County, Developers Shouldn't Overlook Established Property Rights

Published: April 20, 2008

In the overall scheme of the daily goings-on in Pasco County, it may not seem like a big deal that members of a Wesley Chapel church are protesting a movie theater's request to serve alcohol. Some may even argue the opposition is to be expected.

But there's more at stake than whether a business is allowed to serve adult beverages. It's the property rights of an established group - in this case a church. Too often, those rights are trumped by newcomers - in this case a movie theater.

Look at it this way: Faith Baptist Church was there first - a fact that deserves more respect. And it is very established. Residents worship there, and many of their children attend school there.

On the other hand, Cobb Theatres' complex is under construction.

The problem is that the church is 827 feet from the 16-screen project. Pasco's zoning rules rightly protect churches in this predicament, prohibiting the sale of alcoholic beverages within 1,000 feet of places of worship.

Here's another problem: County commissioners have the authority to grant exemptions. The board has favored the adult beverage industry enough in recent years - allowing alcohol to be sold starting at 11 a.m. on Sundays, up from 1 p.m., four years ago and granting an exemption similar to the one Cobb wants that allowed a liquor store near a Land O' Lakes church in 2005.

Cobb needs to be a good neighbor and do the right thing by dropping its request to serve alcohol. The company is being rude, frankly, by even pursuing the request because of the complex's proximity to the church and school.

Although the mall has changed the area's landscape, the request is still akin to a new neighbor moving in and altering the lifestyle of the neighborhood. Or a big-box store or major subdivision being allowed too close to a rural neighborhood whose residents shouldn't have to put up with the noise, traffic issues or change in lifestyle.

Faith Baptist will have enough trouble dealing with traffic when the mall is built out. It's absurd to think the church wouldn't be affected by the behavior of patrons who have had one too many.

If alcohol sales are so important to the theater's future operations, Cobb officials and developers should have done better math and found a more suitable location on the site of the mall - more than 1,000 feet away from the church. A rule is a rule. The buffer needs to be respected.

This issue isn't about whether you're a teetotaler or would like to enjoy an alcoholic beverage at a movie. It's about whether county rules should be bent for a business under construction, against the wishes of members and leaders of a neighboring property that already exists.

And the answer is no. It would be an intrusion, and it's not essential for the new business' success.

The existing property rights of residents, churches and others deserve to be protected when new neighbors build. Giving newcomers unnecessary breaks from reasonable rules only leads to more distrust of government because those who were there first often feel they're second-fiddle. County commissioners need to be mindful of that, deny Cobb's request and stand by existing regulations.

UCF scientists study cattle ranching's role in wetlands

Amy C. Rippel

Special To The Sentinel

April 20, 2008

Three University of Central Florida scientists have set out on an ambitious project -- help determine how best to preserve the state's wetlands and the cattle that thrive there.

UCF professors John Fauth, David Jenkins and Pedro Quintana-Ascencio have spent the past two years working with the MacArthur Agro-Ecology Research Center in Lake Placid. They've delved into one of the largest studies ever done on wetlands, a project likely to take several more years to complete.

Jenkins said the study is valuable to Florida because it looks into two important aspects: cattle ranching and wetlands.

"Before I came to UCF in 2003, I had no idea that Florida was so important to the cattle industry nationwide. It is, and I think that fact is probably not common knowledge among Florida's citizenry," he said.

"I think Florida's cattle ranches are undervalued for their place in the history, economy and culture of Florida, and that Florida needs to consider them as more than acreage that can be turned into subdivisions," he said.

Wetlands are vital to the state's cattle ranches, the scientists said. They are excited about the effect of this project because it could help ranchers get more from their land.

The study is taking place at the research center -- a 10,500-acre working cattle ranch in Highlands County that is also home to many species, including wood storks, bald eagles and black bears. The U.S. Department of Agriculture's Managed Ecosystems Program is paying for the study.

The UCF professors teach a variety of topics, including biology and ecology. They travel to the research center several times a year to study the land.

"We work very hard and long hours when we're there, but it's very peaceful -- beautiful skies and nice and cool at night," Fauth said.

Jenkins said they are testing how prescribed burns, fertilizers and cattle grazing affect the wetlands.

"Most wetland scientists can guess well what should happen with any one of those, but the simultaneous and interactive effects are not clear," he said. "We're studying 40 wetlands, akin to an experiment in a lab with 40 test tubes or a greenhouse using 40 pots.

"That's no big deal in a test-tube rack or a greenhouse. But it is another scale altogether to pull this off in 40 different ecosystems."

Jenkins said, in the end, the study could help the public -- including ranchers -- understand and value the wetlands.

"Florida has already lost more wetland acreage than any other state, and we stand to lose more as we change land use," he said.

"I think this study is important to Florida's wetlands because we will help figure out what makes them tick and thus how to better manage the wetlands we can keep."

See related story on page J1.

Plan to tap St. Johns River alarms eco-activists; water district downplays fears

Kevin Spear

Sentinel Staff Writer

April 17, 2008

A national environmental group today named the St. Johns River one of the 10 most-endangered rivers in America because of Central Florida's growing thirst for drinking water.

Though some take exception to the designation, the American Rivers organization says it is alarmed over plans to take millions of gallons of water from the scenic river that meanders 310 miles past Orlando north through Jacksonville.

Central Florida wants the water to serve its growing population, but Jacksonville-area officials and environmentalists have filed legal action to stop that from happening.

Rebecca Wodder, the group's president in Washington, said the "backward approach to just suck more water out of the river" ultimately will destroy the St. Johns while doing little to effectively meet the region's thirst.

"There's plenty of water now if we just use it wisely," said Wodder, who called on residents, water authorities and state officials to spare the St. Johns River through more aggressive conservation.

Kirby Green, director of the St. Johns Water Management District, which oversees the river, said improved water efficiency can spare the river temporarily.

By one district estimate, a 40 percent cut in water use by Central Florida residents will delay having to tap the St. Johns River for nearly 15 years.

But Green said that would be possible only with a profound change in attitudes.

For that reason, he welcomed additional attention brought to the St. Johns by the American Rivers group.

"This debate has been the best thing in the world," Green said. "It's elevated the issue of conservation well beyond what we've done before."


'I don't think it's a report'

At the same time, Green bristled at the American Rivers charge that taking a limited amount of water from the St. Johns would "destroy" the river.

He said his agency has gone to great lengths to study and protect the St. Johns, but the environmental group brought little fact or science in designating the river as endangered.

"I don't think it's a report," Green said. "It's a position paper. It expresses the views of its writers."

The American Rivers organization acknowledged that its "endangered" label is based partly on science and partly on an attempt to gauge political, social and economic pressures that could impact a waterway.

The group has put out an annual list since 1986 and during that time has labeled nearly 250 of the nation's rivers and waterways as endangered. Among them were the Florida Everglades and the Peace and Caloosahatchee rivers.

Most years, 10 rivers are chosen from nominations by other environmental groups. Nearly 60 were submitted this year.

In the case of the St. Johns, water managers and a state administrative-law judge will decide in coming months whether Seminole County should be granted a permit to pump 5.5 million gallons daily from the river.

That's a fraction of overall flow. But it's seen as potentially opening the door for proposals to pump as much as a quarter-billion gallons daily from the St. Johns and a tributary.


River's advocate worries

What happens then to the river's salt content, pollution levels and overall health worries the St. Johns Riverkeeper, a group in Jacksonville that nominated the river for the endangered list.

"For the next several days, the plight of the St. Johns is going to be discussed on a national stage and in every major newspaper in the country," said group leader Neil Armingeon. "We don't know whether to celebrate or cry."

The fate of the St. Johns River already has been made central to legal warfare between Central Florida and the Jacksonville area, which during the past year has become much more outspoken in defending the river.

Many of the rivers named by American Rivers as endangered face a more narrowly defined adversary, such as a road, factory or logging operation.

But for the St. Johns, the potential culprits are people who don't yet live in Central Florida.

To make room for them, authorities say new sources of water must be tapped. The traditional source -- the underground Floridan Aquifer -- is being squeezed for all the water it can provide without harming springs and lakes.


Water-saving proposals

District officials have been criticized in the past for not pushing harder to carry out more-stringent conservation requirements.

The most recent figures available show Orange County in 2005 using an average of 173 gallons per person per day. That's far more than the average of 147 gallons per capita in all of the St. Johns River Water Management District.

Among restrictions now in place is a rule that district residents can't irrigate their lawns more than twice a week and not during the middle of the day.

But the district proposed recently to limit lawn watering to once a week during cooler months, possibly November through March.

The district's staff also proposed an end to allowing unlimited use of treated sewage and storm water for lawn irrigation.

Those measures will undergo public review this year and not take effect until early next year if adopted.

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

 

Loggerhead Nests Drop By 4,600 In State

Published: April 19, 2008

Updated: 11:44 pm

Spotting a loggerhead sea turtle waddling back to the surf, or even discovering a flipper-mark trail to the water or a caged nest of eggs, is among the special joys of Florida beachgoers.

But such sightings are becoming less and less frequent.

Florida accounts for 90 percent of the nation's loggerhead nests, which have dwindled by half since 1998. The most recent count, according to figures just released, shows the state down another 4,692 nests. Just 45,084 were counted last year, the Florida Fish and Wildlife Conservation Commission says.

"There is not a simple answer to this," says Anne Meylan, who coordinates the statewide nesting beach survey program. "That green turtles and leatherbacks are doing so well on these same beaches says that something is going wrong specifically for the loggerheads."

Disease, oil spills, red tide and boat collisions kill many sea turtles, she says. Beach development also takes a toll on all wildlife. But the loggerheads' drop-off - they're on the U.S. threatened species list - can be blamed in large part on shrimp boat nets and long-line fishing hooks. Unlike some sea turtles, loggerheads go after shrimp and other hard-shelled invertebrates, which puts them in particularly dangerous situations.

"There has only been a rule for a few years that shrimp fisheries must use nets with turtle excluder devices," Meylan says.

"Loggerheads take up to 30 years to begin reproducing, but live to between 50 and 100. So, it will be decades before we begin to see a positive impact on their numbers because of the turtle excluder devices, called TEDs, that allow them to escape."

David Godfrey, executive director of the nonprofit agency Caribbean Conservation Corp., blames long-line fishing for most of the loggerhead losses.

"They began fishing with massive vessels with miles of baited hooks about 20 years ago," he says. "The first loggerheads lost from being snagged by those hooks should be maturing and nesting on our beaches right now, but they are not.

"The reason leatherbacks and green turtles are still thriving with nests increasing is because leatherbacks feed on jellyfish almost exclusively and green turtles eat seagrass and algae."

Those species are not as prone to go where the nets and hooks are.

Pinellas County is not terribly significant in regard to the future of loggerheads, according to Meylan. Last year, Brevard County had the most nests - 14,829, compared with Pinellas' 78. Hillsborough County had 21 both years.

"Pinellas is not one of the better counties in addressing the effects of lighting," Meylan says. "Artificial light distracts hatchlings and disorients adults. They wander into roads and get hit by trucks and cars. The light on the horizon is what attracts them, but they get fooled by streetlights and car lights."

The TradeWinds Island Resorts on St. Pete Beach made a big effort to help. "They swapped out every ocean-facing light for one with a different wave length that doesn't distract turtles. They shielded other lights and shut off spotlights during nesting season."

Nesting begins in April, peaks in June and July, and ends in September, with 90 percent of nests on the Atlantic side of the state.

On the Gulf Coast, Sarasota County was the top nesting site with 1,592, down from 1,960 the year before.

"Loggerheads are like the canary in the coal mine," Godfrey says. "It tells us a lot about the health of the marine ecosystem if they are declining. The nutrients they bring ashore are important to healthy sand dunes with prospering sea oats and sea grapes."

Godfrey's Gainesville-based organization is lobbying the fishing industry to switch from j-hooks to circle hooks because they will not snag loggerheads.

"We are losing the loggerheads everywhere in our state, and they are an important part of the marine ecosystem," Meylan said.

"Some beaches among the 196 we survey had no nests for the first time. Locals and tourists miss seeing them. People just love them."

BY THE NUMBERS

4,692

Decline in number of loggerhead nests in Florida, 2006 to 2007

7,782

Increase in number of green turtle nests in Florida, 2006 to 2007

902

Increase in number of leatherback nests in Florida, 2006 to 2007

14,829

Loggerhead nests in Brevard County in 2007 (the most in Florida)

78

Loggerhead nests in Pinellas County in 2007

Source: Florida Fish and Wildlife Conservation Commission

Reporter Steve Kornacki can be reached at (813) 731-8170 or skornacki@tampatrib.com.

Is Phosphate Institute Biased?

Environmentalists See Little Benefit in Mining Research, but Center’s Directors Say It Helps Environment

By GREG MARTIN

Staff Writer

The Florida Institute of Phosphate Research conducts too much research to support the phosphate mining industry and not enough to protect the environment, according to several environmental advocates.

But the institute’s research directors argue that its research to support the industry also helps the environment, because it leads to more efficient mining practices. And that conserves resources such as energy, water and land, said Paul Clifford, executive director of the institute.

“As a sidelight, when an industry operates more efficiently, it usually becomes a better steward,” added Steven Richardson, research director for reclamation studies at the institute.

Located in Bartow, the institute was established by the Legislature in 1978 to provide scientific information about both the environmental and health effects of phosphate mining and improvements in mining efficiency.

Specifically, Chapter 378.101 of Florida Statutes empowers FIPR to sponsor research on radiation, water consumption and “other environmental effects of phosphate mining and reclamation as may from time to time be deemed reasonably necessary by the institute for the health, safety and welfare of the citizens.”

The institute gets around $3 million to $4 million per year in state revenues derived from a portion of the state’s severance tax on phosphate mining. That would amount to some $100 million over the past 30 years.

At least one environmental advocate, Glenn Compton, chairman of the organization Manasota-88, has recently called for the Legislature to abolish the organization. Compton has also requested the Office of Program Policy Analysis and Government Accountability, an arm of the Legislature, investigate to determine whether FIPR has met its legislative mandate.

OPPAGA has declined the request.

Compton argues that FIPR has spent millions of dollars studying how to make use of its chief waste product, phosphogypsum, despite the fact its use would conflict with a standard for radiation set by the U.S. Environmental Protection Agency.

Yet, FIPR has never supported a comprehensive areawide study on the cumulative impacts of mining, something the public has long requested, Compton said.

“They’re missing one of their biggest legislative intents, which is to evaluate what phosphate mining is doing overall to the state of Florida,” he said.

He suggests FIPR’s funding be diverted to state agencies that regulate mining and land conservation acquisition projects in the Central Florida phosphate mining area.

A review of dozens of scientific reports published by the institute over the past three decades shows it has conducted numerous studies on how to improve the recovery of phosphate from the ore, find uses for such waste products as clay slimes and phosphogypsum, and improve the way mined-out landscapes are rehabilitated.

FIPR has also conducted about a half-dozen studies to determine whether elevated levels of radioactivity commonly found on reclaimed mine sites pose a risk to humans, fish, birds, turtles, alligators and armadillos.

Those studies have concluded, in general, that while some of the animals were found to have higher-than-normal levels of radioactivity, the levels were so low they posed no health concern.

Paul Clifford, FIPR executive director, pointed out that urban development and agriculture also cause impacts to the environment.

“Those uses of the land are permanent,” he argued. “Phosphate mines are temporary.”

When told of that comment, Marion Ryan of Bartow laughed heartily.

There’s nothing temporary about the landscape changes wrought by mining, she said.

As the Bone Valley issues chairwoman for the Florida Chapter of the Sierra Club, Ryan has provided input on phosphate mining issues over the past 20 years, including as a former member of FIPR’s own policy and education committee.

She said she feels FIPR is biased and has failed to adequately research significant impacts caused by mining. She cited, as an example, “the destruction and fragmentation of wildlife habitat and the permanent alteration of natural (wildlife) communities.”

Ryan acknowledged that phosphate mining companies have learned to adequately create herbaceous wetlands on reclaimed mine sites. But the industry has been less successful creating scrub and sandhill habitats.

“Obviously, since the phosphate industry has not proven they can restore some of our most imperiled ecosystems, I think that’s where the main focus of the research needs to be,” she said.

FIPR’s educational committee helped organize the institute’s annual conferences, which served to advise school teachers how to incorporate phosphate mining into their lesson plans.

“I ended up resigning . . . because I thought they were doing way too much whitewashing for the industry with the teachers in the educational workshops,” she said.

The phosphogypsumpileup

One series of studies conducted by FIPR — to find a use for the slightly radioactive waste phosphogypsum — would provide an alternative to the excavation of more pits for aggregates used in road base, concrete and asphalt.

Phosphogypsum is the chemical leftover after the concentrated phosphate ore is treated with sulfuric acid to create phosphoric acid, the main ingredient in large-scale fertilizer formulas.

In the early days of mining, phosphate companies around the world merely dumped phosphogypsum into rivers or the oceans. That posed little problem because the chemical dissolves in water, wrote Mike Lloyd, FIPR research director, in a 1980s report.

But such disposal methods were not options in Central Florida in recent history. So, area companies have been piling up the material in gigantic “stacks” at least since the 1960s.

It’s been piling up at the rate of 30 million tons per year ever since. The stacks now store nearly 1 billion tons, according to FIPR.

The stacks pose an environmental liability because they contain ponds of acidic waste water that have contaminated streams and estuaries in spills and emergency discharges.

The institute has experimented with using phosphogypsum as a material in road base, asphalt, glass and concrete and as an agricultural soil supplement.

The studies included building two roads with phosphogypsum bases in Polk and Columbia counties.

Those experiments proved that the increase in radioactivity is so small compared to natural background levels it would have no effect on human health, said Clifford.

Ironically, one FIPR-sponsored study cited the impacts of mining to demonstrate that using phosphogypsum would be better for the environment than providing road base from “borrow pits,” which are excavations for shell, sand or dirt.

The study, conducted in 2000 by Patricia Dooris of the University of South Florida, concluded that the excavation of 114 acres of pits for a 12-mile road in Hillsborough County drained several wetlands offsite and caused the relocation of 147 species of animals.

The study did not explore whether similar impacts could be expected on 300,000 acres of phosphate mining in Central Florida.

Yet, the EPA, which has prohibited the use of phosphogypsum, wouldn’t budge.

“The EPA’s policy is based on mathematical speculation,” Clifford explained. “They made the assumption that the road (built on phosphogypsum) would be abandoned and people would build a house on it, and live in the house for 70 years, and stay in the house most of the day.

“In that case, the use of phosphogypsum would slightly exceed the criteria for acceptable levels of radiation exposure.”

Still, the phosphogypsum research serves “a pretty good environmental purpose — the reuse of a material that is now considered a waste,” said Clifford.

Next: Making mining efficient, the clay quagmire, and what about fuel oil?

Greg Martin is a staff writer for the Charlotte Sun.

 

Tricky pick: Our 'greenest' president was . . .

Mike Thomas

COMMENTARY

April 20, 2008

In honor of Earth Day, I devote this column to America's greatest environmentalist.

His legacy was global, but Florida benefited in particular.

He saved the Ocklawaha River and St. Johns River from destruction. Without him, there would not be much left of the Everglades worth saving.

Creatures in his debt include panthers, manatees, eagles, pelicans, dolphins and turtles. But the list also includes elephants, tigers, seals and even the Guatemalan beaded lizard.

Yet this man lies buried in shame, the good he did interred with his bones.

No more. Ladies and gentlemen, I give you the true green giant of American presidents: Richard Nixon.

For the many Nixon haters out there, this is a most inconvenient truth.

But long before there was Al Gore, there was Tricky Dick.

If Al had Nixon's guts, he would have stolen the 2000 election right back from George Bush.

And, by God, every country in the world would have signed the Kyoto treaty or faced the business end of a B-52.

To get things done, sometimes you just have to be a little bit scary.

His accomplishments include the Clean Air Act, the Clean Water Act and the Marine Mammal Protection Act. He started the Council on Environmental Quality and the Environmental Protection Agency.

Nixon rewrote the federal government's role in protecting natural resources. He created the regulatory framework now in place, the one that subsequent Republican presidents have tried so hard to dismantle.

His administration organized the first worldwide effort to crack down on international trade in endangered species. That effort now includes 172 nations and protects 30,000 species, ranging from orchids to whales.

Under Nixon, DDT was banned and eagles flourished.

Under Nixon, the wholesale poisoning of coyotes and other predators by Western ranchers was stopped.

When Nixon took office, the U.S. Army Corps of Engineers was busy carving the Cross Florida Barge Canal through the middle of the state. Miles of the Ocklawaha River had been destroyed, drowned under what is now known as the Rodman Reservoir. Nixon stopped work in 1971, saving what was left of the Ocklawaha and calling it "a uniquely beautiful, semitropical stream, one of a very few of its kind in the United States."

Few people remember that the corps once planned to lobotomize the headwaters of the St. Johns River with the same kind of massive drainage canal it dug through the Kissimmee River. But Nixon signed a law requiring environmental studies for such projects. It stopped the bulldozers in their tracks.

Meanwhile, down in the Everglades, his administration stopped plans for a jetport in the majestic Big Cypress Swamp. Nixon called it "an outstanding victory for conservation" and followed it up by getting Congress to provide the money to buy this treasure.

I could go on and on. The list of what Nixon accomplished dwarfs that of any other president.

Liberals say all this was a cold, political calculation designed to exploit the growing environmental movement.

How pathetic. They can't question results, so they attack motivation.

For someone who didn't care about the environment, Nixon brought some of the nation's top environmentalists into his administration.

There was Nat Reed, the South Florida Everglades activist, named as assistant secretary of the Department of Interior. There was Russell Train, Nixon's second EPA secretary, who went on to head the World Wildlife Fund. There was Lee Talbot, the Council of Environmental Quality's chief scientist, who wrote much of the original Endangered Species Act.

In a 1998 interview, Talbot said, "No president since or before, except maybe Teddy Roosevelt, has been willing to put as much political muscle into the environment."

Nixon's 1973 State of the Union message to Congress on natural resources remains one of the most comprehensive and farsighted assessments of the environment ever given.

He was a visionary. And whatever led him in that direction, I don't care.

On Tuesday, this Earth Day is for you, President Nixon. The Earth is a much better place because of you.


Mike Thomas can be reached at mthomas@orlandosentinel.com or 407-420-5525.

 

'Natural Florida' CD unveiled

By JESSICA NEWMAN
Special to The Sun


As she finished the poem, "Prayer for the Everglades," which ends with a hypothetical picture of a world without the vast sea of grass in South Florida, she had to pause and take a deep breath.

"This happens every time," said a shaken Lola Haskins, Gainesville poet and contributor to the "Natural Florida: In Word, Image and Deed" CD-ROM, which premiered Saturday at the Harn Museum of Art before more than 100 people. It was unveiled as part of the UF Cultural Plaza's Earth Day celebration.

The CD-ROM is the creation of Stephen Robitaille, a professor at Santa Fe Community College, and it spans 500 years of Florida ecological history through the use of several hundred works of state artists, including poetry, photography, architecture, novels and music.

"Art could become the medium for people beginning to re-appreciate where they live, understand where they live and help to preserve where they live," Robitaille said.

He produced the "Natural Florida" CD-ROM with Florida Defenders of the Environment, an organization dedicated to preserving the diverse natural habitats of Florida. Robitaille's intent is to provide free copies of the CD-ROM to schools, libraries and other outlets for public information, he said.

"I hope to reinvigorate environmental education across the state," Robitaille said.

He came up with the idea six years ago after searching in vain for a comprehensive historical resource to use in a class he was planning to teach on natural Florida, he said.

The CD-ROM is already used in a few middle school and college classrooms around the state. But expanding its reach is a matter of word-of-mouth and is difficult, Robitaille said.

In addition to art and literature, the CD-ROM includes special features that showcase essays by local historians, documenting important social, economic and political activities in various regions of the state that affected the habitat. There is also an archive of rare postcards that made natural Florida famous around the world and a volume of local songs from Florida musicians.

Patchwork is one such musical group featured. Patchwork is a folksy blue grass band comprised of five women, who blend acoustic stringed instruments and twangy voices to produce songs glorifying natural Florida and address environmental problems facing the state.

"Natural Florida" takes viewers on a virtual tour of the state and breaks it down into nine biome regions with works of art of various genres from each one.

One artist featured on the disc is Ellie Blair, a Gainesville painter who is famous for her oil-on-canvas portrayals of some of North Florida's most striking nature scenes. Originally from New York City, Blair came to Florida for a weekend 37 years ago and hasn't left since.

While other contributing artists displayed their work at the premiere, Blair began and finished a painting of a palm tree on the prairie in approximately one hour while on stage. Blair said she was happy to contribute to the CD-ROM because she loves her job and loves the state.

"I get to contemplate the beauty of the natural world," Blair said. "In this state, it's great. You can be at the beach one day and in the swamp the next."


Naturist resort could bring wealth to rural Arcadia

But some wonder what else might unravel in the process

Published Sunday, April 20, 2008 at 4:30 a.m.

Over lunches of black-eyed peas and fried pork chops at the downtown Wheeler Cafe, the new joke goes something like this: "So I hear you're moving out with the nudists, eh?"

In a place where the top elected official owns 300 cattle and there is a church for every 168 people, a Naples developer's plan to build a nudist colony of 1,034 homes has caused a stir.

Earth Sun Capital Group LLC is seeking DeSoto County's approval to build the Terra Sol Naturist Resort just outside Arcadia, close by the home of the rodeo that is at the heart of the area's identity.

While potential revenue generated by the resort is tempting for this economically stressed community, the idea of Terra Sol clashes with the traditional moral values shared by many in this slice of rural Florida.

Besides jokes, the conflict has generated plenty of talk, from those who follow a live-and-let-live philosophy and others arguing it would mark the unraveling of Arcadia's very fabric.

Preachers are vowing to rouse their flocks in protest. Government offices have been inundated with phone calls.

"This last month it's been all about the nudists," said Matt Holloman, spokesman for DeSoto County, where Arcadia is the county seat.

Don Wagner, who has developed mostly small office and commercial buildings in the Naples area, believes he has a recession-proof business plan in the growing popularity of nude recreation, an industry that has increased from $150 million to $450 million in revenues over the past 10 years.

