Drought may be lasting condition

By RUFFIN PREVOST
Gazette Wyoming Bureau

LOVELL, Wyo. - Sportsmen pinning their hopes on Mother Nature to bring more water to Bighorn Lake and the Bighorn River might do better to work for more accurate weather data and efficient water use.

That's because most long-term climate models call for average annual regional temperatures in 2050 to be three to seven degrees higher, which could mean even less water in the future, State Climatologist Steve Gray said Thursday.

He briefed members of a group studying potential solutions to the water shortage on how decadeslong global climate changes and shorter-term regional fluctuations may affect water availability.

"We need to be thinking about a changing climate in all of the planning we're doing. Not only global changes, but also the fact that climate changes naturally from year to year and decade to decade," Gray told the group.

Scientists don't know if expected higher temperatures over the coming decades will mean more or less moisture, but assuming precipitation stays the same or shrinks, that could mean dry times for the Bighorn Basin, he said.

5th driest

Wyoming has an average annual precipitation of 16.8 inches statewide, making it the fifth driest state in the nation, Gray said.

Most of Wyoming, 71 percent, is much drier than the average, with high-altitude snowpack in the northeast corner accounting for much of the state's precipitation.

Even a small rise in average temperatures could mean huge changes to the state's water outlook, said Gray, who also is director of the Wyoming Water Resources Data System.

Much of the spring snow that collects in the high country falls at temperatures just below freezing. Raise the temperature a few degrees, and that snow turns into rain.

Higher average temperatures mean snow melts sooner, bringing earlier and faster peak runoff and diminished late-season flows. That can mean increased evaporation and more severe water shortages later in the year, Gray said.

It also means the high country becomes drier, bringing more widespread insect infestations in the forests and making them more prone to large wildfires, he said.

Whether temperatures rise from global climate changes or the natural variations in regional weather patterns, "drought is really business as usual in this part of the world," Gray said.

Historically dry

A scientific analysis of tree rings from around the Bighorn Basin shows severe and extended dry spells occurring with relative regularity over the past 700 years, he said.

"When we take the driest year in the 20th century, 1936, that kind of drought has been equaled or exceeded on numerous occasions," he said.

"Severe and sustained drought is part and parcel to life in the Western United States, and we better make sure that whatever work we're doing takes that into account," Gray said.

Other factors besides climate also are shaping demand for water around the region, including growing populations and changing land use, he said.

The water tug-of-war on the Bighorn system, pitting boaters and lake fishermen against river fishermen downstream, breaks the mold of many traditional water disputes, he said.

"Agriculture has always been such a huge player in Western water, but with the increases in recreation, that's another fundamental change shaping the demands for water," he said.

Growing demand in neighboring states and regions downstream is another changing factor.

"There are more people in one Las Vegas suburb than in all of the state of Wyoming, and when you look at it from that economic or socio-political reality, being a headwater state in the New West makes us vulnerable in ways we haven't been in the past," Gray said.

Things to do

There are things Wyoming planners and residents can do to make the most of the existing water, he said.

"The first is we can work on our infrastructure, and that includes things like concrete, dams, pipes and ways to store water and move it where we need it.

"Second is conservation of water, and getting rid of the inefficiencies and losses in our water system.

"Finally, we need to get a better handle on how water availability and climate change over time," he said.

Gray said the Legislature provided more than $400,000 last year for badly needed weather monitoring equipment, but more funds are required for long-term maintenance and operation of the gear.

"In the past, we have partnered with federal agencies on installing and maintaining a lot of that equipment, but they are getting out of the business and putting more and more burden on states to monitor climate, and water in particular," Gray said.

With so few residents, Wyoming is at a disadvantage because it lacks weather reporting stations and volunteers helping to record and report data.

Gray encouraged residents to participate in a national program called CoCoRaHS, or Community Collaborative Rain, Hail and Snow Network, for which amateur weather spotters can monitor and report on precipitation.

"By adding a few hundred citizens to that program, we essentially double the amount of information coming in for the state," Gray said.

Contact Ruffin Prevost at rprevost@billingsgazette.com or 307-527-7250.

OPINION & EDITORIAL – The BadgerHerald school newspaper of the University of Wisconsin-Madison

America fighting inner water wars

by Andrew Wagner

Friday, October 19, 2007

The thought may seem odd, but it looks to me like the United States could sure use a hurricane right about now. Even a tropical storm or two would do. Right now, the majority of land in the southeastern United States is suffering from either severe or exceptional drought — the U.S. Drought Monitor’s two highest classifications for water deficits.

The issues being debated in that area of the country and others that remain at the mercy of uncaring weather patterns serve as an excellent primer on problems that states across the nation may have to deal with as water supplies become increasingly stressed.

The situation around Atlanta, Georgia shows the consequences of what can happen to a large metropolitan area suffering from extreme drought. The reservoir that supplies the city with nearly all of its drinking water, Lake Lanier, is running dry. A two-year drought that has plagued the region has now resulted in this sorry state of affairs. Georgia’s Environmental Protection Division says that Lake Lanier’s supply of drinking water could exhaust itself within the next 81 days. Furthermore, the exhaustion of Lake Lanier will threaten power plants and industries downstream from the reservoir that depend on the flow of water from it to operate, not to mention the river’s ecosystem.

Unsurprisingly, there is a clear ripple affect throughout society. As outflow from the reservoir decreases, industry and power generation downstream will fall as well. As the reservoir falls, citizens and businesses within Atlanta itself will face cuts far beyond the restrictions on lawn-watering and recreational use already in place. Without even looking at the devastation this drought has already caused for farmers in the area, the water shortage will clearly cause a big economic impact.

The consequences of the situation in the Atlanta region are not isolated. North Carolina, South Carolina, Alabama and Tennessee are all facing similar problems. Across the Southeast, reservoir and river levels are dropping. Many other communities could soon face situations as dangerous as Atlanta’s with a massive economic toll.

The drought in the Southeast, traditionally a wet area of the country, should serve as a wakeup call. Here in Wisconsin, we could face some of the same problems, yet it seems water issues are often overlooked. Part of this is no doubt due to the fact that the state sits next to two of the largest bodies of freshwater in the world. However, if the state does end up facing an extended drought as severe as the drought in the Southeast, there will be major problems.

The biggest problem relates to the usage of aquifers as a water source. A report commissioned in 2002 for the municipal and wastewater industry cites declining aquifers in Dane County, the Fox River Valley and western Milwaukee suburbs as key problems. Increases in demand are placing stress on these aquifers, which cannot replenish themselves as fast as they are being drawn down. The demand problem will undoubtedly be compounded as Wisconsin’s population continues to grow. If a prolonged and severe drought does strike, will these aquifers be able to keep up with demand? I have my doubts.

