarter compared with a year earlier, when demand was slowing but still strong.

The leading community in the region, ranked by annual new-home starts, was Solivita in Polk (431 units), followed by Avalon Park (Orange, 385.)

The pace at which individuals and families were moving into homes in the region remained fairly strong during the quarter, said Anthony Crocco, director of Metrostudy's Northeast and Central Florida divisions.

The number of what Metrostudy defines as closings -- homes purchased and physically occupied in the subdivisions it surveys -- totaled 6,790, which was 2.8 percent fewer than during the first quarter of 2006.

On an annual basis, closings were down 5.1 percent to 30,408. Units under construction fell 50.7 percent to 7,923.

Crocco said the fact that the region's total housing inventory is declining, year over year, and the slowdown in new-home starts is flattening, signals that "the Orlando area is heading in the direction of a necessary correction in the market. However, the high percentage of finished-vacant inventory remains troublesome."

Crocco noted, though, that the local economy remains strong, with Metro Orlando leading the state in job formation -- a positive sign for the housing market.

Jerry W. Jackson can be reached at jwjackson@orlandosentinel.com or 407-420-5721.

Water board's leader leaving

By Stacey Singer

Palm Beach Post Staff Writer

Friday, May 04, 2007

With a severe drought bearing down on the region, the chairman of the South Florida Water Management District's governing board, Kevin McCarty, said Thursday he's stepping down to make way for a new gubernatorial appointment.

McCarty sent a letter to Gov. Charlie Crist on Monday withdrawing his name for reappointment. Former Gov. Jeb Bush put McCarty on the board in 2003, and he was voted chairman in March 2005.

The district's board constantly weighs the conflicting water demands of development, agriculture, flood control and the environment. As Palm Beach County Commissioner Mary McCarty's husband, a Republican Party stalwart and managing partner of Bear Stearns in Boca Raton, Kevin McCarty tilted the governing board's balance toward the agenda of businesses, observers said.

Mary McCarty said her husband stressed the importance of giving businesses quick answers on whether to expect the environmental and water-use permits they needed.

"He stressed that businesses deserved to have their issues resolved in a timely fashion, whether the answer was yes or no," she said. "I think that is something that has been appreciated."

Kevin McCarty asked his wife to speak on his behalf for this story.

She said her husband received word a week ago that Crist would not be reappointing Bush's appointees, and so on Monday, he withdrew his name.

Replumbing the region's canal system must now be the priority, to sustain both the environment and the urban areas, said Mark Perry, co-chairman of the Everglades Coalition and executive director of the Florida Oceanographic Society. South Florida's canal system was designed 60 years ago specifically to drain the Everglades, so South Florida sends about 1.7 billion gallons of fresh water a day into the ocean, even during the current drought, he said.

"We're dumping as much as we are consuming, and that's just not good water management," Perry said. "We need to reestablish the natural flow, and that's going to require some bold action from the water management district board."

Perry praised Crist's newest appointee to the district's governing board, Shannon A. Estenoz of Plantation, a regional director for the National Parks Conservation Association.

Crist announced Estenoz's appointment April 27. Estenoz, a civil engineer by education, said the Comprehensive Everglades Restoration Plan has been the primary focus of her career.

"It's a huge priority for me, and I hope that I will bring something to the table," Estenoz said.

She is married to Richard Grosso, a land-use lawyer who successfully represented environmental groups opposed to converting the Mecca Farms orange grove into a biotechnology hub for Scripps.

Kevin and Mary McCarty, meanwhile, had been strong supporters of the Mecca Farms biotechnology project. Mary McCarty said it's likely that Thursday's water management district meeting will be her husband's last.

"Whether or not he'll be sitting in the audience or sitting in the chairman's seat remains to be seen," she said.

DeBary adopts water ordinance

By BOB KOSLOW
Staff Writer

DEBARY -- At the DeBary City Council's meeting Wednesday, the council narrowly adopted a water-wise ordinance, with a 3-2 vote, that outlines water conservation efforts, including hours of irrigation based on state water district and county guidelines. It also allows the city's code enforcement officer to enforce the regulations.

Mayor George Coleman opposed the ordinance because there are too many exceptions for the city to water medians and ballfields and the city should feel the same pains as homeowners. Councilman Danny Tillis agreed and voted no. Councilman Jack Lenzen is concerned the ordinance is overbearing homeowners but still voted yes.

"We are going to focus on the blatant violators, the ones watering in the middle of the day with the sun blaring down," City Manager Maryann Courson said.

MIAMI-DADE | AFFORDABLE HOUSING

Condo money came with few strings

Even after a developer told county commissioners that buyers of 'affordable' units at a downtown condo were not screened by income limits, the county gave the project $1 million anyway.

By MICHAEL VASQUEZ AND MATTHEW HAGGMAN

mrvasquez@MiamiHerald.com

In the name of affordable housing, Miami-Dade County leaders steered $1 million in taxpayers' money to a high-rise condo in downtown Miami in 2005 -- well after the developer had acknowledged that it wasn't requiring people who bought the units to meet any income-eligibility limits.

In fact, the lack of such income qualifications kept Miami-Dade from using federal housing funds for the project, as it had promised the developer, the Related Group.

Instead, the county paid $300,000 from its own general fund -- and an additional $700,000 from the Miami-Dade Empowerment Trust, money meant to spur new businesses in struggling neighborhoods.

The Miami Herald reported on Tuesday that $1 million from the city of Miami's Affordable Housing Trust Fund and $300,000 from Miami-Dade County's general fund had gone into the condo, named Loft One. In return, the condo was to offer 102 of its 196 units as lower-priced housing.

Add the Empowerment Trust contribution to that public subsidy and the total public money that went to the project comes to $2 million. Related kept its word to charge lower prices at Loft One, at 234 NE Third St. -- some units started as low as $99,000 pre-construction. But it did not set any income limits for the buyers.

Earlier this week, portions of an unfinished internal city of Miami audit of Loft One's buyers showed that dozens had sold their affordable units within a year of closing, sometimes at markups of 100 percent or higher. The draft audit found only six units that stayed in the same hands for more than a year and claimed a homestead exemption.

The findings suggested the taxpayer subsidies may have benefited investors more than people struggling to buy their first home.

CAUGHT BY `SURPRISE'

Minutes from an August 2005 Miami-Dade County Commission meeting show commissioners were told that relatively well-off buyers weren't necessarily excluded from Loft One. County staffers publicly admitted they had never told the developer to limit buyers' incomes until after the condo sold out -- when it was too late.

Commissioners nevertheless deemed the condo worthy of public subsidies.

''It caught me by surprise that people flipped the units,'' commission Chairman Bruno Barreiro said this week. ``The intention was for workforce housing -- you know, people who are teachers, firefighters.''

County commissioners did set some income and resale restrictions -- though they would have applied only in cases in which a presold deal fell apart and the developer offered the unit for sale again.

''The problem with that is everybody closed,'' Related Senior Vice President Oscar Rodriguez said. ``It never became relevant.''

OUTRAGE

News of condo flipping at Loft One has enraged some local officials and members of the public. City Commissioner Tomás Regalado is calling on Related to return the city's $1 million.

But in a legal fight, the city would have to overcome the fact that Related lived up to its pricing obligation -- the only significant requirement the governments had set.

Craig Studnicky, president of International Sales Group, said that when Loft One launched sales, many in the real estate community thought up to half of the initial buyers were investors.

The project sold out quickly, Studnicky noted. If long-term residents, also known as end-users, were buying, he said, sales would likely have been slower and continued after construction started.

''End-users usually like to kick the tires,'' said Studnicky, who sells condos across South Florida. ``You don't usually see end-users buying until the building is nearing completion, not two or three years in advance.''

The difficulty for many developers is that to meet high presale requirements demanded by lenders, they often must turn to investors. That's because many end-users -- especially those in the middle-class -- don't have the money to put down a 10 to 20 percent deposit and wait years for a unit to be built.

MORE STRINGS

In response to this, some developers marketing to middle-income buyers are now asking lenders to lower the presale requirements and let more condos be sold closer to completion. The city and county have also launched down payment assistance programs to help buyers make a deposit, and both governments now typically attach more strings to money given to developers.

''It's over, as far as Miami-Dade County is concerned,'' County Commissioner Barbara Jordan said of situations like Loft One. ``We've put safeguards in place to prevent that from happening in the future.''

STANDS BY DECISION

Miami Mayor Manny Diaz still stands by the million that City Hall gave Loft One in 2003. Diaz says developers back then were hesitant to build moderately-priced condos downtown. Miami's contribution, he says, got the ball rolling.

''The truth of the matter is this was the first of its kind,'' Diaz said. And if some buyers are now renting out their units as an investment, the mayor said that's OK, too.

''When you buy cheap, then the amount of rent you would charge somebody can be very low,'' he said.

Miami Herald staff writer Charles Rabin contributed to this report.

Builder may face additional counts

By GINNY LAROE

ginny.laroe@heraldtribune.com
NORTH PORT -- Four additional customers of a home building company that abandoned 50 home sites here went to police this week to pursue further criminal charges against the company's top executive.

Joseph Pufta, 62, the former head of now-defunct Avalon Homes, was charged last month with 21 felonies after seven families contacted police saying he took their money and failed to complete the work they paid for.

North Port Police recommended this week that prosecutors charge Pufta with seven additional counts of misapplication of construction funds, North Port Police Detective Lenny Hills said.

"It's all the same," Hills said of the families' stories. Avalon got money from construction loans and failed to pay subcontractors for work, Hills said. Those subcontractors, in turn, abandoned the jobs and placed liens on the houses, he said.

Even though work stopped on the houses months ago, many homeowners are only now contacting police.

"I didn't know it was a crime that you filed with police because it's a builder that just didn't finish your house," said Alisha Buckingham, who finally contacted authorities after work on her two-story home stopped last June.

She contracted with Avalon in 2005 to build a house to accommodate her growing family. Even though work stopped last June, she said that on Aug. 11 the company drew $42,000 from her account.

"I don't care if I'm in labor, I'll be sitting in that court until it's done," Buckingham, now seven months pregnant, said about seeing Pufta held accountable.

While several other local home builders faltered when Southwest Florida's real estate bubble burst last year, Pufta is the only area builder to face criminal charges.

One of Pufta's charges stems from an episode where police say his company cashed a New Jersey woman's $42,180 check, yet 18 months later her lot had not even been cleared.

Pufta turned himself in to the Sarasota County jail last week on the first set of charges, and was freed on $97,000 bond. The Herald-Tribune has not been able to reach him, and it is unclear if he has an attorney.
Delay impact fees, builder suggests

By TERRY WITT

Citing a slowing home construction market, Citrus County builder George Rusaw has pro-posed delaying higher impact fees for six to 12 months.

Rusaw, in an April 30 letter to County Commission Chairman Dennis Damato, said the higher impact fees could worsen the problems of the industry.

He will speak to county commissioners at their meeting Tuesday.

“If we don’t take action it is a certainty that the local economy will continue to deterio-rate, which will prolong the economic recovery,” Rusaw wrote.

Impact fees for a single-family home of less than 2,000 square feet would rise to $9,314 on June 1.

County commissioners adopted lower fees than recommended by their consultant. The consultant recommended a $16,275 fee for a small single family home.

Impact fees are assessed against new residential and non-residential construction to pay for a portion of the cost of growth in the county.

Damato has not made up his mind about Rusaw’s request, he said.

While it is true the home building market has declined since 2005, Damato said he would have to give Rusaw’s letter “some serious thought” due to the magnitude of the request.

“It’s quite a big decision,” he said.

Damato won’t be making the decision alone. Delaying the higher fees would take a major-ity vote of the county commission.

Rusaw attached statistics to his letter showing the housing market statewide has hit a slump. The statistics were taken from an industry publication, “Market Update.”

The statistics show new residential starts in Citrus County declined 29 percent from 2005 to 2006 and the total dollar value of new residential construction declined 26 percent in the same period.

Jim Crosley, director of sales and marketing for Rusaw Homes, said the company has felt the slowdown.

Rusaw Homes marketed 130 sales contracts in 2005, but only 50 in 2006 and just 3 so far this year.

“The market has gone completely south,” he said.

Colony Stone, a subcontractor that handles stuccowork for Rusaw Homes and Citrus Hills, has laid-off 60 employees, Crosley said.

“That’s going to be a big impact on the county,” he added.

He said the flat market was caused by a combination of factors, including the rapid in-crease in the property values, which led to higher property tax bills. He said some people are paying twice as much in taxes as they were three years ago.

Property values were falsely inflated when investors “flipped” property for quick profits in 2005, he said.

Crosley said high property insurance rates and uncertainty about what the Legislature might do about property tax reform have influenced the market.

He said Citrus County is primarily a retiree market. Retirees tend to be price-sensitive, and higher impact fees mean higher home prices.

He said the Florida Homebuilders Association would like to replace property taxation with a higher sales tax. The group supports the proposal to raise the sales tax from 6 cents to 8 1/2 cents on the dollar. The state would get a penny and counties could keep 1 1/2cents.

The builders have also advocated rolling back the property tax rate and property values to 2001 levels and capping impact fees at 5 percent of the contract price, he said.

The Legislature will meet in special session on property tax reform from June 5 to June 15.

Development Services Director Gary Maidhof said single-family home permits have slowed since the building boom of 2005.

But Maidhof also cited a different statistic that he found interesting.

He said more single-family housing permits were issued during the first three months of 2007 than in the first or second quarters of 2006, respectively.

In the first quarter of 2007, the county issued 318 single-family permits compared to 265 in the first quarter of 2006 and 291 in the second quarter of 2006.

Maidhof said the trend in 2005 was for investors to sink money into real estate, which was rising in value, but the reverse is true today. The stock market is hot and investors are moving their money from land to stocks.

“Keep in mind, in 2005, that was an anomaly,” he said.

But he conceded the housing market is down.

“I think it’s starting to recover, but it’s not what it was,” he said.

Damato, a builder, said he has plenty of business, but he builds only three or four homes a year and has always been blessed with plenty of work. He said he is not a volume builder.

He said the national economy, higher interest rates, higher construction supply costs, higher land costs and increased property insurance rates have influenced the sagging home construction market.

Damato said he found it odd that the stock market shot above the 13,000 mark recently as the housing market slowed.

“I’ve lived here for 35 years. It’s very difficult to put a finger on what’s going on in the market,” he said.

Storm model raises doubts

By Randy Diamond

Palm Beach Post Staff Writer

Friday, May 04, 2007

If the U.S. were hit with a catastrophic hurricane, there is a 19.5 percent chance it would strike the West Palm Beach-Boca Raton area.

Also at risk are Jupiter and North Palm Beach (5.1 percent) and the Fort Pierce-St.'Lucie area (1.3 percent).

That's according to the nation's largest hurricane modeling firm, Risk Management Solutions, which released new details of its controversial risk model Thursday at a conference in Palm Beach.

Insurance companies hire Risk Management Solutions and other modeling firms to help determine premium rates. The RMS software looks at where a "one-in-100-year" event is most likely to occur. In any given year the chances of its striking are considered less than 1 percent.

Regulators use the 100-year event, among others, as a benchmark in determining how much insurers can charge in premiums. But Florida regulators have rejected the new model, which RMS first presented to its customers last May.

The conference, held at The Breakers, offered a rare behind-the-scenes look at how insurers set rates. RMS officials, who were hosting hundreds of insurance company executives who use its software, used the forum in part to defend the model. Also present at the conference were state elected officials and regulators.

State regulators have argued the new model strays too far from long-accepted standards for determining risk. Industry software historically has relied on data of weather patterns going back 107 years in forming assumptions. The new software weighs the hurricane patterns of recent years more heavily.

The model places the level of risk faced by Palm Beach and neighboring locales second only to the Miami-Fort Lauderdale area, which has a 33.6 percent chance of being hit, said Peter Nakada, managing director of RMS Consulting, a subsidiary of RMS. The Tampa, St. Petersburg area was third with a 7.8 percent chance.

Not surprisingly, Florida has slightly more than 80 percent of the nation's hurricane risk when it comes to a single catastrophic windstorm.

Insurers, including Citizens Property Insurance Corp., the state-sponsored insurer and the largest property insurance concern in Florida, all rely heavily on modeling. Those predictions of storms are used in deciding other things, including whether to shed policies in Florida's coastal areas.

RMS defines a one-in-100-year event as a storm resulting in a payout by insurers of at least $52 billion. Insurers are estimated to have paid as much as $60 billion for damages caused by Hurricane Katrina, but about $25 billion of that was considered the result of flooding when the levies broke in New Orleans. As a result, the company considers Katrina to have been a one-in-45 to one-in-70-year event.