With only one other nudist resort between Tampa and Miami, he says a resort in DeSoto -- centrally located between Florida's coasts -- would bring 60 jobs and $30 million to the local tax base. That is more than a third of the county's current budget, which dropped by $11 million this year because of the economic downturn.

"This could be a major, major economic boost for the community," said Wagner, who is joined by three other Naples real estate agents in the venture.

Conservative tradition

Arcadia is one of Florida's grand old cow towns, a community renowned for hosting the state's oldest rodeo and a charming downtown lined with antique stores.

Conservative and traditional are the two words Arcadians use most to describe their community, usually in accents more reminiscent of Georgia and Mississippi than coastal areas dominated by retiree-transplants.

Yet poverty is more than twice the state average, jobs are scarce, the tax base ranks among Florida's lowest and new development is coveted by many business owners more than a new pair of cowboy boots.

Arcadia and DeSoto County missed out on the real estate boom that swept much of Florida. Although at least a dozen housing developments were proposed in the county, none were built before the downturn.

Amid the blushing and back-slapping laughs over nudism, many in the business community are supportive of the resort.

"I'm not too concerned about them and, to be honest, that's what I've been hearing from nearly every one of my customers," said Wyvon Taylor, who owns a bookstore downtown.

But just down the street, at the Heritage Baptist Church, associate pastor David Bedell strongly disagrees.

"I think it's dead in the water," Bedell said as children played in the 100-year-old church's school and tall brick walls of the Gothic Romanesque-style church cast a shadow over Arcadia City Hall next door. "Of course, the business owners want more business, but if you went door to door and took a poll, I'm confident the majority would be against it."

Some politicians, including the town's mayor -- also a pastor -- already have come out against the nudist colony.

Ultimately, DeSoto County's five elected county commissioners will decide because the resort's proposed location is outside Arcadia's city limits and the development plan requires a zoning change.

Bedell said two commissioners have confirmed that they will vote no. He has written a letter to each board member, and plans to lobby hard in the coming months.

Cows and oranges

Commission Chairman Thomas "Felton" Garner said he is not rushing to judgment.

"Let's just wait and see what happens and hear what everybody has to say," Garner said over lunch at Wheeler's, the town's oldest restaurant, where black and white photos of cowboys flung high on the backs of rodeo bulls cover the walls.

His tan cowboy boots planted firmly on the 69-year-old floor, Garner talks about the community he has called home for 77 years.

Garner's granddad came to Arcadia in late 1800s when the region was a cattle-producing hub. The commissioner still lives in the house where he was born, on 1,300 acres.

"Oranges and cows, that's all anybody did back then," Garner said.

DeSoto's economy has not changed much. The county has a large prison now and Arcadia's historic downtown regularly attracts day-tripping antique shoppers, but oranges and cows still rule.

With so little to distinguish the region, some worry that DeSoto could soon be known as "the place for nudists," in Bedell's words.

"Is that what we want to be known for?" Bedell wonders. "Not a quaint downtown or a traditional, rural culture, but nudists?"

Wheeler's waitress Kasey Conklin, 25, said she is growing tired of the debate. "I got a regular who says if they come to town, he's going to start streaking -- and he's like 90," she said.

Yet many old-timers point out that DeSoto County had nudists before.

A group lived in the woods near the unincorporated community of Brownville, said the daughter of Wheeler's former owner, Jeanette Foley.

Everybody knew about it, Foley insists, and nobody really cared.

"They were out there ever since I can remember," Foley said, as waitresses exchanged jokes about naked cowboys and hunters using their deer stands to peep in on the resort. "They didn't bother us and we didn't bother them. If they want to be butt naked, then let them be butt naked -- who cares?"

Foley quickly apologized for her straightforward "country talk."

Wagner plans to appeal to that spirit in pitching his development.

There is a fierce independent streak running through DeSoto, where rural isolation breeds self-reliance and a strong attachment to the land.

"I think people in this county really value private property rights and individual freedom," Wagner said.

Wagner is proposing a 12-foot high wall and 20-foot vegetative barrier around the nudist colony, which is surrounded by cow pasture.

However, the development site is only a mile from the county's only high school and middle school, a big issue for some residents.

Others say the nudists would have more to worry about than parents and students.

"We're talking about high school students here," said Denise McCarthy, who works at health clinic near the school. "They're doing worse things than the nudists."

Projecting an image

A nudist himself, and married father of three daughters, Wagner tries to project a wholesome, family image as he meets with local community leaders.

Wagner said people have a knee-jerk reaction, associating nudism with sexual behavior. But Wagner has visited clubs around the country and said they attract mostly older people, not swingers.

"Most are very family-oriented, very respectable businesses," he said. "These people are your neighbors. They are just earthy, well-grounded, very secure people."

Wagner said his market research shows that the nudist demographic is predominately people 45 or older with a median income between $69,000 and $75,000 -- more than double the median income in DeSoto County.

About 50,000 people belong to the American Association of Nude Recreation, but market researchers have identified about 5 million people who express an interest in nude recreation, Wagner said. That is a little less than 2 percent of the country's population.

Wagner's resort, financed through pre-sales, would include 246 single-family homes costing up to $400,000, along with 380 RV rental spots and 414 modular cottages running as low as $85,000. Proposed amenities include two restaurants, six tennis courts and the nation's only nude golf course.

Wagner created a Web site to help raise money for the development about a year ago and was swamped by the traffic. People wanted to make reservations, and Wagner did not have a site.

With 320 acres now under contract, the company's new Web site generated 2,800 hits last month before the controversy broke. Wagner said there has been interest from across the United States and in Europe, where nude sunbathing is common.

Controversy over nude recreation is not limited to Arcadia. The Suncoast Naturist Association, with 60 members throughout Southwest Florida, has been trying to get Caspersen Beach in Venice designated "clothing optional" since 2000 without success.

Similar efforts across the state have met with varying resistance.

The state's only nude beach is in Miami, and there are a handful of nude resorts near Tampa and Orlando. Most nudist clubs are considered "non-landed."

The president of the Suncoast Naturists, a North Port resident who asked to be identified only as Fred because he worries that some friends would not understand the lifestyle, said Wagner faces an uphill battle.

But if the resort is approved, Fred believes it will be very popular because it is within a few hours of nearly cities in South and Central Florida.

Nudists are used to driving, Fred said.

"I wish him luck," he said. "It's hard to find property for this type of thing because people tend to have a lot of misconceptions about what we do."

THE PROJECT

The Terra Sol Naturist Resort is being pitched by four Naples real estate agents. The group formed Earth Sun Capital Group LLC to develop the project in Arcadia.

At 1,034 homes, the Terra Sol project is the largest development attempted by the group, said principal Don Wagner. Wagner has helped develop small commercial and office space around Naples for the past 17 years. The group plans to fund the Terra Sol project through pre-sales. Wagner said the project would add 60 jobs and $30 million to the local tax base.

Farm Commodities Becoming Hot

But some are concerned that speculators are actually hurting growers.

NEW ORLEANS | Farming has always been a risky business, at the mercy of bad weather, wars and drought. Now farmers' profits face a new and surprising enemy: speculators that some think are driving prices up so fast that growers are getting locked out of top dollar for their crops.

Shoppers are feeling it, too, as investors pump billions of dollars into agricultural commodities and, insiders say, help push up the price of the most basic of foodstuffs, a loaf of bread.

"It's been very stressful for all of us to manage marketing this crop," said George LaCour, a grain farmer near Morganza in southeast Louisiana.

LaCour sold more than half his 2008 crop before planting it, hoping to cash in on soaring prices. Selling the rest will have to wait until after the harvest since he has limited bank-borrowing power to hedge his future crops against price swings and he doesn't want to risk the money.

"Nobody wants to take the risk," he said.

Agriculture interests nationwide are edgy about what they see as a flood of speculative money into the market and they want action, fearful that it is throwing the markets into chaos and making it harder for farmers to manage their risks.

"We want the government to investigate, and if there are significant issues, we want them to work through what should be done," said Chad Hart, agricultural economist at Iowa State University. "Right now, I don't think anyone has a full grasp on what's going on."

The Commodity Futures Trading Commission, which regulates U.S. futures and options markets, will make an attempt with a hearing Tuesday. The panel can expect to find a sizzling market, some say too hot to handle, stoked for two years by profit-hungry cash from index funds and speculators and rocketing prices for in-demand corn, soybeans and wheat.

There has also been a rise in planting: The Agriculture Department said wheat production, for example, grew from 1.8 billion to 2.06 billion bushels from 2006 to 2007, and more than 63.8 million acres of wheat will be planted in 2008, up 3.4 million acres from 2007.

And there is nervousness. Some grain buyers, wary of the market volatility, are limiting contract dealings with growers, effectively cutting farmers off from top prices at a time when production costs have soared, insiders say.

Coal-fired power plant getting closer to reality in Southwest Georgia

 

Jim Cook
Dothan Eagle

Published: April 20, 2008

A well-worn dirt road bordered by dense woodland splits about 1,800 acres of family land owned by Claude Bell and his cousin Patricia McGregor. The road marks more than a division of property, it also reflects two sides of a controversial issue in Early County, Ga.

Plans have been in the works for about six years to build a coal-fired power plant on about 2,000 acres of land next door to the Georgia Pacific containerboard mill in Cedar Springs, Ga. and just across the Chattahoochee River from the Alabama town of Gordon. The $1 billion project is expected to be a big economic boon, bringing about 1,000 temporary construction jobs and 120 permanent jobs to the struggling county.

McGregor, along with property owners Mary Whitehead and Joe Darnall, have sold LS Power an option to buy their land to build the plant, once the project clears all administrative and legal hurdles.

Bell’s land adjoins the property owned by McGregor, who resides in Virginia. It has a pond and a screened-in building he uses for family gatherings. An independent film company recently used the site to shoot scenes for the movie Forgiving Injustice: The Lena Baker Story, a biopic about the first woman executed in Georgia. Bell said the noise and emissions created by a nearby coal-fired power plant would render his property unusable, and his cousin’s decision to sell the land has estranged them.

“She was like a sister to me when we were growing up,” he said.

Bell, a member of the Friends of the Chattahoochee, a local environmental group, says the plant will drain water from the already overused Chattahoochee River, and create more air pollution in Early County, which the Sierra Club says already has some of the dirtiest air in Georgia. On the other side of the debate are folks who say the environmental impact of the plant will be negligible, and that its economic impact would be a tremendous boost to a struggling rural area where good jobs are hard to find.

Olin Thompson, chairman of the Blakely-Early County Development Authority, said Early County desperately needs the jobs and investment the coal plant would bring. The unemployment rate in the area stands at about 5.6 percent and nearly a quarter of the county’s 12,000 residents live in poverty. Thompson, who has lived in Early County for 64 years, has seen many of the community’s best and brightest move away.

“The majority of them move somewhere else, there’s really nothing for them to do,” he said.

According to Thompson, the jobs and consumer spending brought by the plant’s construction and operation would help turn Early County around. The plant would also bring increased tax revenue to Early County’s government. LS Power, Early County and various other governmental authorities signed a 25-year agreement which levies ad valorem taxes on a graduated scale. During the first four years of the agreement, LS Power will pay Early County $200,000 and the county development board $50,000 per year. For the next two years, LS Power will pay no ad valorem taxes or fees. In the seventh year of the agreement, the plant will pay $285,000 in ad valorem taxes and fees. From then, the plant’s annual taxes will increase every year, topping out at $4.3 million in the agreement’s 25th year.

In addition to ad valorem taxes, the plant will also likely pay between $1.5 to $5 million per year in state and local sales tax on the coal it imports.
The new plant would use a variety of technologies to remove some of the harmful gases and particulate matter from the plant’s exhaust and LS Power has agreed to use wastewater from the nearby Georgia Pacific plant to generate steam, then treat the remaining water before putting it back into the Chattahoochee.

Bell says the plant’s emission controls don’t go far enough, and doubts the feasibility of the plant’s wastewater treatment scheme. He also pointed out that no matter what the plant does, it will still return less water to the Chattahoochee than was taken out by the Georgia Pacific plant.

Litigation regarding the plant may be wrapped up by early summer. In January, an administrative law judge upheld an air permit issued by the Georgia Environmental Protection Division that the Friends of the Chattahoochee and the Sierra Club had challenged. The ruling has been appealed to a superior court judge and the appeal will be heard in May. If the judge rules in favor of the permit, the Friends of the Chattahoochee and the Sierra Club can take it to an appeals court, which can choose not to hear the case.

Mike Vogt, LS Power project manager, said he’s confident the courts will uphold the air permit, and if litigation is wrapped up by early summer, construction on the plant could begin in late summer or early fall. According to Vogt, a new administration is unlikely to derail efforts to build the plant.

“We’re down to the final throes of the permitting process and litigation,” he said. “It’s the end of the tunnel we’ve been looking for.”

 

Condo buyers had a lot to beware of

It was among Brevard's first signs of South Florida-style condomania -- in more ways than one, it turns out.

On a sweltering August day in 2005, buyers waited in line in lawn chairs outside a sales office, eager to snatch one of the affordable units in the refurbished and attractive Beach Club Condominiums off Eau Gallie Boulevard.

Altair Franklin was one of them, waiting and smiling in a swimsuit before buying a one-bedroom condo in the sunny yellow complex for $140,000.

"It was the first time I had ever bought, and I was really excited," said Franklin, one of those featured in a photo in FLORIDA TODAY.

The converted apartment complex, then owned and marketed by Miami-based Paramount Properties of Florida, sold out quickly.

Since then, the excitement has turned to anger and financial heartache for buyers of the 160 units.

The new condominium association has sued the developer and its engineer for $1.3 million plus damages to help fix horrible structural problems that should have been found and disclosed, court records show. Instead, many problems were hidden by fresh paint.

Beams holding up concrete catwalks are rotting and unsafe. Windows and some roofs leak. Air-conditioning units are corroded. Load-bearing supports have decayed. Freshly painted wood trim easily flakes away to reveal rot and termite damage. The lawsuit's exhibits include color photos of such problems, the likely result of 20 years of beach weather.

Yet, an April 2005 report by the developer's architect for potential buyers said all were "safe, functioning, and in sound condition."

Now, the owners of the modest condominiums must cough up as much as $5 million for repairs, Franklin said. That could mean assessments of anywhere from $8,000 to $30,000 per unit, according owners and the lawsuit.

"For a one-bedroom condo -- who's going to pay that?" Franklin asked.

Caution tape

I strolled through Beach Club to check out the complaints. Catwalks and stairwells are held up with temporary wooden beams wrapped in yellow "caution" tape. Metal jacks shore up some second- and third-floor walkways. Inspectors left holes in siding and trim to reveal wood damage.

That's what you can see. The lawsuit also claims:

  • Electrical wires were left uncovered in places and violate safety code.

  • Air-handlers are "corroded and failing."

  • Someone cut holes in attic firewalls.

    But three months before Franklin and others lined up to buy, the seller's architect, Bernabe Hernandez of Hialeah, said in his report that all were "safe, functioning, and in sound condition." Hernandez estimated the electrical system had another 53 to 66 years of life. The air conditioning would be good for another 15 years. And the firewalls were good for another 17 years, he said.

    Who's responsible?

    The lawsuit names Hernandez and "Beach Club LLC" as defendants, not Paramount Properties. Beach Club LLC was a short-lived, limited liability corporation managed by Maurice Cayon of Hialeah, who handled the construction and conversion of the apartments into condos.

    Paramount is the parent company of Beach Club LLC, said the condo owners' attorney, Patrick Howell of Orlando.

    The owners accuse Hernandez of professional negligence and Beach Club LLC of breaking "implied warranty." State law says developers of condo conversions extend a three-year "implied warranty of fitness and merchantability for the purposes or uses intended."

    I tried to reach both defendants Friday. Cayon was not available this week, an assistant told me. Hernandez did not return messages left at his office.

    Paramount, meanwhile, also lists the Cypress Cove complex near Suntree among its other condo conversion and sales projects.

    It's not as if Beach Club's owner and developer made no effort to repair conditions before
    sprucing-up the complex and putting it on the market.

    The city of Melbourne Building Department reports they pulled eight permits in 2004 to repair wood and the roof, which suffered some storm damage in the 2004 hurricanes.

    And a disclaimer throughout Hernandez' inspection report says it should not be construed "directly or indirectly as a guarantee for any portion of the structural system." The document says he visually inspected the premises but used no "destructive methods" to find out more.

    Lessons fleeting

    Somewhere in this is a lesson. For those involved with Beach Club, it could be up to a jury to determine what that is.

    Buyers should always get their own inspections before they commit. But more admonitions of "buyer beware" don't seem to cut it in Brevard anymore.

    A look down Eau Gallie Boulevard reveals so many ways buyers and investors were ripped off in the go-go real estate craze.

    Across the street from Beach Club are the abandoned Casalina condos, where the developer burned through millions then disappeared, leaving a half-built project in foreclosure with friends, investors and subcontractors holding the bag.

    That's just west of a project in which the developer nearly finished two houses, bailed out before they could be occupied, and left the owners paying for uninhabitable properties. Across the river, a lawyer and builder took millions for two projects and developed nothing. One was disbarred; the other disappeared.

    Franklin recently moved out of Beach Club and put her ground-floor condo near the clubhouse on the market for $99,000, or 70 percent of what she paid.

    No bites.

    "They have to change all the windows, all the beams," said Franklin, who served on the condo association board when it discovered the problems.

    "I've cried and cried," she said.

    Contact Reed at 242-3631 or mreed@floridatoday.com.

  • Bees find sweet deals in crisis

    ublished Saturday, April 19, 2008 9:07 PM

    CAPE CORAL — In a county with one of the nation's highest foreclosure rates, empty houses have attracted a new type of nonpaying tenant: bees.

    Tens of thousands of honeybees, building nests in garages, rafters, even furniture left behind.

    When a swarm came to a foreclosed ranch house in Cape Coral, town officials called B. Keith Councell, a fourth-generation beekeeper and licensed bee remover.

    On a recent evening, Councell stood at the light blue house's open garage door as hundreds of honeybees buzzed over his head and past his ears, disappearing into a hole behind the water meter. The house has been without a human occupant since December.

    Then he did what he does at most foreclosed homes: nothing.

    "If it's in the yard, I just take care of it," Councell said. "But if it's in the structure, usually I can't get permission to go in. And it's a problem, because somebody's going to get stung. It creates a risk for everybody around."

    Foreclosed houses around the country have been colonized by squatters, collegiate revelers, methamphetamine cooks, stray dogs, rats and other uninvited guests. Councell, 35, has eyes only for bees.

    Last year, he said, he answered calls about bees in more than 100 vacant houses, and the volume was higher this year.

    Lee County, on Florida's southwest coast, was until recently a boom area. But like other fast-growth regions, the county is now a focal point in the foreclosure meltdown. By one measure it had the highest foreclosure rate in the country earlier this year.

    But for area bees, the real estate boom is just beginning. "Abandoned buildings attract bees," said Roy Beckford, the University of Florida agricultural and natural resources agent in Lee County, who said he had received "quite a few calls" about bees in empty properties.

    "Bees anywhere in the world will make homes in any building that is not occupied," Beckford said. "They send scouts out, and find a place where they will not be disturbed. They're looking for a sheltered place to build colonies and make honey." Bees also live in occupied homes.

    Most hives have 15,000 to 60,000 bees, said professor Jamie Ellis, a bee specialist at the University of Florida.

    At a time when honeybee populations are dropping nationwide, Councell sees himself in competition with exterminators. Because Africanized honeybees, sometimes called killer bees for their aggressiveness, have appeared in Florida, the current trend is toward exterminating rather than removing them, Ellis said.

    When Councell removes a colony, he kills the queen and replaces it with a European queen. "If I can remove a box of bees and put them to use, so they're pollinating fields, instead of that guy spraying, it makes more sense," he said.

     Planners: Floridians need to grow up, face water limits


    ST. AUGUSTINE -- Floridians and their governments have acted like toddlers and teenagers for too long, a group of elected officials decided Friday.

    Like youngsters that eat unhealthy food with abandon, Floridians have used water willy-nilly with no thought for what would happen when it runs out or how it might affect their neighbors.

    Now, it's catching up with them, and no easy answers await elected leaders trying to find a compromise to this region's water woes before a full-scale, costly legal battle erupts. That was clear Friday as officials from Jacksonville to Orlando gathered at a joint meeting of regional planning councils.

    But attendance was sparse, with no one representing Seminole or Volusia counties. Both counties are among those expected to ask to pull water from the St. Johns River, a proposal that has triggered widespread animosity to the north, with several cities and counties concerned it would harm the water quality on their end.

    "We all need to show up because it's an important issue for all of us," said Clay County Commissioner Harold Rutledge, president of the North Florida planning council.

    Teresa Jacobs, an Orange County commissioner, isn't confident such a diverse group will come to a meeting of the minds over water, considering the varying opinions on just the East Central Florida planning council. But she brought up one issue that has rarely been discussed in such meetings.

    "I hear us talking about conservation, but I don't hear us talking about carrying capacity," she said. "I think we don't want to talk about it because growth has always been so precious to this state, but I think the environment is telling us there are limitations."

    That's true, said Kirby Green, executive director of the St. Johns River Water Management District. The district oversees the water supply in an 18-county area that includes both regional councils.

    "We are moving from a place of plenty to a place of restriction and limited use," he said.

    The district's responsibility is to protect the environment first and then ensure there's enough water for other uses. The challenge, Green said, is that local governments have "very jealously guarded" their ability to decide how their areas grow.

    The situation has been building for years, with utilities across the region having problems finding enough clean, fresh groundwater, he said. The district and governments in the region "haven't done the job we need to do in tying all of those issues together and coming up with a way to address them."

    In addition to discussion about Central Florida's explosive growth, part of the discussion Friday focused on conservation, with the group agreeing to spend time at the next meeting learning more about which agencies are doing the best job of conserving water and enforcing water restrictions.

    The group also learned that Lake County, which had been talking with Volusia and Seminole about using the river, has decided to wait until the district completes a study already under way to determine whether the proposed pumping could harm the river.

    dinah.pulver@news-jrnl.com

    Orlando area's water wars are draining us of common sense
    Mike Thomas

    COMMENTARY

    April 17, 2008

    Orange County has set aside $1 million to fight a legal war with the South Florida Water Management District over access to water.

    We will pay two government agencies to battle each other, a scenario that only benefits lawyers, consultants and newspaper columnists.

    This is absurd. It is the kind of government waste that has people screaming for more tax cuts.

    The fight is over Orange County's plan to drain 7 million gallons of water a day from lakes Mary Jane and Hart, the featured attractions at Moss Park.

    There are two problems with this:

    *It could damage the ecology of the shallow lakes.

    *It could deplete water needed for the Kissimmee River.

    The river is undergoing a massive restoration project that, when completed, will create 40 square miles of wetlands.

    The thing about wetlands is that you have to keep them wet. Without water, the half-billion dollars being spent on this will be wasted.

    So the South Florida water district wants to make sure it has plenty.

    And two of the many lakes that drain into the Kissimmee are Mary Jane and Hart.

    This puts the birds, bugs and fish of the Kissimmee in direct competition with Orange County for water.

    I side with the critters.

    Orange County doesn't need the water, and they do.

    About half the water Orange pipes to homes is sprayed on yards, where it collects pesticides and fertilizers and carries them to lakes Mary Jane and Hart -- and the Kissimmee River.

    More water is wasted in homes because of long showers, huge toilet bowls, and so on and so forth.

    Orange County has done little to change this situation.

    It has not banned water-greedy St. Augustine grass in new developments.

    It has not worked with homeowner associations to end covenants requiring St. Augustine.

    It does not have a rate structure that sufficiently penalizes people for using too much water.

    Yet the county has its straw out. It is easier to waste water and pump more from the nearest lake than it is to conserve water and leave the lake alone.

    If I were the ruler of the water, this would be my response: If you are so hellbent on more growth, then you can provide for it by making better use of the water you now have.

    That would force the county to think radically about a water-saving ordinance it currently is working on.

    Extremism in the pursuit of conservation is no vice.

    I'd tell the same to everybody looking to stick a straw in the St. Johns River. If we conserved, we could meet our water needs for the next 10 years without pulling another drop from a lake or river.

    And then it would be time to talk about more.

    Rather than throw lawyers at the South Florida water district, Orange should work with it on a long-term solution for the river and people.

    One option is to build a reservoir that would provide water to the river and to the counties. There also is the possibility of a new well field out in the hinterlands.

    Those would be expensive.

    But you would have Orange and Osceola chipping in, along with the water district. Maybe other utilities in the region would be interested. Many wallets help lighten the load.

    So let's call off the litigation.

    For too many years, competition -- not cooperation -- has defined our quest for water.

    Those days must end. We can't afford this nonsense any longer.




    Mike Thomas can be reached at 407-420-5525 or mthomas@orlandosentinel.com.

    Builders group sues Orange schools

    Group seeks lower impact fees in sales-tax feud

    Erika Hobbs

    Sentinel Staff Writer

    April 18, 2008

    Orange County's public school system is "misappropriating" $825 million in voter-approved sales-tax money because officials aren't using it to build new schools, a lawsuit filed Thursday contends.

    The Home Builders Association of Metro Orlando, which represents area developers, is asking a judge to force the school district to spend the sales-tax money on new schools.

    The trade group also is asking the court to lower the fees developers pay school districts to offset the cost of building new schools.

    School Board officials say they are building the new schools; they're just using a separate pot of money to do it. Administrators contend they've been good stewards of the half-penny sales-tax proceeds that the public approved in 2002.

    But that money, they said, no longer covers all of the projects originally planned, so they're now supplementing the budget with money from other sources.

    "We're not misusing any money," School Board Chairwoman Karen Ardaman said. "We're using all available capital resources -- not just sales-tax money."

    By filing the suit, the home builders group says it is making the leaders of the nation's 11th-largest school district stick to their promise to build new schools with voter-approved money and relieve crowding at existing schools. However, the group also hopes to lower impact fees they pay to the school district, fees that builders typically tack directly on to the price of a new home.

    District officials, however, say the suit attempts to derail efforts to improve dilapidated campuses across Orange County, and is a thinly veiled attempt to boost a stagnant housing industry.

    "Clearly this is all about shortchanging the community to subsidize a special-interest group, which in this case is the home builders," Ardaman said.

    Countered Tom Ross, the home builders attorney: "You know, when you catch a child with a hand in the cookie jar, the first thing they are likely to do is shift the blame and the attention to someone else. This is not . . . about impact fees. It is and has been about the School Board being held accountable" for the promises it made.