The report outlines some possible solutions to the problem. Obviously, municipalities could switch over to using river water or pipe it in from Lake Michigan. However, both solutions have further problems. River levels will undoubtedly already have been affected by the drought and taking water out of them will only compound the stress they are under. Furthermore, it may impact industries or power plants that depend on the river water for operation, potentially setting up some very nasty fights.

A commonsense look also reveals plenty of problems with getting water from Lake Michigan to any place more than a small distance inland. The distance between Madison and Milwaukee is more than 70 miles. Now imagine building a pipeline to pump water that far. Not only would the pipeline be expensive to build, but it would be expensive to operate and maintain. How much more expensive is yet to be determined, but it is certainly much more so than pumping water from an aquifer.

The situation in the Southeast shows what happens when you get caught by surprise. Whether we use education to encourage greater conservation, the use of new technologies to reduce inefficiency, build a new pipeline or whatever other solutions present themselves, they all have one thing in common: They should start sooner rather than later.

Andrew Wagner (awagner@badgerherald.com) is a junior majoring in history and political science

TC Palm Editorial Series: Is Florida over? It's our decision, Part IV of IV, Quality of life

The old growth model is collapsing under an onslaught of congestion, dysfunction and a lack of natural resources. And Floridians are paying for it. Let’s look beyond our battered real-estate market, which will recover, to map out six steps toward a better way of life on the Treasure Coast.

MANAGE GROWTH: Size matters

If bigger really is better, Miami would be the cleanest and most livable city in Florida. Need we say more?

Comprehensive plans already on the books call for a state population of 100 million — 82 million more Floridians than are here today.

The Treasure Coast still has a chance to avoid the mistakes of South Florida, but local officials will have to grow a spine. They can start by scrapping the false doctrine that dramatic growth is “inevitable.”

This doesn’t mean governments shouldn’t plan for growth. Like everything else in government, growth is a political decision. Just look at the strict growth controls in Martin County. On the other end of the spectrum, Port St. Lucie and Fellsmere view growth as a panacea.

City councils and county commissions can be proactive in governing for the greater good, and planning ahead, or they can continue making ad hoc deals with landowners that boost densities, facilitate sprawl and pave over what’s left of paradise.

BOND: Get to know your neighbors

“Community” isn’t defined by endless rows of new houses and retail outlets linked by miles of asphalt. Real, functional communities are built on a scale that promotes safety, healthy lifestyles, wholesome recreation, civic involvement and a diversified economy.

Strip malls are vestiges of an era when gasoline was $1 a gallon. So are far-flung tract developments that demand time-wasting commutes through concrete jungles where there’s no “there” there.

Mixed-use communities that carefully connect residential, retail and commercial components bring people together in a functional way — not drive them apart.

The current development model breeds anonymity and alienation as it elevates the profits of itinerant homebuilders over the well-being of residents who are already here. This upside-down agenda produces unsafe neighborhoods, juvenile delinquency and a host of social pathologies among urban strangers. Who wants to live there?

CONSERVE: Think and act green

Recognizing that bulldozed fields or dried-up wells are gone forever, voters have generously approved programs to purchase environmentally sensitive lands. Initiatives like Florida Forever and local conservation bonds have rescued some pristine properties. But even if everyone emptied their bank accounts, the public cannot outbid developers.

So stop the shakedown. Government can conserve natural resources without transferring billions of dollars in public funds to private landholders. Enforce current zoning regulations and quit “tweaking” urban service boundaries. Call on public and private land trusts to use their funds more efficiently, and let existing federal tax breaks for land donations do their job.

Enact and strictly enforce ordinances to save trees. Punish anyone who violates environmental regulations with more than a slap. Maximize the cost-saving potential of solar power, especially at new public buildings.

A region that receives more than 30 inches of rain per year shouldn’t have to ration water. But diminishing aquifers are a wakeup call that population is outstripping supply. Pursue water-saving strategies, such as converting thirsty and non-native St. Augustine sod to xeriscape and natural flora.

Finally, move sewage plants away from the Indian River. Dumping even treated waste water into the lagoon is slowly but surely killing it.

RECYCLE: Waste not

The biggest “mountains” on the Treasure Coast needn’t be garbage dumps. With new technology, landfills can generate energy through compression and composting.

Follow the lead of Seattle and other cities that recycle more than 40 percent of their garbage. Ban recyclable products, such as paper, from landfills. Expand the types of plastics (Nos. 3-6) that can be recycled. Track progress in the public and private sectors.

Government officials don’t have to pay for third-party “accreditation” to do the right thing. Just do it.

GET EDUCATED: Knowledge is power

From distance learning to charter schools to private college grants, Florida must enlist partners to raise the scholastic bar.

This is more than an academic exercise. Chronically high dropout rates — four of every 10 Florida high school students fail to earn a diploma — are a drag on society. Not only do dropouts earn less, they also are more prone to crime, teen pregnancy and all manner of abuses/addictions.

Education — whether vocational or collegiate — can break the cycle of misery and save future generations from the mire. For pennies on the dollars that taxpayers are expending today, self-paced, online education is available free through Florida Virtual School (flvs.net). Likewise, charter schools — which are free and open to all — deliver K-12 programs that meet or beat those offered at traditional public campuses, also at a fraction of the state’s standard spending formula. Whatever school districts do or don’t do, parents have an obligation to educate themselves about the available choices.

Support public and private education and measures that will help them become more accountable and effective.

As for higher education, if Florida Atlantic University can’t ramp up a full-fledged four-year program on the Treasure Coast, Indian River Community College must aggressively (and cost-effectively) expand its baccalaureate offerings. This is crucial to revving up the academic engine and preparing students needed to power a diversified and globally competitive regional and Florida economies.

VOTE: Hold politicians accountable

Low voter turnout and public apathy ensure status quo. When only one in five registered voters (10 percent of eligible adults) cast ballots in local elections, people get the politicians they deserve — the ones who take money and orders from special interests.

If an uninformed electorate is a prescription for corruption, an engaged populace has the power to restore accountability and a spirit of pure public service. Of course, no government program will increase popular participation. That’s the people’s job.

Ultimately, local government’s job is to protect and enhance citizens’ quality of life. So register to vote, pay attention, get involved and, when office holders fail to work for the greater good, throw the bums out. That’s how good communities get better.

Things are tight in Florida's citrus belt

THE ASSOCIATED PRESS

FORT PIERCE, Fla.

There seem to be more tractors tearing up St. Lucie County’s citrus groves than tending them these days.

This county once had more orange and grapefruit trees than almost any other place in Florida, the nation’s largest citrus producer. Now it is one of the fastest-growing counties in one of America’s fastest-growing states, and that land is fast giving way to housing tracts.