The 1926 hurricane in Miami is the only one-in-100-year storm in the past century, Nakada said. It flattened much of Miami and cost $100 million in losses. RMS estimates if a similar storm were to hit, the cost of insured losses in today's dollars would be closer to $100 billion.

The new risk factors for Florida revealed by RMS on Thursday are likely to fuel debate about homeowner insurance rates in Florida and the role of firms such as RMS in helping determine those premiums.

Nakada said insurance rates have to be high in Florida, and particularly South Florida, given the potential for huge losses.

"People here are living in a hurricane-prone area where there are a lot of high-value properties,'' Nakada said. "That's a double whammy. You couldn't ask for one thing to generate more hurricane risk.''

Florida Chief Finance Officer Alex Sink, a speaker at the RMS conference, said she understood insurers' concerns about hurricane vulnerability and why they would choose to shed policies.

But Sink urged companies to have compassion for long-time customers, many of whom have paid premiums for decades.

Robert Hunter, the insurance director of the Consumer Federation of America, said he had serious questions about the weather assumptions in the new model. He said insurers loved the new version because it resulted in higher rates of between 20 percent and 40 percent.

Nakada said the company stands by the new software and will continue to fight for its use in Florida. In the meantime, the company is using a prior version of the software in Florida that doesn't include the predictions about the likelihood of catastrophe by area.

Village diverges from 4 cities, backs grove's plan for homes

By Mitra Malek

Palm Beach Post Staff Writer

Friday, May 04, 2007

WELLINGTON — In a swift departure from four other municipalities, Wellington's village council on Thursday backed Callery-Judge Grove's plan to create what amounts to a new town in Palm Beach County's midsection.

The endorsement followed Indian Trail Improvement District's Wednesday vote in favor of the project at a lower unspecified density.

"I really think you have allowed a great injustice tonight," County Commissioner Jess Santamaria told the council.

The special meeting had convened at Santamaria's prompting. He wanted the village to discuss both Callery-Judge's proposal, which he considers far too intense, and a growth blueprint known as the sector plan.

County commissioners two years ago adopted the sector plan to guide growth in the central-western communities, but state planners aren't yet satisfied with it. Callery-Judge wants to build 10,000 homes - about three times what that plan or a new state agricultural enclave law allow.

Grove General Manager Nat Roberts has long been a critic of the sector plan. On Thursday he said that traffic likely would be worse for the village under sector-plan and state-law scenarios than with his project.

The council recommended approval of the grove's project with a lower unspecified density, along with recommendations for an immediate moratorium on further development in the central-western communities.

The vote was 3-1, with Mayor Tom Wenham dissenting and Councilman Carmine Priore absent.

"You allowed a developer to criticize the sector plan without allowing the authors to defend themselves," Santamaria said. "It is not a defective plan."

Wellington staff presented a summary of the sector plan. Santamaria said had he been aware of the meeting's format, he would have asked county planners to instead present it to avoid several inaccuracies that were mentioned.

About a dozen residents attended the meeting, and about half of them spoke against the grove's proposal.

Vice Mayor Bob Margolis said the proposal addresses workforce housing, a plus.

"I have more concerns about what would happen if this development doesn't move forward," Margolis said. "I think you've done your homework on this one."

Callery-Judge has proposed building 10,000 homes and about 4 million square feet of nonresidential office space on 3,900 acres in the midst of The Acreage, which Indian Trail Improvement District represents.

The plan also calls for a small college, a golf course and a hotel.

Loxahatchee Groves, Palm Beach Gardens, Royal Palm Beach and West Palm Beach oppose the project.

Several council members took issue with Santamaria's characterization of their vote as an "injustice," saying final say rests with the county.

They also said that Wellington has previously tried to be proactive in planning for central-western growth by calling for a stakeholder summit, but to little avail.

County commissioners at 9:30 a.m. Monday are scheduled to take a final vote on Callery-Judge's project

Grouper price soars as diners demand real thing

A dwindling supply forces some restaurants to pull the fish. Others are amazed at what customers will pay.

By STEPHEN NOHLGREN
Published May 4, 2007  

From the white linens of a classic Tampa restaurant to the beachside decks of a Pass-a-Grille institution, Florida grouper is getting expensive and hard to find.

Diners, rattled by reports of fake grouper, are asking for the real thing just as Florida's aging grouper fleet struggles through a prolonged drought.

So prices are soaring and restaurants are scrambling to adjust.

Columbia Restaurant, a Tampa Bay area institution for more than a century, announced this week that it had removed grouper from the menu of its seven stores around the state because of inadequate supplies.

On Friday, the Hurricane restaurant on Pass-a-Grille temporarily stopped serving the grouper sandwich that made it famous.

Grouper fillets that wholesaled for $7 last year now run $10, Hurricane manager Rick Falkenstein said Thursday.

"It is so high I don't want residents thinking I'm ripping them off," Falkenstein said. "I will never pay that price for what they were asking."

Hurricane's "fresh catch" now is either mahi mahi, snapper or tilapia.

The Gulf of Mexico's grouper catch is often cyclical and maddening.

"We had the same problem five or six years ago," said Mark Twinam, owner of TW Wholesale, a Madeira Beach fish house. "Then we had a storm come through in the fall and grouper came out of the woodwork and the price dropped like a rock.

"But I don't remember it being this slow in a long time."

Many restaurants relied on frozen imports to fill the gap. They can cost half the price of fresh domestic grouper, said Gibby Migliano, manager of Save on Seafood, a major St. Petersburg wholesaler and distributor.

Now, restaurant demand for fresh grouper "has spiked 15 to 20 percent," he said.

The cause: worries over fake grouper, Migliano said.

Last year, the St. Petersburg Times tested "grouper" dinners and sandwiches from 11 restaurants and found that six were other types of fish. The Florida attorney general's office investigated, with similar results.

Five restaurants paid $2,500 fines and 12 others are under investigation for possible civil sanctions.

The revelations and sanctions "have successfully scared every restaurant operator in the state of Florida," Migliano said. "We have seen the restaurant business pick up tremendously."

Fourth Street Shrimp Store in St. Petersburg was caught in the attorney general's net. The restaurant paid for imported grouper and the supplier, Sysco Foods West Coast Florida, tested grouper samples from the importer.

Still, the restaurant failed the attorney general's grouper test, much to its embarrassment, said manager Brian Connell.

"After 20 years in business, to have something like this happening to us, there is no worse thing," Connell said.

The Shrimp Store still offers a lunch fillet for $7.99 but it's tilapia or cod, not imported grouper.

It's also selling a red grouper sandwich for $12.99. Connell knows it is genuine because the restaurant buys it whole and cuts the fillets.

"It actually shocked me. At $12.99, it is approaching our No. 1 sandwich," he said. "People want grouper."

While demand spikes, the supply shrinks.

No one knows for sure why the grouper catch is off. In 2006, federal regulators limited commercial trips to 6,000 pounds to protect red grouper. That hamstrung some heavy producers, but does not account for the dwindling supply.

Boats that supply Save On Seafood routinely brought in 4,000 to 5,000 pounds a trip and now sometimes return with less than 2,000, Migliano said.

Ed Small, who fished grouper for 27 years, is rerigging his boat for porgies, a small, less desirable species in the snapper family.

Last year, Small said, he caught about 1,200 pounds of grouper a day in January and February; that dropped to 375 this year.

In one odd wrinkle of fishery management, a new regulation that targets red snapper fishing in Louisiana and Texas may be keeping grouper off restaurant tables in Florida.

For the first time this year, commercial fishermen were assigned individual red snapper quotas, most of which went to eastern gulf snapper fishermen.

Assured they can catch their snapper any time they want, eastern fishermen reportedly spent the early months of 2007 targeting yellowedge grouper, a deep-water species limited by a general, gulf-wide quota.

Grouper fishermen out of Madeira Beach, worried that the eastern snapper fleet would quickly fill the yellowedge quota, headed to deeper water to capture their traditional share, said Madeira Beach boat owner Dean Pruitt.

Yellowedge traditionally are shipped to Canada, where diners have a taste for it. Florida restaurants mainly serve red grouper, which lives in shallow water.

Through February, deep-water grouper landings ran 5 percent ahead of last year, while shallow-water red grouper landings had dropped almost 50 percent.

Whatever the reason, the Hurricane's Falkenstein has a message about the red grouper that built his restaurant's reputation.

"Let's just hope the fishermen find some more fish. It's a nice fish. Fishermen, hurry up."

Times staff writer Melanie Ave contributed to this report.

Red grouper at Save on Seafood, St. Petersburg

6-oz. fried grouper sandwich, the Colonnade, Tampa

8-oz. black grouper sandwich, Dockside Dave's, Madeira Beach

$14.29 a pound today

$10.99 today

$10.95 today

$10.99 a year ago

$8.99 a year ago

$9.45 a year ago

5-oz. red grouper with side, Harvey's 4th Street Grill, St. Petersburg

Red grouper sandwich, Fourth Street Shrimp Store, St. Petersburg

Red grouper, Madeira Beach Seafood fish house

$10.95 today

$12.99 today (fresh caught)

Fishermen get $3.30/lb. today

$9.95 a year ago

$6.99 a year ago (imported)

They got $2.30/lb. a year ago

Fast Facts:

How can you tell if it's really grouper?
Fresh grouper from the Gulf of Mexico is white, mild tasting and tends to share certain characteristics.

Size: Fillets tend to be 1 to 2 inches thick, though those cut from the tail can be thinner.

Flake: Most grouper flakes apart in big chunks.

Price: Right now, an 8-ounce sandwich will cost about $10 to $13. Smaller fillets can cost less.

Bottom line: Imported grouper can closely resemble Florida grouper. But it can also be thin and inexpensive and taste considerably different. Without a protein or DNA test, it is difficult to distinguish whether or not a given cooked fish is a grouper.

Mysterious Killer of Honeybees Could Threaten the Things We Eat

By SETH BORENSTEIN
The Associated Press

BELTSVILLE, Md.
Unless someone or something stops it soon, the mysterious killer that is wiping out many of the nation's honeybees could have a devastating effect on America's dinner plate, perhaps even reducing us to a glorified bread-and-water diet. Honeybees don't just make honey; they pollinate more than 90 of the tastiest flowering crops we have. Among them: apples, nuts, avocados, soybeans, asparagus, broccoli, celery, squash and cucumbers. And lots of the really sweet and tart stuff, too, including citrus fruit, peaches, kiwi, cherries, blueberries, cranberries, strawberries, cantaloupe and other melons.

In fact, about one-third of the human diet comes from insect-pollinated plants, and the honeybee is responsible for 80 percent of that pollination, according to the U.S. Department of Agriculture.

Even cattle, which feed on alfalfa, depend on bees. So if the collapse worsens, we could end up being "stuck with grains and water," said Kevin Hackett, the national program leader for USDA's bee and pollination program.

"This is the biggest general threat to our food supply," Hackett said.

While not all scientists foresee a food crisis, noting that large-scale bee die-offs have happened before, this one seems particularly baffling and alarming.

U.S. beekeepers in the past few months have lost one-quarter of their colonies - or about five times the normal winter losses - because of what scientists have dubbed Colony Collapse Disorder. The problem started in November and seems to have spread to 27 states, with similar collapses reported in Brazil , Canada and parts of Europe .

Scientists are struggling to figure out what is killing the honeybees, and early results of a key study this week point to some kind of disease or parasite.

Even before this disorder struck, America 's honeybees were in trouble. Their numbers were steadily shrinking, because their genes do not equip them to fight poisons and disease very well, and because their gregarious nature exposes them to ailments that afflict thousands of their close cousins.

"Quite frankly, the question is whether the bees can weather this perfect storm," Hackett said. "Do they have the resilience to bounce back? We'll know probably by the end of the summer."

Experts from Brazil and Europe have joined in the detective work at USDA's bee lab in suburban Washington . In recent weeks, Hackett briefed Vice President Cheney's office on the problem. Congress has held hearings on the matter.

"This crisis threatens to wipe out production of crops dependent on bees for pollination," Agriculture Secretary Mike Johanns said in a statement.


A congressional study said honeybees add about $15 billion per year in value to our food supply.

Of the 17,000 species of bees that scientists know about, "honeybees are, for many reasons, the pollinator of choice for most North American crops," a National Academy of Sciences study said last year. They pollinate many types of plants, repeatedly visit the same plant, and recruit other honeybees to visit, too.

Pulitzer Prize-winning insect biologist E.O. Wilson of Harvard said the honeybee is nature's "workhorse - and we took it for granted."

"We've hung our own future on a thread," Wilson, author of the book "The Creation: An Appeal to Save Life on Earth," told The Associated Press on Monday.

Beginning this past fall, beekeepers would open up their hives and find no workers, just newborn bees and the queen. Unlike past bee die-offs, in which dead bees would be found near the hive, this time they just disappeared. The die-off takes just one to three weeks.

USDA's top bee scientist, Jeff Pettis, who is coordinating the detective work on this die-off, has more suspected causes than time, people and money to look into them.

The top suspects are a parasite, an unknown virus, some kind of bacteria, pesticides, or a one-two combination of the top four, with one weakening the honeybee and the second killing it.

A quick experiment with some of the devastated hives makes pesticides seem less likely. In the recent experiment, Pettis and colleagues irradiated some hard-hit hives and reintroduced new bee colonies. More bees thrived in the irradiated hives than in the non-irradiated ones, pointing toward some kind of disease or parasite that was killed by radiation.

The parasite hypothesis has history and some new findings to give it a boost: A mite practically wiped out the wild honeybee in the U.S. in the 1990s. And another new one-celled parasitic fungus was found last week in a tiny sample of dead bees by University of California San Francisco molecular biologist Joe DeRisi, who isolated the human SARS virus.

However, Pettis and others said while the parasite Nosema ceranae may be a factor, it cannot be the sole cause. The fungus has been seen before, sometimes in colonies that were healthy.

Recently, scientists have begun to wonder whether mankind is too dependent on honeybees. The scientific warning signs came in two reports last October.

First, the National Academy of Sciences said pollinators, especially America 's honeybee, were under threat of collapse because of a variety of factors. Captive colonies in the United States shrank from 5.9 million in 1947 to 2.4 million in 2005.

Then, scientists finished mapping the honeybee genome and found that the insect did not have the normal complement of genes that take poisons out of their systems or many immune-disease-fighting genes. A fruit fly or a mosquito has twice the number of genes to fight toxins, University of Illinois entomologist May Berenbaum.

What the genome mapping revealed was "that honeybees may be peculiarly vulnerable to disease and toxins," Berenbaum said.

University of Montana bee expert Jerry Bromenshenk has surveyed more than 500 beekeepers and found that 38 percent of them had losses of 75 percent or more. A few weeks back, Bromenshenk was visiting California beekeepers and saw a hive that was thriving. Two days later, it had completely collapsed.

Yet Bromenshenk said, "I'm not ready to panic yet." He said he doesn't think a food crisis is looming.

Even though experts this year gave what's happening a new name and think this is a new type of die-off, it may have happened before.

Bromenshenk said cited die-offs in the 1960s and 1970s that sound somewhat the same. There were reports of something like this in the United States in spots in 2004, Pettis said. And Germany had something similar in 2004, said Peter Neumann, co-chairman of a 17-country European research group studying the problem.

"The problem is that everyone wants a simple answer," Pettis said. "And it may not be a simple answer."

Bees vanish here, worldwide
Disappearing insects threaten Lake, Sumter honey production, agriculture

David Donald
Staff Writer

Honeybees in Lake and Sumter counties - and around the world - are mysteriously disappearing and no one knows why.

Some scientists are concerned that the vanishing bees pose a major threat to the food supply since the insects are responsible for pollinating many crops. "We'd be pretty hungry without them," said Sumter County Extension Office horticulturalist Gary England.

Billions of the insects have gone missing.

Lake County is a major producer of honey. Locally, the disappearances are having a devastating impact on honey producer Bill Rhodes, owner of Bill Rhodes Honey Company in Umatilla. He said half of his business has been lost over the last two years.

"We couldn't quite figure out what was happening," said Rhodes . " It's a hell of an expense."

Beekeepers have noticed the dwindling bee populations for several months. Rhodes said he began to note them following his company's decision to ship hives to California and South Dakota where they would help to pollinate crops, such as sunflowers. Such shipments of bees around the county for agricultural purposes are common in the apiary industry.