    A long-standing feud

    The lawsuit, filed in Circuit Court, escalates a long-standing feud between the two sides.

    Developers and school districts rarely see eye-to-eye on how to raise money for new schools. But in Orange, the issue is far more complicated.

    In 2002, voters agreed to a half-cent sales-tax increase. In return, the School Board promised to renovate 136 new schools and build 25 new ones with the $2.2 billion it expected to collect by the end of 2015.

    Over time, rising construction costs, hurricane losses, minimum class-size mandates and declining sales-tax collections all bit into that budget, School Board Attorney Frank Kruppenbacher said Thursday.

    The district scaled back renovation plans to cover 128 schools and boosted the budget by using impact fees, state funds and by borrowing. The 25 new schools promised during the sales-tax campaign are still being built, Ardaman said, but with other money.

    "We evaluated what would be the most efficient plan, and that is what we chose to help keep our promise," she said.


    Ruling cheers both sides

    During that same time, the district's impact-fee formula also came under review. A panel made up of county, school-district and home-builder representatives hashed out a new impact-fee formula, one that sharply increased the rate to $11,829 for a single-family home, up from $7,000.

    Last fall, representatives from the home builders questioned why they didn't get credit for those 25 new schools on the sales-tax list if impact fees were being used to pad the budget. Both sides asked Attorney General Bill McCollum for an opinion on how the sales-tax money could be spent and in which order the schools could be built.

    McCollum's decision last month cheered both sides.

    The School Board banked on this line in his ruling: " . . . the school board has flexibility to work within the terms of the plan as it prioritizes the use of these funds."

    The home builders group relied on McCollum's finding that district officials cannot use other sources of money to "supplant" the sales-tax funds.


    'A right to prioritize'

    Ardaman said Thursday that since the sales-tax program began, the district has either finished or is working on 49 schools. Nineteen of those are new schools, though most have been built with a combination of funding sources.

    "We are 'supplementing,' not 'supplanting' that budget," she said. "And we have the right to prioritize our projects as we see fit."

    But Ross said those figures are disingenuous because only one of those new schools, Wekiva High, was built solely with sales-tax money.

    "The School Board has no lawful ability to disavow their promise and to use the funds in manner different from the way they were directed to be used by electorate in the referendum," he said.

    If the board continues to use impact fees for new schools, developers should get credit for them, he said. If a judge agrees, Ross estimated that impact fees could drop by roughly $2,000 per single-family home.

    "The bottom line is, we feel like they ought to keep promises to taxpayers," said Don Wetherington, president of the home builders group.
    Erika Hobbs can be reached at ehobbs@orlandosentinel.com or 407-420-6226.

    Builder thought he had a deal for concrete plant near Destiny, but Osceola County leaders sided with opponents
    The builder thought he had a deal, but county leaders sided with opponents, including Destiny's developer.
    Mark Pino

    Sentinel Staff Writer

    April 17, 2008

    George Maib thought he had the ideal site for a concrete-distribution plant -- Yeehaw Junction.

    The rural location meant it was removed from neighbors who might object, while the existing road network was perfect for delivering the product into Central Florida and the state's East Coast.

    But the few neighbors who are there -- including the developers of Destiny -- did object to the plan. And county commissioners listened, denying the project by a 4-1 vote this week.

    "My biggest opponent was a considerable landowner with a project that may not happen for 10 years," Maib said. "For me it's a shame that you have to spend more than $100,000 to find out you can't do something. And the whole time you have gone through planning and zoning and met all the requirements and worked with staff for six months. I believe these decisions are entirely politically motivated by constituents with more power and money."

    When built, proponents say the city of Destiny will be a showplace for "green" and "eco-friendly" concepts. Situated on more than 40,000 acres, the development must still win all kinds of local and state approvals before construction can begin.

    Randy Johnson, a former state legislator, now chief operating officer for Destiny, didn't like the possibility of the plant less than two miles from the project's doorstep.

    Johnson questioned the urgency when there was "nothing out there" and said permitting the plant for 10 years made "no sense" in the scope of landowner Dan Shalloway's plan for a transportation center in the same area.

    Commissioners and Johnson said they support the concept of a transportation center.

    But Johnson added that the plant put potential jobs at risk by creating "a nasty, industrial corridor on a gateway into a city, and it just takes our breath away."

    The brainchild of South Florida developer Anthony Pugliese, Destiny is expected to have as many as 100,000 residents when it is built.

    Its developers say the community will be "self-sustaining."

    The concrete plant would have been built on 22 acres. The developer said it would have been barely noticeable from the road and two similar plants had been situated there in the past.

    The Yeehaw Junction site would have allowed the plant to guarantee delivery times -- something that's crucial in the industry.

    Many companies are eager to use the area as a distribution hub because of the existing road network.

    Engineer and landowner Shalloway plans to build a full-service truck stop, warehouse and distribution site bordered by Florida's Turnpike and U.S. Highway 441, just north of State Road 60 and Destiny.

    Commissioner John Qui�ones was the only commissioner to vote against the denial. He thought that cutting the lifespan of the plant would have been a good compromise.

    He told commissioners that although there were no guarantees of commission approval the county had to be careful about the message it is sending to other businesses.

    "I think we need to have a discussion on that as county commissioners," he said. "I didn't really see any evidence by the Destiny folks that there was going to be an impact."

    A neighboring landowner, whose parents bought the land near Florida's Turnpike, U.S. Highway 441 and State Road 60 in the 1970s as an investment, spoke against the project and the effect it might have on her property values.

    But the development group had experts who said that property values would not be hurt and that the plant was unobtrusive and environmentally safe.

    "This industry is not a polluting industry. It is not your grandfather's concrete plant," said Maib, who has faced opposition before. He is currently involved in a lawsuit against another county that denied his plant after neighbors complained.

    "I was very disheartened," he said. "We're talking about an area of county that is undeveloped. It's as good a location as you could ever ask for."




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


    Protecting State's Natural Beauty Provides Major Financial Rewards

    Published: April 19, 2008

    Environmentally conscious Floridians don't need another reason to encourage their elected officials to safeguard wildlife and wilderness lands. Protecting Florida's natural beauty should be a no-brainer.

    But for the naysayers and elected officials who cater to developers, a Florida Fish and Wildlife Conservation Commission consultant offers a financial reason: Wildlife viewing is a multi-billion-dollar business that lures millions of tourists and in-state folks.

    The findings by Southwick Associates of Fernandina Beach are almost as impressive as the state's varied landscape. Researchers used U.S. Fish and Wildlife Service, Census Bureau and other statistics to compile the report.

    In 2006 - the last year for which the relied-upon data is available - about 4.2 million people took part in wildlife-viewing activities such as bird watching, photographing Key deer, and viewing manatees.

    Of that number, 1.6 million tourists and residents traveled the state specifically to participate in wildlife-viewing activities.

    More than 740,000 were out-of-state visitors, making Florida the nation's top destination for these activities, with California second. That's something all Floridians should be proud of, given the popularity of the Golden State and the vast wilderness of Alaska and other states.

    Consider the economic impact - more than $5 billion in 2006, including $3 billion in retail sales that nearly doubled the $1.57 billion in 2001. This was in the form of purchasing binoculars, cameras, bird seed, campers and other goods and vehicles, as well as guide fees and other expenses.

    And thousands of people have jobs supporting wildlife viewing activities - nearly as many as those employed at Walt Disney World.

    The report also shows the importance of local and state land preservation programs. More than 1.4 million residents and tourists visited publicly held lands up and down the peninsula.

    And here's something for builders and developers to chew on: About 3.3 million Floridians participated in wildlife viewing activities either at their homes or near them. This serves as a strong incentive to develop environmentally friendly projects that protect wildlife habitat. People enjoy the outdoors. It's that simple.

    It's encouraging that the state, despite its growth, still retains features that draw nature lovers. Lawmakers and local officials eager to undo growth management laws and hesitant to continue funding preservation programs would be foolish to overlook nature's mighty contributions to the economy.

    MORE OUTDOOR BUCKS

    Florida isn't just an immensely popular state for viewing wildlife. It's a land of plenty for sportsmen, who also add big bucks to the economy.

    The state's 2 million anglers and hunters spend more than $4.8 billion a year on supplies, fees and other costs associated with their year-round pursuits - more than double the revenues of Miami-based Burger King, according to a report produced by the Congressional Sportsmen's Foundation.

    The report, "Hunting and Fishing: Bright Stars of the American Economy - A force as big as all outdoors," gives these tidbits:

    •Florida sportsmen spend just over $1 billion every year on outboard boats and motors used on the state's numerous lakes, waterways and other water bodies. Florida leads the nation in the number of days spent on the water.

    •Hunting and fishing pumps $13 million into the state's economy every day.

    •The state's number of hunters and anglers exceed the annual attendance of Florida's three professional football teams (2 million compared to 1.6 million).

    Fla. Gov. Crist criticizes tri-state water sharing proposal

    By BRENDAN FARRINGTON
    Associated Press Writer


    TALLAHASSEE, Fla. (AP) -- A federal proposal that would let Georgia keep more water during droughts instead of letting it eventually flow into Apalachicola Bay means Florida would be "bearing the brunt" of problems created in dry times, Gov. Charlie Crist said Friday.

    Florida has been quiet since the Army Corps of Engineers announced a proposal Tuesday that would allow greater storage in upstream lakes and lower river flows into Florida. But in a statement Friday, Crist said, "We will continue to pursue all opportunities to ensure protection for Florida's environment, economy and quality of life."

    Florida, Alabama and Georgia have fought for nearly two decades over water rights in the Apalachicola-Chattahoochee-Flint and the Alabama-Coosa-Tallapoosa river basins.

    Georgia wants to hold back more water in federal reservoirs to serve its growing population. Florida and Alabama argue Georgia hasn't adequately planned for growth. They say lowering the water flow into their states would be bad for the environment as well as small cities, power plants, industries and fisheries that rely on the rivers.

    In Florida, biologists and oystermen say Apalachicola Bay needs the right mix of salty gulf water and fresh river water for oysters to thrive. The area produces about 90 percent of the state's oysters.

    "We recognize that in times of drought, impacts will be felt throughout the river system. However, this proposal again leaves Florida's ecosystem and residents bearing the brunt of harmful conditions, rather than a shared adversity between our neighbors," Crist said.

    The new plan comes after settlement negotiations among the governors of Florida, Georgia and Alabama broke down in February, prompting Interior Secretary Dirk Kempthorne to say the federal government would impose its own solution.

    In times of extreme drought, the plan would continue a temporary provision announced last fall allowing river flows to dip below the current minimum of 5,000 cubic feet per second at the Jim Woodruff Dam, near the Florida border. Under particularly wet conditions, it also allows for reservoirs such as Lake Lanier, north of Atlanta, to keep up to 50 percent of their inflow instead of the current maximum of 30 percent.

    The plan is to be finalized by June 1.*
     

    Making Sure Citizens Are Heard

    Published: April 19, 2008

    Democracy is messy. Listening to competing viewpoints can be time-consuming and tedious. Speakers are not always articulate, diplomatic or coherent. That means government meetings will never function with auto-line efficiency.

    And that's just fine.

    Elected officials should make it a priority to listen to citizens, not shut them out and vote as quickly as possible.

    Thus, the importance of the "Voice of the People Act," sponsored by, among others, Rep. Michael Scionti, a Tampa Democrat.

    The bill would require governing boards to allow at least 15 minutes of public comment before every meeting and allow citizens to speak on agenda and non-agenda items. Significantly, it would allow citizens to request discussion of an item on the consent agenda, where numerous items are approved at once with little discussion.

    Too often it appears elected officials have little interest in hearing from the public. On Thursday, the Tampa City Council even considered a resolution to limit public input at monthly workshops. Fortunately, it was rejected.

    To be sure, citizens' comments are not always helpful. They may be ill-informed, confused, even insulting. But listening to the public is the price of public service.

    The Voice of the People Act deserves adoption.

    Visitors at event get glimpse of planned 'airplane community'

    By Jessica Metzger
    For The Herald

    NEWBERRY—Neighbors and residents ate barbecue and discussed plans for a proposed fly-in and golf community, Oak Tree Landing, on Saturday with the key planners of the project.

    Consultants, civil engineers, directors and architects from the Stiles Corporation, the company planning the new community, were available to explain plans, answer questions and listen to residents’ concerns.

    This community, located on County Road 232 and S.E. 80th Avenue and spanning 815 acres, is a controversial project because the community does not conform to Gilchrist County’s comprehensive plan.

    Residents are also concerned about traffic, plane noise and other changes that this airplane community may bring to the area.

    “We couldn’t have had a nicer day,” said Julie Cole, development consultant, as well as one of the event organizers. “The community did really come out. They got to see what we have planned.”

    Approximately 300-400 people attended the event, Cole said, put together by the joint efforts of Cole Development and Realty and the Stiles Corporation.

    “We want the community to have input,” she said. “They got to meet everyone who is involved in the project and see what an airplane looks like.”

    Resident Lynn Bischof said she liked the project.

    “I’m impressed,” she said. “If they’re going to have growth out here, this is a very nice thing. I think it’s a good way to get people out and inform them. A meeting wouldn’t draw them out.”

    Larry Murren, a neighbor just to the south of the property in Newberry, said he came because “he was kind of anxious to see what they’re going to do with it.”

    “Our main concern is how much noise there will be,” Murren said. “We have planes occasionally fly over (now), and that hasn’t been a problem.”

    Cindy Murren, his wife, said, “The biggest thing they could do for me is pave 80th Avenue — all of it.”

    Stacey Hoyt, another resident on CR 232, said she thought the event was a good thing.

    "They needed to provide some information to the public,” she said.

    Hoyt was mainly concerned about the lack of time restrictions on the use of the airstrip.

    “I think it’s going to be good for Gilchrist County, but I have some serious issues with the planes and jets disrupting our way of life,” she said. “I talked to (development officials). I thought they were informative.”

    “I think there are some things that need to be worked out, especially for people who want to live in the rural community,” Hoyt said.

    Aviation consultant Mark Schenieder said that the runway is public by statute but private in use. He said that he estimates that runway usage will be at an average of one to two times a day.

    Schenieder also said that the runway itself has been designed to keep big jets off.

    The golf course is another first for the area too. Forest Fezzler, a former PGA golfer turned course designer, is planning the 18-hole course.

    Cary Goldberg, the investment manager for Stiles Corporation, said Fezzler is known for utilizing the terrain he is given.

    Fezzler said this site has more potential than the past three sites he has worked on.

    “I love creating the golf course,” he said. “It’s an awesome, awesome site for golfers. We’re excited every time we come out here.”

    Leslie Remy, a resident from Bell, said she thinks the project as a whole is good for the community.

    “I think it’s a great thing and I think they have the money to do everything right,” she said. “I think Gilchrist could use the revenue from it.”

    Henry Langford, a neighbor to the property, said he is not so happy about the change.

    “I think it’s going to happen. I think one person waving a flag isn’t going to change anything,” he said. “With change, there will be more and more people, less and less property.”

    Terry Stiles, the chairman and CEO of the Stiles Corporation, said the event was designed to show the community what exactly they want to do to create with Oak Tree Landing.

    “We want to do it right,” he said. “If you check our reputation, we try to match the community needs. We build a quality project.”

    Cole agreed.

    “I truly believe this is a great project. It’s the right thing for the community,” she said. “When change comes, it’s very hard to accept it. But when you look and see what’s here, it preserves the land and beauty…If there’s any more development coming, this is the type we want.”

    Builders group sues Orange schools

    Group seeks lower impact fees in sales-tax feud

    Erika Hobbs

    Sentinel Staff Writer

    April 18, 2008

    Orange County's public school system is "misappropriating" $825 million in voter-approved sales-tax money because officials aren't using it to build new schools, a lawsuit filed Thursday contends.

    The Home Builders Association of Metro Orlando, which represents area developers, is asking a judge to force the school district to spend the sales-tax money on new schools.

    The trade group also is asking the court to lower the fees developers pay school districts to offset the cost of building new schools.

    School Board officials say they are building the new schools; they're just using a separate pot of money to do it. Administrators contend they've been good stewards of the half-penny sales-tax proceeds that the public approved in 2002.

    But that money, they said, no longer covers all of the projects originally planned, so they're now supplementing the budget with money from other sources.

    "We're not misusing any money," School Board Chairwoman Karen Ardaman said. "We're using all available capital resources -- not just sales-tax money."

    By filing the suit, the home builders group says it is making the leaders of the nation's 11th-largest school district stick to their promise to build new schools with voter-approved money and relieve crowding at existing schools. However, the group also hopes to lower impact fees they pay to the school district, fees that builders typically tack directly on to the price of a new home.

    District officials, however, say the suit attempts to derail efforts to improve dilapidated campuses across Orange County, and is a thinly veiled attempt to boost a stagnant housing industry.

    "Clearly this is all about shortchanging the community to subsidize a special-interest group, which in this case is the home builders," Ardaman said.

    Countered Tom Ross, the home builders attorney: "You know, when you catch a child with a hand in the cookie jar, the first thing they are likely to do is shift the blame and the attention to someone else. This is not . . . about impact fees. It is and has been about the School Board being held accountable" for the promises it made.


    A long-standing feud

    The lawsuit, filed in Circuit Court, escalates a long-standing feud between the two sides.

    Developers and school districts rarely see eye-to-eye on how to raise money for new schools. But in Orange, the issue is far more complicated.

    In 2002, voters agreed to a half-cent sales-tax increase. In return, the School Board promised to renovate 136 new schools and build 25 new ones with the $2.2 billion it expected to collect by the end of 2015.

    Over time, rising construction costs, hurricane losses, minimum class-size mandates and declining sales-tax collections all bit into that budget, School Board Attorney Frank Kruppenbacher said Thursday.

    The district scaled back renovation plans to cover 128 schools and boosted the budget by using impact fees, state funds and by borrowing. The 25 new schools promised during the sales-tax campaign are still being built, Ardaman said, but with other money.

    "We evaluated what would be the most efficient plan, and that is what we chose to help keep our promise," she said.


    Ruling cheers both sides

    During that same time, the district's impact-fee formula also came under review. A panel made up of county, school-district and home-builder representatives hashed out a new impact-fee formula, one that sharply increased the rate to $11,829 for a single-family home, up from $7,000.

    Last fall, representatives from the home builders questioned why they didn't get credit for those 25 new schools on the sales-tax list if impact fees were being used to pad the budget. Both sides asked Attorney General Bill McCollum for an opinion on how the sales-tax money could be spent and in which order the schools could be built.

    McCollum's decision last month cheered both sides.

    The School Board banked on this line in his ruling: " . . . the school board has flexibility to work within the terms of the plan as it prioritizes the use of these funds."

    The home builders group relied on McCollum's finding that district officials cannot use other sources of money to "supplant" the sales-tax funds.


    'A right to prioritize'

    Ardaman said Thursday that since the sales-tax program began, the district has either finished or is working on 49 schools. Nineteen of those are new schools, though most have been built with a combination of funding sources.

    "We are 'supplementing,' not 'supplanting' that budget," she said. "And we have the right to prioritize our projects as we see fit."

    But Ross said those figures are disingenuous because only one of those new schools, Wekiva High, was built solely with sales-tax money.

    "The School Board has no lawful ability to disavow their promise and to use the funds in manner different from the way they were directed to be used by electorate in the referendum," he said.

    If the board continues to use impact fees for new schools, developers should get credit for them, he said. If a judge agrees, Ross estimated that impact fees could drop by roughly $2,000 per single-family home.

    "The bottom line is, we feel like they ought to keep promises to taxpayers," said Don Wetherington, president of the home builders group.




    Erika Hobbs can be reached at ehobbs@orlandosentinel.com or 407-420-6226.

     

    A better way to preserve land

    Published Thursday, April 17, 2008 8:43 PM


    During the past 19 years, Florida has been engaged in the largest and most ambitious land-buying program in the nation. Begun during the administration of Gov. Bob Martinez as Preservation 2000 and continuing today as Florida Forever, the program has purchased more than 3-million acres of rural Florida land for conservation to assure future generations that open green space remains in our rapidly developing state and that the environmental splendor of our cherished heritage is retained.

    As a fifth-generation Floridian whose family traces its agricultural roots to 1635, I take a back seat to no one in my reverence for our rural lands and the commitment to preserve their character for my children and future generations. From an environmental standpoint, it is critical. From an aesthetic vantage point, it is vital. And from the viewpoint of the quantity and quality of our water supply, the purity of the air we breathe and the habitat of native wildlife and plants, it is absolutely indispensable.

    As we move forward, however, some tweaking of the program is necessary. The 3.5-million acres purchased by Florida, combined with an additional 2-million acres acquired by local water management districts, means that 5.5-million acres are under state or local management and effectively have been taken off the tax rolls. If you add the nearly 3-million acres of land in Florida owned and managed by the federal government, you're talking about 8.5-million acres in that status.

    If that weren't enough, insufficient funding is dedicated to managing the land we've acquired, resulting in the desirable parcels that we've set aside being inundated by invasive plants and animals that are inexorably destroying the local fauna and flora and fundamentally altering the character of the land we're seeking to preserve.

    So how do we move forward?

    I believe that when the Florida Legislature ultimately reauthorizes spending under the Florida Forever program, currently set at $300-million a year, we need to set aside a portion of the money to purchase development rights to rural property. Under that approach, at least a portion of the desirable land targeted for conservation could remain in farming or ranching. For parcels whose development rights the state purchases, the land could remain productive, taxes would be paid, the purchasing power of those working on the land would be preserved, and the property would be managed by its owner so its essential character would remain intact. At the same time, the state would have a contract in hand prohibiting the land owner from developing the property.

    While the price of purchasing the development rights would be negotiable, such purchases typically run only 50 percent to 60 percent of the cost to buy the land outright.

    This is not a new idea, as California, Georgia, New Jersey and many other states have programs that purchase development rights. It's time that Florida considers something similar.

    After all, if our goal is to protect desirable rural property from development and maximize our purchasing power, why not set aside some of the funding for a program that not only accomplishes that goal but also keeps the land on the tax rolls, keeps it productive and requires the owner to maintain the property in the condition that attracted state land-buying managers to it in the first place?

    Charles Bronson is the Florida commissioner of Agriculture and Consumer Services

     

    Forced To Give Up Condos

    Published: April 19, 2008

    Updated: 12:11 am

    TAMPA - Shane Mummery and dozens of his neighbors are on the verge of losing their homes - and they face hefty losses on their investments.

    They haven't missed mortgage payments, and they don't want to sell. But none of that matters.

    Mummery and his neighbors own units in a New Tampa complex that failed as an apartment-to-condominium conversion. The 396 units in Portofino were put on the market as condos in 2006, but the developer sold just 31 of them. Last July, an apartment management company bought the rest of the units. Now, that company wants to terminate the condominium, buy out the individual unit owners - at today's lower market rate - and convert the whole complex back to apartments.

    And, apparently, the condo owners may have little say. A revised Florida statute and provisions in the original condominium declaration make it easier for the developer to force owners out.

    What's happening at Portofino is a new twist in the real estate crisis sweeping the nation, but experts say it's likely the beginning of a trend in states such as Florida, where more apartment units sold as condos than in any other state. Thousands of these complexes have fizzled as condominiums. Other companies already are trying to terminate various Florida complexes, real estate attorneys say.

    For Mummery, it doesn't seem possible.

    "It was my interpretation that you buy property and no one has the right to take it from you as long as you make your payments," Mummery said. "I can't imagine being told by a court that you must sell, and you must lose money."

    Alan Pollack, an owner of the company, Chicago-based Providence Management Corp., said he understands the owners' plight but thinks it's in everybody's best interest to turn Portofino back into an apartment complex.

    "We're not kicking anyone out of their homes," Pollack said. "They can live there forever, they just have to rent."

    Thousands Of Apartments Have Reverted

    In the Tampa Bay area, dozens of converted apartment complexes are half empty. Since 2004, nearly 29,000 apartments were converted to condominium units in Hillsborough, Pinellas, Pasco and Hernando counties, according to New York-based research firm Real Capital Analytics. That's the third highest of all metro areas in the nation. Only the metro areas of Miami-Palm Beach and Orlando have more.

    So far, 3,500 units in the Tampa area have reverted to apartments, according to the research firm. Several of the conversion companies have gone bankrupt or let complexes fall into foreclosure. In many cases, the people who purchased units are living among a sea of renters.

    Donna Berger, a condominium lawyer with Katzman & Korr in Fort Lauderdale, said the Portofino situation is an "unintended consequence" of an amendment to a Florida statute. The revision, she said, was supposed to help owners terminate a condominium more easily in extreme cases, such as when a hurricane destroys the complex or makes it impossible to run it as a condominium.

    "This is the flip side of the statute," Berger said. "I don't think this is what legislators intended. This definitely opens the door for more condo conversions to be terminated."

    State law used to require 100 percent of condo unit owners to approve before a condominium could be terminated. The statute was amended in July to require only 80 percent of the owners' approval, unless 10 percent vote against termination.

    The 10 percent addition was intended to protect condo owners from developers swooping in and taking over, said Gary Poliakoff, of the Fort Lauderdale firm Becker & Poliakoff. But in the case of converted apartments that failed as condominiums, he said, it's possible for developers to acquire enough units to force the termination.

    At Portofino, the condominium declaration states that once the condominium is terminated, approving owners can buy units from disapproving owners at "fair market value."

    Now that the real estate market is in steep decline, fair market value means owners may be out tens of thousands of dollars compared to what they originally paid for their units. When the condominium is actually terminated, independent appraisers and an arbitrator could help determine the value.

    Armed with the statute and the condominium declaration, Pollack said his company is following the laws and exercising its rights. Officials at Providence Management knew about the statute and the document's wording in July when they purchased the 365 units for $120,000 apiece, Pollack said.

    Providence Management has two other projects in St. Petersburg, but neither is similar to Portofino. The company owns Lakeside Village Apartments, which it is rehabbing, and the former Plaza Fifth apartment building. Pollack said it is doing extensive rehabilitations and plans to call the finished building Skyline.

    Pollack said he understands why condo owners would be upset about losing money but said everyone will be better off in the long run if the owners "cut their losses now."

    "If only 10 percent of the units are owned and everything else is rental, how will anyone get anything out of their investment?" he said.