The same is happening in varying degrees across Florida’s citrus belt. It has been for years, but the slow slide has suddenly quickened. Farmers are replanting fewer trees than at any point since the 1970s, and cropland is disappearing. Previously high land prices, such diseases as citrus canker and greening, and even the rising cost of trees are hurting farmers and driving up orange-juice prices to record levels, up more than a third since 2002.

“It’s a very, very expensive process to get back into the business, even though you have land sitting there fallow,” said Doug Bournique, the head of the Indian River Citrus League. “It’s not a dollar a tree like it was 20 years ago, just to pop them into the ground.” It can now cost $10 a tree.

Florida lost 127,182 acres (17 percent of its total) in the 2006 crop census - the second worst decline in history behind only a January 1986 freeze. The net loss was higher than the previous eight years combined.

The U.S. Department of Agriculture does not tie specific reasons to any acre lost, but growers and other industry officials say that the problems are plain. Canker and greening led to the destruction of tens of thousands of acres of trees in the past 10 years, and bad hurricane seasons in 2004 and 2005 damaged groves. Some farmers sold to developers when land prices rose sharply during the past few years, though the recent slowing in the housing market has probably stymied that trend.

The problem is that it keeps costing more to grow citrus. Because of canker and greening bacteria, farmers have had to adopt tedious and expensive procedures to decontaminate workers and find infected trees.

Canker, which makes fruit unusable, is spread by the wind and contaminated clothes and equipment. Greening kills trees and is spread by an Asian insect accidentally brought to Florida. Neither disease harms humans.

To protect trees, citrus nurseries now use greenhouses, and many are moving away from commercial citrus territory. The changes have sent tree prices higher.

Despite the trouble, officials in the $9 billion Florida citrus industry remain optimistic. Bournique likens it to 1980s freezes, from which the industry rebounded with increasing acreage that peaked in 1996.

The USDA predicted this month that Florida would rebound from last year’s dismal orange crop with a 30 percent increase in production, up to 168 million boxes of oranges. Growers were ecstatic, but juice-maker Tropicana warned that it was still much lower than prehurricane production that regularly exceeded 200 million boxes.

Most Florida oranges are pressed into juice, and Tropicana buys 40 percent of them. The company said it expects cost pressures to continue.

VIEWPOINT ~~ No rest for the 'Citizen Army'

News-Leader commentary By Robert M. Weintraub/East Nassau Homeowners' Council

Victory in a pitched battle can be exhilarating, and multiple victories, one after the other, much more so. But looking at the happy faces of the battle-hardened troops you can see the fatigue, the evidence of shell-shock, experienced in the struggle. The troops need some R&R, some downtime with their families, time to get back to their normal lives. But the enemy is relentless and so soldiers have to be recalled to the front line to repulse yet another attack.

Iraq? No, Nassau County!

Two hundred of the citizenry mobilized to turn back the 300-unit apartment complex proposed for Barnwell Road in August. In September, a strong citizen turnout for the vision committee's meeting in Callahan put the chamber of commerce's minions on notice that the public considers keeping Nassau beautiful the second most important priority in developing a vision for the county (a bare percentage point behind controlling growth; the business/developer interests on the vision committee had ranked Nassau's beauty fourth among the list of eight concerns).

And in early October, some 60 citizens marched to the podium to tell county officials they want a strong, enforceable land development code to protect Nassau's trees and its natural beauty.

Good work for the Citizen Army that gave up time and energy to let our county government know what the voters really want. But the troops can't lay down their arms just yet, for the forces that would turn Nassau from lush green to concrete gray, clog our highways, litter the landscape with ugly strip malls, are relentless. Their highly paid mercenaries keep bringing the challenges that will destroy our way of life.

The next pitched battle between developers and the Citizen Army is shaping up over a large-scale commercial development on A1A at the already congested Chester Road that will further blight the landscape, add to the traffic bottleneck and continue to make Nassau's comprehensive plan irrelevant.

And in the pipeline are a number of plans to change the Future Land Use Map (FLUM) and build more ugly storefronts along Nassau's highways that are working their way through the planning department.

To make the situation more difficult, a new threat has emerged in the form of a traffic guru in the pay of the power brokers who is making outrageous statements to county officials that A1A traffic is not as bad as many say and that long turn lanes can mitigate traffic problems caused by massive new developments.

Must the Citizen Army continue to parade to the county commission and planning board month after month to protect our way of life? Must we find our own traffic authority to counter the ridiculous statements of the developers' new hired gun?

Shakespeare's Henry V exhorted his troops with the cry, "Once more into the breach, dear friends, once more!" Must we make this call every month?

There may be a better way. An effort is being made to get a "Hometown Democracy" amendment to the Florida Constitution on the ballot for November 2008. If this amendment is passed by the voters, it will require comprehensive plan and FLUM changes to be approved by the public. It would slow the developers' mad rush to turn Nassau from green to gray. It would give Floridians control over growth for the first time. And it would head off the imminent rise in our taxes to pay for the infrastructure required by out-of-control development.

The developer-controlled Florida Chamber of Commerce is so scared of this amendment that it has conducted a "full-court press" to derail it. Chamber executives have toured the state exhorting local chambers to fight it. Disinformation has been spread about it. A rival amendment has been proposed to confuse the public. A lawyer-lobbyist for developers has sent out a mass-mailing to scare voters.

To get the amendment on the ballot petitions must be signed by 700,000 registered Florida

voters by the end of the year. More than 500,000 have been obtained as of the beginning of October. The rest must be collected by the end of the year. To learn more about this issue, and to get a copy of the petition, go to www.floridahometowndemocracy. com

Getting the amendment on the ballot, and then voting to approve it, will allow our Citizen Army to rest, to go about its normal lives and not have to worry about the monthly threats to our way of life.

Until voters get the power to control growth, we must indeed be prepared to go "once more into the breach!"

Pro-growth group mobilizes against referendum

By ZAC ANDERSON

zac.anderson@heraldtribune.com

SARASOTA -- A variety of well-financed pro-growth groups are opposing an ordinance that would make it more difficult for the Sarasota County Commission to approve new developments.

Protect our Constitution, the Florida Chamber of Commerce's powerful political action committee, has begun distributing fliers against the Nov. 6 referendum with the financial support of groups like the National Association of Homebuilders.

With $3.2 million in contributions over the last two years, the PAC has successfully campaigned against similar rules in other Florida communities.

The group typically works through local pro-business PACs. Citizens for a Better Sarasota, a committee financed by Sarasota developers and builders, has raised $12,000 since July.

Supporters of the proposal like Sarasota architect Bill Zoller call Protect our Constitution an "attack PAC" and decry the "outside influence of these carpetbaggers."