At their destinations, the bees were released to pollinate the crops. Some did not return to the hive and Rhodes took a financial hit. From a shipment of 5,500 bees, Rhodes said more than 4,000 vanished.

Science has offered many theories about the disappearances, including radiation from cellphones, pesticides, microbial mites or other environmental factors.

Rhodes has his own ideas.

He said he began to think about what was happening to his bees. He talked to other keepers and discovered they were encountering the similar losses. He began to piece together his own theory. Although he's not sure, he thinks a particular agricultural pesticide is responsible.

He said growers use the chemical to coat seed before planting. He said the pesticide was originally developed as a deterrent against termites. It caused them to become disoriented and die before finding their way back to the colony. Rhodes thinks the same thing might be happening to bees if they retrieve nectar from plants which might have been grown with the pesticide.

"The bees can't find their way back to the hive," said Rhodes . "What I saw what happening to my bees is a little scary."

France has suspended use of the pesticide because of the concern about bees.

According to the Department of Agriculture's Census data on colonies of bees and honey, In 2002, Lake County had 44 farms, trailing Polk County which had 59. However, Lake County farms produced 13 percent of the state's honey - more than any other county.

Beekeeper hobbyist George Williams, owner of Persimmon Lane Nursery in Howie-in-the-Hills, said he hasn't been affected by the sudden disappearances but has been following recent reports closely.

"It hasn't affected anybody that I know of here in Lake County ," said Williams. "It's a catastrophic thing for the big guys." He's concerned that the bees' immune systems are failing, but doesn't know why.

Sumter County Extension Office horticulturist England said the bees may carry a parasitic mite that suppresses their immune systems. Without bees, he said crops which human beings depend on would fail to produce. "For some plants there is a requirement for insects to spread the pollen," he said. "A lot of crops depend on bees."


'Largest' Gopher Tortoise DiesFrom Injuries

A gopher tortoise described as the largest on record died from injuries suffered at a construction site, the Humane Society of the United States said Wednesday.

The creature's shell measured 16.41 inches long, more than an inch longer than the previous largest specimen on record, and it weighed more than 31 pounds. It was thought to be between 50 and 100 years old. The tortoise was recently crushed by construction equipment in Fort Myers and buried in March, the Humane Society reported.

Several days later, someone saw it emerge from the ground. It was treated and lived for about a month before dying Saturday, said Amanda Ebenhack, the Okeechobee wildlife rehabilitator who cared for it.

Gopher tortoises average 9 inches to 11 inches, according to the Florida Fish and Wildlife Conservation Commission. It is a species of special concern, and it is illegal to take, possess, transport, or sell gopher tortoises or their eggs unless authorized by the wildlife commission.

However, companies can seek permits from the wildlife commission to kill gopher tortoises incidentally during construction as long as the company establishes and maintains an alternative tortoise habitat.


Bill cuts state's role in planning

By REBECCA CATALANELLO
Published May 3, 2007

TALLAHASSEE - State oversight of Florida 's fastest-growing communities - including Tampa and St. Petersburg - could be seriously curtailed if lawmakers agree to a pilot program proposed Wednesday.

Under a provision added to HB 7203, Pinellas and Broward counties, the municipalities in those counties and Jacksonville , Miami , Tampa , and Hialeah would be a part of a pilot that would significantly limit the ability of the Department of Community Affairs to oversee their growth management plans.

Sen. Daniel Webster, R-Winter Garden , billed the measure as a way to free overburdened community planners from the bureaucracy of state review.

But environmental groups worry loosening control could leave cities and counties with damaging, unwieldy growth.

"The many issues that people are complaining about today - overcrowded schools, overcrowded roads - most of those are the result of very bad planning and development decisions made by local governments ... before you had legislation that brought a state oversight role, " said Charles Pattison, head of 1000 Friends of Florida.

"Our biggest concern is the pilot will be dysfunctional, " DCA Secretary Tom Pelham said. The bill does a poor job of defining the agency's even limited role, he said.

Webster's amendment would make the pilot mandatory for three years for all named governments unless they specifically opt out by a super-majority vote of their councils or commissions.

If the Senate signs off on the measure, the bill would go back to the House for a final vote.

Springhill Pines decision put on hold after residents call development 'out of character'
By Erin Ehrlich
For The Herald

HIGH SPRINGS -- The fate of a 23-home development on 11 acres was put on hold by the High Springs City Commission after residents complained that the number of homes was out of character for the area.

The development, called Springhill Pines, is proposed to be built between Tillman Acres and Pinecrest. But the developer, a company called Prime Real Estate, was asked to come back to the city commission May 24 with a plan that shows a neighborhood more in line with the neighborhoods around it.

Some residents of Tillman Acres -- High Springs' largest development with 800 planned homes -- and Pinecrest attended the commission meeting and argued that the density of the development would be an eyesore, and most of them said the city should require a barrier around the lot to diminish any “clutter.” Christine Bareswilt, a Pinecrest resident, said she bought her property for the tranquility and privacy of the location and said she was concerned that the houses being built in her backyard would ruin that.

Many residents agreed that if the lots were bigger – they are planned to be one-fourth of an acre – then the development wouldn’t seem so busy.

The attorney speaking on behalf of Prime Real Estate, Gary Grunder, said he realizes the desire for bigger lots but because the zoning of the development requires water, a sewer system, sidewalks and possibly streetlights, there can’t be too much of an increase in lot size with the limited space.

Another argument some residents posed was a concern of an overcrowded city. One resident said everybody who loves High Springs moves there for the peaceful atmosphere but said the city is starting to get overcrowded because of all the new construction and relocating of people from around the state.

Grunder compared the development to a diamond. He said a one-half carat flawless diamond is worth much more than a one-carat flawed diamond, referring to the sizes of the lots and how the only way that city ordinances would be met was to make the lot sizes smaller.

“It makes neighbors unhappy, but it’s necessary with the city ordinances,” Grunder said.

Commissioner Kirk Eppenstein said he is fearful of High Springs turning into a city like Ft. Lauderdale or Gainesville with such a booming population. He also said the government has a responsibility to preserve the character of a community.

Mayor Pro-Tem Larry Travis agreed with Eppenstein and said, “This subdivision is clearly out of character.”

Eppenstein and Travis voted to deny issuing a conditional use permit, but Commissioners James Gabriel and Byran Williams, as well as Mayor Tom DePeter, voted against denying the issue, and then voted to delay a decision on the matter until the meeting in May.

Grunder and Prime Real Estate are being asked to redesign the development and come up with a new idea that might not be so controversial for residents in neighboring areas.

House OKs Transit Authority; Next Step Is Crist's Signature

By JOSH POLTILOVE and RICH SHOPES The Tampa Tribune

Published: May 3, 2007

TALLAHASSEE - A plan to create a regional mass transit authority in the Tampa Bay area is on its way to the governor.

The bill, approved by the House and Senate, forms the Tampa Bay Area Regional Transportation Authority.

Plans for the authority, which would represent seven counties - Citrus, Hernando, Hillsborough, Manatee, Pasco , Pinellas and Sarasota - could include light rail, an express bus system and new toll roads.

"It's a tremendous victory in the Tampa Bay area," said Sen. Mike Fasano, R-New Port Richey, who made the bill his top priority this legislative session. "It'll have a huge impact in addressing our transportation needs."

The House approved the bill by a 117-0 vote Wednesday, and the Senate approved it last week. The proposal awaits Gov. Charlie Crist's signature.

Rep. Bill Galvano, R-Bradenton, said the authority gives the seven counties the ability to build - not just plan - projects and transit systems on a regional scale and seek federal and state dollars.

The authority cannot levy taxes, but it can acquire property through eminent domain and sell revenue bonds to pay for toll roads. It can create and operate a mass transit system, establish a fare structure, and enter into partnerships with private companies to create transit hubs and park-and-ride facilities.

Galvano said the authority might start work by the end of the year; it has until July 2009 to develop a master transportation plan. Its 16-member board must meet within 60 days of the legislation's approval by the governor.

While developing the plan, the authority must hold public hearings in the seven counties.

Funding remains the big question. Some money might come from the state Department of Transportation, the federal government and public-private partnerships. The bill also creates a mechanism for selling revenue bonds to build toll roads.

To get it started, the state will provide $1 million this year to pay for office space and staff members, including an executive director, planners, engineers and lawyers.

Legislation Results From Hard Work

The legislation's passage culminates a yearlong push by Galvano and a three-year effort by the Tampa Bay Partnership, an economic development group, to address regional transportation needs.

"We've become, unfortunately, addicted to roadways, and it's ruining our quality of life," Galvano said. "We're backed up on our roadways, and we're choking on plans."

By not having a regional transit system, growth has been hampered and some businesses have been discouraged from moving to the Bay area, said Joe Smith, chairman of the partnership's transportation committee.

"We're the last urban center in the U.S. that doesn't have a transit system. We have people who can't get to work because they can't afford $10,000 a year for the cost of a vehicle," Smith said. "This was a significant step today, but it's really the first step in a much larger process."

The partnership teamed up with Galvano 15 months ago. Scores of transportation plans have emerged over the years.

Hillsborough Area Regional Transit proposed a $900 million light-rail system, but that was shelved four years ago. Likewise, a $1.5 billion monorail for Pinellas County died last year.

The problem, Smith said, is that the Bay area doesn't have an agency with enough clout to carry out large-scale transit plans. It also lacks the muscle to supersede local jurisdictional squabbles.

The authority was created to overcome both of those hurdles, he said.

Iorio Stresses Need For Mass Transit

Tampa Mayor Pam Iorio is hoping one aim of the authority is to create a rail system for Tampa and Hillsborough, Pinellas and Pasco counties.

"At this point, the needs of Manatee and Pasco might be vastly different than the needs of Pinellas and Hillsborough. But because of this regional authority, we will be able to take a large, long-term approach and bring everybody to the table.

"The population in some cities might not be at the level where they need mass transit now, but it will be at that level someday," Iorio said.

The authority will have 15 voting members, including the mayors or designees of St. Petersburg , Tampa , Sarasota and Bradenton , and commissioners from Hillsborough, Pasco , Pinellas, Citrus, Hernando, Manatee and Sarasota counties. An additional four members will be appointed by the governor.

A 16-member citizen advisory committee, which does not have voting rights, also will be formed.

Reporter Josh Poltilove can be reached at (850) 222-8382 or jpoltilove@tampatrib.com. Reporter Rich Shopes can be reached at (813) 259-7633 or rshopes@tampatrib.com.

Azzouz project goes to hearing

The Windermere Town Council will receive the embattled Main Street Shoppes plan Tuesday.

Rich Mckay
Sentinel Staff Writer

May 3, 2007

WINDERMERE -- The retail and office project that has been a source of controversy is scheduled for review by Windermere residents and the Town Council at 6 p.m. Tuesday.

At the first of two public hearings at Town Hall, 614 Main St., developer Kevin Azzouz and his associates at Veranda Partners will present their town-square project Main Street Shoppes, which is poised to reshape downtown. The Town Council won't vote on the project until at least June.

The long-delayed project has been in the works for about five years, pitting a powerful developer against an anti-growth crowd that wants to preserve Windermere's dirt roads and Old Florida feel.

The 50,000-square-foot project proposes to bring restaurants, shops, coffeehouses and offices, as well as public space for residents to sit and enjoy downtown.

But the sheer size of it, plus the fact that it would require a sewer system to be connected to downtown, has irritated the project's foes. They fear it will bring more traffic and development.

A public meeting about a year ago erupted into an unruly debate.

The mayor interrupted the developer, calling him a "crybaby" and later repeatedly interrupted him during a 5 1/2-hour meeting.

Since then, Azzouz, who had faced personal attacks on his character as well as vandalism of his home, has been making overtures to the town. Recently, at his expense, he published and distributed to every home a coffee-table book on Windermere's history written by a former mayor and the town's historian, the late Carl Patterson Jr.

But Azzouz, who typically brings lawyers and a videographer to tape Town Council meetings, said recently he has no intention of backing down.

David Pendergraft, a vice president for project development for Veranda Partners, said: "Our desire is to keep things as low-key as possible, listen to the public and answer any questions as best we can."

Resident Karen Fay, who has stated publicly that she does not trust developers, said there has been at least some change among most residents since last year's meeting.

"I do believe that they have come to a realization that there will be a development in downtown Windermere," she said. "But I can't, in my heart of hearts, believe that it will be readily accepted."

Azzouz has made concessions to the town, including voluntarily delaying the project for two years so the council could come up with new development guidelines, as well as whittling it down from the original 70,000 square feet.

Early estimates put the project cost at $50 million, but Pendergraft said there is no current dollar amount that the company will release.

Mayor Gary Bruhn said he was unsure how much of a crowd to expect or how long the meeting will be. He moved the meeting time up an hour to 6 p.m. in case it runs long.

Rich McKay can be reached at rmckay@orlandosentinel.com or 407-420-5470.


Drought cuts into region's reserves

Water levels are so low that recovery could take at least three years.

By KATE SPINNER

kate.spinner@heraldtribune.com
Get used to stinky water, brown grass and continuing watering restrictions.

The ongoing drought has so depleted Southwest Florida reservoirs that those reserves may take at least three years of rainfall to replenish. And adding to the region's woes is that a major water treatment plant expansion is years away from completion.

Regional water suppliers predict they will have only 1.7 billion gallons of drinking water in storage going into next year's dry season -- just a three-months' supply.

That prediction, based on average summer rainfall, falls 1 billion gallons short of the amount suppliers had in storage in October 2006, when drought conditions started to set in.

"This is a cycle we're looking at for the next two to three dry seasons," said Mike Coates, who manages the drinking water supply for the Peace River/Manasota Water Supply Authority, one of the region's largest water utilities.

The authority -- a key player in managing and distributing drinking water for Charlotte, Sarasota, DeSoto and Manatee counties -- draws its water from the Peace River, which often flows too low to tap in the dry season.

The only saving grace for the next two to three years would be long rainy seasons that keep the Peace River flowing high enough for water suppliers to tap 10 months out of the year.

To combat the predicted shortage, Coates said, the authority plans to reduce the amount of water it provides to Sarasota County by 2 million gallons per day. Sarasota , in turn, will draw that amount of water from its Carlton Wellfield.

Coates' dire predictions for later this year include that 2 million gallons of relief.

Meanwhile, water users in Charlotte County , where 95 percent of drinking water comes from the Peace River , are dealing with smelly, less-tasty water.

Water in the storage wells absorb minerals that are harmless, but unsavory. More minerals seep in as the wells become more shallow.

In times of plentiful rain, water authority customers receive better-tasting surface water and the authority can start to restore its reserves.

When summer rains swell the river between June and September, the authority begins to draw up to 42 million gallons per day until its 625-million gallon reservoir is full.

The plant can then treat up to 22 million gallons of water a day. During the wet season, water demand averages about 14 million gallons a day, leaving the remainder for storage in underground wells.

A $130 million project to expand reservoir and treatment capacity at the water plant will more than double storage and help alleviate shortages in the future. But expansion will not be complete until 2009.

Storage capacity at the plant now tops out at about 4 billion gallons, enough to ordinarily get current customers through the dry months.

But pumping limitations and low flows in the Peace River prevented the plant from drawing enough water to fill its wells and reservoirs last year.

Early this year, the authority received permission from state water regulators to pump water from the Peace at lower flows, but that still did not replenish supply.

The authority had to cease drawing water from the river on April 22.

Water demands, which rose to 17.2 million gallons per day in April, further depleted the reserves. Demand is predicted to increase again this month.

By the end of April, the plant had only 1.2 billion gallons of water in storage – 2.2 billion gallons less than it did this time last year.

By mid-June, storage will be down to a 14-day supply of 250 million gallons.

Adam Cummings, a Charlotte County commissioner who sits on the authority's board of directors, said the water crunch shows the plant is operating below capacity.

The plant is supposed to be able to provide 18 million gallons of water a day, even in drought years. It is only producing 16 million gallons a day, Cummings said.

He said the utility faced the same sort of crisis situation before it started work on its most recent upgrade, which was finished in 2003.

"We paid for a product and now for the second time it appears we may not be getting it," Cummings said.

Venice may back off plans for airport growth

By PAUL QUINLAN

paul.quinlan@heraldtribune.com
VENICE -- Facing a backlash over efforts to build a marina and resort at the airport, city officials on Wednesday recommended scaling back plans and overhauling the design process set to unfold in the coming weeks.

The retreat comes after a crescendo of opposition from residents to building a luxury resort on the 451 acres that overlook Caspersen Beach and line the Intracoastal Waterway, the largest undeveloped waterfront tract in Sarasota County .