    The company plans to terminate the condominium soon and is trying to buy as many units now as possible, he said. It has been successful with three sales so far; all three sold in January for $127,000 each, according to the Hillsborough County Property Appraiser's Office. Condominiums at Portofino originally sold for an average of $150,000.

    Owners Say They Will Lose Thousands

    For the past few months, Pollack has contacted owners and made offers by phone. Mummery said he was told future offers on his one-bedroom condo would be lower and that he should sell now to get the most money.

    Mummery said he would lose at least $16,000 on a sale to Pollack and would likely go into foreclosure.

    Stanley Romanek said he paid $175,000 for his unit in October 2006 and was told at the time that the complex was nearly sold out. "I bought at the peak of the market," he said. "I have a lot to lose." Romanek said he hasn't been made a concrete offer yet.

    Jitendra Sutaria sold his unit to Pollack's company in February and said he lost $15,000 on the deal. He said he felt intimidated and thought the state statute and condominium documents were stacked against him. If he waited to sell, he said he feared he would lose even more money.

    Raymond Burger, a Tampa lawyer representing Mummery, said he thinks forcing the Portofino owners to sell is against their constitutional rights.

    "Just because something is written in the condo declaration, doesn't mean it's legal," he said.

    The courts may work out any legal issue, but for now, the statute appears to allow what's happening at Portofino, said Jon Peet, chief of compliance for the Florida Division of Land Sales, Condominium and Mobile Homes.

    Peet said he is aware of only one other converted condominium in circumstances similar to Portofino.

    The developers of Eden Condominiums in Boca Raton sold condominium units in one of its four buildings and planned to upgrade the others. But now that the market has changed, the developer wants to convert the complex into an assisted living facility, said Steven Platzek, an attorney for several of the condo owners.

    The developer has made offers to some unit owners, Platzek said, but none have closed. Some of the owners are upset the developer didn't finish the project as planned.

    He said he also thinks the amended statute opens the door for other condominiums to be terminated by developers.

    "The statute gives the developer the opportunity to exploit their position as the majority unit owner," he said.

    Pollack, of Providence Management, said Portofino is the company's first project to revert condos back to apartments but said it is actively scouting failed conversions that would make good investments. He said he thinks other companies are looking, too.

    The process of buying condominium conversion is complicated, he said. But if the company can buy now, while the real estate market is soft, it will pay off later when the market rebounds.

    "Some view these complexes as a headache," Pollack said. "I view them as opportunities."

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

     

    Code Enforcement cites south Marion asphalt pile

    Neighbors of paver's pit seeing red over the 'blacktop mountain.'


    BY CHRISTOPHER CURRY
    STAR-BANNER

    Published: Saturday, April 19, 2008 at 6:30 a.m.
     

    BELLEVIEW - Lake Weir Heights resident Wayne Hart knew he'd be living next to a sand pit when he moved here 18 years ago. He says he had no problem with that.

    But Hart and some of his neighbors were not prepared for what's been going on at the pit during the last few months.

    "Welcome to blacktop mountain," Hart says as he leads the way into his backyard.

    Past his fence line rises a roughly 50-foot high hill of asphalt millings, removed during road construction projects. Twice, Lake Weir Heights residents have gone to the Marion County Commission with complaints of heavy dump trucks rumbling in late at night to drop off the asphalt, the sound of their slamming tailgates echoing in the darkness.

    Hart said they're also worried about potential for groundwater contamination from antifreeze and oil that has leaked onto the asphalt over the years. When it rains, run-off from the asphalt hill flows down into the sand pit, which is less than 100 feet from where neighbors have their drinking wells, he said.

    "Everyone's wells are along here," Hart said. "Just prove to us this won't hurt us or our kids five to 10 years down the road."

    Inglis-based road construction firm D.A.B. Constructors Inc. purchased the sand pit operation in September 2006 for $2 million. That was a couple of weeks after the Florida Department of Transportation awarded the firm the $23.9 million contract for the County Road 484 extension. Now, the 39.9-acre property has become a staging area for that road project, with the big asphalt hill, concrete barriers and fill dirt on site.

    Jeff Prather, a spokesman for the Department of Environmental Protection's Orlando office, said inspectors went to the site and found it in compliance because the asphalt millings were only being stored temporarily, not disposed of there.

    The Marion County Code Enforcement Department has issued a notice of violation against D.A.B. At first the department gave a mid-April deadline to remove the asphalt pile. But that was moved back to May 5 because the department's initial instructions to D.A.B. were that the firm could apply for a special use permit to store the asphalt in the agriculturally zoned property.

    Code Enforcement Director Sam Luckey said a subsequent discussion with the Zoning Department changed the county's stance to say no asphalt storage is allowed on agriculturally zoned property. D.A.B now has a May 5 deadline to remove the asphalt or the case goes to the Code Enforcement Board. Luckey said if the code board upholds the violation, it will issue a new deadline for removal before any fines start. He said the length of the code enforcement process may frustrate some, but the county has to provide due process.

    D.A.B. lead attorney Joe Lott said the company has a strong legal case and the big pile of asphalt poses no health risk. He points to a 1998 study by the University of Florida's Hinkley Center for Solid and Hazardous Waste Management aptly titled "Leaching Characteristics of Asphalt Road Waste."

    That study concluded that the levels of two types of toxic substances seeping out of asphalt piles - polycyclic aromatic hydrocarbons and volatile organic compounds - were low enough to pose "minimal risk." Timothy Townsend, the lead researcher on the study, said there were higher lead concentrations in some samples stripped from older roadways, probably from leaks when cars still used leaded gasoline.

    Lott points to that study and says D.A.B. considers the asphalt millings the same as clean fill for road projects.

    "We are convinced - and we've done the research - crossed the t's and dotted the i's - there is no environmental impact there," Lott said. "But at the same time, we may remove it just to avoid the fight ... we have no intention of leaving that there permanently, but we feel we could legally."

    Christopher Curry may be reached at chris.curry@starbanner.com or 867-4115.

     

    Developer offers land plus building deal

    By S.I. Rosenbaum, Times Staff Writer

    Published Wednesday, April 16, 2008 2:51 PM


    RIVERVIEW — A local developer who offered up land for the Brandon Advantage Center at a bargain price will be first in line to design and build the multi-million-dollar project, board members say.

    And he's named a projected cost that's more than double the money raised so far.

    Last month, developer John Sullivan approached the project's nonprofit board with an offer: He'd sell them a $4-million parcel of land at his Winthrop development in Riverview for only $750,000.

    The board members were pleased. For years, the Advantage Center — a planned multi-purpose civic center — had been a dream without a home.

    "No one else has stepped up to the plate" to offer land, board president Miller Dowdy said.

    Sullivan says the offer "has no strings."

    But Dowdy says there was a condition: Sullivan would be the "preferred" contractor on the project.

    "Could I have brought in another contractor? Sure," Dowdy said.

    "But then, as part of the deal, we would have had to pay fair market value for the land."

    Sullivan, however, said there was no quid pro quo on the land deal.

    "There's always the soft loyalties to someone who stepped up and did something, but that's the extent of it," he said. "If I donate my time and do something, they will think of me first when they do something."

    The St. Petersburg Times leases office space from Sullivan at Winthrop Town Centre in Riverview

    Both Sullivan and Dowdy stressed that the board has not yet contracted with Sullivan.

    But the project hasn't been offered to anyone else, and the board hasn't solicited bids on the project-management job, Dowdy said.

    "When you have an offer in front of you of $3- to $4-million (in savings on the land price), it's very hard to say, 'Why don't you hold that and we'll see if anyone else will offer us that kind of money?' " he said.

    Although the Advantage Center will be funded in part by tax dollars, as a private-public partnership, there's no legal requirement for a competitive bidding process, said Ben Wilcox, executive director of the government-accountability group Common Cause Florida.

    "I do feel that it's very difficult to determine who's really benefiting here," he said. "And as for the use of public funds, whether that's being spent in the most efficient and effective ways, it's impossible to tell given the nature of the deal that's been made."

    Last month, there was a series of public meetings to gather input from the community about the center and to explore the building's projected cost.

    When they were done, one of his estimators came up with the projected price tag of $8.2-million.

    So far, state Rep. Trey Traviesa, R-Tampa, has secured only about $3.4-million in state and federal funding for the quasi-public project. Organizers had hoped to raise private donations to cover the rest.

    Part of the reason for the higher cost is that the Federal Emergency Management Agency has increased its requirements for hurricane shelters — one of the Advantage Center's projected uses.

    For example, instead of requiring shelters to withstand only 120 mph winds, the agency now requires them to withstand winds of 200 mph.

    FEMA had promised $1.4-million in funds before changing its standards but has yet to increase the figure to match, said Rachel Burgin, Traviesa's aide.

    Similar projects across the state are in a similar bind, Burgin said.

    "There have been other centers that said, 'Forget it, we're not having a hurricane shelter,' and they found other ways to fund it," she said.

    Now, the center's planners are asking the agency to increase the funding to match the heightened standards, Dowdy said.

    "You can't change the standards on us and then expect us to build with the old dollars," he said.

    "We have to come up, as a board, with a way for each component of the center to pay for itself."

    Sullivan agreed.

    "We're not looking at this as being a major financial coup for us," he said.

    "I don't know if you'd want to take on a project that cost $8.2-million and there's $3.4-million in the bank. Most people wouldn't do that."

    S.I. Rosenbaum can be reached at srosenbaum@sptimes.com or 661-2442.

    Local Job Market Worsening

    Published: April 18, 2008

    TALLAHASSEE - TALLAHASSEE - The local labor force has grown by nearly 3,000 since 2006.

    That has not translated to a stronger job market. In fact, the opposite is true.

    In spite of the spike in the number of work-eligible residents, only 763 more people have jobs today compared to two years ago, according to state data.

    The unemployment rate has soared from 4.1 to 7.0 percent, leaving Hernando County with the second highest unemployment rate in the state behind Flagler County.

    "It's really a multiplying effect," said David Hamilton, of Career Central. "It spreads out. If one good paying job is lost in one area, there are two or three more jobs under it that are affected."

    Hamilton further explained it this way:

    A home builder is unemployed because of a slumping housing market. Brick masons, framers and roofers who rely on that industry also are out of work. Before long, there is a decline in jobs among manufacturers, lumber companies, drivers and home supply retailers.

    If one sector is suffering, it is guaranteed to spread to other areas, Hamilton said.

    The labor force in Hernando County as of last month was at 63,228. People 16 and older who are working or looking for work make up the labor force, Hamilton said. Full-time students, stay-at-home parents, people on disability and retirees are not included.

    Out of that labor force, 58,805 people had jobs. That means 4,423, or 7 percent, were unemployed.

    Only Flagler County, located north of Daytona Beach, had a higher unemployment rate — 7.6, according to figures released by the state.

    "It's certainly disappointing to know unemployment has continued to rise," said Deputy County Administrator Larry Jennings. "That definitely makes us want to diversify our economy more, which is something (we've) been talking about for a while."

    Florida's unemployment rate was at 4.9 percent, a 0.3 percentage point increase from the previous month.

    Its March 2008 unemployment rate is the highest since February 2004.

    Florida remains below the national mark of 5.1 percent.

    The Tampa metropolitan area — the second largest behind Miami-Fort Lauderdale — rose from 4.8 to 5.1 percent unemployment from February to March. More than 1.3 million people make up the region's labor force.

    Hillsborough, Pinellas, Hernando and Pasco counties make up the Tampa metropolitan area.

    Nineteen counties have a higher unemployment rate than the national average and 34 are higher than the state average, according to the Florida Agency for Workforce Innovation.

    Reporter Tony Holt can be reached at 352-544-5283 or wholt@hernandotoday.com.


    By Michael Pollick
    Published Saturday, April 19, 2008 at 4:30 a.m.



    Unemployment shot up in Southwest Florida during March, with rates rising even faster than in the state as a whole.

    Charlotte County came close to breaching the 7 percent figure during March with the third highest unemployment rate in the state.

    Both Sarasota County -- with an unemployment rate of 5.5 percent last month -- and Charlotte County were higher than both the state and national averages. Manatee County's rate was 5.1 percent in March

    The Agency for Workforce Innovation reports that 4.9 percent of the state's labor force was out of work in March, the highest number since February 2004.

    Roughly 30,000 Florida workers lost jobs in March, most because of the construction decline.

    The construction industry has lost more than 82,000 jobs in Florida in the last year as the housing market slowed.

    The new figures mean about 452,000 people are unemployed out of a work force of about 9.2 million.

    "The impact of the housing meltdown continues to adversely affect the state's economy," said Sean Snaith, director of the University of Central Florida's Institute for Economic Competitiveness. "We can expect more job reports like this one over the next three to six months."

    The 6.9 percent figure for Char- lotte County was surpassed only by Hernando County at 7 percent and Flagler County at 7.8 percent. Charlotte's rate was up from 6.5 percent in February and 4 percent from a year ago.

    Charlotte, Sarasota and Manatee had a combined unemployment rate of 5.6 percent last month compared with 5.3 percent in February and 3.4 percent a year ago.

    In the trenches in Southwest Florida, the job hunt picture is definitely grim.

    Angela Stamper was trying to get back into the job market, working on her resume in between making phone calls from the Jobs Etc. office at 3660 N. Washington Blvd. in Sarasota.

    "I'm getting frustrated already, and this is my first day out," Stamper said. "Where am I going to live making $8 an hour?"

    "You are finding that there are a multitude of candidates for each position," said Lisa Pierce, director of operations at Ad-VANCE Personnel Services in Manatee County. "It is not uncommon for an entry-level clerical position to have 45 candidates."

    One of the people she is helping to keep employed is Daniel Hoffman, an attorney with a background in employment law laid off by the city of Venice about a year ago.

    Hoffman has not been able to match his skills to a job since then.

    For the last few weeks, he has been helping out at Big Summer Gold Card, a golf marketing company with offices off Bee Ridge Road in Sarasota.

    "I am answering the phones, inputting customer orders and stuffing envelopes," he said.

    "Too many attorneys," said Hoffman, sitting in his cubicle, looking ready for any corporation in his blue blazer with gray slacks. "This town is just crawling with them."

    He has a couple of lawyer-type interviews cooking, one with a county elsewhere in Florida and another in Seattle. Meanwhile, "I am doing this to pay the bills."

    There were 22,135 unemployed people in the region last month, a 60 percent increase from 13,891 in March 2007. The region's total employment has shrunk from 390,446 a year ago to 374,010, a 4.2 percent decline.

    Sarasota County's 5.5 percent unemployment in March was the 16th highest rate in the state. In February, it stood at 5.2 percent and, a year ago, 3.4 percent.

    Manatee County's 5.1 percent unemployment rate was the 23rd highest of Florida's 67 counties with 5.1 percent. That compared with 4.8 percent in February and 3.2 percent in March 2007.

    All three counties had a higher rate than the overall state average, with both Charlotte and Sarasota exceeding the national rate of 5.2 percent.

    Going into the summer travel season, hospitality and leisure services stand out as remaining sources of new jobs in Florida, said Snaith, the UCF economist.

    "Leisure and tourism remain one of the few bright spots in Florida's economy," he said. "But higher gas prices and worsening conditions in labor markets put this sector in jeopardy, as well."

    R.J. Minton knows all about hospitality. His R.J. and Co. of the Gold Coast is a one-man shop that hires supplemental staffers for catering and provides some in-home work for bartenders and servers.

    Fundraising galas are the main reason for the business to exist in Sarasota, Minton said.

    While some of the parties he is staffing are not inviting as many people as they used to, the business is holding up fairly well, Minton said.

    "There are plenty of applicants," he said. "I have had a much easier time finding what new help I have needed this year than I have in the past. There are more people looking for something extra."

    Starting pay for servers: $10 to $12 per hour.
    mřřs *

    Dune plants destroyed

    Contractor plans to replace vegetation

    BY JOHN A. TORRES
    FLORIDA TODAY

    "Balsa" Bill Yerkes used to shore up the dunes behind his house by placing leftover Christmas trees on the sand and letting Mother Nature do the rest.

    Last year, he stopped a neighbor from throwing out a dozen century plants so he could plant them on the dune behind his Satellite Beach surf shop. The county joined in as well, planting sea oats on the dune.

    This week, Yerkes and his wife were stunned to see most of the vegetation on the dune destroyed by contractors hired by the county to replenish those very dunes.

    "Vegetation is what prevents erosion," Yerkes said, pointing to a backhoe sitting atop the dune right by a sign warning people to keep off the dunes. "Without vegetation the rain comes and washes all the sand away. A good high tide can come up and take it out as well.

    "Why don't they just dump the sand in the ocean now?" he added. "They're just wasting taxpayer money."

    In February, the county embarked on a $3 million beach renourishment project that was seen as a short-term fix. More than $40 million has been spent since the 2004 hurricanes to replace beach sand. The project, slated for completion by the May 1 turtle nesting season, will have dumped 128,000 cubic yards of new dune sand by then.

    A recording with the Brevard County Natural Resources Management Office says "Care will be taken in placement of sand in order to neither damage nor bury any vegetation that has established itself naturally or has been planted on the dunes."

    'Unfortunate'

    Mike McGarry, beach project manager with the county, called the incident an "unfortunate necessity," explaining that the contractor had no other way of getting the sand on the beach without destroying the existing vegetation.

    "The contractor is replacing that vegetation at his own expense," McGarry said. "All that dune vegetation that was placed there was part of the restoration project. We try to impact it as little as possible."

    McGarry agreed that the root system of the sea oats play a major part in keeping the dunes together.

    "It plays a very large part," he said. "And the vegetation itself traps wind-blown sand. That's why it will be replaced."

    This was not a problem during earlier parts of the restoration done in the South Beaches area, where the dunes were basically nonexistent. Florida Fish and Wildlife Commission biologist Allen Foley said it's common sense that the better vegetated a beach and dune are, the less erosion will occur.

    Nola Yerkes, Bill's wife, said contractors assured her they would not disturb the existing vegetation on the dune. She could not understand the logic of dumping sand without properly reinforcing the dune.

    "Last May, the rains came and washed it all away," said Nola Yerkes, blaming the lack of vegetation on the dune.

    She was referring to the 2007 storms that were blamed for sweeping $10 million worth of sand from Brevard's beaches.

    A grant from the Florida Department of Environmental Protection is funding between 40 and 50 percent of the project. County dollars are covering the rest.

    A large-scale dredging project in South Beaches would cost up to $62.5 million, according to the county's coastal engineering consultant. So in December, commissioners directed the staff to look into setting up a beach and shore preservation district that would operate similar to the Sebastian Inlet Taxing District.

    Off-color?

    Some have complained about the new sand's coloring, which appears to be more orange than white. The contractor, CKA LLC of St. Cloud, has been using sand from five regional borrow pits in Brevard and Indian River counties.

    McGarry said the sand is very good beach quality and that the color will change as it gets weathered and dries out a little.

    "It's checked every day," McGarry said. "It's true that the material is slightly darker than what's on the beach but that's because it's wet. Once it dries, it lightens up."

    McGarry said all the samples taken have met specifications of the quality control plan approved by the state.

    He said roughly 100 samples have been checked so far and that everything has met specification.

    "People like to use the word dirt but all the samples have met the state standard for beach quality," he said. "The county's standard is even stricter and the samples have met that standard as well."

    Susan Valentine, a Floridana Beach resident who has taken an active role in pushing for beach restoration, said she was pleased with the project so far.

    She said the wet sand will eventually change color.

    "Twenty dump loads of wet sand are going to stay wet for a while," she said.

    Foley with the Fish and Wildlife Commission said different color sand should not affect the ecology and the upcoming sea turtle nesting season as long as it is the same quality sand that already is on the beach.

    "The two important questions are whether they can build the beach back up in the way it was naturally and are they good at determining if the sand is the same quality," he said.

    "Mistakes in either regard may change things dramatically."

    Contact Torres at 242-3649 or jtorres@floridatoday.com.

     

    Sewer plan sounds painful. But still ...

    Published Friday, April 18, 2008 at 4:30 a.m.

    The Englewood Water District is ready to design and lay sewer lines for nearly 10,000 homes and lots in East Englewood now served by septic systems. Cost for each parcel: roughly $9,000.

    Talk about a political minefield.

    This is not a done deal. Yet. But something is probably going to happen. On Thursday morning, the district's board of supervisors voted to reopen with Charlotte County negotiations that were interrupted by Hurricane Charley in 2004.

    Wait a minute, you say. That area lies outside the Englewood Water District's service boundary and gets its water from Charlotte County Utilities.

    True, but there's a catch.

    In 1989, the county ceded its sewerage rights in East Englewood to a private company called West Charlotte Utilities. Five years later, when the water district bought West Charlotte Utilities, it also paid for those rights, valued in 2004 at $8.3 million. Since then, water district customers in Englewood have borne the interest costs of that investment with no way to recoup their money. Now there's a way. District administrator Rich Rollo says return of an investment on sewers takes fewer than 10 years.

    From an environmental standpoint, sewering East Englewood makes sense. While a good septic system works fine, many, especially the older ones, do not. And during torrential rains, even the best systems fail, allowing waste water to run into swales and drain into Lemon Bay or the Myakka River.

    With environmental regulation of runoff getting tougher by the year, sewers loom in the near future anyway. The water district just wants its money, which could lead to a number of outcomes, depending on the negotiations. Assuming it would be best for customers to deal with one utility: the county could simply pay the district $8.3 million and regain the sewer rights; the district could give the county the rights, then when the county installs sewer lines, the district could charge for the wholesale treatment; or the district could buy the county's water rights, valued at $12 million or so.

    The latter option would improve the drinking water for East Englewood, and it would give residents voting rights for the water district board, which is elected. The idea is not too farfetched, considering that the county already has long-range plans to build a water treatment plant in West County, Commissioner Tom Moore said Thursday.

    As Rollo mentioned, no matter who extends the sewer lines, "it won't be pleasant." No one appreciates paying $9,000 in impact fees and $1,000 to hook up to sewer lines, only to see their water bills double. On the other hand, the district has sewered most of Englewood with no political bloodshed. Maybe it can pull this off, too.

     

    A multigenerational beacon for sweet tooths

    Published Friday, April 18, 2008 7:15 PM


    HUDSON — The blueberries are slow to ripen this year because of the cold fronts that blew in this winter. But they're coming. On each green and purple cluster, there is usually at least one big, fat, juicy blueberry. By the end of this week or next, all the bushes at Brenda's Berry Barn should be sweet and ripe.

    Brenda Short and her husband, Jerry, started this farm in Hudson four years ago as a retirement plan. They're both now in their late 50s. Jerry still works in maintenance for the county. They've got a big red barn next to their fields, where they can stand in the shade and sell preserves, produce, crafts and buckets for people to pick their own berries.

    On any given day, it's a multi-generational affair: Brenda's 87-year-old mother, Margaret Fry, sometimes works the register. She is turning 88 next month and has survived five bypasses and two battles with cancer. She lost her husband, Carl, three years ago. Carl was the nature lover who taught his children and grandchildren the names of trees and plants. A few days before he died, he was out in the blueberry fields, picking weeds.

    "I had never tasted a blueberry before we started this," Margaret said Friday in the barn. "Isn't that something?"

    And one of Brenda's 14 children is bound to be there, usually with a child of their own in tow. Brenda and Jerry had three children and then adopted 11 more. Brenda, along with her mother, has a deep belief in God. She isn't looking to adopt more children, but if one came to her, she wouldn't say no.

    "If God sent me one," Brenda said, her voice trailing off. All of her children are grown and out of the house now, but it doesn't seem lonely, because they visit often.

    Margaret's great-grandchildren call her Grandma Great and she grins hearing them say it.

    "I have 26 grandchildren and 20-something great-grandchildren," she said. "Can you believe that? And I love every one of them."

    The parking lot around the barn is soft, deep sand that pillows around tires, making the first turn into this farm a different world for most of the suburban moms and kids who come here to pick blueberries.

    "It's dirty here!" one little boy whined as he got out of the car, walking gingerly on the sand. His sister was behind him, pointing out a chunk of dirt.

    "I think that's poo behind you!" she said.

    "Ewwww," the boy said. "Poo!"

    But as they walked, bucket in hand, into the field, their misgivings melted. For most of the children, the bushes are taller than them, and they can escape into their imaginations.

    "Blueberry heaven!" one girl kept shouting. "I've found blueberry heaven!"

    "Here is a yummy big one!" another girl yelled. "Look how big it is!"

    "Mom?" one girl said.

    "Yes?"

    "I've been eating a lot of blueberries," she said.

    Every few minutes, an adult voice will shout children's names and the kids will yell back, sticking their hands up so they can be found. But mostly, though, it's pretty quiet, people moving slowly from bush to bush, picking the berries, focused and feeling the breeze.

    Erin Sullivan can be reached at

    esullivan@sptimes.com or (813) 909-4609.

    Smart Growth Includes Constraining Density In Transitional Areas

    Published: April 13, 2008

    It's always a slippery slope when elected officials consider development projects in rural areas, but Pasco County officials face a more arduous task in considering a residential project proposed on unincorporated land abutting Dade City.

    The project, called Citrus Ridge, would consist of 358 homes on 112 acres on the north side of St. Joe Road, designated a rural scenic road in the county's comprehensive land use plan.

    More importantly, the land is in a transition area, adjacent to the Northeast Pasco Rural Protection area, and that's where the rubber hits the road.

    As it stands, the proposed density - three units an acre - is too high. It's equivalent to the overall density of the city, so it is inappropriate for the Dade City transition area.

    In a transition area of this type, density should be lowered, not maintained. It's that simple.

    Dade City officials have correctly recognized this planning principal - twice. The first time occurred when the developers submitted their original 450-home proposal, floating it for annexation into the city. City commissioners said no because the density was too high, which was refreshing.

    The city's second objection, which is continuing, was raised after the county's Development Review Committee expressed concerns. That resulted in the developer reducing the number of homes to 358. But as city officials and residents maintain, that density is still too high.

    Their concerns shouldn't be ignored. For starters, the county's own land use plan requires that new projects in the transition area be evaluated with the rural protection plan in mind - including "harmonious and appropriate transitioning of residential land uses."

    In addition, comprehensive plan amendments that would increase densities in the transition area "shall be held to the same standards of ensuring compatibility" with the rural protection area, the plan states. This should ensure that citylike densities don't ruin the character of rural areas or result in sprawl.