Those who oppose the measure, along with a similar one proposed for the city of Sarasota, say they need to get the word out that such restrictions are undemocratic and bad for business.

The county proposal is designed to rein in growth by requiring a 4-1 commission vote, a super majority, to approve new developments that are larger or otherwise more intensive than the county's comprehensive plan currently allows.

"It's not how representative democracy is supposed to work and it's not good for a struggling economy," said Adam Babington, a spokesman for the Florida chamber.

Zoller said such talk was preposterous.

"Who hurts our economy? Concerned citizens or the greedy developers and speculators who have caused the disaster we're in now?" he asked, referring to the recent slide in real estate values.

The two sides are gearing up for a publicity war with the referendum less than three weeks away.

Supporters of the proposal have raised $61,000, which they plan to spend on direct mailings and other campaign literature, Zoller said. Volunteers with the Citizens for Sensible Growth PAC, which collected 12,500 signatures to get the proposal on the ballot, also are speaking to dozens of local neighborhood associations and manning booths at upcoming festivals.

The opponents have been relatively low-key thus far, but Protect our Constitution often waits until the last minute before deciding where to spend money.

The PAC's first foray into the race came on Oct. 10, when hundreds of fliers were distributed during a Sarasota County Civic League breakfast.

Citizens for a Better Sarasota has spent only $585 since July. The group was formed by developer Piero Rivolta and builder Frederick Derr. Neither returned telephone messages Tuesday, nor did the group's largest contributor, William F. McDonough Plumbing Inc.

Pro-growth PACs have spent heavily on Sarasota elections in recent years with little success.

Citizens for a Better Sarasota helped finance television advertisements attacking slow-growth County Commissioner Joe Barbetta. Barbetta narrowly won his election last November.

All told last year, Citizens for a Better Sarasota and a larger, Tallahassee-based PAC called Citizens for Housing and Urban Growth spent nearly $500,000 on Southwest Florida campaigns, but many of their candidates lost, thanks to a backlash against the region's recent development boom.

Protect our Constitution has had some success, though.

Earlier this year, the group gave $10,000 to a PAC in Fort Worth that successfully worked to defeat a super-majority referendum in that city by 118 votes.

Babington said such efforts were needed to suppress the larger statewide goal of slow-growth groups: The Hometown Democracy amendment to Florida's constitution, which would require communities to vote on every comprehensive plan amendment in their borders.

"This initiative in Sarasota is not bubbling up from citizens," Babington said. "This is a coordinated effort by the people behind Hometown Democracy to get some traction."

But this is not the first slow-growth political movement to take hold in Sarasota County in the last two years.

Although they often were outspent, slow-growth political candidates like Barbetta and Sarasota City Councilmen Dick Clapp and Kelly Kirschner won elections by railing against the excesses of the recent development boom.

Similar campaigns are under way in Venice, where a slate of slow-growth challengers are working together to defeat three council incumbents.

"Citizens throughout the state have lost confidence in their elected officials," Zoller said. "We don't see that they're safeguarding the quality of life in our communities."

Hillsborough and Collier counties both have super-majority rules related to development, but Sarasota would be the first to have such restrictions in the county charter.

County Commissioner Jon Thaxton's view is that people on both sides of the charter amendment issue appear to be overstating their cases.

Over the past 10 years, there have been nearly 150 attempts to amend the comprehensive plan. But only two of those resulted in 3-2 votes on changes that would have increased the density on a property or increased the intensity of the land's use, Thaxton said.

Otherwise, county commissioners have been in agreement not to allow new development east of the urban service boundary.

"In this case, the charter amendment would have negligible, frankly no impact, on the growth of Sarasota County," Thaxton said.

Feds explore drought options for Apalachicola River
By Bruce Ritchie
DEMOCRAT STAFF WRITER  
Without agreeing to take immediate action, the U.S. Army Corps of Engineers has responded to Georgia's request to cut water flowing into Florida's Apalachicola River.
Georgia officials last week asked the federal agency to reduce flow to the Apalachicola River as much as 60 percent or more. They say the action is needed to prevent reservoirs that provide drinking water for cities from going dry.  
The Corps of Engineers is operating reservoirs under a plan to provide minimum flow to the Apalachicola River for threatened and endangered mussels and Gulf sturgeon.
Florida officials say the water is needed for the seafood industry in Apalachicola. They say cutting the flow will cause economic and environmental harm.
In a response to Georgia, Maj. Ronald D. Payne of the Corps of Engineers' district office in Mobile, Ala. wrote the agency is exploring options with federal wildlife officials for dealing with the drought.
"I hope you and the other states and stakeholders will continue to share information that can assist us in planning and managing for this drought," Payne wrote.
Contact reporter Bruce Ritchie at (850) 599-2253 or britchie@tallahassee.com.
UPDATE: Ga. governor says state will sue to cut Apalachicola flow
By Bruce Ritchie
DEMOCRAT STAFF WRITER
Georgia Gov. Sonny Perdue says his state will ask a court to force the U.S. Army Corps of Engineers to cut water flowing to the Apalachicola River.
Georgia officials last week asked the federal agency to reduce flow as much as 60 percent or more to prevent reservoirs that provide drinking water for cities from going dry.  
The Corps of Engineers is operating reservoirs under a plan to provide minimum flow to the Apalachicola River for threatened and endangered mussels and Gulf sturgeon.
“I am confident that Congress did not pass the Endangered Species Act with the intention of providing protection for species of mussel and sturgeon at the expense of critical human needs,” Perdue said in a news release.
Florida officials say water is needed for the seafood industry in Apalachicola. They say cutting the flow will cause economic and environmental harm.
DEP Secretary Michael Sole wrote in a letter Tuesday that Georgia's request would "severely impact" Florida's natural resources and cause "profound disruption of the socioeconomic foundation in Florida's Panhandle region."
In a response to Georgia, Maj. Ronald D. Payne of the Corps of Engineers' district office in Mobile, Ala. wrote the agency is exploring options with federal wildlife officials for dealing with the drought.
"I hope you and the other states and stakeholders will continue to share information that can assist us in planning and managing for this drought," Payne wrote.
Contact reporter Bruce Ritchie at (850) 599-2253 or britchie@tallahassee.com
Florida: Don't cut water flow
State wants to keep river at same level
By Bruce Ritchie
DEMOCRAT STAFF WRITER  
Georgia's request to reduce water in the Apalachicola River would "severely impact" Florida's natural resources, Department of Environmental Protection Secretary Michael Sole told the U.S. Army Corps of Engineers on Wednesday.
Georgia last week asked the corps to reduce the flow into Florida to stop the draining of federal reservoirs in Georgia that are used for drinking water. But Florida says the low flows from upstream already are harming the Apalachicola River.
  