Leasing land to a resort developer, city leaders maintain, would raise needed cash for airport operations and improvements, while boosting tourism and the local economy.

But residents questioned how much development, if any, is necessary on land that borders public beaches, trails and other recreational areas.

Last week, five developers presented their proposals to the City Council.

Some plans would cover the entire 451 acres at a cost of several hundred million dollars, while engulfing the city's only public golf course.

"Some of these projects would overwhelm the city," City Manager Marty Black said. "That finally stirred some folks to action."

In a five-page memo sent Wednesday to the City Council, Black made three recommendations.

First, that the city immediately hire a consultant to begin hosting a series of public meetings that would address various development scenarios and how they would meet airport needs.

Second, that an 87-acre portion of the airport property along Harbor Drive be excluded from any development.

Third, that the council meet with the airport advisory board before it approves the latest airport master plan to jointly review airport operational needs and community priorities.

Black's memo also recommended that the council commit to several parameters that would govern any development project.

Those include that a public golf course would be maintained with operations "consistent with comparable public courses, including that rates must be reasonable, competitive and within prevailing rates in the community," the memo states.

To meet airport safety requirements, some of the land that makes up the existing public course, the 27-hole Lake Venice Golf Club, will almost certainly need to be taken over by the airport to provide an additional buffer around portions of runway, Black said this week.

But any resulting renovation of the course should meet Audubon standards for environmental protection to reduce water quality and fertilizer impacts and protect wildlife habitat areas, the memo says.

Moreover, Black recommended that the city commit to ensuring that access to any new development occur through a "new primary driveway" from U.S. 41 Business, in order to mute the traffic impact on the airport's surrounding neighborhoods.

The memo also asks that the council commit to ensuring the developer pay for infrastructure improvements and that no beachfront development should occur.

The ideas included in the memo emerged from a 90-minute meeting Wednesday between Black, assistant city attorney Wayne Hall and airport director Fred Watts.

"It sounds like a small step in the right direction," said Sue Lang, president of the Venice Neighborhoods Coalition, a community group that represents those who live in the neighborhoods surrounding the airport.

But Lang called on the city to protect areas further south along Harbor Drive from development and prioritize relocating the jet center to an area farther away from residential areas near Airport Avenue .

"People are being sickened by the fumes and the particulate is all over their cars and all over their foyers," Lang said.

None of the five developers who have pitched proposals for the airport have been removed from the running, Black said.
The City Council will consider whether to adopt Black's recommendations at its regular meeting Tuesday.
Lake Placid Growth Management Plan Suggests Another Look At Big Box Ban

By Douglas Carman of Highlands Today

Published: May 3, 2007

LAKE PLACID — The nearly completed draft of the Growth Management Committee's Area Vision plan, which will be presented later this month, might be a step toward easing the ban on big box stores such as Wal-Mart and Lowe's.

Realizing among other factors that Tallahassee might pass legislation that could cut the town's tax revenue, the committee included a suggestion for the town to consider amending the ordinance, emphasizing large green space buffers and small signs, committee chairman Ray Royce said. Still, he emphasized, it is not suggesting a total repeal of the ban.

"We are not suggesting that the town amend their code necessarily to allow big box stores," Royce said. However, "if each of us are going to pay a little less, we need even more people to make the pie, so to speak."

An ordinance enacted in 2005 banned any retail building that was more than 100,000 square feet in size from being built within the town limits.

Royce suggested the town, with the county, could force big box retailers to build their structures so that it could better fit with the town's architecture if the county approved of it. Then, theoretically, if it wanted the town's water and sewer services, it could be annexed into Lake Placid .

The big box clause was a very small part of the plan that took almost two years to draft.

This draft, which Royce described as being "95 percent complete," will not be released until some time today. However, he briefly discussed the draft with the Lake Placid Board of Realtors Wednesday.

Town Attorney Bert Harris will discuss it with the town council this coming Wednesday at the Lake Placid Elks Lodge, and a public hearing will take place May 22. Town Clerk Arlene Tuck said the venue for the public hearing has not yet been determined.

Among other highlights, the most recent available draft of the plan, created April 24, recommended:

- A central water and sewer system, with qualifying lots using a "performance-based" septic system.

- A standard development density of three units per acre.

- Making S.R. 8 a four-lane road while improving its intersection with U.S. 27.

- Setting aside a 25-acre plot for a future elementary school on the town's north side.

For Brooker Creek, a map of change

By THERESA BLACKWELL
Published May 3, 2007

EAST LAKE - Yet another idea has been proposed to safeguard big parts of the Brooker Creek Preserve. And, like the others, it has fans and foes.

The idea: Pinellas County commissioners would remove 1, 146 acres from the 3, 623 acres purchased years ago by the county's utilities department.

The carved out acreage would be off limits to any future development - for utilities or otherwise.

The acres would be both north and south of Keystone Road . And a detailed map would be drawn to make it clear to concerned environmentalists exactly where the lines in the sand are drawn.

County utilities would retain 2, 398 acres also north and south of Keystone. And those acres could be used for future utilities projects.

South of Keystone, utilities projects would be limited to pipelines or small structures to protect well heads on the lands it controls.

North of Keystone, utilities could build whatever is needed on its acreage - water blending facilities, tanks.

And 79 acres north of Keystone that now carry a utilities designation - some small parcels like a sulphur scrubbing plant, as well as the 46 acres already cleared for a blending plant - would no longer be parts of the preserve.

The complicated new proposal, detailed on a map, was unveiled to county commissioners last week by Will Davis, the county's director of environmental management.

While still a work in progress, the plan generally was supported by commissioners, who indicated they favor continuing to refine a new Brooker Creek Preserve map. They hope it will provide clarity.

"It will just stop this battle with this very small group from the community who doesn't want it touched, " Commissioner Susan Latvala said Wednesday.

The "small community" she referred to are environmentalists who have been vocal opponents of any kind of development in the preserve, which they regard as a natural treasure in the urban bay area.

Reaction to the plan has been mixed.

"The ones who spoke to me thanked me for being so progressive and identifying 1, 200 acres of utility land that would not be used in the future for utility uses, " said Pick Talley, utilities director.

But many environmentalists didn't support the new plan. They said they like the preserve's map as it is now - with all the preserve's acres shown in green, the designation for preservation.

They feel separating out acres for utilities sets them up for more intensive development, even for uses such as active recreation.

"That land north of Keystone is some of the most important land in the preserve, " said Mathew Poling, 17, the past senior executive of the Friends of Brooker Creek Preserve.

"There's a large area of Sandhill habitat and there's very little of that left in Pinellas County ."

Poling led the Friends in a petition effort a few months ago, presenting commissioners with more than 2, 000 signatures from residents who want to preserve the 8, 300-acre preserve.

Lands set aside for utilities use will no longer be considered part of the preserve, he said, no matter what the map says.

"Right now, all 8, 300 acres are treated the same, " he said. "If this proposal is approved, a large piece of the preserve will be in jeopardy."

His fears may be well placed.

Latvala said Wednesday she would not oppose more ballfields in addition to the ones already proposed north of Keystone on utilities acres.

"A horse trail, a ballfield are not necessarily permanent, " she said.

"If it ultimately needed to be used for utilities, it could be reclaimed for that purpose."

Theresa Blackwell can be reached at tblackwell@sptimes.com or 727 445-4170.

On the web

Good or bad? You decide

To watch the Brooker Creek policy part of the recent work session on your computer, go to www.pinellas county.org/media /default.htm and click on BCC Worksession Meeting Video, Tuesday 4/24/07.

Tonight's Springhills hearing will be aired live

By CINDY SWIRKO

Sun staff writer

The contentious Springhills development will get another hearing before the Alachua County Commission tonight in a continuation of a 5-hour meeting Tuesday.

The meeting, which starts at 5 p.m. at the County Administration Building , 12 SE 1st St. , will air live on Cox Cable Channel 12.

Set to give a presentation tonight is the Coalition for Responsible Growth, a group that formed to oppose comprehensive plan amendments sought by the development at Interstate 75 and NW 39th Avenue .

Public comment will be taken. Commissioners can vote on the project, but it is not certain if that will happen tonight.

Springhills wants authority to increase the amount of retail space it can build. That would allow it to bring in big box supercenters.

Proponents say it will boost the economy, improve the tax base, help improve roads and provide more shopping.

Opponents say it will create too much traffic, promote sprawl and stress the environment.

Meantime, a televised replay of Tuesday's Springhills public hearing, which was held at the Santa Fe Community College gym, will air on Friday at 8 p.m. on Cox Cable Channel 12. A replay of tonight's continuation meeting will immediately follow.

See Friday's Sun for more information.


Belleview advances plans for single-family homes


BY HARRIET DANIELS
STAR-BANNER-

BELLEVIEW -Two properties already annexed into Belleview and planned for single-family subdivisions cleared a regulatory hurdle Tuesday.

During the Belleview City Commission meeting, developer Tom Cafaro said his goal with both properties is to design single-family home sites. The city's land-use designation allows more units per acre than Cafaro, with Belleview-based Landsport Development, Inc., plans to construct.

Cafaro said he is not interested in the higher density count; instead, he plans 64 lots between the two properties. Cafaro developed Hidden Grove, a gated community in Belleview.

A final hearing on the proposed changes in the properties' designation is scheduled for the May 15 commission meeting.

On the north side of town, off Southeast 98th Lane , the property will convert from the county's medium-density residential designation, which allows four units per acre, to the city's low-density residential designation, which allows six units per acre. Cafaro said plans for the 9.7 acres include 44 home lots.

The other site, fronting Southeast 52nd Court on the city's south side, will still carry the low- density residential designation in the city, but will enjoy the maximum use of six units per acre, compared with the one unit per acre allowed under the county designation. Twenty home sites are planned for the 5-acre property.

"Even though the city allows six units per acre, you can't do that with current requirements to include drainage, roads and curbs," Cafaro said.

In describing the subdivisions, Cafaro said the goal is to create housing for the local work force.

"It's a hot button right now because we need homes that police officers and teachers can afford," he said.

The homes, including lot price, are expected to be in the $185,000 to $225,000 price range.

According to Belleview's land development coordinator, Jeff Shrum, after clearing the city, the land use and zoning amendments will head to the state Department of Community Affairs for approval.

"They are small-scale amendments, and on all of those we send up, we are requesting that they not review them because they are small," Shrum said.

Several residents who live near the property on Southeast 98th Lane voiced concerns about the change. They are fearful that the road is too small to support increased vehicle traffic, questioned the impact to underground caverns and wondered how area schools would cope with more students.

Mayor Tammy Moore took issue with several questions from the audience.

"We are talking about 30 or so homes here or there and we get lynched, and the county puts in 700 homes around us and it's OK," she said. "When Belleview expands it's a problem, and I don't understand."

Shrum said the city was receiving a large number of residential land use and zoning amendments.

However, with the housing market cooling down, the next cycle of amendment applications focus more on commercial development - especially retail service development to fill the demands of a growing residential base.

Harriet Daniels may be reached at (352) 867-4125 or harriet.daniels@starbanner.com.
 

Task force on springs likely to receive funding

By LLOYD DUNKELBERGER

Sun Tallahassee Bureau

TALLAHASSEE - As Florida 's springs continue to face threats from encroaching development and other pollution sources, state lawmakers are poised to back a study on the springs' predicament.

The House has unanimously backed a bill (HB 299) that would create a nine-member Florida Springs Stewardship Task Force that will collect data on the state's 33 largest springs, which each release about 65 million gallons of water a day. The Senate is expected to pass the legislation before the end of the week.

Some critics say the study bill is another sign the state is falling short on its efforts to protect the springs, while lawmakers and some environmental groups say they believe the legislation represents an initial move to do more to save the springs.

"It's a little late, but better late than never,'' said Sen. Steve Oelrich, R-Cross Creek, who is sponsoring the Senate version of the bill (SB 1486).

Oelrich said the task force, which will report its findings back to the Legislature early next year, will provide information allowing lawmakers to take further steps to help the springs.

Rep. Debbie Boyd, D-Newberry, sponsor of the House bill, said she too would have liked to have done more for the springs this year.

Her original bill was much more ambitious, calling for a detailed study of the springs and the development of policies to protect them.

But the bill carried a price tag of $25 million, meaning it had little chance of passage in a tight budget year. So Boyd scaled back her bill to the current task force proposal.

"I just felt like a very humble first step was better than no step at all,'' Boyd said.

Sen. Nancy Argenziano, R-Dunnellon, who has been an outspoken critic of the state's lagging efforts on springs protection, said she was disappointed with the legislation, questioning how much value another springs study would have.

"We don't need to study them,'' Argenziano said. "We're either going to protect them or not.''

Argenziano, who is leaving the Legislature this week to join the Public Service Commission, had her own springs legislation that would have provided extra protection for four large springs, including Ichetucknee Springs in Columbia County and Rainbow Springs near Dunnellon. But the bill never advanced.

"Our springs are showing the wear and tear,'' she said. "As soon as we start losing them, it may be too late.''

Some environmental groups, which worked on the springs legislation, called the task force a positive move.

"It moves us forward on identifying the sources of water pollution that are killing our springs,'' said Eric Draper of Audubon of Florida. "It puts government in a position to come up with some solutions to solve the problem.''

At one point in the session, Draper had called the legislation "the anti-springs bill,'' when it had a provision emphasizing a "non-regulatory'' approach to protecting the springs.

But Draper said the final version was much improved and called for the task force to identify "other water pollutant controls'' in addition to voluntary "best management practices'' for protecting the springs.

"It broadens the focus of the study commission,'' Draper said.

The bill creates a nine-member task force that will include representatives from the Department of Environmental Protection, the Department of Agriculture and Consumer Services and the Department of Community Affairs. Others will represent water management districts, business, development, agricultural and environmental interests.

The task force will report its findings to lawmakers by no later than Jan. 31 of next year - roughly a month before the 2008 legislative session begins.
Statewide drought continues

By BRIAN SKOLOFF Associated Press
Tuesday, May 1, 2007 10:03 PM EDT

OKEECHOBEE - Florida 's worsening drought conditions - one of the driest periods on record - could result in year-round water restrictions for residents and farmers as forecasters say no real relief is in sight.

Lake Okeechobee, a backup drinking water source for millions in South Florida and the lifeblood of the Everglades , is nearing a record low at 9.6 feet, four feet below average.

“Maybe the time is right to look at year-round restrictions,” Chip Merriam, deputy executive director of the South Florida Water Management District, said Tuesday.

Last month, the district instituted temporary water restrictions aimed at cutting residential use by up to 30 percent, mostly outside watering of lawns and gardens. Farmers have had to cut back 50 percent. The state also announced that the fragile Everglades ecosystem would be cut off for any new or additional water supplies, meaning utilities will have to find new sources of water to supply demand for population growth.

It was the first time in history that Everglades water was deemed off-limits.

Merriam said the agriculture industry could soon begin losing crops. Tourism is also taking a hit as many of the state's inland waterways dry up, removing opportunities for boating and fishing.

The drought conditions are the second worst on record since 1895, said Ben Nelson, state meteorologist with the Florida Division of Emergency Management.

While summer months typically bring steady storms, officials say even average rainfall won't break the drought. In the last 18 months, South Florida has received 49.3 inches of rain, nearly 17 inches less than the 30-year average.

“Water conservation is going to be extremely important,” Nelson said.

State officials estimate that 50 percent of drinking water produced daily in South Florida is used for watering lawns and gardens.

The drought is also creating prime wildfire conditions, historically a good thing for the Everglades because it cleanses the system and allows for new growth. But with so much development along the edge of the vast wetlands, communities could be in danger as summer storms bring lightning that sparks dry brush.

The lack of rainfall is a mixed blessing for the health of Lake Okeechobee , said the district's Susan Gray.

High water levels have kept vital sunlight from reaching the lake bottom, inhibiting plant growth and keeping the natural system from revitalizing itself.

“The lake has really needed this,” Gray said. But the low water levels will also give way to the spread of exotic plant species that will have to be removed.

Drought conditions are being felt across the Southeast in Alabama , Florida and Georgia , where a massive wildfire has burned 87,000 acres. Officials in Florida say it may be several years before the state returns to normal conditions.

Very little water in sight

By Rachel Simmonsen

Palm Beach Post Staff Writer

Wednesday, May 02, 2007

A pier that once stretched into Lake Okeechobee now hovers above dry, cracked earth, a scene that water managers say perfectly illustrates their now-familiar refrain: "This drought is serious," said Chip Merriam, deputy executive director of the South Florida Water Management District.

And it's not likely to end anytime soon.