    City officials also have a legitimate concern about the impact to St. Joe Road, which has two lanes. Part of the road - at 21st Street, an extremely tricky intersection - is already congested, and allowing such high-density development will only make matters worse.

    Without question, Dade City will bear the brunt of Citrus Ridge. The tract adjoins property in the city to the west, northwest and southeast. Nearby homes are on minimum half-acre lots, and homes in a new subdivision will have lots no smaller than that size, too.

    Citrus Ridge would surpass that density. County officials should be good neighbors and acquiesce to the city's issues.

    County and city officials also would be wise to get together with the developer to resurrect the possibility of annexing the land into the city - with a lower density, of course. The land is essentially an enclave, and it would make better sense if it was included in the city, especially considering that the land directly west already has been annexed.

    The developers do deserve some credit, not only for reducing the proposed number of homes the first time but also for recently pulling back on the project in order to meet further with local officials and residents to gain support. It appears they're trying to be good neighbors.

    But eventually, the final decision will rest with county commissioners, not the developers. Commissioners need to understand a transitional area for what it is and lessen the impact on Dade City and the Northeast Pasco Rural Protection area by ordering a further reduction in density.

    Did appraisers juice Florida real-estate market?

    SPECIAL REPORT: Under pressure, some set home values higher

    Mary Shanklin and Vicki McClure

    Sentinel Staff Writers

    April 13, 2008

    Almost every street has one: a vacant house that sold a couple of years ago for a jaw-dropping price. It could be another example of appraiser-inflation during the overheated housing market, which saw property values soar tens of thousands of dollars with each sale.

    Appraisers so commonly pumped up house values to meet demands of developers, real-estate agents and lenders that complaints against them tripled in Florida in recent years -- the largest complaint increase for any profession regulated by the state.

    Frank Gregoire, former chairman of the Florida Real Estate Appraisal Board, said most appraisers are honest but some succumb to pressure from lenders who want higher appraisals.

    "I'm not alone. Plenty of appraisers want a light shined on this," said Gregoire, who owns an appraisal company in Pinellas County and is campaigning to become Pinellas property appraiser. "Consumers need to know about what they are buying and the devastating effects of this on their neighborhoods."

    Ninety percent of appraisers reported last year that they felt pressured to adjust property values -- up from 55 percent in 2006, according to a nationwide survey of 1,200 appraisers by October Research Inc. The pressure came primarily from mortgage brokers but also from real-estate agents and brokers.

    High appraisals lead to buyers overpaying, and that often leads to foreclosure. And inflated values ripple through neighborhoods, driving up property taxes and leaving abandoned houses behind. Metro Orlando ranked in the top 25 for foreclosures among 229 metropolitan areas, a recent RealtyTrac study found.

    Some appraisals highlighted by regulators and local officials:

    *Appraisers reported that Lancelot condos near Winter Park were hundreds of square feet larger than their actual size.

    *One appraiser certified he had inspected homes throughout Central Florida even though he was in North Carolina.

    *In Oviedo, a number of appraisers said Lakeside Villas condos were worth sales prices of about $240,000, though the price included about $40,000 of buyer incentives.

    Inflated appraisals have led to mortgage fraud throughout Florida, according to the FBI.

    "The appraiser is the key," said federal agent agent Norm Meadows, based in Tampa. "They are the professional who gives the number that everyone really relies on. That's the key to the fraud."

    Experts estimate that about a third of homes nationally are overvalued by at least 15 percent because of fraudulent appraisals, and those numbers are likely substantially higher in Florida.


    No unflattering photos

    The story of a California nurse's purchase of a Florida home illustrates key factors with high appraisals: Lenders pressure appraisers for high values, and buyers want appraisals high enough to exceed the price so they can qualify for a mortgage and feel as if they got a deal.

    Though buyers pay for appraisers, they often let the mortgage brokers select them. Mortgage and real-estate brokers, appraisal-management companies and banks usually choose the appraiser.

    "The manner that they use to game the system now is either mass faxes or mass e-mails," Gregoire said. "Loan originators around the country will send out a notice: 'We're going to do a loan . . . can you get me $500,000? If you can . . . you'll get the assignment."

    One "blast" message sent in December 2006 offered Gregoire and others $350 for an appraisal of a St. Petersburg house. It cautioned appraisers about photographing the house: "Photos CANNOT contain pictures of any person OR UNFINISHED/CONSTRUCTION/DAMAGE PICTURES!!!"

    Repeated calls to the company and the broker for comment went unanswered. Cheryl Oliphant of Santa Monica, Calif., bought a house that lenders shopped to appraisers as being worth $550,000. The registered nurse now thinks the appraisal was inflated.

    A novice real-estate investor, Oliphant said she used her retirement savings and bought at the top of the market, thinking she had a great deal and instant equity in the house because it appraised for $50,000 more than the $450,000 sales price.

    "The appraisal was wishful thinking," said Oliphant, who could not provide the appraiser's name. "I became a little suspicious later when I went to refinance and the next appraiser was having a hard time finding the value."

    Oliphant has been trying to sell the house at a $100,000 loss and plans to file for bankruptcy, losing her $50,000 down payment. She said she might ultimately have to abandon that house and four others she bought in Florida.

    Complaints against appraisers still number in the hundreds, but the steep increase shows a growing awareness of the role they played in inflating the housing bubble. The reasons behind the complaints vary, but appraisers often cite pressure from mortgage brokers.

    Appraisal professionals generally earn $200 to $500 for preparing reports and usually do not get a premium for accepting conditional assignments, Gregoire said. Though that might seem like a small fee in exchange for compromising the integrity of an appraisal, it can help pay the bills, he said.

    "When you're looking at the prospect of not being able to pay your electric bill, when you don't have any groceries, when you're saying to yourself, 'I've got bills to pay,' " the longtime appraiser said, "some of them succumb."

    Matt Smith, managing editor for Real Estate Technology News, said pressure on appraisers to restate values is nothing new. "But it's been escalating to alarming levels in recent years," he said. "It's the only profession I know of where the better you are at doing your job, the more training you have and the more ethical and honest you are, the more you are punished with fewer assignments and blacklisting."

    John Mechem, spokesman for the Mortgage Bankers Association, said lenders want legitimate appraisals because they are left with the property when buyers lose homes in foreclosure. In addition, lenders are contractually obligated to investors to get objective property appraisals.

    "We believe that appraisers should be free of pressure from brokers, lenders or real-estate agents, and that appraisers have an obligation to both the lender and the borrower not to succumb to such pressure," Mechem said.

    Officials with the American Society of Appraisers say that although loan underwriters are left with bad loans when appraisals overstate values, higher sales prices also mean more fees for mortgage brokers.

    Some appraisers say the criticism is unfounded.

    "The funny thing is, and I used to teach appraisal, what is the definition of market value? It's the value reached by a willing buyer and a willing seller in a free and open market," said James Studeman. The former appraiser lost his license in September for stating he had inspected homes throughout Central Florida even though he was in North Carolina. He said he relied on detailed photos from his trainees.


    New homes prone

    Homes most prone to appraisal abuse are condo conversions, new homes and rural properties because there are few comparisons.

    In new subdivisions and condominiums, developers need at least one or two appraisers to set a pattern of high values for the first few sales because subsequent appraisals will use the initial sales as comparables, said Ellen Wilcox, special agent for the Florida Department of Law Enforcement.

    "Once a couple sell at that higher price, then you've established a value for that subdivision, and it hurts anyone who buys in that subdivision," Wilcox said.

    On custom and rural homes, appraisers can more easily pad the value, with few homes to compare. Adam Sleap, president of Florida Realty Investors, said he shies from buying those homes because the appraisals are less reliable.

    "There is no question that appraisers who are unethical made some contributions to the drive-up in prices," Sleap said. "It also it contributed to the drive-up in prices of houses that were more unique, more custom."

    In a case resolved by the state in 2006, Winter Park appraiser Cecil Wright compared a custom home on 5 acres in a rural area of southeastOrange County to homes more than 10 miles away. Unlike the home being appraised, most comparison homes were on a lake or golf course. One was 16 miles away on Genius Drive in Winter Park's exclusive Windsong community.

    Two subsequent appraisers said the house was worth about half the $800,000 value that Wright had figured. He would not comment but told state investigators that comparable homes used by other appraisers were not valid because the home he appraised was of superior quality. The state Real Estate Appraisal Board fined him $2,250 and suspended his license for a month.


    Cheap commodity

    Florida regulators have been overwhelmed with complaints, so unethical appraisers have continued operating for years without sanction, and the state has violated federal oversight standards.

    Complaints against appraisers rose so much -- tripling from 220 to 680 in just three years -- that the state Department of Business and Professional Regulation failed to meet federal standards for resolving public complaints in a timely manner, according to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

    Currently the state real-estate and appraisal boards share 29 investigators; the Legislature added two positions last year.

    From a third to half of the public's complaints against appraisers went unresolved for more than a year, according to records from the federal-review panel. Though the state has continued to tackle the backlog, the state Real Estate Appraisal Board still had four dozen cases that were at least a year old as of December.

    Gregoire said it's unfortunate that unethical appraisers keep working while the state catches up. Some states suspend someone's license in an emergency.

    The "vast majority are honest and hardworking, and they would like to eliminate the riffraff and run them out of the profession," he said.

    Unfortunately, he added, loan originators sometimes keep shopping until they find someone who will give them the price they want.

    Mary Shanklin can be reached at 407-420-5538 or mshanklin@orlandosentinel.com. Vicki McClure can be reached at 407-420-5540 or vmcclure@orlandosentinel.com.

     
    Mike Thomas

    COMMENTARY

    April 13, 2008

    I discovered Montverde 20 years ago on our bike races through rural Lake County.

    It had the only convenience store for miles, so we always stopped. The town's most notable features were the one blinking light, the boarding-school academy and neighboring Lake Apopka.

    It was here that Ginn Resorts announced plans to build Bella Collina, an exclusive lakefront development to rival Isleworth in prestige and cost. Mansions would line the soupy, polluted lake, with the lots alone costing $1 million to $2 million.

    I knew then that the real-estate market had tipped into insanity. This was orders of magnitude crazier than the downtown-condo craze.

    I wouldn't have bought a lot on Lake Apopka if you threw in a Ford F-250 and offered to strap down the trailer. Yet investors fell from the skies, almost like the birds that once plunged into the lake after eating fish contaminated with farm chemicals.

    During its first sales event in April 2004, Ginn reportedly broke a real-estate record by selling nearly 400 home sites for $174 million.

    Most all sales were to investors. Some flipped for quick profits, adding more bubbles to the froth.

    A lot that sold for $277,900 in June 2004 sold for $900,000 in June 2005.

    A lot that sold for $449,000 in June 2004 sold for $1,490,000 in June 2005.

    Maybe it was the artist renderings of the Italian motif, or the Nick Faldo golf course.

    Maybe it was the irresistible marketing pitch, like this description of Lake Apopka: "Its waters offer miles of scenic beauty and unlimited recreational opportunities. Peaceful days of fishing and quiet mornings spent gazing at light dancing on the water's surface are balanced with afternoons of water skiing and evenings of pleasure cruises."


    Gator bait

    Given the size of alligators in Lake Apopka and neighboring Lake Siena, I'd take my chances drinking the water before skiing in it. This makes one of the Web-site pictures all the more amusing: three lovely children sitting lakeside midst the bulrushes. Two words: gator bait.

    The ultimate problem with such ventures is that after the frenzy subsides, you need people who actually intend to live in the development at the going price.

    As of yet, there don't seem to be many takers. So buyers who paid a fortune for lots based on the assumption that someone would pay them an even bigger fortune are stuck. One good indicator is that the Lake County Office of the Tax Collector reports that 2007 taxes have yet to be paid on 309 of the 823 lots.

    Many investors are bailing out, some simply handing their lots over to the lenders foolish enough to loan them money. The two lots I referred to earlier in this column are both owned by the banks now. Property records show real-estate transactions this year are dominated by bank takeovers.

    How can lenders, supposedly sophisticated in the arena of real estate, loan speculators $1.5 million to buy flipped Lake Apopka lots out in the boondocks?

    Don't they have a common-sense department that reviews this stuff?

    At best, what we have here are a bunch of buyers, appraisers and lenders smoking something stronger than I ever experienced at the University of Florida.


    Built on speculation

    There are 20 to 30 mansions under construction or complete at Bella Collina. Reportedly, one or two are occupied. Most were built on speculation or were bought by investors. I've counted about 15 listed for sale for prices ranging up to $9.7 million.

    They are not selling. One is offered for rent at $18,000 a month.

    Naturally, some buyers are suing Ginn.

    Ginn says it can't be responsible for investor losses in a down market.

    It's not as if the developer has left town on a midnight train. There are guards at the shack. The new golf clubhouse looks nice, if not lonely, sitting on top of one of Montverde's many hills.

    Maybe this place just needs to wait for the next boom before booming. If true, that would make now a good buying opportunity. A real-estate agent told me he has a lot listed for $358,000 that once sold for $1.3 million.

    So far there are no takers.

    Mike Thomas can be reached at mthomas@orlandosentinel.com or 407-420-5525.

     

    Deep water challenges

    Residents from the area enjoy the Ichetucknee Springs on Saturday. Springs across Florida continue to be a popular recreational destination for those hoping to cool off during the blistering heat of summer. There currently are two bills up for a vote before the State Senate that could assess and protect the health of Florida’s springs. TROY ROBERTS/Lake City Reporter

    Historically, legislature slow to act when springs preservation discussed

    By MICHAEL MITSEFF
    mmitseff@lakecityreporter.com
    Published: Sunday, April 13, 2008 6:07 AM EDT
    Florida’s springs and rivers are in trouble.

    Invasive and non-indigenous plants are invading the state’s springs and rivers, fed by nearly 300 tons of nitrates from leaking septic systems and runoff from the excessive use of lawn fertilizers, according to experts.

    For more than a decade, concerned citizens have banded together in an attempt to get legislation passed that would help protect Florida’s springs and rivers before the life within them disappears — and along with it, much of our quality drinking water.

    Each attempt at a legislative solution has been thwarted by lobbyists for two powerful groups, developers and agricultural interests.

    In an attempt to turn the tide, Sen. Burt Saunders, R-Naples, this year introduced a bill to do just that — protect a few of Florida’s springs — and hopefully generate awareness that would lead to the protection of other endangered freshwater treasures.

    Saunders, chairman of the Senate Environmental Preservation and Conservation Committee, favors a pilot program that targets only two of Florida’s 33 first magnitude springs. First magnitude springs are springs that produce more than 64 million gallons of freshwater daily. The state is home to more than 700 total springs.

    Saunders’ bill would focus on Silver Springs near Ocala and Rainbow Springs near Dunnellon, both in Marion County. The bill creates a task force that would work to formulate a successful process for springs protection that could be replicated

    throughout the state.

    “The reason I picked Marion County is because they have made a major effort to protect the springs within their county,” Saunders said. “I was trying to find a way to assist them legislatively in their efforts.”

    Some oppose the bill because it sets a minimum nitrate level in the springs and this could cost builders money by forcing them to switch to a more expensive septic tank that reduces the amount of nitrates that seep into the ground and eventually into the aquifer.

    “The Saunders bill would turn rule-making authority over to the Florida Department of Environmental Protection and allow the agency to go to the other springs. It’s concerning to me because we need to have a balance,” said Rep. Will Kendrick, D-Carrabelle.

    “I’m not comfortable with our springs in the hands of a regulatory agency with little communication with the agriculture community.”

    However, in an attempt to get a springs protection bill through the legislature this year, Rep. Debbie Boyd, D-Newberry, has filed HB 31 that she believes would at least get the process moving in the right direction.

    Boyd’s bill also would create a nine-member task force to collect and inventory all existing data from past task forces and other groups and also to compile a list of existing best management practices to help protect the springs.

    “When addressing land-use regulations, it should be based on good science,” Boyd said.

    Many believe that good science already exists.

    “Whatever plan comes up, agriculture and developers will oppose it,” said Jim Stevenson, coordinator of the Ichetucknee Springs Basin Working Group.

    “They’ve been involved in opposing previous bills.”

    Stevenson said in 1999, a Florida springs task force was organized by the Florida Department of Environmental Protection.

    “I chaired that task force, and our task at that time was to determine the status of Florida’s springs and recommend action for the protection of those springs,” he said. “We came out with a report in 2000 that included 100 recommendations. It was a very productive task force.”

    Stevenson said that the action taken on many of those recommendations are still with us today.

    “We did a lot of educational projects, the DOT (Department of Transportation) put up Ichetucknee springs basin signs along roadways, and printed educational brochures such as ‘Let’s protect Ichetucknee Springs.’ We had a video produced called ‘Water’s Journey, Hidden Rivers’ and put up outdoor exhibits at Alligator Lake, Cannon Sink and Rose Sink,” he said.

    In addition to those projects, which represent a small example of the work that was accomplished from 1999 to today, nitrogen-reducing septic tanks are now replacing the older, nitrate leaking septic tanks within Ichetucknee Park.

    Legislative solutions have eluded voters in the past, but Boyd believes her bill has a good chance of passing this year.

    “For several years we’ve tried to help Rep. Boyd and before her, Dwight Stansel, with springs protection legislation,” Kendrick said from Tallahassee, where the legislature is currently in session.

    “I don’t see any reason why Boyd’s bill wouldn’t pass.”

    In recent years, the public’s mood has changed and support is growing for springs protection within the state as evidenced by local groups committed to keeping Florida’s drinking water clean.

    “There is a feeling that none of these bills have much teeth, and we’re not quite sure that we will have springs protection,” said Fort White’s Loye Barnard, a board member of Save Our Suwannee. “Opposition will be hard to overcome. The best management practices for agriculture are self-regulating, but a lot of farmers are realizing the importance of protecting the springs and aquifer.”

    Other groups feel let down that a springs protection bill has never become law.

    “My feeling is as far as the task force is concerned, that we’re going to study the springs to death — it’s time to take action,” said Carolyn Baker, a member of Our Santa Fe River environmental group.

    “Everybody really likes the idea of springs protection, but when you start picking on the worst polluters, that’s when the fear factor comes in, and the bill usually dies,” said Annette Long, president of Save Our Suwannee. “Every bill that I have followed has failed to make it out of committee.”

    The protection of Florida’s springs should continue to garner support from its residents as long as there are groups willing to show up at meetings and ask the tough questions.

    “Instead of studying the springs some more — we know what the problems are for at least five or six of those 33 springs from previous studies — let’s stop the bleeding and save Florida’s springs,” Long said.

    Nothing less than the future of Florida’s drinking water is at stake according to the organizations who have taken it upon themselves to be the watchdog of our environment.

    “In formulating this bill everyone had input and it was recognized that it was a humble beginning, a first step that will look at both regulatory and non-regulatory methods to help protect the springs in Florida,” Boyd said, as she explained the details.


     

    In the town of Duette, neighbors say, 'Yes in my backyard'

    Published Sunday, April 13, 2008 at 4:30 a.m.

    DUETTE — Driving his pickup truck along dusty Bill Parrish Road, Pat Carlton slows down when he spots a tractor tilling dark, loamy earth.

    "Man, that's pretty," he said. "When you get it on your hands and you can't get it off, it gives me the fever to farm."

    Five generations of Carlton's family have lived in Duette. A long dust-and-shell road that winds north through Duette is named after his family.

    So to an outsider, it may seem odd that Carlton and many others in Duette support a proposed mine expansion in the area that will destroy pristine scrubland and 400 acres of thriving wetlands.

    And yet, Duette residents in general back the plan by mining giant Mosaic to mine 2,000 more acres of land known as the Altman Tract.

    The Manatee County Commission will consider the expansion at a special meeting Monday; county staffers are recommending denial of the plan.

    Some Duette locals feel like the community, about 30 miles northeast of Bradenton, is already the dumping ground for Manatee County.

    For example, when commissioners recently dismissed a request by a developer to build a landfill near Port Manatee on the county's northwest side, several commissioners suggested they look to put the dump in Duette instead.

    Th*at, along with a long-held perception that Duette residents pay taxes that are mainly spent elsewhere, has left many feeling that Mosaic does more for them than their own county does.

    That sentiment was solidified when Mosaic, the world's largest phosphate mining company and a major local employer, offered to build Duette a new fire station and park if the mine expansion gets approved.

    Disgruntlement has led community members to put forward a candidate for the county commission to represent them.

    The residents' support for mining and the expansion plans are rooted in the community's history and its people, many of whom see the land as a tool to be used more for gain than for admiration or preservation.

    A proud community

    It was families like the Carlton's that created Duette, turning rugged land into crop fields, citrus groves and pasture for cattle.

    In the early 1970s, the community changed when mining companies began buying vast tracts of farmland laden with phosphate used in fertilizer.

    Today, farmland and mines stand side by side. The dust that blows across the community in dry weather could be from mined earth or fallow fields.

    About 800 people live in the 136 square miles covered by the Duette Fire District. The homes are so far apart, locals load up their pickups with candy and park at the Dry Prairie Baptist Church so children can go trick-or-treating on Halloween.

    The community is easily missed by truckers that hurtle through it on State Road 62. There are two small churches, two convenience stores and a pole-barn fire station staffed by volunteers. One point of pride is Duette Elementary, famed for being the last one-classroom schoolhouse in Florida.

    No road signs acknowledge the community save for a wooden hand-painted welcome sign erected by the local 4-H club.

    The community's remoteness and understated personality have bred a fierce self-reliance. Farmers lend one another equipment, labor and time. The Southern custom of bringing cooked meals to sick neighbors is still alive here.

    "I have come to love that close-knit community feeling," said Felicia Tappan, president of the Duette Civic Association who was raised in the suburbs of St. Petersburg. "How can you live next to people and not get to know them?"

    But Duette is changing.

    Its cheap land brought an influx of people who fled city life and deed restrictions or came to pursue long-held dreams.

    Larry Woodham, a 61-year-old former Winn-Dixie product manager who lived in Tampa and Bradenton, bought and cleared a 23-acre site and started a vineyard seven years ago.

    Now, he grows six varieties of muscadine grapes. His summer crop averages about 17,000 pounds of grapes. In autumn, when the vines produce again, they will probably yield another 9,000.

    During the day, people come to pick their own grapes and enjoy the scenery. At dusk, he watches deer nibble on the fruit, a sight he could never see in the urban landscape where he used to live.

    Also fed up with the bustle of Bradenton, Carroll and Kim Young moved to Duette seven years ago, buying a six-acre plot that can only be reached by a mile-long muddy road.

    A 6-foot high sign reading "Tortuga Inn" from Anna Maria Island that was going to be discarded marks the entrance, along with a neatly arranged pile of about 50 paint and varnish cans.

    The worn path that leads up to their house is lined by decorative wooden posts with thick rope strung between them that would not look out of place on the grounds of a museum.

    The Youngs keep horses, ducks and white turkeys. Their 9-year-old granddaughter, Katelyn, has the run of their land in her pink golf cart.

    Carroll Young had always promised his wife he would buy her an island if they ever won the lottery. Tired of waiting, he dug and filled a 5-foot-deep moat, creating a 60-foot island in one corner of their land.

    The island is reached by a wooden bridge. The Youngs have bonfires on the island, roasting weenies.

    "I love it out here," Kim Young said.

    Newcomers to Duette are made welcome, and allowed to re-invent themselves as they see fit. But those who complain about mining or farming are quickly rebuffed.

    The long-timers find it hard to warm to anyone who comes to such a remote, rugged area and expects to find the amenities and polish of the suburbs.

    "A lot of people come out here because they want to live in the country but they want town comforts," Carlton said. "They don't want to smell cow poop or fertilizer on the ground. They've got to understand country is different."

    Freedom at a price

    But the privacy and open-space that Duette residents value comes with a price.

    The nearest grocery store is about 20 miles away in Parrish.

    Their post office is in Bowling Green, almost 25 miles away. The Hardee County ZIP code they must use is a major source of irritation for residents, who would prefer to pick up their mail in Parrish.

    It also causes health insurance companies to assign residents to doctors 50 miles away in Sebring, when there are closer practices in Manatee.

    When refrigerators and other appliances break down, residents face a long wait for repairmen to be dispatched from Lakeland, where a Sears is located.

    "If you want it fixed right away you have to put it on the back of a truck and take it somewhere," Tappan said.

    Duette's remoteness brings a host of other problems. There is no county water, sewer or cable. Most residents get their high-speed Internet connection through satellite dishes or cell-phone lines. The service is expensive and does not work well in rain or fog.

    Parents face long trips to get children access to swimming pools and other recreational facilities. The school bus ride for students takes more than an hour.

    It is Duette's isolated location and small population that make it suitable for large mines. But the real lure, however, is what lies beneath the soil.

    Living in Bone Valley

    Duette's landscape was shaped millions of years ago when retreating seas left behind a layer of marine creatures and ocean sediments.

    The result was Bone Valley, an phosphate-rich area that includes parts of Hardee, Hillsborough, Polk and Manatee counties.

    The seam of phosphate lies about 25 feet to 40 feet below the surface. The only way to extract it is to tear up the land.

    Duette lies on the southeast corner of Mosaic's huge Four Corners mine -- named because it straddles the boundaries of Manatee, Hillsborough, Polk and Hardee counties. The 60,000-acre mine, which employs 500, produces an average of about 7 million tons of phosphate per year.

    Tall draglines with booms as long as a football field propel a bucket the size of a garage into the ground. The thud can be heard and felt by residents far from the site. Illuminated by huge lights, mining continues all night.

    "It was like Yankee Stadium," said John Korvick, who moved to Duette to start an organic fish farm. "It sounds like a car crash when the draglines hit. Everyone's dog barks; there's sand everywhere."

    But what sounds like the ultimate not-in-my-backyard horror show produces only a handful of complaints. Few in the community of farmers question the need for more fertilizer.

    "When Lakewood Ranch stops fertilizing their grass, we can stop mining," said Tappan, who is running for a seat on the Manatee County Commission.

    Mosaic works hard to keep the support it has in Duette. While the Manatee County School District has tried several times to close Duette Elementary, Mosaic regularly donates money and materials to the school. If a resident's well runs dry, the company pays for a deeper well to be dug.

    "The phosphate companies take good care of us; the county doesn't," said resident Linda O'Connor, whose husband worked 25 years with IMC Agrico, the phosphate company that merged with Cargill to form Mosaic.

    For more than seven years, Mosaic spokeswoman Diana Youmans has been the company's representative in Duette.