"If flows are reduced by half again, significantly increased negative impacts will occur, including a profound disruption of the socioeconomic foundation in Florida's Panhandle region," Sole wrote in a letter to the corps.
Officials with Georgia and the Corps of Engineers could not be reached for comment Wednesday night.
Florida officials say water is needed in the Apalachicola River to support the seafood industry around Apalachicola Bay. The flow also provides cooling water for Gulf Power Co.'s Scholz generating plant near Sneads.
Alabama, Florida and Georgia have been fighting in the federal courts over water since 1990. Much of Georgia, Alabama and the Florida Panhandle now are in a severe drought.
In her letter last week, Georgia Environmental Protection Division Director Carol Couch stated that water-intake pipes in Lake Lanier could be exposed by the end of the year and that the reservoir could be emptied in January.
But Maj. Daren Payne, deputy commander of the Corps of Engineers district office in Mobile, Ala., said earlier Wednesday that any rainfall would slow down the predicted draining of the reservoir.
Water-intake pipes can be extended to take advantage of the 40 percent of the reservoir's volume that still is left, Payne said.
"Atlanta is not going to be running on bottled water by Christmas like some people might think," Payne said. "They are not going to be going thirsty in 90 days."
Contact reporter Bruce Ritchie at (850) 599-2253 or britchie@tallahassee.com.
Florida citrus land yielding fast to housing, tree diseases
By TRAVIS REED
Associated Press Writer
FORT PIERCE, Fla. (AP) -- There seem to be more tractors tearing up St. Lucie County's old citrus groves than tending them these days.
This county once had more orange and grapefruit trees than almost any other place in Florida, the nation's largest citrus producer. Now it's one of the fastest-growing counties in one of America's fastest-growing states, and that land is fast giving way to housing tracts.
The same is happening in varying degrees across Florida's citrus belt. It has been for years, but the slow slide has suddenly quickened. Farmers are replanting fewer trees than any point since the 1970s, and crop land is rapidly disappearing. Previously high land prices, diseases like citrus canker and greening and even the rising cost of trees are hurting farmers and driving orange juice prices to record levels, up more than a third since 2002.
"It's a very, very expensive process to get back into the business, even though you have land sitting there fallow," said Doug Bournique, head of the Indian River Citrus League. "It's not a dollar a tree like it was 20 years ago, just to pop them into the ground." It can now cost $10 a tree.
Florida lost 127,182 acres (17 percent of its total) in the 2006 crop census - the second worst drop in history behind only a January 1986 freeze. The net loss was higher than the previous eight years combined.
The U.S. Department of Agriculture does not tie specific reasons to any acre lost, but growers and other industry officials say the problems are plain. Canker and greening forced the destruction of tens of thousands of acres of trees in the past decade, and bad hurricane seasons in 2004 and 2005 raked groves. Some farmers sold to developers when land prices skyrocketed the past few years, though recent slowing in the housing market probably stymied that trend.
The fundamental problem is that it keeps costing more to grow. Canker and greening bacteria have forced farmers into tedious and expensive procedures to decontaminate workers and find infected trees.
Canker, which makes fruit unusable, is spread by the wind and contaminated clothes and equipment. The disease has made three waves in Florida, the most recent starting in 1995. It quickly infected not only groves, but also nurseries, leaving replacement trees in scarce supply. Previously, any tree within 1,900 feet of one tested positive for canker had to be destroyed. The state abandoned that program after hurricanes spread the disease so far it couldn't be contained.
Greening kills trees and is spread by an Asian insect accidentally brought to Florida. Neither disease harms humans.
To protect trees, citrus nurseries now grow in greenhouses, and many are relocating away from commercial citrus territory. The changes have sent tree prices soaring.
New stock won't be available until spring 2009 for Leroy Smith Inc., said Trey Smith, vice president of marketing. He said some nurseries had trees available sooner, but it was much more expensive.
"I know some people that paid close to $10 for immediate delivery," Smith said. "It's a huge increase and it's a greater risk. Your cost inputs have increased, but at the same time your risk is more with the situation with canker and greening."
As a result, Bournique said, some farmers are leaving land unplanted. For example, only 58 acres of citrus was replanted in Indian River County in 2006 - by far the lowest in history. That figure was as high as 3,225 acres in 1992, and had never been under 200 acres.
"A lot of growers are sitting there with fallow land, but you don't want to plant new trees. You're looking at your friends and neighbors to see if there's infected land next door," Bournique said. "Tree costs have doubled. You've got to spray more and do a lot of different things to protect them. The gamble is bigger, the expense is bigger."
Despite the trouble, officials in the $9 billion Florida citrus industry remain optimistic. Bournique likens it to 1980s freezes, from which the industry rebounded with increasing acreage that peaked in 1996.
"Men became millionaires," Bournique said of growers who stayed through the tough times.
The potential difference is that replanting spiked after the freezes, and that hasn't happened this time. It takes three years for a new tree to bear fruit.
The USDA predicted this month Florida would rebound from last year's dismal orange crop with a 30 percent increase in production, up to 168 million boxes of oranges. Growers were ecstatic, but juice maker Tropicana warned it was still much lower than pre-hurricane production that regularly exceeded 200 million boxes.
The vast majority of Florida oranges are pressed into juice, and Tropicana buys 40 percent of them. The company said it expected cost pressures to continue.
An average gallon of orange juice now costs $5.97, the most recent ACNielsen data shows, up 22 percent over the same time last year and 37 percent from five years ago.
That's bad news for consumers, but helps growers as the prices somewhat offset higher production costs.
Smith said he expected production to rebound, but not to pre-hurricane levels and not immediately. He envisioned the harvest striking a balance that could keep revenue high but not drive consumers away.
"I think we're probably in the trough right now," Smith said. "I'm not saying it's not going to drop a little more through the next few years. ... I think we'll stay at a comfortable level."
Climate Center Says Drought To Deepen This Winter
Posted Oct 18, 2007 by Neil Johnson
Updated Oct 18, 2007 at 11:23 AM
The latest forecast from the National Climate Prediction Center shows drought conditions growing worse in West Central Florida from November through January.
Currently, coastal counties in the Tampa Bay area—including Hernando and Citrus—are classified as abnormally dry by the U.S. Drought Monitor. Polk County is listed as in a moderate drought.
The seasonal outlook released today shows climate forecasters believe there is a good chance areas in and around Central Florida that now are abnormally dry may sink into actual drought. Abnormally dry is considered to be on the doorstep of drought.
On a larger scale, the climate center forecasters say that though there may be some short-term relief for the dire drought conditions covering most of the Southeastern United States, “this drought is not going away soon.” Some places need more than a foot of rain to emerge from the drought.
Forecasters are basing this grim outlook on the presence of the La Nina in the Pacific. When water near the equator from South America to the date line cools, winter in the Southeast, including Florida, usually is drier than normal. That’s why the climate center predicts rainfall here will be below average for November, December and January.
That’s despite the center’s call for above-average rain in West Central Florida for the next 14 days.
As for the state’s drought outlook, little changed in this week’s monitor compared with last week. Two-thirds of the state still is under some type of drought condition—from abnormally dry (23 percent) to extreme drought (9 percent).
West Viera's impact alarms Rockledge