Speaking to reporters Tuesday at Jaycee Park along the lake's north shore, water managers and a state forecaster warned that the lake, a backup source of drinking water for much of South Florida , is nearing record low levels.

And even soakings from summer tropical depressions probably won't be enough to pull the region out of the drought.

"If you can imagine 3 feet of rainfall over this lake anytime soon, we would still be in a drought," Merriam said of Lake Okeechobee , which was about 9.65 feet above sea level Tuesday.

Without significant rain soon, the lake is projected to drop in June to 8.97 feet, its all-time low, which was recorded during the most recent drought in 2001, Merriam said.

Statewide, 2006 was the third-driest year since 1895, according to Ben Nelson, state meteorologist with the Florida Division of Emergency Management.

Forecasters had expected El NiÒo, the warming of equatorial waters in the Pacific Ocean , to bring plenty of rain before this summer.

But El NiÒo, a phenomenon that usually occurs every three to seven years, lasted only until February, not through this month, as forecasters had predicted, Nelson said.

They now expect La NiÒa, the opposite phenomenon of cooling equatorial Pacific waters, to form this summer, which could bring more bad news to Florida : La NiÒa means there's a good chance there will be more hurricanes, and of a greater intensity, in the Atlantic Ocean this summer, Nelson said.

But that doesn't mean the storms, and the rains that come with them, will hit Florida .

It also doesn't mean the rain would be enough to end the drought: Historically, La NiÒa coincides with droughts in Florida , Nelson said. Forecasters expect the next dry season, which runs roughly from November through April, to be drier than normal.

Signs of the drought abound along Lake Okeechobee , where waters have receded to reveal grassy islands that once were submerged. Water managers closed four locks last week, saying the lake was too low for safe navigation. Boaters complain they can't use many boat ramps, because they're too dry or buried in muck.

Still, the drought is not all bad news, water managers said Tuesday. They're taking advantage of the low water levels to try to restore the lake. The district plans to spend about $7 million to remove about 500,000 cubic yards of muck, mud full of pollutants that is 3 feet thick in some parts of the lake.

"Fish don't like it and plants can't grow in it," said Susan Gray, director of the district's Lake Okeechobee division.

The district also plans to remove exotic plants, such as cattails and torpedo grass, and to plant native species once rains start to refill the lake.

In the meantime, many submerged aquatic plants, which were wiped out in the 2004 and 2005 hurricanes, have rebounded now that the lake levels are low enough for sunlight to penetrate to the lake bottom. Water managers aren't sure how much has rebounded, though, since the lake is too low for scientists to survey in boats, Gray said.

During Tuesday's news conference, water managers stopped short of predicting that the governing board of the water manager district will enact tougher water restrictions at its meeting next week.

But district officials said residents shouldn't expect an end any time soon to restrictions, which limit South Florida residents to watering lawns two or three days a week.

"This is not just a local drought," Merriam said. "This is affecting the whole state of Florida ."

A pier that once stretched into Lake Okeechobee now hovers above dry, cracked earth,

a scene that water managers say perfectly illustrates their now-familiar refrain:

"This drought is serious," said Chip Merriam, deputy executive director of the South Florida Water Management District.

Plan would reroute Lake O water

By Jason Schultz

Palm Beach Post Staff Writer

Wednesday, May 02, 2007

STUART — Environmentalists and Martin County commissioners hope the south shall flood again - at least the land south of Lake Okeechobee - in order to clean up the St. Lucie River.

Commissioners unanimously endorsed a U.S. Army Corps of Engineers proposal that would restore a natural flow-way for storm water to drain south out of Lake Okeechobee into the Everglades instead of being released into the river. Heavy lake releases in recent years have polluted the St. Lucie River and endangered fish, oysters and sea grass.

"This is the only viable solution for the St. Lucie River," said Chuck Locke, a member of the Rivers Coalition, a group of business and recreation groups aiming to clean up the St. Lucie and Indian rivers.

Water used to naturally drain that way but since has been stopped by a dike around the lake, said county water quality chief Gary Roderick.

The flow-way might be difficult for the Corps to implement because it does not have enough capacity to store water south of the lake to clean it up before it goes into the Everglades , Roderick said.

The corps is trying to rehabilitate the Herbert Hoover Dike around the lake because of concerns that the dike could fail and flood surrounding areas, said Alan Bugg, the corps' chief of construction and operations.

Bugg said the corps already is working on a similar plan that would involve a 12-foot-high spillway near Belle Glade that would let water drain into a southern flow-way. That plan would eliminate the need to rehabilitate the dike.

That plan faces major hurdles as well. It would require buying 140,000 acres for storing storm water and relocating a sugar mill in the path of the flow-way.

Okeechobee's low water level called 'a mixed blessing'

By CURTIS MORGAN

It may be hard to tell by the pontoon boats resting on muddy creek bottoms and the sagging business at marinas and bait shops, but there may be a bright side to the low water in Florida 's largest lake.

The drought inadvertently has given Lake Okeechobee -- strangled by dark, polluted water over the last few years -- a chance to breathe again, to soak in sunlight and sprout sprigs of green life.

State water managers said Tuesday they will put $7 million into projects to help speed a revival of aquatic plants and shoreline marshes that -- when the waters do rise again -- could produce cleaner, clearer waters and, in coming years, healthier populations of fish and wildlife in the lake.

The key work will entail driving bulldozers and dump trucks onto a lake bed where bass boats usually float, to scrape up and haul away a dried and cracked layer of an ooze churned by hurricanes onto the shoreline marsh. The black, phosphorus-laden mix of fine clay, decaying plants and algae covers a huge swath of lake bottom and has been a festering source of pollution in the lake for decades.

Susan Gray, a deputy director with the South Florida Water Management District, said the aim was to make something good out of a severe drought that has put South Florida 's farms and suburbs on the toughest water restrictions ever and the lake in a slide toward a historic low.

At 9.65 feet above sea level Tuesday, Lake Okeechobee is expected by month's end to recede beyond the the all-time low of 8.97 feet, hit on May 24, 2001, at the peak of the last serious drought. The 730-square-mile lake, which normally serves as the region's reservoir, no longer can replenish coastal cities if their well fields begin to run low.

''These low conditions are a mixed blessing,'' Gray said. ``It we can get that organic muck out, the submerged plants can come back and that benefits the lake's water quality and fishery as well.''

The district, working with the Florida Fish and Wildlife Conservation Commission, did similar excavation in 2001 with great success after a decade when the lake was frequently held too high for sunlight to penetrate more than a few inches, drowning the plants and marshes in darkness.

The marshes, which cover about a fifth of the lake, are the key to the entire ecosystem, providing critical habitat and food for everything from fowl to fish, including the lake's renowned large-mouth bass and popular panfish such as crappie and bream.

''With the water being as polluted and dirty as it is, you cannot recover these plants until the water gets really low,'' said Paul Gray, Audubon of Florida's Lake Okeechobee sanctuary manager.

By 2004, aquatic plants such as eel grass and tape grass had rebounded six-fold to 60,000 acres. But after bad hurricane seasons that year and the next, the lake was in even worse shape than before, down to an estimated 2,500 acres of submerged plants. The crappie stock, Gray said, could collapse without a rebound this year.

The muck removal, which should start within weeks once environmental permits are finalized, will focus on Lake Okeechobee 's western marsh and on a shallow bay near Clewiston.

The district already has removed 50,000 acres of torpedo grass and other exotic invasive plants through controlled burns and herbicide treatments and intends to replant native species, such as bulrush, once summer rains kick in.

But when they do come, said Ben Nelson, state meteorologist with the Florida Division of Emergency Management, there are global climate indications that it might not be in enough volume to end the drought.

Nelson said a La Niña condition, dictated by cooler waters in the Pacific Ocean , could prolong a drought that began in 2006, the third-driest statewide on record. In the last 18 months, South Florida 's rain gauge is 17 inches below average.

That means that without above-average summer rains and widespread cooperation with regional water-use restrictions, Lake Okeechobee could face worse low-water threats next year.

That would be too much of a good thing, Gray said. Lake life thrives when the water levels hit 15 feet at the end of the rainy season, totally saturating the marsh, then drop to 12 at the end of the dry season.

If the lake stays too low too long, he said, some of the marsh and bottom plants wind up baking in the sun and dying off.

''We're headed for too low,'' he said. ``Basically, once you get the lake down from 10 feet, you've got 100 percent of the marsh drained. You're getting all the benefits you need.''

Study to focus on Kings Bay alga

By Terry Witt

Two Clemson University researchers have begun a two-year study of Lyngbya alga in Kings Bay to determine how it can be controlled.

Professor John H. Rodgers Jr. and doctoral student Brenda M. Johnson met with state and county officials last week in Crystal River to discuss potential management options.

Rodgers said they would be looking for a solution that is environmentally sound, economically and socially acceptable and is no worse than the problem they are trying to cure.

“The science is beyond spray and pray now,” Rodgers said.

The Florida Department of Environmental Protection is funding the $100,000 study.

Lyngbya is a blue-green alga that forms large, dense mats on the bottom of the bay. The mats float to the top and can be several acres in size and can smother eelgrass, a food for manatees. Manatees use the bay as a wintering area during cold weather.

The alga, which has characteristics similar to bacteria, is found throughout the bay, but is concentrated in the northern section. Citrus County uses mechanical harvesters to remove Lyngbya from the bay, but in other areas of the United States an algae-killing chemical that is copper-based is used to control it.

Ultrasound technology and the use of grass carp were two additional methods suggested by audience members for controlling the spread of Lyngbya.

However, grass carp could not be used is an open system such as Kings Bay because the carp could escape and move into other water bodies, Rodgers said. A half dozen audience members said they were opposed to the idea of using chemical controls to poison and kill Lyngbya in Kings Bay.

“I think the chemicals with the environmental groups will be a hard sell,” said Gail Jannarone of the Kings Bay Association.

Johnson, who will use the bay study for her doctoral thesis, said she would experiment with ultrasound. She said the two theories of ultrasound are that it either bursts the cells or retards the growth of algae.

She hopes to grow Lyngbya in a laboratory setting at Clemson University and expose it to various control methods to determine what works best.

Most of the research will take place at Clemson. However, Rodgers and Johnson took water and algae samples from Kings Bay after the meeting. Southwest Florida Water Management District official carried them to the sampling sites in the bay.

Johnson said she is keenly aware that manatees feed in the bay and use it as a wintering area. Any proposed solutions would factor in the presence of manatees, she said.

http://cbs4.com/video/?id=33931@wfor.dayport.com

Retirees, county square off over water rates
County urges conservation; seniors say bills are too high

BY RICHARD CONN
OCALA STAR-BANNER-

 They came in droves. They clapped, cheered and booed voraciously as they fought proposed increases to their water bills. And at the end of more than three hours of sometimes heated debate and discussion, at the very least, they got a reprieve.

Hundreds of residents from Stonecrest, Spruce Creek South and Del Webb Spruce Creek Golf and Country Club poured into the McPherson Governmental Complex on Tuesday. The crowd, which spilled into an outdoor courtyard, had hopes of stopping county commissioners from approving water and sewer rate increases that would have sent their water bills soaring.

Instead, commissioners voted unanimously to continue the public hearing on the matter at their June 5 meeting.

Jack Benstock, who, along with fellow Spruce Creek Golf and Country Club resident Burton Sugarman, spoke for most of the throng in attendance, said the planned increases would hit hardest senior citizens who live on fixed incomes.

"The proposed rates will be extremely high for us," Benstock said. "Some residents can't afford necessary prescription medication."

Andrew Neff, director of the county's utility system, told commissioners that residents in the Spruce Creek and Stonecrest communities had been paying 26 and 28 percent less than the county's average customers and those rates had never been properly adjusted for inflation. The county has purchased systems at different monthly rates.

Neff also said those communities had far exceeded their recommended water usage. Currently, those communities use 22,000 gallons of water a month, far above the 12,600 gallons a month recommended by the St. Johns River Water Management District.

Commissioners directed Neff to return June 5 with information about increases based on inflation and the current rate of each of Marion County 's separate utilities, and then tier the rate system to encourage water conservation. Under the tiered rate structure, those who use the most water would pay the most.

Neff said he had hoped the plan would have encouraged residents to curtail their water usage, which would leave them with lower bills.

"What we were trying to stress is that if you throttled back your usage to a more reasonable rate, you're not going to be paying as much as you think," Neff said.

Commissioner Jim Payton said that while he sympathizes with residents who complained of higher water bills, he also sensed an "unwillingness to embrace conservation" from many of those residents who spoke in opposition of the rate hikes. "That bothers me a lot," he said.

Payton's comments drew jeers from the crowd.

Sugarman said he was happy with the commissioners' decision to delay the vote on a rate increase and study the numbers further.

"I think it's a step in the right direction," he said. "The new rates they had proposed were exorbitant, they were absolutely ludicrous."

Sugarman also said he believed any new rate system should be based on the amount of water currently used in Spruce Creek and Stonecrest, and residents should not be asked to significantly scale back their consumption because of the varying size of lots in the communities.

"Some of us have yards that are absolutely enormous," he said.

But commissioners all agreed that water conservation methods need to be implemented countywide.

St. Johns River Water Management District issued a violation to the county for Spruce Creek Golf and Country Club last month because the community used 903.5 million gallons of water in 2006, more than 50 percent over the allotted amount.

Kirby Green, the water management district's director, said the district has the right to impose fines against the county, which could total millions of dollars if usage amounts are continually exceeded.

Richard Conn may be reached at richard.conn@starbanner.com or 867-4045.

St. Marks Greenway gets aid
Department of Community Affairs gives $915,285 to purchase 160 acres
By Jeff Burlew
DEMOCRAT STAFF WRITER

The state, the city of Tallahassee and Leon County are teaming up to preserve hundreds of acres of land at the St. Marks River headwaters.

On Tuesday, Department of Community Affairs Secretary Tom Pelham presented a $915,285 check to city and county officials. The grant money is being used to help purchase an additional 160 acres for the St. Marks Headwaters Greenway, a passive park that the county is expected to develop over coming years.

Blueprint 2000 and the Florida Communities Trust have been teaming up to acquire property around the river since 2002, said David Bright, a Blueprint 2000 planning manager. Combined, they've spent about $5.2 million to buy 754 acres. Florida Communities Trust has contributed about 60 percent of that in grant money.

"Basically what we're doing is protecting something that's relatively pristine and using it in some ways that are educational to the public," Bright said.

Once finished, the park will include multi-purpose trails for biking, hiking and horse riding. It will have a picnic area, a swing and a couple of boardwalks over wetlands, which will be good for watching wildlife.

Pat Plocek, director of the county's parks and recreation, said an entrance has been proposed by Baum Road about halfway between Buck Lake Road and the railroad tracks. He said it could be five or more years before the park is ready. For now, workers will be removing exotic plants and improving the habitat for wildlife.


Can Polk Schools Handle Growth?

By Tom Palmer & Julia Crouse
The Ledger

BARTOW - By next spring, schools will join roads and utilities on the list of public facilities that need to be considered when planners review new developments.

The principle involved is called concurrency, which means before development can occur, provisions have to be made to make sure public facilities will be adequate to serve the new development's residents. There will have to be adequate roads to handle the additional cars, sufficient utilities to serve the new houses and enough classrooms for the extra children.

Legislators amended the state growth-management law in 2005 to require schools' inclusion in the mix.

Polk County is supposed to implement school concurrency by next March 1, but planning has fallen behind schedule.

Tom Deardorff, Polk's director of long-range planning, said the difficulty is the complexity of the variety of school districts at different grade levels, which requires a great amount of data collection and analysis to coordinate concurrency among the various school attendance zones and grade levels. He said the analysis will be ongoing because of periodic changes in school attendance zones, which could affect concurrency in specific development locations.

SCHOOL district's ROLE

The School District has to do its part to make sure schools aren't overcrowded and current schools are at their maximum capacity. That means districts must continue building new schools, adding classrooms and rezoning current schools, said Larry Helton, the district's contract administrator in its facilities planning department.

School concurrency will be based on school zones for elementary, middle and high schools. If a school in a development's zone or adjacent zone does not have capacity, then a developer cannot build houses there.

For example, if a development is proposed for the Kathleen High area, then there would need to be room at either Kathleen High or one of the three other high school zones it touches. In this case, it would be at Lakeland High, Lake Gibson High or Mulberry High.

If one or more of the adjacent school zones had room, the law says it would be reasonable for the district to rezone students or to spot zone areas within the development to that school with capacity, provided it is financially feasible.