    She regularly attends community meetings and chats with locals like an old friend. At fund-raising events like pie auctions and fish fries, she buys a pie or fish plate.

    "I do it because these people are friends of mine," Youmans said.

    "They're committed to things that are the most important to their community. I think they are used to pulling together to address issues and things that they want to see happen to their community."

    But Mosaic is not always seen as a friendly company.

    Environmentalists oppose the damage the mine expansion and other Mosaic activities cause. And beyond that, some critics of the expansion plan say the company is trying to buy off the Duette residents with the offer of the park and fire station.

    Mosaic pays $1.72 to the state for every ton of phosphate it takes out of the ground. This is known as severance tax. The state has returned $7 million of it to Manatee County since 2000. By law, the county can only use the money for employees or programs related to mining.

    About $5 million of the fund is unspent. The money may be needed to pay for future monitoring of reclaimed land and in case of mining-related litigation, county officials said.

    But Duette residents say the money should be spent in their town, where mining occurs. One project, they say, could turn reclaimed land into a community park, similar to what Mosaic is promising if it gets a permit for the mine expansion.

    "It's taking an outsider like Mosaic to do it," Tappan said. "The county can't do it because they don't have the funds, because they're spending it in other places."

    State cuts could erode gains made in the classroom

    Published Sunday, April 13, 2008 at 4:30 a.m.

    TALLAHASSEE — Just as Florida's public school system — long ranked among the worst in the nation — has begun to show marked improvement, a series of state budget cuts threaten to derail that progress, particularly for students and schools already struggling to keep pace.

    For the first time in more than 30 years, the amount Florida pays to educate each student is expected to drop.

    Also looming ominously for schools is a question likely to be placed on the November ballot that would eliminate the main funding source for education -- property taxes -- leaving the state's education system with no guaranteed replacement.

    Many school districts, including those in Manatee, Sarasota and Charlotte counties, plan reductions in programs that have been linked to improvement.

    For example, the Department of Education last year cited Florida among the top five states for learning gains among Latino and black students. Now, districts are cutting reading tutors, guidance counselors and other staff that educators say are vital to helping students at risk.

    "My fear is that we were on our way to doing some great things, and now, it could be that we're facing our first real downturn in public education," said Andy Ford, president of the state's main teachers union.

    Legislators disagree. They ignored a plan by Gov. Charlie Crist to use state reserve funds to make up for the cuts and actually increase school funding next year.

    House and Senate education leaders stood side by side with a tax watch group in the capitol to talk about how schools could make the cuts without affecting classroom learning -- something educators say is impossible.

    "The funding increases made it easier to invoke change," said House education leader Joe Pickens, R-Palatka, racing back to the capitol after delivering a grim budget update to visiting school board members.

    "It created an atmosphere where change was more doable. But, look, the budget isn't getting wiped out. It's not even a 2 percent cut."

    Progress slow to come

    Like other agriculture-based states in the South, Florida was slower than the Northern states to make education a priority.

    As the public school system grew, it became clear funding would be an issue. Florida teachers held the nation's first statewide strike, demanding higher salaries and more money for education, in 1968.

    The lack of a state income tax meant less money for schools. And the large retired population seemed uncommitted to funding education.

    When students began pouring into the state in the 1980s, the government scrambled to keep up.

    "The reason we weren't keeping up with other states is because we were getting 50,000 or 60,000 new students a year, and all the money was going just to pay for the growth," said Wayne Blanton, who has been lobbying for Florida schools more than 30 years.

    The federal No Child Left Behind Act and the election of Gov. Jeb Bush in the 1990s marked a major upswing for the state's schools.

    Improvement plans were drafted for failing schools, a statewide reading program was created, and measures of accountability that were controversial began to show some effect.

    In January, a report by Education Week ranked Florida 14th in the nation in overall achievement, a jump from the bottom half in a single year.

    Marcus Winters, who studies Florida for the Manhattan Institute think tank, summarized like this: "Basically, they were very, very bad, and recently they've been getting a little better, but they still have a ways to go."

    A recent report from the Census Bureau found that relative to its wealth, Florida is next to last in the nation in per-student funding, only beating the District of Columbia. The national funding average is $43.34 per year for each $1,000 of residents' wealth. Florida spends $33.51.

    Whereas Florida spends about $7,700 per student, New York spends nearly twice as much.

    Florida's teacher salaries remain among the lowest in the nation. And the graduation gap between white and minority students remains wide.

    Last month, in the first lawsuit of its kind, the American Civil Liberties Union sued Palm Beach County schools, where the graduation rate for black students is 30 percent less than it is for whites. The graduation rate for Latinos is 20 percent less than it is for whites.

    Chipping away at quality

    Florida's economy began sinking when the real estate market turned in 2006. Student enrollment declined after decades of growth, pinching school budgets that had planned for more students.

    State revenues dropped unexpectedly, too. Lawmakers promised schools a 6 percent funding increase for the 2006-07 school year, and then, as the revenue estimates came in, began pulling back. School districts dipped into their savings this spring to avoid midyear layoffs.

    As the Senate and House begin negotiating their respective budgets this week, education leaders say the money is vital to continuing progress, and to improving the areas where Florida still lags.

    For example, lawmakers want to cut a program that partially reimburses teachers for the cost of training to receive National Board certification, and gives a bonus to certified teachers who mentor their peers.

    Certified teachers have been linked to higher student achievement. So many teachers in Florida took the incentive that last year Florida ranked first nationally in the number of newly certified teachers.

    Proposed cuts target reading programs that helped lift fourth-grade reading scores from the bottom 20 percent in the nation to the top half, from 1998 to 2007, and money for Advanced Placement programs that resulted in more Florida high school graduates earning college credit than all but three other states in 2007.

    Budget proposals from lawmakers include up to $15 million in cuts to after-school programs offering mentoring and tutoring for poor students.

    There are also cuts to training for teachers in low-performing schools.

    "They call those programs 'icing on the cake' but they help children who need support to do well in school," said Sen. Frederica Wilson, a Democrat and former teacher and principal in Miami.

    Patricia Levesque, who worked under Bush on education reforms, said some of the proposed cuts would chip away at quality within a year.

    "If they don't have reading coaches, you'll see it in the next year's reading scores," Levesque said.

    During the state school boards' Legislative breakfast last week, members peppered lawmakers with questions about the cuts.

    Many wanted to know about the future. One asked lawmakers not to "spin" the cuts as "not so bad."

    There were few answers.

    "They really need to look at this long term," said Shirley Brown, a Sarasota County School Board member and former lawmaker. "We started to make gains. Now we're turning back the clocks on that, and it's hard to take." 

     

    Volunteers Revitalizing Keep Pasco Beautiful

    Published: April 13, 2008

    Updated:

    Seven months ago, the civic group Keep Pasco Beautiful had all but fallen off the radar.

    Membership had dwindled. State and county money dried up. And the group's efforts to promote recycling and trash cleanups were struggling.

    "In August 2007, we almost went under," said Jennifer Seney, a local activist and the group's newly minted vice president. "We had no leadership, and we were down to six people."

    That's changing, thanks in part to the trend of going green. An expanded board of directors, now numbering 10, is capitalizing on the popularity of environmental consciousness and promoting the idea that Pasco County could be a more beautiful place to live.

    The Keep Pasco Beautiful board, a local affiliate of Keep America Beautiful, plans a second "coming out" of sorts Saturday with a local version of the Great American Cleanup. From 9 a.m. to noon, volunteers will be dispatched to some of the county's "trashiest" places, stretching from east Pasco's Lacoochee to the Sea Pines neighborhood on the Gulf Coast.

    The event, which last year attracted 600 volunteers and netted 7.5 tons of trash, will target areas that seem to be magnets for litter, including Kent Grove Road, Gunn Highway and Old Pasco Road in central Pasco; Moon Lake Park, Old Dixie Highway, Eagle Point Park and Werner-Boyce Salt Springs Park in west Pasco and parts of Lacoochee in east Pasco.

    "We have a lot of rural places in Pasco that while scenic drives also are tempting places to dump stuff," Seney said. "We are going to take care of this stuff that was so rudely dumped along our roads."

    About 25 groups, including three led by county commissioners and one involving public schools, have volunteered to participate in the cleanup, Seney said.

    Commissioner Jack Mariano, who represents northwest Pasco, is recruiting volunteers for efforts along U.S. 19 and at the Werner-Boyce park. He also plans to ask boaters to pick up trash along the Hudson Beach canal. The cleanup, he said, is a good way to get people involved in making the county a better place to live.

    "It's healthy for the community to clean up after itself," he said.

    Rebirth Of The Group

    Seney is largely responsible for the group's resurgence, said County Commissioner Ann Hildebrand, who was the first chairwoman of Keep Pasco Beautiful 16 years ago. Seney recently asked Hildebrand to return as the group's president. She also recruited Joanne Hurley, spokeswoman for Florida's Turnpike Enterprise and the county's first recycling coordinator.

    "We're getting recycled," Hildebrand said. "We started in 1992, and then we started limping along. My friend Jennifer called me recently and said, 'Let's revitalize it.' We've got a great little board now. We're rejuvenating it, getting grants and donations and doing this cleanup."

    When Keep Pasco Beautiful started, the Florida Department of Environmental Regulation mandated recycling education and gave counties money to do it, Seney said. Pasco received about $30,000 from the state for about three years then told counties they had to pick up the tab themselves. The county also allocated $10,000 per year to the organization until 2007.

    "We used to have money to spend on public relations," Hildebrand said. "As the first president, I went to different schools ... If you don't start young, it's hard to get that message across."

    The group receives no county or state money now, Seney said. She plans to apply for a federal reimbursement grant, but the terms require the county to spend money to get it back and come up with matching funds. Seney also plans to ask everyone she knows for donations, whether they be monetary or in-kind gifts, such as the use of garbage bins for the cleanup.

    The same trend that has cast plastic water bottles and grocery bags out of favor is helping to rebuild Keep Pasco Beautiful, Hildebrand said.

    "There's no doubt there's a momentum for being green," she said. "There is definitely a public awareness for preserving and protecting our environment that was not there a few years ago. One reason it has become more en vogue is because of the cost of living."

    Educating The Public

    As recycling coordinator from 1990 to 1994, Hurley took a leadership role in implementing Pasco's curbside recycling program. She said public education is the key to maintaining interest and participation.

    "Education programs work, but they have to be consistent," she said. "You can't introduce a concept once and hope it will take hold. You have to introduce it and reinforce it ... I'm happy the organization is going to try to regroup, because I think we need litter prevention and litter cleanup more than we did before."

    Pasco has the added incentive of having too much trash, Seney noted. The county's waste-to-energy plant is over capacity by about 60,000 tons of solid waste per year, and Pasco leaders are paying Osceola County to accept the excess trash. Officials plan to expand recycling, but that will not be enough to fix the problem, they say. Plans are in the works to add to the incinerator as well.

    "We have a real issue here in Pasco. We have too much trash, so recycling pops to the surface," Seney said. "I believe attention will come back to groups like Keep Pasco Beautiful and efforts for recycling because of the very local issues we are facing."

    Seney's long-term plan is to build the Keep Pasco Beautiful board with a chain of succession, so volunteers don't burn out and quit. That was one of the problems with the previous board.

    "It wasn't neglect as much as evolution" that led to the group's struggle, Seney said. "People had gotten to the point where they had done it for a few years and were tired. I think getting volunteers will always be difficult. You have to attract them, and they have to own it. You always have less people than you need, and you never know how many people will show up."

    KEEP PASCO BEAUTIFUL

    TO VOLUNTEER, DONATE OR FOR INFORMATION: Call (727) 379-9200 or 1-888-654-8837; or e-mail kpbeautiful@hotmail.com.

    WEB SITE:www.keeppascobeautiful.org.

    ADDRESS: Keep Pasco Beautiful Inc., P.O. Box 11335, Spring Hill, FL 34610

    STATEWIDE LITTER HOTLINE: 1-800-226-5488

    UPCOMING EVENTS: April 19, Great American Cleanup; April 26, Earth Day at Crews Lake; Sept. 20, Coastal Cleanup

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

    RV-Camping Resort Proposed For Beach

    Published: April 12, 2008

    BROOKSVILLE - BROOKSVILLE - A camping resort suitable for 100 recreational vehicles is being proposed for Hernando Beach.

    Located on the northwest corner of Osowaw and Shoal Line boulevards, the resort would include laundry and restroom facilities for the RVers, recreational areas, a clubhouse, swimming pool, children's playground, nature trail and gazebos.

    A neighborhood market, containing a 26,000-square-foot commercial plaza, would also be part of the mix. The market includes plans for retail and office space, a restaurant and fuel services.

    Planning and zoning commissioners will hear more specifics of the zoning request when they meet at 9 a.m. Monday at the Hernando County Government Center, 20 North Main St. in downtown Brooksville.

    The planning staffers have recommended approval of the project.

    Planning and zoning commissioners make recommendations on rezoning cases. County commissioners, the final authority on such matters, typically discuss those recommendations at their land use hearing one month later.

    Also at Monday's meeting:

    - Planning board members will consider a conditional plat for Highland Oaks, a 28-home development proposed for the northeast corner of County Line Road and Sparks Road.

    One of the stipulations planners are recommending is that the developer pay his proportionate share of costs to improve County Line Road at the site.

    - A local woman will ask the P&Z for a special exception use permit to sell plants, fruits and vegetables from a piece of property she owns along Manecke Road near Ponce de Leon Boulevard and Mondon Hill Road.

    Margarita Konofaos, in her request to planning staff, said there are eight parking spaces on-site. Hours of operations would vary depending on planting season.

    - The board will consider a request to rezone a 1.5-acre parcel at County Line Road and Broad Street for an office complex and physicians' practice.

    Reporter Michael D. Bates can be reached at 352-544-5290 or mbates@hernandotoday.com.

    Greenway damage rings warning bells

     

    By TIMOTHY J. GIBBONS,
    The Times-Union

    FERNANDINA BEACH - Twisting down the middle of Amelia Island, the Egans Creek Greenway offers a quiet sanctuary, both for the animals that call it home and the people who frequent it.

    The 316-acre preserve - one of the best bird-watching spots in the area - contains two ecologies, with saltwater and freshwater habitats existing side by side for decades.

    For the past five years, though, the waters that feed the greenway have changed, with saltwater seeping into the fresh, wreaking havoc as it spreads. On a quiet, foggy morning, the site still exudes peacefulness - but dealing with the mistakes that led to dead trees, displaced animals and ecological changes resulted in a years-long struggle that is anything but peaceful, pulling in politicians and bureaucrats from a dizzying array of agencies.

    The problems of Egans Creek, for all the consternation caused, are contained ones, affecting a niche ecology that is several steps removed from the broader water issues the First Coast - and, indeed, the entire state - is dealing with. But the issues of the creek might serve as a cautionary tale, showing how even well-meaning, highly educated people can see a project come to ruin when dealing with a highly complex water system.

    Taking the lessons of the creek to heart, some residents note, wouldn't be amiss as officials ponder whether to dredge or drink or do anything else to the St. Johns River.

    "Any time you try to manage nature," said John Carr, a forester who's thrown himself into the fight to rescue the greenway, "there are often unintended consequences."

    Small change; big effect

    It doesn't take much of a rise in salinity to change the nature of a body of water.

    All water, even that considered fresh, contains some solids - salinity, in ecological terms, includes salts besides sodium chloride (table salt) - but the volume of those substances radically changes what types of animals and vegetation can survive there.

    When the St. Johns Water Management District evaluates changes to water systems, salinity impacts are one of the major areas they investigate, spokeswoman Teresa Monson said, including looking at how salt levels will rise if the water moves less or if less freshwater is introduced into the system.

    The district says it is in the early stages of evaluating what would happen to the salinity of the St. Johns as utilities remove fresh water for drinking.

    Planners around the country have wrestled with rising salinity levels. An increase in salt has led to problems in the Rio Grande, the Colorado River and many estuaries, places where salt and fresh water mingle.

    The latest change

    The most recent chapter in the story of Egans Creek began about five years ago, when the state Department of Transportation began transforming the section of the greenway between Atlantic Avenue and Jasmine Street into a saltwater marsh.

    The change was the latest in a string of modifications made over decades, as various portions of the creek were given over to saltwater or fresh. By the 1950s, the local mosquito control authority settled the dividing line at Atlantic Avenue: Different habitats flourished on either side of the line, with a freshwater swamp to the south and a salt marsh to the north.

    The barrier remained at Atlantic until a few years ago, when the Department of Transportation went looking for land to mitigate for wetlands it had destroyed for two road projects in Jacksonville. Its solution: Move the saltwater barriers to Jasmine Street, allowing about 100 acres between Jasmine and Atlantic to return to salt - a somewhat controversial project, but one that residents appeared to make their peace with.

    Mistakes in the engineering work, however, allowed saltwater to begin to creep across the barrier and contaminate the freshwater portion of the system, killing trees and animals, changing the ecosystem and creating ponds that are saltier than sea water.

    "The original project concept did not adequately prepare for the lay of the land," DOT engineer Joe Knight said.

    A brackish mess

    That mistake led to the freshwater part of the system becoming a brackish mess, said Pat Foster-Turley, an Amelia Island resident with a doctorate in zoology. She has been following the change in the creek and its effect on the island's animals since it began.

    While the salt that spilled over into the freshwater side of the creek has been enough to kill vegetation that can't stand salinity, it hasn't been enough to turn the southern portion into a saltwater habitat. "The whole thing has been a botched mess anyway you look at it," she said.

    What was supposed to be the freshwater side of the greenway began losing vegetation and animal life, changing the entire complexion of the area, said Bob Wells, an island resident who began walking the greenway after surgery and ended up founding a group championing the site.

    The effects on the area's flora and fauna have been widespread. Most visibly, the saltwater killed a 50-acre grove of red maple trees, and pushed a freshwater frog species southward, into areas of still-fresh water. The animals that prey on the frogs followed.

    Alligators, otters, deer and other mammals headed to different parts of the island, looking for fresh water to drink or vegetation that hadn't died.

    "Everything was affected on the freshwater side," Foster-Turley said. "The animal life - the deer, the pigs - everything that lived in the run of the creek: They moved either up the slope or toward the freshwater sources."

    Such sources are not the easiest thing to find on the island. Many of the man-made retention ponds that capture rainwater, for example, are fenced off, making them unusable by animals traveling across Amelia Island.

    "I know the otters are not as prevalent," Foster-Turley said. "They've had to modify their lifestyle to handle it."

    A constant worry

    But not all creatures can modify their lifestyles as easily when salinity levels change. That's why salinity is a constant worry when waterways, whether tiny ones like Egans Creek or mammoth ones like the St. Johns River, are altered.

    In the St. Johns, the situation is complicated by the fact that though it's a freshwater river, it contains a lot of brackish water, with levels sometimes spiking for reasons no one is exactly sure of. The water near Picolata Point, about 57 miles up the river, saw its salinity level increase eightfold for about two months last year, said environmental scientist Dean Dobberfuhl with the Water Management District.

    And those rising levels reveal themselves through changes in the animal life in the river, say those who spend a lot of time on the water.

    Ben Williams, 51, for example, has fished the river since he was a child. The owner of the Fisherman's Dock fish market said it's only been recently that he has seen saltwater barnacles far down the St. Johns. Some of the creatures sit, still alive, on bridges south of Palatka, 80 miles from the mouth of the river.

    "It's pretty obvious looking at them that they've been here a while," he said. "They keep on getting bigger. Over the year, everything creeps south."

    While both dredging and drawdowns of the water level in the St. Johns are expected to lead to some sort of change, no one can be sure exactly how much saltier the water could get, although the Water Management District has started studies to get an answer.

    For Egans Creek, meanwhile, a solution appears to be at hand. Earlier this week, the Water Management District approved an expedited permit that will allow the DOT to build a dam at Jasmine Street that should stop the saltwater seeping through. The Department of Transportation is expected to bid out the project this month, with construction starting around the end of the summer.

    Those who have fought for the change are ecstatic. But in the midst of their excitement, they're mindful that, once again, humans will be dealing with a complex system not under their control.

    "My guess is we're talking a decade" before the freshwater side returns to vibrancy, Carr said. "We're messing with Mother Nature. Mother Nature does her things her way. All you can do is try to facilitate the way you think she wants to go."

    timothy.gibbons@jacksonville.com,

    (904) 359-4103

    Proposed water bottling plant near High Springs on hold

    By Rachael Anne Ryals
    Herald Staff Writer

    The decision on whether to allow a proposed water bottling plant near High Springs on the Santa Fe River is on hold indefinitely.

    Due to an illness of a commissioner on the Gilchrist County Commission, the decision is now on hold until a 5-member Commission can be present.

    Commissioner D. Ray Harrison Jr. is in the hospital and has been ill for several months, Gilchrist Planning Director Taylor Brown said.

    On Monday, April 7, an attorney representing the owners of the Blue Springs Properties asked the County Commission to delay making a decision until a full Commission is available.

    A full Commission is required as part of the conditions of a legal mediation between the Suwannee River Water Management District and the owners of Blue Springs Properties.

    The water district had been in the process of revoking the water use permit that states how much water can be withdrawn from the site each day. That permit, which allows a maximum daily rate of 660,000 gallons a day, was being revoked due to two years of inactivity.

    But mediation between the water district and the owners of Blue Springs Properties was held as the special use permit was sought.

    The water bottling plant proposal was heard by the Gilchrist County Planning and Zoning Commission just last month.

    That Commission recommended that the County Commission deny the plant, citing safety and incompatibility as reasons for why the special exception needed by the plant should not be awarded.

    A hearing was to be held by the Gilchrist County Commission this month to decide if a special exception permit should be granted, allowing the water bottling plant to be built.

    The County Commission is the entity that will make the final decision to allow the water bottling plant.

     

    Hatchet Creek proposal to be reviewed again

    By NATHAN CRABBE
    Sun staff writer

    In October, the Gainesville City Commission put restrictions on the proposed Hatchet Creek development around Ironwood Golf Course that would have prevented construction in wetlands and places where passing aircraft are noisiest.

    Six months later, developer Rob Simensky is hoping commissioners have second thoughts.

    In a special commission meeting Wednesday, Simensky will ask for the restrictions to be rewritten to clear the way for up to 1,500 residences, a 400-bed assisted-living home and 2,000 square feet of retail and office space. He said he wants the changes completed before May, when two commissioners who support the project leave office.

    But he'll face challenges such as the Gainesville Regional Airport's call to delay a decision until maps showing aircraft noise are finished in June. Environmental advocates have raised questions about the project's environmental impact on wetlands and a creek that drains to polluted Newnan's Lake.

    Debate over the proposal has had its share of hyperbole. Supporters have called it the most important development ever in east Gainesville, while opponents have suggested it could spell the end of the airport.

    Simensky said he's offering new assurances the project would avoid environmental impacts and noise-related conflicts. He said he's asking for changes because the airport's objections led to restrictions that essentially stopped the development.

    "The combination of all these conditions made it physically impossible to move forward with the project," he said.

    The commission will consider land-use changes that need to be sent to the Florida Department of Community Affairs for approval. The city will send its next batches of changes to the department in May, so a delay could mean the project would wait until the next scheduled submittal in the fall.

    The development would be an "active adult community" that would require at least one resident at least 55 years old in most homes. The 500-acre property snakes around Ironwood, the city-owned golf course, and sits in the path that planes take to the airport's main runway.

    Airport officials have said the development could lead to noise-related lawsuits that make it difficult to operate. After the October decision, the airport embarked on a study to show where aircraft noise is loudest and where the Federal Aviation Administration can restrict funds if development is allowed.

    Airport CEO Allan Penksa questioned the rush to approve the project before the study's initial noise maps come back in June. "Nothing has really changed since the commission's last meeting," he said.

    Simensky said he'll present new promises on noise issues. He said he'll agree not to develop in an area where current aircraft noise is shown to be an average of 65 decibels in the upcoming noise study.

    He said homes on the rest of the site would be built with noise-dampening materials. He said he'd also agree to an avigation easement on the site, which would commit property owners to allowing noise without legal action, and give notice to home buyers of the agreement.

    There are also wetlands issues on the site. Gainesville environmental coordinator Mark Garland said the site has about 90 acres of wetlands but is criss-crossed by drainage ditches. He said many of the wetlands are severely degraded.

    Garland said his first preference would be having the wetlands enhanced and restored, but doing so could lead to flooding of the golf course. Creating new wetlands could pose similar problems, he said, as well as have an uncertain effect on Newnan's Lake. "We have to figure out how to protect the area as much as possible without flooding people," he said.

    Simensky said he's proposing to leave untouched a large wetland on the northwest corner of the site that he said makes up more than half the total wetland acreage. He said he'd agree to create wetlands on-site equivalent to the remaining wetlands that would be filled. Those wetlands are actually many small wetlands less than an acre in size, he said, and the work he proposes could improve water quality flowing to the lake.

    "From an environmental perspective, we're leaving the site in better shape that where we started - by a lot," he said.

    Local Sierra Club chairman Rob Brinkman said he's concerned about the replacement of natural wetlands with engineered wetlands. He said the commission, in projects such as the Auto Town Center, has circumvented regulations that require wetland impacts to be avoided as a first option. "You could eliminate all the wetlands in the city of Gainesville," he said.

    The St. Johns River Water Management District must approve the filling of wetlands. Just last Thursday, the district's staff recommended that its governing board deny Simensky's permit.

    Simensky said the long process of approving the project has led to delays in getting needed materials to the district. He said he'll ask for the application to be pulled and resubmitted once he completes the process with the commission.

    He said he'll present new information at Wednesday's meeting on the project's economic benefits. A study he funded shows the project could create 824 on-site jobs and another 756 off-site, as well as $10 million in property tax revenues and another $3 million in fees to the city.

    Simensky hails from Katonah, N.Y., a wealthy bedroom community of New York City that homemaking entrepreneur Martha Stewart calls home. He said his company has developed projects such as an assisted-living facility and single-family homes in New York and an apartment building in Pennsylvania.

    He said he first came to Gainesville to visit an uncle who has since died and sought a development opportunity in the area. He's since worked with east Gainesville community leaders and said he's donated money to the renovation of Gainesville's Cotton Club, a historic venue for black performers during years of segregation.