Council decides to notify county about road, flooding concerns

BY REBECCA ADAMUS
FLORIDA TODAY
ROCKLEDGE - With an eye toward future development in Viera, city council members on Tuesday voted unanimously to send a letter to Brevard County officials about concerns over that development's impact on roads and flooding.
"Viera has failed to meet their obligations to mitigate off-site impacts to neighboring communities relative to transportation issues. . . It is time to hold the Viera Co. accountable for these impacts," City Manager Jim McKnight wrote.
The Viera Co.'s West Viera plan calls for construction of 11,500 housing units and various commercial properties west of Interstate 95 over a 20-year period, including tens of millions of dollars in road projects funded by the company to handle additional traffic.
In its letter, Rockledge also is requesting that all transportation mitigation projects on a list submitted to the county Aug. 9 be funded and constructed by the company; that a westbound turn lane be added at Eyster Boulevard southbound to Fiske Boulevard and that the turn lane also be funded by the company; and that the county not give impact fee credits to the company until the projects are finished.
The city also wants a statement about flooding potential in the area as a result of the development.
A public hearing before county commissioners set for earlier this month on the West Viera plan was postponed in response to a report by a county-hired consulting firm that raised concerns about the company's traffic impact projections.
Contact Adamus at 242-3618 or radamus@floridatoday.com.
GRU gets sludge permit
By NATHAN CRABBE
Sun staff writer
7:00 am, October 18, 2007
Alachua County planning commissioners gave their support late Wednesday to a permit allowing Gainesville Regional Utilities to continue spreading sludge on a farm in a southwest corner of the county.
In a contentious meeting, the Planning Commission voted 4-1 to recommend approval of a special-exception permit for the sludge operation. County commissioners are expected to consider the permit Nov. 13 for final approval.
Sludge is a byproduct of the process to treat human waste and neighbors have expressed concern about its impact on air and water quality. A male goat that developed udders on a nearby property has been a symbol of those concerns.
Ziploc bags of sludge-treated soil were placed in front of commissioners as GRU officials reassured the public that sludge fertilizes crops and poses no health risks.
"It's a very environmentally sustainable process," said Rick Hutton, a senior water and wastewater engineer for GRU.
Neighbors brought photos showing dust clouds being stirred up from the site and expressed worries that the health effects of sludge were not fully understood.
"How can you assure me I'm not going to get sick or my children are not going to get sick?" said Tracy DeCubullis, who lives to the west of the farm.
GRU has spread sludge on Roger Williams' farm for 26 years, but new land-use regulations require the utility to get a special exception to continue the operation.
The utility is also trying to buy the property for $11.5 million and needs the permit before the purchase can proceed.
Planning commissioners put several conditions on the permit, including setbacks 75 feet from property lines and 300 feet from drinking-water wells. They rejected proposals to require trees be planted in the setbacks and the plan to be reviewed in five years.
The farm is located on 1,400 acres wedged between the city of Archer and the Levy County line. GRU officials said spreading sludge on the farm provides the benefits of fertilizing crops while preventing the need to put it in landfills.
While the practice of spreading sludge on farms is widespread among U.S. utilities, health concerns have led some jurisdictions in this country and abroad to restrict its use.
The Cornell Waste Management Institute has documented 163 health incidents in the U.S. associated with sludge applications, including respiratory distress and gastrointestinal problems.
Neighbors at the meeting questioned whether GRU's operation was sickening them and their animals. Wendy Biggs, a neighbor who is a veterinarian, said she's seen animals coming to her property with allergic reactions and has seen deaths in cattle being grazed on the farm.
"There are things going on there that I've experienced," she said.
While a long line of neighbors asked commissioners to reject the permit, one neighbor said he supported the operation. Warren Thomas said he owns a neighboring property and he's been involved in the sludge-spreading operation with no health problems.
"I can't say that I have any ill effects," he said.
But environmental advocates questioned why GRU would continue the practice instead of alternatives. Some suggested sludge be used to produce power, an option that GRU officials said they might consider in the future.
Rob Brinkman of the local Sierra Club chapter noted that the Archer area is a place where water on the surface can sink directly into the aquifer. Pollutants that don't get into the groundwater are being fed to livestock, he said.
"It's either going down into the water supply or it's going out in the food chain," he said.
PBC environmentalists protest natural-gas plant
By Kristi E. Swartz
Palm Beach Post Staff Writer
Thursday, October 18, 2007