What would not be reasonable would be to force a school to be year-round or go to double sessions to accommodate growth, solutions that have been suggested to maximize capacity, Helton said.

The School Board plans to enact policies eschewing year-round schools or double sessions except in the case of emergencies.

If none of the schools in the example cited above has room, development cannot continue until its impact on schools is mitigated by a land or financial donation to build more classrooms in the area.

Deardorff, Polk's director of long-range planning, told county commissioners there may be a time lag between the time people move into new homes and the construction of new classroom space. That's because school capacity, like road capacity, is considered concurrent if the project is scheduled to be built within three years of the approval of the development that needs it.

And even when a new development doesn't meet concurrency, developers can get the go-ahead to build anyway if they agree to "mitigation." Under the proposed rules, mitigation can consist of the donation of buildings or land or actual construction of a new school or an addition to an existing school.



SCHOOL SITES

Quen Wilson, Polk County 's director of concurrency and capacity, said the selection of school locations is also an issue because it affects concurrency.

"We have differences with the School Board as to where schools should be located," he said, explaining schools that are located in relatively remote locations - Sandhill Elementary School east of Lake Hamilton is a good example - require expensive utility line extensions and could encourage development to spread farther into rural areas.

"We don't want them to push the urban fringe," he said.

Deardorff has laid out a schedule to advance the school concurrency adoption in the county's growth plan and subsequent changes in the county's development regulations to implement it.

However, the standards, which will be uniform through Polk County, must win approval of the Polk County School Board and all local governments as well as the County Commission, he said.

Deardorff said planners are running slightly behind a schedule announced at the annual County Commission retreat on April 5. Under that schedule, a draft of the school concurrency plan was supposed to be completed last month and meetings would be scheduled in May to get public comment.

Deardorff said recently that he and fellow planners were still working on the plan and it now looks as though the public meetings won't occur until sometime in June.

The next steps will be hearings before the Polk County Planning Commission and the County Commission between July 10 and Dec. 12.

Julia Crouse can be reached at julia.crouse@theledger.com or 863-802-7536. Tom Palmer can be reached at tom.palmer@theledger.com or 863-802-7535

Growers Learn From BrazilianFact-Finding Expedition

By Gary Pinnell of Highlands Today

Published: May 2, 2007

SEBRING - When it comes to citrus greening, said Bobby Barben, "Assume you've got it."

The disease has been found in several Highlands groves, and citrus growers believe it will be worse than canker, which caused the death of millions of Florida citrus trees.

Barben was one of 17 Florida citrus growers and industry officials who spent a week in Brazil to see how psyllid insects have infected the citrus industry in the northern part of the South American country.

"We got to see what greening looked like, where it's farther along than we are," said Barben, of Avon Park. He and his family own groves in Highlands, Hardee, Polk and DeSoto counties. "Some felt like they had lost the battle. They were giving up. They were going to rent their land to the sugar cane people."

Other Florida growers went to Vietnam to see if guava trees really ward off psyllid insects. Both countries have been fighting greening for several years.

Psyllid History

According to the USDA, citrus greening, also called Huanglongbing or yellow dragon disease, is thought to have originated in China in the early 1900s.

Psyllids — gnat-sized insects shaped like grasshoppers — spread bacteria to citrus trees. Psyllids don't infect each other with bacteria; they become infected by feeding on immature leaves and sap from diseased trees.

One species, the Asian citrus psyllid, was first discovered in Kissimmee and Orlando, according to a 1999 Florida Division of Plant Services bulletin. The psyllid — so small, it's difficult to see — also attacks nursery stock, particularly orange jasmine and boxwood orange.

Infected trees eventually produce misshapen bitter fruit that's unsuitable to eat or drink, said the USDA Web site, www.aphis.usda.gov. A typical orange from an infected tree may ripen at the top, but remain green at the bottom. A normal-appearing fruit, when cut open from top to bottom, may have small, dark seeds that won't produce fruit. The white navel cord, which normally runs in a straight line from the top stem to the bottom navel, will stray off center, lopsided.

Citrus plants infected by the citrus greening bacteria may not show symptoms for 2-3 years following infection. The first noticeable symptoms frequently include the appearance of yellow shoots on a tree. Leaves become a mottled yellow and green. As the bacteria moves within the tree's circulatory system, the entire canopy yellows.

Trees usually die 3-5 years after becoming infected; they must be removed, the USDA Web site said.

There is no known cure for the disease.

Locally

"We've had it longer than we realize," said Barben. He's sprayed some blocks of trees four times – some a few weeks ago – and he's still finding psyllids.

"I just sprayed them, and I'm asking myself, am I going to have to go back again?" Barben said.
In one grove the American group inspected, the Brazilian growers had removed the diseased trees, replanted within four weeks, and four to six weeks later, they found greening on trees they'd missed, Belcher said.

"It's pretty dismaying to me," Barben said. Because some trees are in close proximity to homes, wells and lakes, spraying and other chemical treatments are limited.

Highlands growers are used to spraying three or four times a year. In Brazil, said Barben, they're spraying 12 times a year. "And they are still losing the battle."

"Brazil is not exactly sure how they're going to manage these groves," said Bryan Belcher, production manager for the Joe Davis groves. "They're not sure that all the things they're doing is going keep them in business. But they know if they do nothing, they're not going to be in business. It's the same here."

Good Neighbors

One of the problems: if Barben and Davis exert maximum effort, and the neighboring grove owners don't, psyllids will multiply, and all will have the disease. And there are groves in the Heartlands which have been left unattended for years.

Should the government step in?

"That's being discussed at every meeting we go to," Barben said. "We talk about that all the time.
"There's no law in place right now," Barben said. "And I doubt if (Agriculture Commissioner Charles Bronson) has any appetite for pushing down groves, after canker."

In 1998, Florida had 79 million trees; now there are 65 million trees. Many were lost to canker, some to housing developments.

"I just don't know what I can do about my neighbor right now," Barben said. "I'd like for those guys to get educated and feel the same alarm I do."

So what's the bottom line?

Brazil hasn't found the solution, Belcher replied.

"My goal is to hang on. Something will develop down the road that will help," Barben said.

Lawmakers Ready To Pave Over Turnpike Fiscal Accountability

Tampa Tribune editiorial Published: May 1, 2007

Lawmakers appear ready to strip fiscal accountability from the state turnpike system, creating all sorts of new costs for taxpayers, undermining growth controls and threatening the financial standing of the Florida Turnpike Enterprise, which now has the nation's best bond rating.

The Legislature should abandon the scheme, which seems focused on promoting the development of rural lands.

State rules prevent a toll road from being built unless studies show it can repay half its bond debt within 12 years and all of its debt within 22 years. But legislation advancing in both houses would change the 22-year deadline to 30 years and eliminate the 12-year restriction altogether.

Increasing construction costs might justify the extension to 30 years, but eliminating any short-term payback requirement would make it all too easy to build a toll road solely to encourage development.

Indeed, eliminating the short-term repayment requirement essentially concedes that the road won't be needed until its construction generates new demand.

In the process, such an approach would destroy the state's efforts to manage growth in efficient ways.

Florida's major conservation groups recently wrote Gov. Charlie Crist warning of the dangers of putting "roadway planning in the role of driving, rather than supporting and complementing, land-use decisions."

The change appears targeted to help the proposed Heartland Parkway , which would run from Lakeland through some of the last undeveloped stretches of Central and South Florida .

There is no way the project could meet current financial feasibility requirements. But its supporters include many influential landowners, including Sen. J.D. Alexander of Polk County , who's in line to become a future Senate president.

Lawmakers also have increased the bonding authority for turnpike projects from $4.5 billion to $9 billion - without any clue of how that money would be spent.

Essentially, the proposal would give land speculators and developers the run of the Florida Turnpike Enterprise.

Unless it is dramatically revised, Gov. Crist should have his veto pen ready for this trust-me financing plan.

Honestly, sometimes it's hard to believe that Tallahassee is run by the party of fiscal conservatism.

Residents want vote on Callery proposal

By Mitra Malek

Palm Beach Post Staff Writer

Tuesday, May 01, 2007

"Let the people vote!"

This is not an election cry. Instead, it would decide the fate of tens of thousands of acres in central-western Palm Beach County .

In any public forum he can find, Loxahatchee resident John Earley has pushed the concept, sometimes raising posters with the slogan.

"People don't have time to come down here and shout at you," Earley told county commissioners at an April meeting. "The ballot could be real simple."

In immediate terms, he wants residents to vote on whether Callery-Judge Grove can build 10,000 homes on 3,900 acres amid The Acreage. Otherwise, as is customary for land-use changes in unincorporated areas, Palm Beach County commissioners will make the final decision.

He has at least one politician on his side, maybe two. County Commissioner Jess Santamaria, who represents the district with all of the land in question, says residents should decide major land and development issues.

"That has always been my opinion," said Santamaria, elected in November. "I don't think there's enough emphasis on the voice of the people."

Neither Earley nor Santamaria believes most residents in the Loxahatchee area are in favor of Callery-Judge Groves' proposal because of its density. The two want those residents to vote on the project, along with development plans for the larger unincorporated "sector plan" area of about 54,000 acres. But they would be fine with letting the whole county vote instead.

County Commissioner Burt Aaronson has said a referendum would be a decent idea, but only if all county residents can weigh in.

Alas, Palm Beach County attorneys say the rules won't allow for any of this.

Voters still could have a final say, but it would work somewhat backward. If county commissioners voted to change land-use laws, voters could rally for a referendum to amend or repeal those changes by obtaining at least 53,547 signatures. Then, during the referendum, a majority of voters would have to cast ballots in favor of the amendment or the repeal.

"The law is the law is the law, unfortunately," Santamaria said.

But county attorney Bob Banks said there is still a way to get the pulse of the people: through a straw poll.

Earley says that's better than nothing: "It's everybody against a couple county commissioners and a couple developers."

Time is running out. Palm Beach County commissioners are scheduled to meet at 9:30 a.m. Monday to hear the Callery-Judge Grove development proposal in their chambers in downtown West Palm Beach .

Commissioners last year preliminarily approved the project. Since then, residents have spoken out both for and against the proposal, a town of sorts that would include millions of square feet of non-residential space.

The municipalities of Loxahatchee Groves , Palm Beach Gardens , Royal Palm Beach and West Palm Beach oppose the plan.

Sure wouldn't want to burden the folks who can afford beachfront homes with a measure that might lessen hurricane damage when we can make everybody in the state pay through their insurance premiums. Once again a good idea gets shut out.

Senate against shutter mandate for coastal homes

BY SARA LUBBES

TALLAHASSEE - A plan to force homeowners to install hurricane shutters in coastal areas looks like a long shot for passage after the state Senate criticized it Monday.

Saying it could be another financial burden for Florida homeowners already dealing with rising taxes and insurance costs, the Senate came out strongly against the proposal to require homeowners with coastal property worth at least $300,000 to install the shutters if they want a permit to complete other work on their home.

The bill would also require the 1.3 million residents covered under the taxpayer-funded Citizens Insurance program to install the shutters to continue coverage.

Lawmakers argued the proposal, by Sen. Bill Posey, R-Rockledge, would be a particular burden to Florida 's low-income and elderly residents.

"We're just making the shutter industry a lot of money,'' said Sen. Mike Bennett, R-Bradenton.

In other hurricane-related action Monday, Gov. Charlie Crist signed into law a sales tax holiday designed to encourage Floridians to prepare for hurricane season.

From June 1 to June 12, merchants will charge no sales tax on items such as cell phone chargers, flashlights, generators and coolers.

Senators said they supported efforts such as a tax holiday to entice people to prepare for storms. But they said the state shouldn't force people to pay for shutters.

On an average home, shutters can cost anywhere from $2,200 to $15,000.

Legislators in January passed a law that requires any new homes built in the high-risk areas to have shutters.

Posey wants the same requirement to kick in on existing coastal homes worth at least $300,000 once a resident tries to pull a permit for a new roof, hot water heater or lanai installation.

He says it's the only way to make sure the state is prepared when another major hurricane hits.

Otherwise, Florida could end up bankrupt, he said.

"This is not something that I enjoy doing,'' Posey said. "It's not any fun. Nobody enjoys buying shutters.''

While they slammed the shutter idea, senators did agree that Floridians in coastal areas who want to put on a new roof should be required to build a stronger one.

But the debate also highlighted the chaos that can reign in Tallahassee during the last few days of the legislative session.

While they condemned the idea Monday, senators last Friday sent to the House an amendment to a building code revision bill that contained the shutter requirement Posey wanted.

Posey said that means his shutter plan isn't dead yet, even though he admitted "everybody's against it.''

Sure.. and in the mean time developers can keep impacting the schools and roads and services and not pay. When the markets turn around and the impacts start excellerating they won't want to pay impact fees then either. Existing homeowners will end up paying for new growth they probably didn't even want.

Impact fees: Too high for market?

Builders say a rise in school and other fees plus a fall in home sales add up to a troubled economy.

Nin-Hai Tseng
Sentinel Staff Writer

April 29, 2007

TAVARES -- Faced with a meltdown in the housing market, Lake builders have launched an aggressive campaign aimed at persuading county commissioners to say "no" to dramatic increases in impact fees.

The fees are charged against new construction, helping the county keep up with demands of growth on roads, schools, fire stations, libraries and parks.

But builders are fighting significant increases proposed for school- and transportation-impact fees, which combined could add $20,000 to the price of most new single-family homes.

Builders say they've never been so alarmed.

" Lake County used to be an affordable-housing location for families," said Jim Bible, president of the Lake County Home Builders Association. "Now people are being priced out of the market."

The fear is that raising impact fees could further dampen a housing industry that is already in a "depression," according to Don Magruder, vice president and general manager of Leesburg-based Ro-Mac Lumber & Supply Inc.

The average cost of a new home in Lake is about $247,000, according to county officials. The median income for families is about $42,000.

Builders are concerned that the impact fees would price people out of the market and cause a ripple effect on the county's economy, which depends heavily on construction-related jobs.

The association has launched an independent review of a study that suggests school-impact fees increase nearly 150 percent, from $7,055 to $17,513 for most single-family homes built. At that rate, Lake County could have highest school-impact fees in the state.

In February, the Lake County School Board voted unanimously to support the fee increases. But the decision rests with county commissioners, who also will decide on the transportation fees.

School-district staffers were scheduled to present the study on school-impact fees to commissioners April 17. However, the meeting was postponed and has not yet been rescheduled.

School Board Attorney Steve Johnson said the study is being revised to include school-capacity standards found in the county's concurrency plan, a blueprint for how Lake will manage residential growth and curb campus crowding. The current study counts capacity differently, not counting the additional student space provided in schools with larger cafeterias.

Johnson said capacity is important because it determines how much money the school district will need to serve the student population. He said the revised study may lower the suggested increases.

"If you increase the capacity of the school, you're going to lower what is needed for the current student body," he said.

The home-builders association said it questions the accuracy of other parts of the study, conducted by Henderson, Young and Company, a consulting firm based in Redmond , Wash.

Recently, the home-builders group made a public-records request to the school district for the data used in the study. The association has hired a consultant and an attorney to review the documents, Bible said.

"At this point, we're just gathering information and trying to determine if the numbers are correct," said Bible, owner and vice president of Showcase Homes Inc. in Mount Dora .

The home builders also plan to check the study that led to the proposed transportation-impact fee increases -- recommended by another consultant, Tindale-Oliver & Associates Inc., based in Tampa -- that could hike the rate for single-family homes from the $2,583 maximum charged today to $11,392.

Magruder said the county has seen a downturn in the housing market since last year. The construction industry is a top employer in Lake , behind government, education and heath services.

But the bottom has fallen out of the housing market. There has been a nearly 50 percent drop in residential building permits in unincorporated Lake since 2004. The decline prompted the county this month to lay off 12 employees and two paid interns in its building department.

Ro-Mac also has been hard hit. Magruder said the company was forced during the past year to lay off more than 200 of 505 employees.

"This is not affecting the rich and the famous," Magruder said. "This is affecting just regular people."

He suggested replacing impact fees with a fee on real-estate transactions. That way, the costs of growth could be spread among existing homes, not just new construction, Magruder said.

County Commissioner Jennifer Hill said affordable housing has long been an issue for Lake County . She questioned why home builders are so concerned about it now.

"Where were they when property values were skyrocketing?" Hill asked. "Property was being flipped all over the place. Homes were being sold and resold as much as three times a year."

Hill said various factors influence the housing market, not just impact fees.

Commissioner Linda Stewart said the increases are needed, given that the county is behind on a host of school and road projects.