    Former state representative Ed Jennings Jr., who owns land near the Hatchet Creek property, and Alachua County Commissioner Rodney Long, who has called himself the project's "non-paid consultant," are among east Gainesville leaders hailing the project.

    Jennings, an ownership partner in the nearby Eden Park and Lewis Place housing developments, said Hatchet Creek would be "a mini-Haile Plantation" that transformed the Eastside by boosting property values and attracting other businesses.

    "It would be the most significant residential development in a generation and maybe the most significant development ever," Jennings said.

    Long has supported extending the Eastside's Community Redevelopment Area to the project site. That would allow any tax increases that correspond with jumps in property value to be funneled back to other projects in the area.

    Long said he has offered advice to the developer but is not paid, although he said as a real estate broker that he doesn't preclude working with Simensky in the future.

    He too called the project "the most significant in east Gainesville" and contrasted it with an airport that has seen a downturn in large passenger jet traffic. "If the airport was growing, I could really understand the argument," he said.

    One change since the October meeting is that Simensky has discussed the idea of redesigning the golf course from a north-south to an east-west orientation, taking some homes out of the area closest to the airport. He's paid for a study on creating a special district to tax people who buy homes on the site to pay for the redesign.

    Airport authority chairman Peter Johnson said he talked with Simensky in an effort to reach a compromise, but after those meetings was surprised to see the map of the redesigned course. The map shows six holes of the course would be in the airport hazard zone across from its runways.

    The airport board has opposed any development being approved before the noise study is finished, much less development in the hazard zone. Johnson told the authority he made a mistake in directly dealing with Simensky.

    "I was very naive," Johnson said.

    City Manager Russ Blackburn described a separate misunderstanding after talking with Simensky. On March 9, Simensky sent an e-mail to Blackburn saying he appreciated a commitment "made on several occasions, that Staff will either support or have no recommendations regarding each specific modification to conditions that have been put forward in accordance with the process you suggested."

    On March 14, Blackburn wrote that he wanted "to be clear that staff will review and provide recommendations to the City Commission on the proposed condition modifications." Blackburn couldn't be reached for additional comment.

    Simensky has expressed an interest in getting the project approved before two new commissioners take office in May. Of the three commissioners who voted against restrictions on the property, two - Ed Braddy and Rick Bryant - are leaving the commission and will be replaced by commissioners who made environmental protection a part of their campaigns.

    Commissioner Jack Donovan, who voted in favor of the restrictions, said he wants to wait until the noise study is completed before considering changes. He questioned the project's benefit to lower-income residents of the eastside.

    "This thing is close to being a gated community," he said.

    Nathan Crabbe can be reached at 352-338-3176 or crabben@gvillesun.com.

    Proposed, controversial 'fly-in' community to have 'Family Fun Day' to educate public about project

    By Jessica Metzger
    For The Herald

    NEWBERRY -- Oak Tree Landing, possible future home to a proposed fly-in and golf community, is holding a Family Fun Day and BBQ on Saturday, April 12 from 11 a.m. to 3 p.m. at 7308 N.W. 294th Terrace (County Road 232), east of SE 80th.

    The event is free and open to the community, so that residents can meet the developers, enjoy barbecue, watch live entertainment and participate in activities.

    There will be an inflatable bounce house, live bands playing a mix of rock, country and bluegrass, longest drive competition and possibly face painting, said Julie Cole, property manager and land consultant, as well as one of the event organizers.

    “We understand the need to really engage the neighbors and community,” she said. “They can take a look at what’s there and give their two cents.”

    The proposed development is a controversial one, with residents saying that it would be out of character for the area and create urban sprawl.

    Cole said everyone would be invited to tour the property, examine display boards showing plans and talk to all the various “players” involved in creating the fly-in community. The golf course designer, civil engineers, principle owners and architect will all be available to talk with residents.

    “Proposals like the golf course are a departure from what the community is used to,” Cole said. “We want them to get a feel for what we have proposed.”

    Oak Tree Landing will be a “big mixed community,” Cole said.

    The plan is to build homes around an airstrip where people can taxi their planes out of their garage and onto the runway.

    Cole said the community is marketed toward people who want second homes, who are “empty-nesters” and who will be part-time residents. She said the airstrip will not be used in any commercial capacity.

    It is estimated the community will bring in $10 million in property taxes, Cole said, and $50 million for construction in the economic phase. Also, the proposed golf course will add a small job base.

    Cole said she hopes the community comes out to the event.

    “People are curious,” she said. “And it’s a gorgeous piece of land.”

    For more information, Julie Cole can be reached at 352-871-5354.

    Land near Turkey Creek gets new designation

     

    ALACHUA -- A 9.15-acre piece of property on U.S. 441 just south of County Road 25A will now be allowed to have commercial businesses located on the previously rural land.

    The Alachua City Commission voted 5-0 to change the future land use map -- a map showing what type of growth can occur and where -- on the property.

    The land use designation was changed from Alachua County Rural to Alachua Commercial.

    The commercial designation allows such potential entities as retail stores, restaurants, hotels and offices, according to the city’s land use codes.

     

    Climate change affects us here, now

    By Ann-Gayl Ellis, guest columnist

    Published Thursday, April 10, 2008 5:00 PM


    Quick: What comes to mind when you think about climate change? If your thoughts turn to polar bears and melting ice caps, you're not alone. Americans are concerned about climate change. We know it is real, and we think it is scary, but we tend to think about it in terms that are far removed from our everyday lives.

    In fact, climate change has a direct connection to all of us, in the most personal way. It has and will have real consequences for the health of our communities, our families and our children.

    The problem with focusing on climate change in terms of a doomsday scenario is that it can paralyze us and cause inaction. According to a recent Center for Excellence in Climate Change Communication Research poll, less than half of Americans believe they are personally at risk from global warming, but significantly more believe it is a threat to future generations (60 percent) or to all life (57 percent).

    Even those who think of climate change on a here-and-now basis may not know just how serious the danger really is. The World Health Organization reports that human-induced changes in Earth's climate now lead to at least 5-million cases of illness and more than 150,000 deaths each year.

    In recent years, the scientific community has started to understand more about the negative impacts that climate change has on our health and on an already strained public health system. The laundry list of health issues that are growing more problematic as a result of increased climate variability is long: heat stroke and hypothermia, asthma, cardiovascular and pulmonary illness, gastrointestinal illnesses associated with water contamination, and the list goes on. Furthermore, the most vulnerable members of our population — those who depend on the public health system for their care, including the poor, the chronically ill, the elderly, the disabled and the uninsured — are most affected by the health impacts of climate change, giving this struggle moral dimensions as well.

    The following are five important ways that residents can take action in their lives today:

    • Be prepared. Inform yourself about the health impacts of climate change and regional climate change issues facing your community and take actions to prepare for possible disasters.

    • Travel differently. Leave the car at home one day, and take public transportation instead. Walk or bike. If you need to drive, carpool. If you can, telecommute.

    • Eat differently. Buy food from a community farmers market and food that doesn't travel across the country to get to your supermarket shelves. Eat more vegetables and less meat.

    • Green your work. Use recycled paper if you don't already, and even if you do, print less often and on both sides of the paper. Set your computer to energy-saver mode and buy eco-friendly office furniture.

    • Green your home. Insulate your home so that energy isn't literally going out the window. Reduce your use of wasteful products, reuse or recycle the products you do use, and conserve water.

    Taken together, these five changes can chart a path toward a healthier personal lifestyle, community and climate.

    Ann-Gayl Ellis is the health education program manager at the Hernando County Health Department. Guest columnists write their own views on subjects they choose and do not necessarily reflect the opinions of this newspaper.

    City of Sarasota is heading for layoffs

    Published Sunday, April 13, 2008 at 4:30 a.m.

    SARASOTA — The rumors started to fly last week when a city staffer was away from City Hall at a meeting all morning.

    Some co-workers whispered that she had been fired. Others said she had quit.

    Neither was true, but the rumors illustrate how edgy the city's 766 workers are as they anxiously wait for an announcement on expected staffing reductions, including layoffs.

    That announcement could come from City Manager Robert Bartolotta as early as this week.

    Things got so bad that the city created a newsletter in an effort to quell the rumors. The first edition of "The Buzz" hit City Hall on March 20.

    "The whole purpose for The Buzz is to help employees get through this difficult time," said Jan Thornburg, the city's public information officer. "To answer their questions, rather than let the watercooler chatter get out of control."

    The city has to trim $3.4 million this year and an estimated $6 million to $7 million next year from the budget, due to a decrease in revenue spurred by state-mandated tax reforms.

    Job cuts across the state reflect a new age of tightened city budgets after tax changes approved by the Legislature.

    Last summer, the City Commission took its first stab at reducing expenses by eliminating 35 positions. And that is likely to be only the start.

    "Everyone is worried," said Bartolotta, who promises to notify those employees who will be let go before anyone else finds out.

    He is promising staffers that anyone who is let go will have either 30 days' notice or one month's pay.

    Bartolotta said he expects positions to be eliminated, with the eliminations including some layoffs.

    Thornburg has been trying to allay worker anxiety, but that has been a tough task as employees await Bartolotta's announcement.

    "We're trying to do everything we can to let them know what our financial state is and how it will impact them," Thornburg said. "A lot of people have been really nervous, thinking they will come in tomorrow and be laid off and receive nothing."

    The administrator said he has not finalized a plan and does not know exact numbers yet. But he acknowledged that at least one of the city's 13 departments would be eliminated and merged with other city departments.

    Another possibility is merging some services with Sarasota County.

    "I can tell you services would not be impacted, but that would be a lie," Bartolotta said. "If there are not as many people, you just can't have the same level of service."

    In July, the City Commission will face tough decisions when it holds the first of several budget workshops.

    "It is possible residents will see some of their favorite city services on the chopping block," Mayor Lou Ann Palmer said.

    Commissioners have been meeting with Bartolotta one on one. But he has not given them exact numbers.

    Commissioner Kelly Kirschner said the passage of the Amendment 1 property tax reform measure sent a clear message to local governments.

    "The taxpayers have spoken," Kirschner said "They want and expect to pay less in taxes. It is up to us to do that."

    The challenge will be to reduce expenses while retaining core services, such as garbage pickup, Kirschner said.

    Charlotte ducks issue by firing Loucks

    Published Friday, April 11, 2008 at 4:30 a.m.

    As the Babcock Ranch development surfaced a few years ago, Charlotte County staff faced enormous pressure from some commissioners and business activists to quickly and favorably review the plans.

    Commissioner Adam Cummings, who opposed the project and anticipated a whitewash, confronted County Administrator Bruce Loucks. As the commissioner recalls, Loucks could barely contain his anger at Cummings' implication. Even so, he instructed his staff in writing to ignore outside influences and to scrutinize the ranch proposal as they would any other.

    The result was an honest critique -- and good government -- whether the commissioners and their friends were happy or not.

    This story came to mind on Tuesday morning, when the commissioners forced Loucks to resign in a 4-1 vote, Cummings dissenting. Loucks knew it was coming. He had his resignation letter ready. And, within seven minutes, he was gone.

    No one gave a specific reason. They didn't have to. Commissioner Tom Moore later called it death by a thousand cuts.

    No doubt, the commissioners themselves are under pressure. A general anxiety has settled over the whole country, including Charlotte County, whose economy relies so heavily on construction and real estate.

    And, just as its citizenry cried for it to do something, local government's spending power was decimated by tax cuts and a reeling economy.

    So, the commissioners fire their administrator.

    OK, now what?

    Interim administrator Roger Baltz told the commissioners he was ready at any time to discuss their ideas for the county's direction.

    He did not have any immediate takers.

    The commissioners did, however, have an extended conversation on how to televise their budget meetings, which room the next day's meeting was scheduled for, and how to let the public know if they switched rooms. Cummings finally suggested they put a sign on the door.

    Yes, that was one crisis averted, but it hardly signaled a new day, despite Loucks' departure.

    In the public's mind, the handling of the county administrator's resignation is just another example of the commissioners' reluctance to accept responsibility for mistakes and their seeming inability to enunciate clear courses of action on much of anything lately.

    Loucks did a decent job. He'll get a decent job elsewhere. If he failed at anything, it was making the commissioners look good. Maybe Baltz can do better. He'll earn his pay trying.

    Eric Ernst may be contacted at eric.ernst@heraldtribune.com or (941) 486-3073

    Will the Rockland Palace reopen?

    By Vanessa Fultz, Democrat Reporter

    vanessa.fultz@gaflnews.com

    A zoning change which would allow the Rockland Palace on Railroad Avenue to reopen may be vetoed by Mayor Sonny Nobles, Nobles said Wednesday. The bar was closed by the city in January due to numerous code violations. However, because the site is not zoned commercial, a zoning change is necessary for the city to issue a permit to bring the building up to code. The site is now zoned residential but the Palace was “grandfathered in” to the area decades earlier, when the zoning map was created.

    The city council voted 3-2 Tuesday to grant the zoning change from residential to commercial. However, the ordinance must be signed by Nobles to take effect and Nobles said Wednesday he is considering vetoing the move. A veto can be overridden only by a 4-1 vote of the council.

    “I feel strongly about the deterioration of the neighborhood,” Nobles said.

    The area where the bar is located is now listed as residential and to change the property to commercial would be considered spot zoning. Nobles said that would allow surrounding residential properties to be rezoned to commercial and open the area to an even greater number of commercial enterprises.

    Nobles said rezoning would decrease surrounding property values and adversely affect the neighborhood, creating noise, excessive lighting at night and additional traffic.

    Nobles and Councilman Mark Stewart said their goal wasn’t to close the bar. They just didn’t want to see the zoning changed.

    “I’m not trying to put anybody out of business. I just don’t like the zoning change,” Stewart said Thursday.

    City Building Official Roy Rogers said Wednesday the only way the bar could continue in operation without a zoning change would be for the city to change its land use regulations. He said that wasn’t likely to happen.

    Nobles said he would oppose the zoning change whether the business was a bar or a Bible bookstore.

    Councilman Don Boyette said he didn’t want to see the bar closed because it has been in existence so long. The Palace has been in business for more than 40 years, by most accounts.

    Rockland Palace owner Calamity White told the council she is taking the necessary steps to remedy the situation.

    “We are trying to do the right thing,” White said.

    Rogers said the Rockland Palace was cited for having an unsafe structure, a leaking roof and unsafe wires, some of which hung down low enough to come in contact with customers, posing a risk of electrocution. Other violations were noted as well.

    Rogers said White has hired an engineer who is drafting plans to remodel the building.

     

    Realtors, Builders Want Targeted Ad Campaign

    WHO WOULD PAY FOR IT?

    Published: April 11, 2008

    SEBRING — A dozen Highlands County government and business leaders met Thursday to consider an advertising campaign to entice homeowners in upscale coastal Florida communities to sell and move here.

    The idea was raised by county Administrator Carl Cool. About a month ago, he took it to the county commissioners. They praised the idea but said county funds, which are in short-supply, won't pay for the ads.

    On Thursday, Cool met with representatives of the real estate and building industries, plus county development and financial officials, to throw that idea out again.

    The idea was praised as a potentially great strategy that could spur home sales and possibly home building, too. Nobody at the meeting, though, was ready to commit funds to pay for the ads.
    Another meeting will be held next week to further explore both the proposed coastal advertising campaign and potential sources of revenue to fund it.

    From discussions about the "target market" the advertisements would be aimed at, the ads would convey the following message:

    Dear resident of Coastal Florida,
    If you are the type of person we're looking for, we've got a sweet deal for you here in Highlands County. In fact, we can offer you the deal of your lifetime, if you meet our requirements.
    You would be the ideal candidate for our offer if you are:
    • Retired with a secure pension or 401K, lots of equity in your home, plus a boat load of disposable income to spend in our stores and restaurants;
    • You bought beautiful waterfront property, maybe along the Inter-Coastal Waterway, and built a home for $200,000 about 15 years ago;
    • Your $200,000 home is now worth $1.2 million, according to your county's appraiser;
    • But, what was coastal paradise when you built there has turned into a nightmare. Now, you're afraid of crime, worried about the obscene coastal cost-of-living , and going crazy from the nightmarish traffic.
    If that sounds like you, we've got your ticket out of that mess and into paradise – at a bargain you won't want to pass up.

    All you have to do is sell your coastal home, cash in your equity in it, take your moveable Save Our Homes property tax break, and buy – or build – a home in Highlands County. Over here, you can spend $250,000 and get a luxurious home that would cost you $500,000 on the coast.

    But, you say, with the horrible home-sale market nationwide, you can't sell your home?

    No problem. Sure, it won't sell at the $1.2 million that your county says it's worth. But you can dump it at the fire-sale price of, oh, say $800,000. Sure, that's $400,000 below what it's valued at, but it's still four times what you paid for it.

    Just do the math. Sell your house at $800,000, and you've made a $600,000 profit off the $200,000 you spent to build it. Come to beautiful Highlands County, buy or build a $300,000 house, and you've got a luxurious home that would cost $600,000 on the coast.

    Now, since you're leaving the coast with $800,000, and you're only spending $300,000 for your new home here, you've got $500,000 to throw in the bank. And that'll buy you all the rounds of golf you'll ever play.

    And, maybe best of all, when you bring your huge Save Our Homes property tax exemption from the high-cost Florida coast to low-cost central Florida, you'll pay almost no property taxes here.
    We think that's a deal you can't beat with a stick.

    Love,
    Highlands County.

    P.S. Just give us a call and we'll show you around. You're gonna love what you see here.

    While the proposed coastal ad campaign is only in the preliminary planning stage, three things are certain already.

    First, the campaign would have to be sold locally as a drive to boost the entire Highlands County economy and not just the real estate market, according to county Commissioner Guy Maxcy.

    Second, Louise England, executive director of the Highlands County Economic Development Commission, doesn't want to use any of her agency's advertising budget on this ad campaign.

    England said the EDC's entire advertising budget for this fiscal year is already committed. And, she said, EDC's sole mission is to attract businesses that provide good-paying, full-time jobs to this county.

    Cool wondered out loud if the EDC could "re-focus" its mission and help fund the coastal ad campaign because each high-income retiree who moves here would boost the Highlands County economy by shopping, dining and playing here.

    England said every time a home is bought in this county, it helps the economy. But, she said, when retired seniors move here, "no matter what their disposable income is," they mainly fuel the retail, restaurant and recreation industries, all of which generally offer part-time, no-benefits, low-wage employment.

    Those types of jobs do not "create new wealth" in the county and don't give people the income they need to become home buyers, she said.

    EDC, England said, has one focus: Trying to bring in good-paying, full-time jobs that do "create wealth" and allow county residents to become county homeowners.

    Maxcy praised Cool's idea to advertise on the coasts for well-off, retired homeowners who could find a great bargain and better quality-of-life in Highlands County.

    To generate widespread support for the plan, Maxcy said, leaders will have to show how it can benefit the entire county economy, and not just one segment.

    The third point agreed on Thursday was that any coastal advertising must have a sharply focused "target market." Any dollars spent should not be wasted on a "shotgun" ad campaign," said county Development Department Director Jim Polatty.

    Mike Secor, president of the Highlands County Builders Association, said the economy would rebound much quicker if the news media didn't focus mainly on "doom-and-gloom" stories about the economy.
    England told two reporters at the meeting that newspapers should do more "good news" economic stories.

    Maxcy didn't dispute their comments.

    But, Maxcy said, "If the economy of Highlands County wasn't in a crisis, we wouldn't be here talking to each other."

     

     

    Zetrouer Farm recognized as Century Pioneer Farm


    Star-Banner
    Published: Friday, April 11, 2008 at 12:53 p.m.
    Last Modified: Friday, April 11, 2008 at 12:53 p.m.

    SHILOH - The Zetrouer Farm in the northwest Marion County community of Shiloh, in the county's farm preservation area, has received the state's Century Pioneer Farm designation.

    It is one of five Florida farms receiving the designation recently.

    Renee Andrews, whose great grandfather Daniel Zetrouer was given the land in 1897, operates a black Angus farm on the remaining 46 acres today. She said the farm started out on 160 acres.

    "I think it's important to be recognized for operating the farm for more than 100 years. Florida started out as an agriculture state, and it's still very much a part of the state," Andrews said.

    The designation from the Florida Department of Agriculture and Consumer Services recognizes families who have maintained continuous ownership of a farm for 100 years or more. The state began recognizing the pioneer farm families 25 years ago, with 144 having earned the designation.

    In a press release Florida Agriculture Commissioner Charles Bronson said, "these families have been able to retain ownership of their land through the Great Depression, diseases, droughts, freezes and the urbanization of Florida. That is the great tribute to the many generations of these families."

    - Harriet Daniels

    Rural America Hit Hard By Housing Crisis

    Published: April 12, 2008

    MERCED, Calif. - The end came in a blink outside the Merced County Courthouse.

    Only six people showed up for the foreclosure auction, Janice Pimentel and her son Nick included. By chance, the Pimentels' dairy farm was the first property offered.

    The auctioneer, a young man in aviator sunglasses and bluejeans, read their address and paused for bids. When none came, the Joe T. and Janice R. Pimentel Dairy Farm, 21 years in the life of the family, officially became the property of its main creditor, a local lender.

    "Well," Janice Pimentel said, "that's that."

    The Pimentels' farm was once a fixture in California's Central Valley, which is best known as the world's fruit basket and, these days, may have the highest concentration of foreclosures in the country. Many of the properties lost to foreclosure around here are in rural towns that are changing, perhaps forever, because of the housing meltdown.

    Although news about the mortgage crisis often focuses on cities and booming suburbs, rural America also has been hit hard. Research by the Housing Assistance Council, a Washington-based nonprofit organization that helps build housing in rural pockets of the country, has found that foreclosures are at least as prevalent in small towns as in cities.

    "It's happening all over," said Moises Loza, HAC executive director.

    Rural Situation May Be Worse

    The foreclosure problems in small-town America may be even more widespread than in cities. Mobile and prefab homes make up at least 15 percent of the nation's rural housing, and three-quarters of them were financed with installment or personal property loans rather than mortgage loans, according to the HAC. When the owners default, it leads to repossession rather than foreclosure, and these defaults are not included in the foreclosure data, Loza said.

    Rural residents often have fewer banking institutions to choose from than city dwellers and can fall victim to high interest rates and predatory lending practices. But precise mortgage statistics for rural areas are hard to come by, because while large banks in metropolitan areas are required under federal law to report lending activity, many small, rural financial institutions are not.

    Merced is one of three adjoining counties near the top of the latest national foreclosure rankings issued by RealtyTrac, a real estate data firm. Merced County was No. 4. San Joaquin County, which includes the town of Stockton, was No. 2, and Stanislaus County, which includes Modesto, was No. 3. (No. 1 was Fort Myers and Cape Coral.)

    In these three California counties in February, foreclosure proceedings were started on more than 3,100 properties and nearly 1,300 houses were repossessed, according to RealtyTrac. Foreclosure filings were made against about one in every 100 properties in the three counties, compared with one in 557 properties nationwide.

    Merced County, population 246,000, underwent a housing boom in the past few years that saw developments spring up on what used to be farmland, said U.S. Rep. Dennis Cardoza, a Democrat from Merced. Now, in towns like Atwater, housing values have dropped as much as 50 percent, the congressman said.

    "The impact on these small towns and cities is huge," Cardoza said. "In my district, I believe we are already in a recession."

    In Merced County towns like Planada, no one needs statistics to tell them that the foreclosure crisis has hit hard.

    The landscape is filled with for-sale and foreclosure signs, vacant houses with weedy front lawns, and graffiti on boarded-up windows. The skeletons of houses where construction stopped when the market went bust stand across a development where houses that sold for $400,000 just three years ago are now going begging at half the price.

    Driving around depressed developments ringed by almond orchards, John Pedrozo, a Merced County supervisor who represents Planada, could not contain his distress.

    "I've lived here 50 years, and I've never seen anything like it," said Pedrozo, who grew up on a dairy farm. "Businesses are closing, people going bankrupt. And the empty houses are vandalized." A common problem, he said, is that on weekends, vacant, foreclosed houses are crashed for wild parties and trashed.

    Losing A Community

    In small towns, even one or two foreclosed properties can have a big effect on the community, Pedrozo said. "It's not just that property values go down," he said, "but also that people lose their neighbors and their community."

    Janice and Joe Pimentel, who are 52 and 58, respectively, decided to follow their families' dairy farm tradition when they bought their 25-acre property in Atwater two decades ago. Their sons, now 21 and 30, decided not to go into the business, and the Pimentels thought they would retire one day and convert the farm into an almond orchard.

    How they lost their farm, once a thriving business with some 200 cows, is not a simple subprime mortgage story. It has to do with a drop in the price of milk, a spike in the cost of feed, some bad luck and, yes, a five-year refinance loan with an interest rate of 12 percent.

    On top of their financial problems, in 2007, Joe's father developed cancer. With such a heavy personal and financial burden, the Pimentels could not give the farm the attention it required.

    "At 58, I'm starting over," said Joe, who has started working for the county's agriculture department setting pest traps.

    The farm is a ghostly sight, with its empty stalls, the flapping roof on the main barn, and weeds where flowers used to grow. Soon the Pimentels will take their pets - two horses and three dogs - to the modest house Joe's father left them about a mile away.

    The Pimentels doubt their property will ever be a family dairy farm again. Maybe a developer will grab it, Janice said, "for when housing grows again in Merced, someday."

    Silt In Wetland Now A Concern At Mall Site

    Published: April 12, 2008

    WESLEY CHAPEL - State regulators said Friday that they found no evidence Cypress Creek Town Center polluted the nearby creek with muddy runoff this week - but they stopped short of letting the developer off the hook.

    Inspectors from the Southwest Florida Water Management District visited the 510-acre site straddling State Road 56 this week in the wake of Sunday's heavy rains.

    Investigators found silt-laden water running through a box culvert into a wetland at the southeast corner of the site under development by mall builder Richard E. Jacobs Group. The problem area was near where Cypress Creek passes under Interstate 75.

    While the polluted runoff didn't reach the creek, Jacobs still may be liable for polluting the wetland, said Robyn Felix, spokeswoman for Swiftmud, as the water management district is known. The matter has been sent to Swiftmud's attorneys to decide, she said.

    If the lawyers determine Jacobs' site was the source of the dirty water reaching the wetland, Swiftmud will add that location to the list of repairs it has ordered Jacobs to make on its site, Felix said.