CORAL GABLES — A group of Palm Beach County environmental activists turned up at a renewable-energy conference in Coral Gables this morning to protest Florida Power & Light Co.'s plans to build a natural gas-fired power plant near Loxahatchee.
Panagioti Tsolkas and four other members of the Palm Beach County Environmental Coalition tried to stand in the hallway near a meeting room at the Westin Colonnade Hotel where the 2007 Renewable Energy Conference is being held today, and display signs for the 200-some attendees to see.
Hotel staff quickly grabbed Tsolkas by the arm and began shuffling him through the hotel and outside.
He and the other members planted themselves in front of the hotel for about 30 minutes displaying a sage-green sheet directed at Gov. Charlie Crist that read, "Hey, Charlie, don't pass gas on the Everglades." "I have a lot of respect for the governor, and he should be aware of what's going on," Tsolkas said.
As attorney general, Crist was one of the state Cabinet members that unanimously signed off on FPL's plans to build a natural gas plant in Palm Beach County. Under the guidance of Boca Raton attorney Barry Silver, Tsolkas and others have filed federal and state lawsuits contending that the plant's impact on the environment and global warming was not taken into consideration.
"We wanted to get a message to the governor," Silver said. "I think he got the message." Crist had been scheduled to give a keynote address this morning at the conference, but remained in Tallahassee to work with legislators convened in a special session.
FPL spokesman Mayco Villafana said today FPL that the West County Energy Center will be state-of-the-art and have the latest emission controls. He added that building another plant, especially in Palm Beach County, is necessary to support all of Florida's growth.
FPL is adding between 80,000 and 100,000 customers a year, 13,000 alone in Palm Beach County.
"It's a clean energy, and the emissions will be well below the established limits," Villafana said.
Flagler builders bail out of jail, face more lawsuits
By HEATHER SCOFIELD
Staff Writer
BUNNELL -- Herbert Heron and Noel Richardson -- who were recently arrested on accusations of defrauding homeowners --now face three new civil lawsuits.
Anthony Rappa, Alfred Mascolo and Josef Fortun each filed the three latest civil suits against Canterbury Estate Homes Inc. and its owners, Heron and Richardson. Darren Thomas, a construction supervisor for the company, was also named in their suits. Thomas has not been arrested or charged.
The court filings didn't identify compensation amounts sought by each of the three.
"Bills are still coming in," Rappa said, so it's hard to give a dollar amount just yet.
Including the new cases, Heron and Richardson are now defendants in 11 pending civil suits, according to records at the Flagler County Clerk of Court's office.
Heron and Richardson were arrested Oct. 2 on charges of grand theft, organized fraud, misapplication of construction funds and worthless checks.
Rappa said he was dismayed when he learned Heron and Richardson were released from jail Oct. 4 after each posted $100,000 bail with the help of a local bondsman. Heron and Richardson had to pay the bondsman $10,000 each in non-refundable fees.
For Rappa, , their release from jail basically means the $20,000 paid for bail fees and won't go to a customer or unpaid bill.
These latest suits are being brought by some of the same customers who worked with Flagler County Sheriff's Office Detective John Gaspar to put Heron and Richardson in jail earlier this month.
The men landed in jail after several customers came forward saying they paid Heron and Richardson to build a house for them but ended up with unfinished homes and liens slapped against them by unpaid subcontractors. Subcontractors also showed investigators other unpaid bills and bad checks.
Before they were arrested, Heron and Richardson said in an interview they'd simply gotten behind on their bills after the Palm Coast housing market cooled and said they will pay their outstanding debts to customers and subcontractors.
In the civil suit documents, Thomas is named as the licensed contracting agent for Canterbury homes at the time of Rappa, Mascolo and Fortun's contracts. The suits say Thomas failed to properly oversee the construction of their homes.
The documents also accuse Heron and Richardson of breach of contract and indicate the homes were left with construction defects and lacking various improvements that were contracted and paid for.
Rappa, Mascolo and Fortun further contend in the court filing that Heron and Richardson misapplied their money and used unfair and deceptive trade practices while doing business with them.
Rappa said he was surprised the men had the money to get out of jail.
"I was under the impression that their assets were frozen," Rappa said. Detective Gaspar said he doesn't have the authority to freeze assets during his investigation. That's usually done by a judge at the behest of prosecutors or civil suit complainants.
So there was nothing stopping Heron and Richardson from bailing out of jail two days after they were arrested.
Group confirms its rural emphasis
October 18, 2007
OVIEDO
The Black Hammock Association on Monday gave the Oviedo City Council a letter stating its position on the recent controversy over a suggestion about economic development in its rural community.

The association said it thinks Oviedo has affirmed its commitment to preserving the Black Hammock's rural character. However, the group also said it would like to get more involved with city planning and visioning efforts at earlier stages.

Oviedo's economic development task force a few weeks ago suggested the city consider annexing part of the Black Hammock and using it to develop high-wage business. The suggestion upset many rural residents, and city officials have since strongly backed away from the idea.

The Black Hammock Association said in its letter that while it supports many other recommendations of the task force, "the suggestion of moving the city northward and changing the development pattern in this area is not a sound concept."

The association put forth a list of observations "that we would have shared if we had been engaged during the committee deliberations." Among them: Annexation tends to lead to urbanization.