"I don't blame them [home builders] one bit for double-checking the study, but they're going to find that impact fees are a necessity and they need to be raised," said Stewart, adding that the county must also have an affordable-housing component in the fee system.

Nin-Hai Tseng can be reached at nhtseng@orlandosentinel.com or 352-742-5919.

Sugarmill Woods lobbies to move parkway east

By Terry Witt In Sugarmill Woods, birdsong and the wind rustling in the trees are the main background sounds on most days, but a study commissioned by the community’s civic association found that Suncoast Parkway II could dramatically raise noise levels.

The study by Power Acoustics Inc. said noise levels in portions of the community would be three to four times higher if the four-lane toll road were constructed on the community’s eastern border as currently planned. The civic association asked the state to move the highway 800 meters east of Sugarmill.

Florida Turnpike Enter-prise’s top executive rejected the request.

In a March 19 letter, James L. Ely, executive director and chief executive officer of FTE, said moving the road alignment 800 meters would not be considered as part of the re-evaluation of the parkway route.

“The approved alignment was chosen in order to minimize environmental and social impacts along the corridor,” Ely wrote. “Shifting the alignment as requested by the Sugarmill Woods Civic Association is not feasible as part of the re-evaluation.”

He said the FTE is acquiring consultants to update the 9-year-old parkway corridor noise study and would follow federal and state laws and consider all developments in close proximity to the parkway, including Sugarmill Woods. The study would use “future worst case traffic flow conditions as recommended in Power Acoustic, Inc.’s report.”

“This may result in additional sound barrier walls along the corridor,” he wrote.

But Civic Association President Paul “Skip” Christensen said the association doesn’t want barrier walls. He said the association believes the sounds of the parkway would all but disappear if the route were moved a half-mile east on state owned lands — the Annatulegia Hammock.

FTE staff has agreed to meet with Christensen and other community leaders Friday in Ocoee at FTE’s headquarters. The three Sugarmill villages’ presidents sent County Commission Chairman Dennis Damato a letter April 16, endorsing the civic association’s position.

Christensen is hopeful the meeting is a sign that Ely’s “no” is not final.

“My feeling is he had a quick answer, hoping we would go away,” Christensen said. “The fact that he will meet with us; that tells me there’s room for discussion. It’s not a full out no.”

Turnpike spokeswoman Joanne Hurley said Ely’s letter was a specific response to the civic association’s request to move the turnpike 800 meters east of the approved route.

“But we’re going to have a dialogue with the Sugarmill folks on how we may mitigate there,” she said.

The current alignment of the parkway would run parallel with the Progress Energy power lines on Sugarmill’s eastern boundary. Some residents would have a direct view of the parkway from their homes. The analysis of noise impacts said sound levels would increase substantially deep into the community.

Sugarmill was originally platted in 1972 with 8,600 building lots, with about 4,400 currently developed. The community was developed with “wildlife strips” or greenbelts behind every home to retain the rural character and attract wildlife.

The noise analysis found that current background sound levels came primarily from the existing sounds of nature, such as the effects of wind, birds and other wildlife. Minimal street activity was observed Jan. 10 to 12, the days sound monitoring equipment recorded the sounds of life in Sugarmill.

Ely’s letter to Christensen brought a swift and terse reply from County Commissioner Gary Bartell. In an April 10 letter, Bartell cited numerous reasons why he thought the parkway should be shifted 800 meters east and said the Ely’s reply to the association was “frankly unacceptable.”

“It is important that your department make every attempt to minimize the impact of the parkway on the citizens of Citrus County as much as possible as you re-evaluate the path of the parkway,” Bartell wrote. “I am requesting that your reconsider your response and support their request, or you may well lose my support for Suncoast Parkway 2 extension.”

All five county commissioners met individually with FTE officials last week in private sessions. Damato said he came away satisfied that FTE is willing to work with residents.

“My meeting was upbeat and I liked what I heard, that they are willing to work with these people,” Damato said.

North Port sees growth vanish

Money crunch caused by housing collapse could delay projects for years.

By JOHN DAVIS

john.davis@heraldtribune.com
NORTH PORT -- This was supposed to be the year the city made substantial progress on a backlog of parks and other projects that have accumulated for years.

But now North Port budget writers say there won't be enough money for projects such as the new Little League fields parents have long clamored for or the widening of Sumter Boulevard.

The ballparks and Sumter project could be pushed back for years as the city looks at cutting nearly $110 million in spending over the next four years, the latest evidence of looming budget problems here stemming from the downturn in the building industry.

"We've cut back obviously because of the fewer number of homes and commercial (development)," said City Manager Steven Crowell, who is reviewing the city's five-year construction plan.

Perhaps hardest hit by the building downturn and the accompanying decline in impact fees is the city's Parks and Recreation Department, which was planning to spend more than $8 million on a community park with five baseball fields on East Price Boulevard .

Under last year's projections, when the city was still banking on the kind of growth that doubled the city's population during the first five years of the decade, the parks department planned to have some of the fields open by next year's Little League season.

Now, the project is about $6 million short, and when the new fields will be ready is unclear. That is bad news for the dozens of teams that use North Port 's two existing fields each season, creating a scheduling headache for Little League organizers.

"Field time is at a premium," said Mike Steele, a Little League coach who also has three sons who play. Steele said players typically only get one night of practice a week to accommodate all the teams that share the fields.

The shortfall in capital funding also has ramifications for the plans to eventually bring water and sewer service to the more than 60,000 lots that don't have that access today.

Already, the city's Utilities Department is proposing borrowing more than $143 million in the next five years to expand the service across the city.

But the City Commission would have to call for voter-approved bonds to pay for that, and it's unclear if there is support for that right now. And Crowell has said he is wary of borrowing large sums of money right now.

Meanwhile, revenues continue to lag. The city issued just 68 building permits in March, a far cry from the average of 360 a month the city granted in 2005.

"The problem is that things aren't very stable economy-wise," said Commissioner Vanessa Carusone. "It's almost like everything is upside down."

Crowell will give the commission his recommendations on a five-year building plan soon.

Condo Saturation Soaks Developers

By SHANNON BEHNKEN The Tampa Tribune

Published: May 1, 2007

TAMPA - Condos For Sale . The loud signs flaunted from street corners across the Bay area are meant to grab the attention of potential buyers.

Developers advertise slashed prices and promise flat-screen TVs and computers. They put up inflatable gorillas and even pay people to dress as superheroes at busy intersections.

All the hype hasn't worked.

The white-hot trend to change apartments into condominiums has long passed, and developers that overestimated the demand have found themselves with half-empty complexes. Some that tried converting them back into apartments aregrappling with foreclosure. Others are turning in their keys, leaving the lenders with unwanted residential properties they're trying to sell themselves.

For individual buyers who purchased condominium units, they now must deal with uncertain property values and a less-than-promised quality of life: living in the middle of a sparsely filled complex where the majority of their neighbors rent.

Eddie Flom, who has worked with developers on conversion projects in the Tampa Bay area, sums up the situation in one word: greed.

"It's the oldest thing in the American economy," said Flom, of Flom Equities LLC. "Greed, greed, greed overcomes wisdom."

Apartment-to-condominium conversions started locally in the late 1990s and heated up in late 2004 as some developers saw a way to get around high land costs and offer more affordable homes. Units at some apartment complexes, particularly the higher-end ones, sold out quickly.

A handful of developers made so much money, Flom said, that others took notice and jumped onboard. Some of the less experienced developers paid too much for the land and couldn't sell condos for enough to make a profit. "People were trying to make a quick buck off the boom," he said. "Now Tampa is in complete saturation mode."

By 2005, the conversions led to a shortage of apartments as 18,000 rental units were turned into condos, and the occupancy rate at the remaining apartment complexes swelled to 98 percent, according to commercial real estate firm Cushman & Wakefield.

During the same year, 68 apartment complexes were purchased for conversion in the Bay area, up from 11 in 2004, according to New York-based Real Capitol Analytics, which tracks real estate trends. The conversion craze dropped off just as quickly as it heated up. In 2006, 25 complexes were sold for conversion. So far this year, there have been zero.

"It's going to take at least a couple of years to burn off all the supply we have," said Dan Fasulo, a company spokesman.

Some Lenders In A Jam

Developers aren't the only ones feeling the pain. In some cases, lenders are on the hook for loans on complexes where sales have been slim.

At CrossWynde Condominiums, an apartment conversion on U.S. 301 near Brandon , 60 percent of the 453 units are owned by the lender, Mountain Funding LLC of Charlotte, N.C., according to county property records.

The developer, Boca Raton-based Bay Communities, bought the complex and one other in Tampa , The Hamptons at Tampa Palms. Sales were slow, and the developer tried to lease the unsold units. In December, as both complexes headed toward foreclosure, Bay Communities sold them back to the lender for the mortgage amount.

Arthur Nevid, managing director for Mountain Funding, said the lender plans to hold the complex until the real estate market turns around. In the meantime, he said, it has hired a marketing and sales team to sell what it can and lease the rest.

"The market was real hot, and then it hit a wall very quickly," Nevid said. "Two years ago you'd sell 10 units in a day. Now if you sell 10 in a month you've had a good month."

Sales are picking up some, though, he said, citing 13 purchases at CrossWynde in the past three weeks. Nevid said his company, a private lender, is in a good position to hang on to the properties because it has real estate experience. Traditional banks, he said, are more likely to auction off failed conversions.

In Pinellas County , lenders have begun foreclosure on three complexes purchased for conversion, Seaside Villas, Shore Club Pasadena and South Pasadena .

The developers planned to remodel the waterfront complexes and even have pending contracts from some buyers. Construction at all three complexes has halted.

Wachovia Investment Holdings LLC and Fremont Investment & Loan claim the developers defaulted on $90 million in mortgages.

It's difficult to pinpoint how many apartment-to-condominium conversion complexes have gone into foreclosure because public records classify complexes as either "condominium" or "apartment" and don't show which condos used to be apartments.

Mike Kane, chief executive of ForeclosuresDaily.com, said his company's data show hefty foreclosure increases for apartment complexes.

In January, there were 286 apartment complexes in foreclosure, up 267 percent from 78 in January 2006.

Some See Market's Potential

The misfortune of some developers could be an opportunity for others. As some try to unload properties to avoid foreclosure, companies such as The Cypress Co. LLC in St. Petersburg are waiting on the sidelines.

Blake Whitney Thompson, vice president and general counsel for Cypress , is looking into buying distressed properties, including conversion complexes, and holding them until they'll sell for a profit.

Thompson said he has hired Flom, the conversion consultant, and is considering buying a few area condo conversion complexes.

But, he said, he doesn't want to get into the same dead-end situation that some of the other developers are in. So he's picky.

Some developers going into foreclosure are in a bad spot, Thompson said. They can't simply convert the whole complex back into apartments and then sell the property because individuals now own some units. Another problem, he said, is condominium bylaws require developers to keep property in good condition and to set aside a reserve for future expenses such as a new roof.

"I won't buy a partially converted project without working it out with the lender," he said. "And I won't buy unless we can hold on to it for 10 years. You cannot forecast when this market is coming back."

The slow market hasn't been bad for everyone. With prices dropping on conversions, more buyers have been able to afford a home, said Jim Bobbitt, senior vice president at commercial real estate firm CB Richard Ellis.

"With single-family home prices skyrocketing, it's helped people who want affordable, maintenance-free living," Bobbitt said.

Although the trend squeezed some renters out of apartments a few years ago, it's helping them now. Converted condos for rent are plentiful, leaving renters in a good position to negotiate a deal.

Amanda Gates, for example, knew her landlord bought three condos at CrossWynde and needed tenants fast. He wanted $850 a month for the one-bedroom condo. Gates and her husband talked him down to $700.

"We knew he didn't have anyone else," Gates said. "And price was very important to us. We're just starting out."

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

Housing costs spur change

A home for less than $10, 000? It may be $220, 000 today.

By CHANDRA BROADWATER
Published May 1, 2007

SPRING HILL - Realtor Frank Stefaniw smiles when he thinks about clients Chris and Sherry Brant.

But he's just as quick to worry about the couple - one of the latest to move to Spring Hill. Earlier this year, Stefaniw helped them buy their three-bedroom, two-bath home on Banyan Road .

He thinks the Brants, both managers at the Sonic fast-food restaurant on U.S. 19, are good people. Nearly four months after they've moved in, they all still keep in close contact.

"We say 'hi' to Frank whenever we get the chance, " said Chris Brant, 31. "We got lucky to have a Realtor like him."

But Stefaniw worries about their financial future. The couple, both in their early 30s, live in a Spring Hill that's much different than it used to be.

As the community celebrates its 40th anniversary, it's evident that the Mackle brothers' offerings of a cheap chance at basking in the Florida sunshine isn't so cheap anymore.

In 2005, the median sale price of a home was $155, 500, compared to the most expensive $20, 600 homes for sale back in 1967. The cheapest ones cost about $8, 500 then.

"Years ago, the two-bedroom, one-bath homes were fine for seniors to retire, " said Stefaniw, 42, who works with Marie Powell Realty in Spring Hill. "But now, families are moving here. The demand for larger homes has increased. And with the increase in people, the county needs more money. There are taxes, insurance and all kinds of other expenses that didn't exist before.

"It's not what it used to be by a long shot, even compared to when I moved here in 1998."

The Brants signed a zero-down, 30-year mortgage for the $175, 000 home, built in 1988 on land owned by the Deltona Corp.

Instead of using the savings they had to put money down on the house, the couple decided to spend the money on the cost of moving, some remodeling and redecorating.

Although they plan to refinance in a few years, Brant said, it just made sense for them to do it that way.

"As far as the financial side of it goes, we didn't like the idea of jumping through hoops for a bank. Our mortgage is as much as it was for the house we rented in Ellenton. It's nice to be able to have the future of owning something."

But 40 years ago, couples moving to Spring Hill had the option of putting as little as $76 down and paying $15.50 a month for a home. They could buy one for less than $10, 000 over time - much more manageable for the average working family than prices today, regardless of how much inflation has affected prices.

And, they didn't move to Florida with Humvees to park in the driveway, as is the case now in some of Spring Hill's ritzier neighborhoods. Original pioneers came mostly with furniture and savings, if that.

Since the Brants' house was built in 1988, county property records show it has steadily increased in value. In five years, the home went from $15, 000 to $65, 000. By 2003, it was sold for nearly $83, 000, and by 2004 for $115, 000. That same year, the owners put in the pool that the Brants liked so much when they bought the home in February.

Evidence of change in their quiet neighborhood is shown by the much larger homes a few streets over in Plantation Estates. The owners of a home for sale on Aldoro Avenue say buyers can get an "immaculate mini mansion, " 2, 439 square feet, built in 1997. There's also a pool with a waterfall. The cost: $340, 000.

Along with more expensive homes in Spring Hill have come more affluent residents. For example, U.S. Census data from just the first half of this decade show that the median household income in Spring Hill jumped nearly $10, 000, from $32, 861 in 2000 to $41, 735 in 2005.

And whether it's been people who come to the county looking for very large homes or those like the Brants who seek what they can afford, all residents continue to increase the demand for services they want to meet their way of life, said Pat Fagan, a longtime county resident who currently lives in Spring Hill.

Fagan also serves on the Hernando School Board and as director of the county Parks and Recreation Department. The growth has hit hard, and at a time when officials continue to play catchup, he said.

"When Spring Hill was built, it was not built to accommodate what it is today, " Fagan said. "We're having to spend money to upgrade the roads, parks and schools. We could build a new park next week, and six months from now we could be getting requests to build another one because of the number of families moving into the community."

For Stefaniw, who moved to Spring Hill from Hackettstown, N.J., nine years ago, the surge in prices and growing affluence have been phenomenal - even for a place still considered much more affordable than cites such as Tampa or St. Petersburg.

"My home when I bought it was $76, 000, " Stefaniw said. "Now, even in this slower market, it's about $250, 000. For a decent three-bedroom, two-bath, it costs at least $220, 000. And when you compound taxes on top of that, maybe about $3, 000 or $4, 000 for someone moving in - that's a lot of money. That's what it's like for newbies."

That's why he says he will make sure to remind the Brants to refinance as soon as they can, so they don't end up like so many others: in foreclosure because of homes they couldn't really afford.

The Brants' mortgage terms are such that even after they pay the home off, they'll still pay again on the interest balloon payment due after that.

"And maybe they won't end up like me, working all the time to live here in Florida , " Stefaniw said.

"In the time I've been here, I think I've been to the beach once."

Chandra Broadwater can be reached at cbroadwater@sptimes.com or 352 848-1432.