    Jacobs this week urged federal regulators to lift their ban, imposed in February, on construction on 54 acres of filled wetlands. The ban blocks Jacobs from installing underground drainage lines that would help solve many of the problems, said spokeswoman Deanne Roberts.

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

    Acquiring Aquifer Data

    Published: April 11, 2008

    BROOKSVILLE - BROOKSVILLE - Larry Rivenbark drops the tape measure down into the black depths of the narrow pipe.

    The tape, weighted by a cylindrical moisture sensor that looks a lot like a garden hose nozzle, falls 10 feet, then 15 and then beyond 20. At nearly 24.5 feet, the sensor sounds a steady beep.

    Rivenbark, a field technician for the Southwest Florida Water Management District, has hit water.

    He makes a note on his pad, does a quick calculation and then enters the figure into a laptop computer that looks sturdy enough for a war zone.

    It turns out the water level in this monitor well along U.S. 41 just south of County Line Road is at about 44 feet above sea level — down a little bit from the last check and only a few feet above the lowest point ever recorded there.

    But the well, known as Masaryktown Deep, is just one of some 160 wells in the district's northern region, which runs from Hernando County to portions of Levy and Marion counties.

    As Rivenbark put it: "You can't judge everything by just one hole in the ground."

    The water management district, commonly known as Swiftmud, does weekly checks of the wells and compiles the data to come up with an average groundwater level for Floridan aquifer that flows beneath our feet.

    Overall, district officials say, the news is encouraging: The aquifer is already rebounding from months of below-average rainfall — and doing so quicker than expected.

    "It's incredible what's happened, and it's happened in a short period of time," said Granville Kinsman, manager of the Swiftmud's Hydrologic Data Section. "The surprising thing is through this period we expect water levels to fall. We've actually seen levels stabilize or even rise."

    Above-average rainfall in the last three months has helped. That was unexpected, Kinsman said, as forecasters had called for a drier than average spring season.

    The district's 16 counties have seen 11 inches of rain between January and March. That's more than an inch above the historic average.

    By April each year, toward the end of the dry season, officials expect groundwater levels to be low. That has been exacerbated, however, by drier than normal summers the past two years.

    In 2006 and 2007, the northern region received 23 inches less than the historic annual average.

    The district gauges groundwater levels using a normal range between zero and 4 feet.

    By April of 2007, the aquifer had dropped to more than a foot below the normal range.

    On Friday, the level was .68 feet.

    It's a good place to start as the rainy season approaches, Kinsman said.

    "It bodes well if we go into our normal summer pattern on time, so by the first couple of weeks of June, we can expect this trend to continue and build on what we've already gotten," Kinsman said.

    However, he added: "What I've learned in 20 years is anything can happen."

    The pattern of dry and wet weather extends beyond the four seasons in a given year. A graph that plots aquifer levels over the last 12 years is a rollercoaster ride of peaks and valleys.

    The highest point came in early 1998, as the state came off an El Nino year characterized by record winter rainfall.

    Things changed quickly, though, and the lowest point in the 12-year period came just a couple years later, at the end of 2000, as the region dealt with the worst drought in decades.

    Near the end of 2003, levels almost climbed to those in 1998. And by the end of 2007, the groundwater level nearly dropped to levels seen in 2000.

    Such patterns, like the wet and dry seasons seen each year, are "just the nature of the state," Kinsman said.

    However, the district's data will only become more important as officials wrestle with development requests and try to decide how much pumping the aquifer can handle, said Steve DeSmith, a Swiftmud geologist.

    "The more information we can build now, as population and development increases, the better we'll be able to determine if that growth is causing impacts," DeSmith said.

    Reporter Tony Marrero can be reached at 352-544-5286 or lmarrero@hernandotoday.com.

    Overlooked oversight
    State agency ensures development project receives proper scrutiny

    Gottfried Creek runs through open country on a former cattle ranch between Englewood and North Port in southern Sarasota County.

    Developer Stan Thomas proposes 5,700 homes on some 2,850 acres in the creek's watershed, on a tract named Gottfried Stewardship Village.

    What happens there will affect people in Sarasota County and northern Charlotte County. They should be grateful the state Department of Community Affairs is providing cautious and necessary oversight.

    Those residents should expect similar oversight from the Sarasota County government. But, judging from the DCA's complaints, it's not clear they've been getting it.

    DCA concerns

    In a recent report to the County Commission, the DCA cited several concerns with the project. Among them:

    The Gottfried development, part of the expansive Thomas Ranch property, could cause storm water to flow off developed land and into the creek, which is already prone to flooding. That runoff could also harm the Myakka River, of which Gottfried Creek is a tributary.

    The thousands of homes proposed would increase the demand for the region's drinking water and require sewage treatment. The report says the county has neither ensured the development would be "compatible with existing local and regional water supplies, promote water conservation, \[or\] protect wetlands and surface and groundwater quality," nor ensured proper handling of waste water and storm water.

    Traffic would increase on River Road, U.S. 41 and State Road 776, but the county has not adequately addressed the necessary road improvements, the report said.

    Comprehensive plan change

    The DCA reviewed the development proposal because the commission last year gave preliminary approval to a change in the county's comprehensive plan that would allow the project to have more than 1,100 additional homes than are allowed under the current land-use provisions.

    Commissioners who backed the change say existing zoning allows scattered development and the use of septic tanks.

    The DCA, which can approve or reject the change, said it needs more data and analysis before it can make an informed decision. Good for the DCA.

    Jeff Boone, a lawyer for the developer, contends that the DCA's concerns are standard for a project requiring a change in a comprehensive plan. He says the developer can provide much of the data and analysis that the agency seeks.

    Thanks to the DCA, however, the responsibility for demanding that data, and for providing additional information, is where it belongs -- on the shoulders of the Sarasota County government

     

    Resident: Canal 'Was Never Here'

    Published: April 12, 2008

    Updated: 12:23 am

    TOWN 'N COUNTRY - As Frank DeAngelis steers his 17-foot skiff through the muddy waters of Rocky Creek, a dense green wall of mangroves suddenly opens onto a canal.

    DeAngelis angles his boat up the waterway, which stretches more than 1,000 feet to a newly constructed boat dock and three-story mansion.

    "For 35 years we've been coming out here with kids and grandkids and this was never here," DeAngelis said, gesturing at the arrow-straight canal.

    DeAngelis alerted Hillsborough County environmental authorities about the canal in August. He says a homeowner without waterfront access altered what had been an old mosquito control drainage ditch to connect his property to the creek, which eventually leads to Old Tampa Bay.

    Last week, the county assessed $14,548 in fines against the owner of the home, Pedro Olivera, for work he had done along his property.

    A pending consent order says Olivera destroyed mangroves, a protected species, dumped fill dirt in wetlands, and built a dock and sea wall in wetlands without permits. All are violations of state law and county regulations.

    In addition to the fines, Hillsborough environmental authorities say they had Olivera replant 400 mangroves and fill in a turning basin he had dredged on his property along the canal.

    Construction on the home appears nearly complete, though it was unclear whether anyone was living in it. A reporter left a business card with a crew working on the dock earlier this week and asked them to have Olivera call. Several attempts to reach him on a cell phone were unsuccessful.

    The penalties and corrective actions don't go far enough for longtime Rocky Creek residents like DeAngelis. If Olivera signs the consent order, the county would lose the ability to take him to court for civil or criminal charges.

    And though several agencies are investigating, no one has ruled Olivera will have to fill in the canal or that he is prohibited from using it to get to the nearby creek. Also, if he now has water access to the creek and Bay, the increase in his property value could far exceed the amount of fines.

    Mangroves Appear To Have Been Trimmed

    DeAngelis told environmental authorities that Olivera not only altered the ditch on his property, as county officials maintain, but also altered the waterway through property he did not own, namely the county's Rocky Creek Coastal Preserve.

    To prove his point, DeAngelis steered his boat into the canal, where mangroves seem to have been trimmed in a straight line leading to the bare land where county inspectors say Olivera dumped fill dirt.

    "It's 4 or 5 feet deep at high tide now; in the old days it was 10 inches," said DeAngelis, who has lived on Rocky Creek for 35 years with his wife, Loretta.

    Mangroves are a vital part of estuary and coastal ecosystems, protecting shoreline, providing habitat for fish and other marine life, and adding nutrients to the water. The trees are protected, with only light trimming allowed in special circumstances. Violators can be fined or prosecuted; in severe cases, they can be forced to fill in dredging that has damaged or destroyed mangroves.

    Scientists with the county's Environmental Protection Commission say the section of the canal from Olivera's back property line to the creek was a pre-existing ditch dug in the 1960s as a mosquito control measure. The EPC has assessed no penalties for any work on the ditch that occurred on the county preserve.

    "We're saying the violation appeared substantially, if not all, on his property," said Bill Inch, an environmental scientist for the county. "If that turns out not to be true, we will certainly look at it, but I don't know how we could miss that."

    That opinion doesn't jibe, however, with observations by longtime creek fishermen Toby Stroll and Don Edmonson. The two men, who work at an auto air-conditioning shop on West Hillsborough Avenue, say the canal was just a small ditch overgrown with mangroves, barely visible from the creek.

    "I lived in this county all my life," Stroll said. "That was always just one of those mosquito creeks they dug way back. Now it's a canal."

    "It was very small," Edmonson said. "It wasn't even as big as a drainage ditch."

    No Private Access To Preserve Allowed

    An official with the county Parks, Recreation and Conservation Department said he would investigate when asked about residents' belief that the ditch had been altered.

    "I definitely have to get that cleared up," said Forest Turbiville, who manages county preservation land for the parks department. "That would certainly be a major issue from our end. We don't allow private access into a preserve."

    Neither the Florida Department of Environmental Protection, which enforces wetlands violations and some dock permits, nor the U.S. Army Corps of Engineers, which issues permits for all dredge and fill activities, was aware of the work on Olivera's property. Both agencies said they would investigate.

    Environmental Protection Commission officials said they have no plans to make Olivera fill in the portion of the canal on his property. That could change, however, once Olivera submits drawings of the dock and sea wall he built without permits, said Deborah Sinko, general manager of the EPC Wetlands Division.

    Sinko said she was concerned about reports that workers were installing pilings Wednesday for a boatlift on Olivera's dock.

    Sinko said Friday that she would send inspectors to the site to check out the report.

    "I am concerned about this work continuing while he's under enforcement action," Sinko said. "That's problematic."

    Turbiville said he was surprised the EPC was not making Olivera fill in the canal.

    "It's not like the house had access to the Bay; he created that access to the Bay," Turbiville said. "As a regulatory issue, I would think we would want to make him fill up the ditch."

    If the county allows the canal to stay and Olivera to use it, DeAngelis said, landowners who built in the wetlands around the creek might create their own canals through the refuge so they can access Old Tampa Bay.

    "That preserve isn't their property," DeAngelis said. "That's your property and it's my property."

    Reporter Mike Salinero can be reached

    at msalinero@tampatrib.com or (813) 259-8303.

    An Era Ends: Zephyr Has Lost Its Hill's

    Published: April 10, 2008

    Jane Lamley took a last walk Wednesday through Hill's Grocery & Coffee Shop's kitchen and dining room, as auctioneers sold off the last of the longtime establishment's fixtures.

    After spending 10 years waitressing, cooking and washing dishes at Hill's, Lamley said what she would miss the most would be the people she has met over the years.

    Hill's, which has been at State Road 54 and Morris Bridge Road in Zephyrhills for more than 50 years, soon will be torn down to make way for a CVS pharmacy. Kruth "Kurt" Sombutmai, who bought the business in 1990, said he plans to open a bigger restaurant somewhere else.

    As Wednesday's auction was winding down, only a lone bar stool and single picture of John Wayne remained in the barren dining room. Most everything else - dining room tables and chairs, food and shelving, kitchen utensils, plates and whatever was left from the grocery store - was sold.

    Hill's became an institution here, both under Sombutmai - a former Buddhist monk who became Zephyrhills' best-known John Wayne fan - and the Hill family that opened the business. Legions of winter residents flocked here every season for the cheap, hearty fare and its signature "Kurtski" burger.

    In the coming months, a 13,000-square-foot drugstore will rise in place of Hill's, the latest chain to set up shop at the increasingly busy western edge of town.

    Fred Bellet

     

     

    'King Corn' is a sobering look at what we eat

    By Laura Reiley, Times Food Critic
    Published Monday, April 7, 2008 3:54 PM

    an Cheney and Curt Ellis graduated from college at the turn of the millennium. Their post-collegiate goals didn't seem too fleshed out. In summary: "We want to live as long as our parents."

    For most American generations, this isn't wildly ambitious. But in this era of rampant obesity and record numbers of diabetics, their prospects aren't sunny. Both of hearty Iowa farm stock, the two men decided to get in touch with their roots, returning to Greene, Iowa, where their great-grandparents had worked the soil three generations ago.

    The two Yalies sent a letter to one very skeptical farmer, Chuck Phytt: "We're writing with a strange proposal. We want to move to a single acre of your land to grow corn." The results are chronicled in the documentary King Corn, airing Tuesday on WEDU-Ch. 3.

    Part Michael Moore polemic, part Morgan Spurlock (Super Size Me) gonzo journalism, King Corn takes a hard look at major agribusiness, the farm bill and all the factors that have dramatically changed the way we eat in recent decades. There are consequences to $1 hamburgers washed down with cheap 72-ounce sodas, both made with corn. Sure, they're filling and inexpensive (we spend a smaller percentage of our income on food than any other developed nation), but in a sense, the adage is true: We are what we eat.

    At the start of the film, scientist Steve Macko performs a hair analysis on Cheney and Ellis — both are big fast food eaters — declaring that much of the carbon in their bodies comes from corn. Despite its growing use as a fuel source (ethanol), America's most subsidized and productive grain finds its way into nearly everything we eat. High-fructose corn syrup, corn-fed meats and corn-heavy processed foods make up much of the American diet.

    The crop that was once a native grass of many varieties has been narrowed to essentially one genetically modified breed, a monocrop that is not nearly as nutrient-dense as its predecessors. Thus, the sodas, animal feed and processed foods that are made from it are nutritionally skimpy and "energy-dense" (that means highly caloric).

    "What we didn't know was that we were growing an acre of sugar," lament Cheney and Ellis near the film's end, their corn looking abundant behind them. "We thought we were growing an actual crop destined to be eaten by actual people. Instead, we were growing fast food."

    Despite its gloomy outlook on America's No. 1 crop, King Corn is a breezy, entertaining buddy flick — two city boys fumbling their way through tasks farmers have mastered for generations in America's farm belt, its underlying message laid out simply and persuasively.

    Growing concern

    The beginning of the experiment — the actual planting of the crop — is underwhelming. Because of advancements in farming technology, it takes 18 minutes to plant 31,000 kernels of genetically modified corn on their tidy acre. And using ammonia fertilizer and powerful herbicides means they can grow four times as much corn as their grandparents (its disturbingly robust progress is tracked with stop-action photography).

    While they wait for their bumper crop to mature, Cheney, Ellis and the film's director, Aaron Woolf, have a lot of time on their hands. Naturally, their thoughts turn to where and how their kernels will enter the food system. This is where King Corn becomes a monster movie every bit as sinister as King Kong.

    Today, the Corn Belt produces nearly 11-billion bushels (that number was 7.1-billion in 1987, but experts expect a downturn in acreage planted in 2008). Cheney and Ellis wonder, is all this corn a good thing? To find out, they turn to corn's arch nemesis, author Michael Pollan (The Omnivore's Dilemma). A vocal opponent of all the sneaky corn in our diet, Pollan explains that because acreage and productivity skyrocketed over the past three decades, we had to figure out what to do with all that corn. Thus, the corn sweetener industry was born.

    And though some studies indicate that a sweetener is a sweetener, meaning calories from table sugar are the same as calories from high-fructose corn syrup, others disagree. A recent study at Rutgers University tested soft drinks and found that those sweetened with high-fructose corn syrup contained compounds called reactive carbonyls, compounds linked to diabetic complications.

    Fruits of their labor

    In Park Slope, Brooklyn, the filmmakers chat with a cabbie. The camera pans down a convenience store aisle of colorful sodas and juices as the cabbie says, "Just by stopping drinking soda, I lost about a third of what I weighed. I was at high risk of Type 2 diabetes." A New York doctor then says that one in eight New Yorkers has diabetes.

    Cheney and Ellis have another seemingly chance encounter in a McDonald's with a man who talks about confinement feedlots, a description that leads them to visit Bledsoe Cattle Co. in eastern Colorado, where 14,000 to 16,000 cattle are "finished" each year.

    We learn that grass-fed cows take several years to reach market weight. Though corn-fed cows are fattened more quickly, cattle weren't meant to be on a corn diet, so they often succumb to acidosis (symptoms are varied, from immune problems to liver abscesses). To combat potential illnesses, livestock consume 70 percent of the antibiotics in this country. And then we consume the livestock.

    After the first crop's harvest (government subsidy: $28), the documentarians decide to call it quits. They buy the acre of land and let it go fallow. Amidst acre after acre of bobbing ears of corn is a shaggy, weedy square in which they play Wiffle ball.

    Laura Reiley can be reached at lreiley@sptimes.com or (727) 892-2293. Her blog, The Mouth of Tampa Bay, can be found at blogs.tampabay.com/dining.

    Seawall waivers granted to 5 beach homeowners

     

    By CHRISTINA ABEL,
    The Times-Union

    VILANO BEACH - U.S. Rep. John Mica, R-Fla., and St. Johns County officials announced Friday afternoon that five Vilano Beach homeowners can install permanent seawalls to stop their homes from toppling into the ocean.

    To Martha Thomas, who owns one of the oceanfront homes, the news was a blessing.

    "I'm relieved. They've saved my home," she said, hugging Mica and St. Johns County Engineer Press Tompkins.

    Earlier in the day, Thomas and the other homeowners had been caught in a state regulatory bind. They had been told that they could not build permanent seawalls, but were limited to using sand or sandbags.

    Tompkins said that state regulators agreed to allow the homeowners to apply for variances from the regulation. He called that "very rare."

    Early Friday, Florida Department of Environmental officials said that because the homes were built after 1985, they are considered "conforming" structures that can withstand severe storms. That meant no seawalls of vinyl, concrete or other materials, like those that were installed at older homes in South Ponte Vedra Beach last year.

    "These homes are not eligible for seawalls because they are built to much higher standards to withstand stronger storms and winds," Sarah Williams, a DEP spokeswoman, had explained.

    Thomas said she has no sand left between the her home's foundation and the dune and she didn't think the home would stand if the beach further erodes. She said her neighbor, Gerry Stokes, spent about $47,000 this year on sand to stop the erosion and that it all washed away within two weeks.

    This week's emergency was caused by heavy weekend storms that increased the area's beach erosion.

    Atlantic Ocean currents generally head southward along the coast, pushing sand with them. If too many seawalls are installed, the natural exchange of sand between the ocean and the beach is interrupted, Williams said. So instead of moving to the south and constantly replenishing beaches there, the sand gets trapped on shore.

    Seawalls on the beach also change the natural habitats for sea turtles and other species and alter the shoreline's natural slope, DEP officials said.

    Mica said he's trying to look at the larger picture. He said he's secured funds to have the Army Corps of Engineers study why the beach is eroding and what the long-term solutions are. He said that, in the past, they have lost portions of Florida A1A in southern St. Johns County and northern Flagler County because of flooding.

    "We're just starting the [hurricane] season. ... I think eventually we're going to lose parts of A1A in St. Johns County," Mica said.

    christina.abel@jacksonville.com, (904) 249-4947, ext. 6319

    CSX Plan Whistles By Panel

    Brushing aside objections from Lakeland delegation, committee strongly OKs plan to expand service.

    TALLAHASSEE | The push to bring commuter rail to Orlando, and increase freight train traffic through north and central Florida, picked up momentum Friday as a House committee overwhelmingly approved the plan.

    But the passion surrounding one of the Legislature's most emotional debates this year was clear as lobbyists and lawyers were turned away from a standing-room-only meeting Friday morning.

    Opponents of the plan, led by Lakeland-area businesses and residents upset about increased freight traffic in their city, argued that they had no say in the project.

    But supporters, primarily from Orange County, said the $641 million cost is a good investment to prevent more expensive widening of I-4 to handle traffic and to reduce pollution with more efficient mass transit.

    "We just cannot afford to not complete this project," said Rich Crotty, Orange County mayor. The rail service is planned to begin in 2010.

    The bill approved by the House Economic Expansion and Infrastructure Council by a 13-1 vote Friday is 130 pages and contains a mish-mash of transportation-related changes to laws ranging from drunken driving penalties to the size of farm vehicles allowed to drive on roads.

    LIABILITY DEBATED

    But a tiny provision that would exempt CSX Transportation from accidents involving passenger rail service on the proposed 61.5-mile commuter line between DeLand and Poinciana caused more than two hours of debate Friday morning.

    In 2007, the Florida Department of Transportation signed a deal purchasing the rail line from CSX at a below-market rate. But to make up the difference, the state agreed to pay for improvements to CSX freight lines running from Jacksonville through Gainesville, Ocala and Lakeland to accommodate traffic displaced from the state-run commuter line. The state also is paying for a new CSX hub in Winter Haven.

    The price tag has grown to $641 million because of increased costs of land and construction. The Florida Senate last week narrowly defeated a push to take some of the money away from the CSX project amid angst over plummeting state revenues.

    CSX will pay the state to continue using the commuter rail line for up to 12 hours a day. The Jacksonville-based company has insisted on a change in law that will remove any liability for accidents involving passenger trains even if CSX is at fault. Accidents involving CSX-run freight traffic would still be the company's responsibility.

    The debate over who is legally responsible for accidents has become a proxy battle for the entire project.

    TRIAL LAWYERS HAVING THEIR SAY, TOO

    The fight has brought the powerful Florida Justice Association, the lobbying arm of trial lawyers in the state, into the fray. While they did not mention the limits on legal settlements that could arise from the deal, they did say that making the state liable for CSX-caused accidents removes any incentive for the company to be safe.

    "Safety only and always follows accountability," said Jamie Holland, a lawyer specializing in rail law. "This is a no-accountability proposal. The citizens would pay and they should not."

    But CSX, the state transportation agency and supporters say the company should not be held responsible for commuters and passenger trains that would operate on the line only because of the agreement.

    The legal debate was overwhelmed by concerns about increased freight traffic in Lakeland. The plan, depending on who is making the claim, would bring at least four additional trains through the city's downtown daily or as many as dozens more.

    Julie Townsend is the executive director of Downtown Lakeland Partnership representing local businesses. She told the committee that Polk County is "treated as an afterthought and a place to dump things."

    "We are begging you that the state of Florida not succumb to the pressures of the rhetoric of the rich and powerful voices you hear every day telling you that this is our only chance for commuter rail," she said.

    Rep. Seth McKeel, R-Lakeland, successfully changed the bill to force DOT to draw up a plan for commuter rail in the entire state. The change also would require the agency to study alternative routes for freight trains around Lakeland.

    "I think we've done a good job communicating Lakeland's concerns," McKeel said.

    Rep. Rich Glorioso, R-Plant City, agreed that Lakeland officials were not consulted early enough and promised to keep working to alleviate the problem.

    "You were just ignored," he said. "There are some alternative routes we are looking at. It's not forgotten."

    But Townsend said that was "a hush-up tactic to keep us quiet so we'll go along to get along."

    "Do you really think that the citizens of Florida are going to say, 'We want to spend another $300 million to re-route the trains out of Lakeland?'" she asked.

    At least one lawmaker said he appreciated being stopped by freight trains in his hometown.

    "When I stop and sit there and watch the freight trains go by, I see money moving," said Rep. Pat Patterson, R-DeLand. "I see people that are at work. I see things that are happening."

    And a representative from the Florida Council of the Blind told lawmakers the train would make it easier for the blind to shop and work.

    The massive transportation bill is, ironically, called a "train" in Tallahassee parlance because of all of the unrelated provisions it picks up along the legislative trail each year. House Bill 1399 faces one more House council vote before the full House considers the bill. The Senate, where hostility to the CSX plan is more pronounced, also will have to approve the bill.

    Traditionally, the "train" is one of the last bills considered in a legislative session. This year's session is scheduled to end May 2.


     

     

    Franklin County students get an environmental lesson through photography

    By Gerald Ensley
    DEMOCRAT SENIOR WRITER

    EASTPOINT — From the firetruck boom 95 feet in the air, photographer Daniel Dancer told the colorfully garbed students arranged on the soccer field below that when he counted to three, he wanted them to shout, "Get your sky sight on!"

    He did. They did. And, bingo, all 1,200 K-12 students in Franklin County were part of a bird's-eye portrait of their new school logo: a seahawk.

    Said Franklin County High 10th-grader Cory Lee, "It was weird. It was cool. It was definitely different."

    It was also instructional. Dancer, 56, an Oregon environmental photographer, travels the nation teaching students about the environment. His signature is creating "Art For The Sky" by arranging big groups of people into mosaics of birds, fish, animals and trees that he photographs from above.

    He spent three days this week teaching Franklin students his six tenets about the environment: "Intention," "Sky Sight," "Collaboration," "Impermanence," "Gratitude" and "Inter-Connection." Thursday, he orchestrated the giant photo shoot of students clad in black, white, red and other color T-shirts. Today, he will host assemblies (and a 7 p.m. public reception at Apalachicola's West Campus auditorium) to show a 15-minute video of the photo shoot. Each student will receive a "sky card" of the photo and his six tenets.

    Though Dancer tries to build an appreciation for all nature, he focuses on the threats of global warming. He began "Art For The Sky" in 2000 and has taken 60 mosaic photos.

    "I do (the photos) so students will experience the art and all the teaching that goes with it," Dancer said. "Global warming is the biggest issue humans face, and students are not learning about it. I don't want to scare anyone, but we need to talk about it and then it will filter up to our leaders."

    Thursday's photo shoot also represented an unofficial introduction to Franklin's new consolidated K-12 school, on U.S. Highway 98 near Eastpoint. This fall, the county will close its three existing  schools and move all its students into the $52 million facility now under construction.

    It is believed Franklin is the only Florida county to consolidate its students in a single school. The school is 11 miles from each of the rural county's two cities, Carrabelle and Apalachicola, on land donated by the state.

    "Everyone is very excited," said elementary teacher Carol Weyrich. "It's quite an experience for all the students in the district to see the new school. It's quite an experience even for the teachers."

     

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