Ex-developer ordered sent back to prison

He was found guilty of six probation violations.

By Paul Pinkham, The Times-Union

Twenty years after masterminding a $40 million land fraud, former Jacksonville attorney and developer Ellis Neder was ordered back to prison Monday for engaging in land deals with known felons in violation of his probation.

Senior U.S. District Judge Harvey Schlesinger, the same judge who sentenced Neder to prison in 1992, sent him back for nine months, the maximum sentence under non-binding federal guidelines.

The sentence came after the 64-year-old Neder's emotional plea to remain free. He said he didn't realize that his work as a paralegal for real estate lawyers was wrong.

"All I was trying to do was make a living," he told Schlesinger. "It's hard to think about going back to prison."

But the judge said he was particularly concerned that Neder was involved in an Ortega real estate deal in January after Neder had already been charged with probation violations and allowed to remain free on bail.

"Can the court have any confidence in Mr. Neder?" Schlesinger asked.

A jury convicted Neder in 1992 of 73 counts of fraud, racketeering, conspiracy, filing false income tax returns and lying to financial institutions. The land-flipping swindle was blamed for the collapse of four lending institutions.

Neder was released from prison in 2001 to begin a five-year period of supervised release that included $25 million in restitution.

But federal probation officials charged him last year with failing to pay as much as he could and for participating in condo conversion deals with two men he met in prison. Evidence against him included a rambling deposition he gave in 2005 after a Beauclerc deal fell through involving a South Florida company owned by the fiancee of a felon he met in prison.

"The defendant spent nine years in prison, and all I can see he learned was networking," Assistant U.S. Attorney Frank Talbot argued. "It is arrogance - amazing arrogance."

But court-appointed defense attorney Mitchell Stone argued that Neder was simply trying to eke out a living and pay his restitution using the only skills he had.

"He was engaging in a tightrope walk," Stone said. "He was not trying to hide anything."

Schlesinger found Neder guilty of all six violations the U.S. Probation Office charged him with. He said Neder could have asked him to modify his probation or he could have consulted with his probation officer about what he was contemplating to avoid being in violation.

"If you have a question, ask your probation officer," the judge told Neder. "That's what they're here for."

paul.pinkham@jacksonville.com, (904) 359-4107

Environmentalist saying goodbye to Volusia County

By MELANIE STAWICKI AZAM
Staff Writer

NEW SMYRNA BEACH -- North Causeway resident Lee Bidgood just needs to look out his back window to remember how he began his long journey as a local environmental advocate.

"That big salt marsh is what got me into environmental issues," said the 85-year-old retired chemist in his backyard, recalling plans in the 1980s to develop it. "It didn't sound right to me."

Bidgood also is constantly reminded why he got involved, as he and his wife of 58 years, Catherine, watch manatees cruising down the canal behind their home. Both avid birdwatchers, they sometimes don't get around to finishing their breakfast, instead watching the numerous birds moving among the nearby mangroves.

But the longtime New Smyrna Beach residents, who moved here in 1979, will soon be saying goodbye to the area, having decided to move to a home in a lifetime care retirement community in Gainesville in June.

"It breaks our heart to leave it," said Bidgood, who talked about fishing and crabbing with his four grandchildren from his backyard sea wall.

But he and his wife, who have four grown children, said although they are both still in good health, they believe this is the right decision for the future. Despite the slow housing market, they sold their house, which is equipped with solar panels, in just a few days.

They plan to take college classes through the community, which is affiliated with the University of Florida , and remain active in birdwatching, the outdoors and the environment.

"They don't realize they're going to get a pest," Lee Bidgood said with a grin.

Meticulously organized, he has files on all the different environmental cases and topics he's been involved in over the years.

Global warming is one of his biggest concerns -- he said he fears how it will affect his grandchildren's lives. He recalled a Florida State University workshop on the issue he attended in 1992, where he heard former vice president Al Gore speak about the relationship between carbon dioxide and temperature.

"I think (Lee) saw the imminent danger, before many people, of the dire consequences it would do to the world -- particularly Florida," Reid Hughes, another longtime Volusia County environmental activist, said of his friend's interest in global warming.

Hughes has known Lee Bidgood for about 33 years, working with him on fighting urban sprawl, environmental devastation and "the various bad government that came along."

Over the years, Lee Bidgood pushed for the establishment of Smyrna Dunes Park and protested altering spoil islands in the Intracoastal Waterway . He also opposed projects involving a scallop plant and gambling boat on the city's waterfront site, known as the Swoope property, in northern New Smyrna Beach .

"I would hope that eventually we could put in a public boat ramp out there at Swoope and maybe a park," he said.

Environmental lawyer Clay Henderson said Bidgood fights for causes he believes in without being shrill or losing his cool.

"People respect Lee because he studies the issue, he is principled and he teaches people," said the New Smyrna Beach resident, who has known Bidgood through the local Audubon Society and his work on environmental issues for about 20 years.

Henderson said his friend is "an institution" known for his passion for wetlands protection and solar and alternative energy. He described him as "a crusading citizen --somebody who makes a difference by being involved."

Hughes and Henderson both said they were surprised and saddened to hear that Bidgood is moving away.

But Catherine Bidgood said, "I think Lee's going to work as hard up there as he has here."

County evicts park dwellers

By BARRY FLYNN
Staff Writer

BUNNELL -- The handful of full-time Bulow Plantation RV Park residents who have not already agreed to leave will be evicted despite emotional pleas Monday to the Flagler County Commission.

The property owner, Equity Lifestyle Properties Inc., got what it wanted from commissioners: a change in its planned unit development agreement with the county that specifically limits occupancy to six months and sets standards for a more-permanent manufactured housing "park model" the company already has started installing.

Full-time park residents did not get what they wanted: assurances they could continue indefinitely as part of a mobile home community of mostly retired people in which some of them have lived more than two decades.

The commission tried for a compromise. Members agreed that for the next three years the county would continue to ignore -- as it has for decades -- violations of the existing ban on residency for more than six months at a time.

In the meantime, Equity Lifestyle Properties is free to seek eviction of residents on its own.

"This is my home," Cheryl Beatty told the commission, her voice cracking. "This is where I live. I don't have any other place to go."

In a letter dated March 26, the company demanded residents sign an acknowledgment that they were transients or leave by Monday.

"If they knew six or seven years ago" that residents were limited to six-month stays, "why did they wait till 15 days ago to tell us?" Beatty asked.

With more warning, she said, "we could have sold our homes to someone who would stay six months."

For many residents, the issue revolves around the investments they have made in buying mobile homes, improving them and surrounding properties with central air conditioning, porches, screened rooms and other additions. Much of that will be lost, they said.

Al Hadeed, the county attorney, told commission members they had no choice but to enforce the development order governing the property and the agreement that prohibits permanent residency on the 47-acre RV park. He came up with the compromise that protects current long-term residents from county enforcement while Equity Lifestyle Properties pursues other avenues of uprooting them.

The three-year limit on county action does not guarantee residents of that much time in the park. Eviction action -- or some negotiated settlement between residents and the property owner -- might be completed long before that, Hadeed said.

Equity Lifestyle Properties, a publicly traded company based in Chicago , owns scores of RV and mobile home parks, including many in Florida . One is Holiday Village mobile home park in at 1335 Fleming Ave. in Ormond Beach . A resident there, Anna Marie Marley, has written to Gov. Charlie Crist complaining that she is unfairly being evicted from that property.

In Monday's Flagler hearing, the argument from Equity Lifestyle Properties' local lawyer, Mary D. Hansen, and testimony from about 10 residents who pleaded their case lasted about 5 1/2 hours. Commission members expressed sympathy for residents. The vote was 4-1 in favor of granting the change in the PUD agreement, with Commissioner George Hanns opposing.

Hansen said after the meeting that among 88 year-round residents of the park, 56 had signed the acknowledgment they are transient residents and, therefore, must leave after six months.

"At least 13 have protested" and would be covered by the County Commission 's "hiatus" against enforcement while evictions were pursued, she said. "And a few have disappeared into the night."

As for when eviction proceedings might begin, Hansen said after the meeting: "I don't think we're in any hurry to start -- 36 months is adequate. Until there is actually a court order or a settlement agreement, they'll be able to stay."

Asked why the company sought the residents removal, Hansen said: "We don't really want permanent residents."

St. Johns gets $13 million

Mayor celebrates allotment for ailing river; King urges finding more reliable funding
By J. Taylor Rushing, Capital Bureau Chief

TALLAHASSEE - Florida 's new state budget will pour $13 million into the ailing St. Johns River, according to preliminary figures that represent a potential major victory for First Coast lawmakers who wrung more money this year from a state budget with less revenues.

The funding - credited to Sen. Jim King, R-Jacksonville, Rep. Mark Mahon, R-Jacksonville, and Gov. Charlie Crist - has been the top priority of Jacksonville Mayor John Peyton for the past two legislative sessions. Peyton, who was at the Capitol Monday to meet with Crist and Duval County legislators, called it "a huge victory."

"This speaks to the capability and effectiveness of our delegation," Peyton said.

The St. Johns funding isn't final because the budget has not been officially approved by lawmakers. That is likely to happen Friday, when both the House and Senate are scheduled to adjourn by midnight.

Northeast Florida received $10 million for the project last year, when the state was enjoying a revenue boom, but many observers were expecting less this year because the state is preparing a budget of about $71 billion - 3 percent lower than last year - because of declining revenue.

"Frankly, we were a little surprised that we were able to get $13 million, given the lean nature of the year," Mahon said. "I don't think anyone could overstate the value of Jim King. He deserves a tremendous amount of credit."

King, however, was one of several voices who called for a more forward-thinking approach to the river and its funding. The state, the city and the JEA have launched a 10-year, $700 million cleanup project for the St. Johns , called the River Accord, which is a mix of cleanup and prevention efforts aimed at restoring the river.

King said that since state funds can't always be counted on, city officials and river advocates need to be exploring other, more reliable revenue sources.

"The good news is, we came together to do what most people thought was going to be impossible to do," King said. "The bad news is that we cannot continue to do it piecemeal. We are going to have to put our heads together, because you can't do this with $10 million or $15 million at a time."

King and former House Speaker John Thrasher, now a Jacksonville lobbyist who helped with the river allocation, said several ideas are possible, such as capturing a portion of gasoline taxes for the river.

St. Johns Riverkeeper Neil Armingeon also suggested using the area's congressional delegation to summon federal help, similar to the joint state-federal cleanup project in the Everglades .

"On so many levels, the river is just the key natural resource in Northeast Florida , and as such it deserves the attention it's getting," Armingeon said. "But we'd like to see Mel Martinez and Bill Nelson and Ander Crenshaw start taking an interest in this. So far, we haven't seen that."

Peyton agreed with the need for a broader approach but noted the First Coast 's congressional representatives have already helped steer cleanup grants to the area through the U.S. Environmental Protection Agency.

"But we do need a long-term, sustainable model," Peyton said. "We've been successful for two years now, but our long-term need is so great."

Several legislators credited Crist with following through on a long-standing pledge to support funding for the river. The governor's approval is critical to ensure the funding stays in the budget once it is approved.

"There are tons of rivers in the state, but the Caloosahatchee, the St. Lucie and the St. Johns need a lot of help," Crist said. "I'm pleased with what apparently has been appropriated."

jt.rushing@jacksonville.com,

Drilling plan includes area off Florida

CORY REISS

Sun Washington Bureau

WASHINGTON - Interior Secretary Dirk Kempthorne released a five-year offshore drilling plan on Monday that would set in motion oil and gas leasing off Florida that Congress approved in December.

The department expects to begin leasing in a large tract south of the Panhandle in October, followed next year by leasing in a smaller section to the east. A third lease sale in a vast tract further south in deeper Gulf waters is scheduled for 2009.

The plan, which covers July 2007 through June 2012, also calls for leasing in waters off Virginia that are now off limits and would expand production off Alaska . Congress would have to pass a law allowing the Virginia leasing, which the state Legislature requested under conditions that Kempthorne said the department has met.

"This program gives great weight to the desires of coastal states regarding oil and gas development near their shores,'' Kempthorne said.

All told, he said, the plan sets 21 lease sales and opens about 48 million acres where drilling has not previously been allowed, including 8.3 million acres in the Gulf of Mexico that begin 125 miles south of the Florida Panhandle and 234 miles west of Tampa Bay. The plan for the Gulf adheres to legislation that was the subject of protracted negotiations and battles with lawmakers from Florida .

Congress has 60 days to block the plan or Kempthorne would implement it.

The department estimates the entire plan would produce 10 billion barrels of oil and 45 trillion cubic feet of natural gas over 40 years. The new Gulf of Mexico waters are believed to contain 637 million barrels of oil and 2.8 trillion cubic feet of natural gas.

The legislation passed by Congress to allow drilling east of the Alabama-Florida landline also requires the department to share royalties from new drilling in the Gulf of Mexico with Alabama , Mississippi , Louisiana and Texas .

Florida gave up its share to win the buffer zone that will keep drilling far from shore until at least 2022.

City unveils $162 million water plan
Work begins on advanced water treatment plant
By Julian Pecquet
DEMOCRAT STAFF WRITER

By this time next year, the water you use could find new life by irrigating the greens at the SouthWood Golf Club, the athletic fields at Florida High and Pope John Paul II High School and other southeastern parts of town.

The city broke ground Monday on a $4.4-million water re-use facility that will enable Tallahassee to re-use its wastewater on publicly accessible areas, thanks to advanced water treatment.

The new plant is part of more than $160 millon in planned improvements to the city's water operations aimed at cutting down on nitrogen that has been seeping into the ground and making its way to Wakulla Springs. Being able to depend on re-used water for irrigation will also preserve the state's groundwater supply for drinking.

" Tallahassee is enhancing environmental stewardship like never before," Mayor John Marks said.

The city currently treats all of its water, but doesn't clean it enough for it to be used elsewhere than the
Southeast Farm facility, where public access is limited. The spray field receives about 18 million gallons of treated wastewater a day.

The new facility will be able to take about 1.2 million gallons out of that, with the potential to grow to twice that amount, said Jim Oskowis, the general manager of the city's water utility.

"This water has a higher level of disinfection, to all but eliminate any bacteria in the water," Oskowis said. "It's cleaner."

The city is paying for $3.1 million of the cost, with the Northwest Florida Water Management District paying $1.3 million and the St. Joe Co. donating the 4-acre site. Officials with the Florida Department of Environmental Protection provided encouragement and help with permitting.

"The entire state of Florida is in some level of drought condition," said the department's secretary, Michael Sole, who attended Monday's groundbreaking.

He said the period between November 2005 and March 2007 was the third driest in Florida since record-keeping began in the 19th century.

"Re-use or reclaimed water is a very good opportunity in that it's a drought-tolerant source of water," Sole said. "As potable water supplies become more and more scarce ... reclaimed water as an irrigation source ... continues to be generated through our waste-water treatment system."

Sole said about 45 percent of the water in Florida is reused in some way, although less than that is clean enough to be used for irrigation and other public uses.

Oskowis said the price of drinking water was about $1.29 per 1,000 gallons, with 10-year contracts for the irrigation water at 55 cents per 1,000 gallons. The re-use water price is expected to rise in the future, he said.

The technology at the new plant - unlike the proposed upgrades to existing wastewater treatment plants - is not expected to cut down on nitrogen. But Oskowis said merely expanding the fields the water can be dumped on automatically reduces the amount of nitrogen that seeps into the earth.

"If you use it for irrigation," he said, "you're going to increase the uptakes of nutrients because people are going to use it when they need it and it's a wider area of application."

Lake cleanup planned while water is low

BY CURTIS MORGAN

cmorgan@MiamiHerald.com

OKEECHOBEE -- As the waters of Lake Okeechobee recede toward an uncharted low, state water managers said Tuesday they would try to mine something good out of an increasingly grim situation.

They're planning to spend $7 million to move backhoes and dump trucks into western portions of the lake bed to excavate and haul away a festering source of pollution -- a black ooze of sediment, decaying plants and algae laced with pollutants from farms, cattle pastures and suburbs.

That way, the water may be a little cleaner and clearer as rain refills the lake. But the prospects for the lake rising again anytime soon don't look promising.

The lake, at 9.65 feet above sea level on Tuesday, was on pace to drop more than a foot over the next three weeks to a month and break a record low -- a recession compounded by windy, sunny days that have amped up evaporation rates.

Florida 's state meteorologist said he doesn't see any help on the horizon until the summer rainy season kicks in. By that time, the lake may be so low, South Florida could enter next year in even worse shape.

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