Sandra Pedicini and Robert Perez contributed to this report.
Debts stall homes project
The developer files for Chapter 11 bankruptcy protection.
By CHUIN-WEI YAP, Times Staff Writer
Published October 18, 2007
LAND O'LAKES - On May 22, residents in the Lake Patience neighborhood showed up at the County Commission to protest the flooding risks and density of a proposal by Burcaw Development Group to put 36 homes on 20 acres along Lake Patience Road and Kristen Road.
They thought they had wrung a victory when Burcaw's representatives seemed unusually cooperative and the County Commission threw the proposal back to staff planners for re-evaluation.
"We are going to be buffered pretty well - if it ever gets built," said neighbor Edward Moore.
There could be a reason why things seemed to go the neighbors' way that day.
About three weeks before that hearing, Burcaw Development Group already had filed for Chapter 11 bankruptcy, a form of court-assisted reorganization that allows a company to regroup without having its assets seized by creditors.
Now, two Land O'Lakes properties linked to companies owned by developer Laurie S. Burcaw face different fates as the financially troubled Burcaw Development Group wades through reorganization proceedings.
An 11-acre site in the Willow Bend development off Collier Parkway and State Road 54 - once advanced as a commercial proposal by Buca Development LLC, a Burcaw company dissolved last month - will be auctioned off by the Pasco sheriff's civil division on Monday, the Sheriff's Office said Wednesday.
The Sheriff's Office conducts the sale because of a court-ordered levy on the property, sheriff's spokesman Kevin Doll said.
Laurie Burcaw, listed in court filings as the company's sole shareholder and president, could not be reached for comment Wednesday.
But Burcaw's controversial 20-acre residential proposal on Lake Patience and Kristen roads appears to be protected under bankruptcy rules for now.
Burcaw still holds a $1.6-million stake in the Lake Patience property, according to court filings.
The tax collector's office is owed $1,302 on the property, the bankruptcy papers say.
But officials in the tax collector's office say there's also a bankruptcy notation on the Lake Patience property, which means the agency can't enforce tax collection on it.
The company owes a variety of debts - some secured, some not - totaling $26.6-million.
Among the debts: $3,000 owed to Englehardt, Hammer & Associates, the Tampa-based planners who are handling Burcaw's Lake Patience project. Ty Maxey, Englehardt's principal planner, didn't reply to a call from the Pasco Times on Wednesday.
Chuin-Wei Yap can be reached at 813 909-4613 or "cyap@sptimes.com.
Cottondale updating its development code
By ANNE SPENCER / Floridan News Editor
October 17, 2007
This city's development code isn't hit or miss, but leaves enough to be desired that it's being revamped.
In the October Cottondale City Commission meeting, its Melvin Engineering consultant suggested a rewrite and commissioners unanimously agreed.
The firm's Rick Pettis said he was getting numerous calls from the city clerk and he could prepare applications and processes for her to follow.
"Of late, Cottondale has been blessed with interest in developments of various types, and you have a fairly comprehensive code, but it has some big holes in it," Pettis said.
He said the city code calls for a 90-day review for major developments and a 30-day review for minor ones, but "what you don't have is how the review is done."
He said he would look at all aspects of development and concurrency issues of water, sewer transportation and schools.
"You have quite a bit of interest in developments coming to your city or to your area, and you've not seen this in years," he said.
Among them have been a telecommunications provider wanting to erect a cell tower, two or three outfits wanting to build subdivisions, and some commercial development in town.
Pettis explained this week that a lot of the development code was written as "interim regulations," just what was needed at the time.
"You start with a basic document ... it needs to be fleshed out," he said
For example, he said there is no process for a planned unit development, which is "a fairly large residential development that also includes some kind of town center."
A housing development proposed for near Cottondale is one like that, and though outside the city limit now, it would use services of the city.
"There's lots of things that come up from time to time, and regulations need to be in place to address them," Pettis said.
The consultant also reported to the city commission on the park and a commissioner's inquiry into the national Main Street downtown redevelopment program.
He had two change orders on the park, one for a booster water pump so the sprinkler could be used at the far end of the athletic field, and one for the restrooms.
He said the restroom doors needed to be changed to steel for more secure locks because of the park's distant location.
To answer initial questions about the Main Street program, Pettis provided a handout on the state agency that oversees such redevelopment.
The first steps would be providing public notice to receive comments on the potential of creating a Community Redevelopment Agency, which would authorize any improvements.
Pettis said the city commission could designate itself as the CRA.
Then if the city decided to go forward, it would do a finding of necessity; set a boundary; provide notice to the taxing authority of desire to create a CRA; submit the plan to the Jackson County Commission; adopt a resolution and ordinance; create the CRA; and implement the plan.
He said recent changes have been made to the program because of impacts on local governments, and whatever Cottondale decides would have to be submitted to the county.
Pettis said the initial amount of money required "would probably be very small."
Cottondale's downtown business district is full of deserted storefronts. Recently an Italian restaurant closed.
Once the highway through town was full of bustling produce stands and other small businesses lined the main street.
Now with a new industry set to open nearby and potential housing developments, owners of downtown property may be interested in economic assistance.
Also on the October agenda was first reading of an ordinance that raises water and wastewater service rates.
Closing Hickory Hill Road gets support
Neighbors, opponents, and even the giant project's developer agree its best for traffic.
By DAN DeWITT, Times Staff Writer
Published October 18, 2007
SPRING LAKE - Joyce Denilen, one of the most outspoken critics of the Hickory Hill development, has no real objection to closing off the road of the same name.
"As long as we can get in and out, and ambulances can get in here, that's my biggest concern," said Denilen, a resident of Shirley Drive, which is surrounded by the development. She uses Hickory Hill Road, which runs east-west between Spring Lake Highway and Lockhart Road, to access her property.
If the county agrees to give up the road, Sierra Properties, the project's developer, has promised to install a gate with a keypad to allow access only to residents, emergency vehicles and delivery trucks.
Sierra Properties of Tampa plans to build 1,750 lots and three golf courses on the 2,800-acre property. Officials first discussed closing the road to most public uses when Sierra proposed the project more than three years ago.
Though the neighborhood was sharply divided on whether the subdivision was a good idea, most of them now favor closing the road - as does Sierra Properties.
Closing the road, or giving the roadway to Sierra, would prevent Hickory Hill Road from becoming a shortcut for the thousands of residents expected to live in planned projects near Interstate 75 and State Road 50, residents said. Those residents are expected to use other gated access roads to the development.
It might also help preserve the flavor of what is left of the Spring Lake community to the west of the Hickory Hill development. Sierra did not want a public road cutting through its private, gated subdivision, where many homes are expected to cost more than $1-million.
Nearby residents discussed closing the road Tuesday night at the Spring Lake Community Center. Most of them favored it, though the county and developer still must work out many details, said County Engineer Charles Mixson.
These details include where the gate will be built, said Herbert Meares, who lives on Hickory Hill near Shirley Drive. He wants it installed east of Shirley Drive, so he will not need to go through it to drive back and forth to Spring Lake Highway.
"I would like the road closed partially but not so that it impacts access to our home," Meares said.
The county also must decide whether residents of Hickory Hill will be allowed to use the gate, Mixson said, and whether Shirley Drive residents will be able to use it after the project is mostly developed, possibly in 20 years or more.
To address these issues, the County Commission will decide in November whether it favors closing the road or giving it to Sierra. If they agree to vacate the road, the commission will vote on a detailed plan after staffers have had time to negotiate an agreement with the developer. That probably will not happen until early next year, Mixson said.
Dan DeWitt can be reached at dewitt@sptimes.com or (352) 754-6116.
Wiregrass okayed despite objections
Hillsborough wants $28-million to help deal with the traffic the Pasco project will generate.
By BILL COATS, Times Staff Writer
Published October 18, 2007
TAMPA - The state gave a green light Wednesday to Wesley Chapel's Wiregrass development - the largest in Pasco County history - despite the objections of Hillsborough County.
It means Hillsborough, which is planning to spend $130-million widening Bruce B. Downs Boulevard by 2012, won't get any money from Wiregrass, which will largely fill up the new lanes with traffic.
Pasco County is requiring Wiregrass to pay for $579-million in road improvements in Pasco. Hillsborough wants $28-million for Bruce B. Downs.
"I've never seen doors slammed so fast," complained Hillsborough County Attorney Renee Lee.
Hillsborough thought it had a foot in the door a month ago when the Wiregrass plans were held up by the Department of Community Affairs, Florida's growth management agency. But Pasco and the department quickly made peace without indulging Hillsborough's request. The department concluded Pasco had the right to allot the Wiregrass road money.
Pasco has considered the case closed since then. But David Goldstein, a senior assistant county attorney for Pasco, said further intervention by Hillsborough could prompt Wiregrass' lenders to balk.
"Wiregrass could consider claims against Hillsborough for damages," Goldstein said.
On Wednesday, all state objections formally ended.
Lee said her staff would study Hillsborough's options. She could sue Pasco, but Florida law imposes extra administrative hurdles when one county sues another.
"What they're doing is legal," Lee said of Pasco. "But legal doesn't always make it right."

Atlanta Area Could See Just 90 Days of Water Reserves

Oct 17, 2007 04:30 PM EDT

Lake Lanier, Ga. -- At Lake Lanier's Starboard Cove Marina boats are being pulled onto dry land before dry land comes to them.

It's not just boaters watching water levels, though. The lake is also the primary water source for all of Atlanta.

If nothing is done, there may be just 90 days of useable water left.

Sam Olens, a member of the Atlanta Regional Commission says,"We're talking three to four months from now not having drinking supply".

It's a fact that has the state of Georgia now entering uncharted waters.

Now, a ban on business and industrial use is being considered.

That is something drought experts say may be unavoidable.

"Tthe scope and the scale of why it might need to take place in the southeast is rather unprecedented up to this point," says, Michael Hayes of the Drought Mitigation Center.

For many businesses it could be the last straw.

Marina manager Michael Duling thinks a lot of people will have to adapt or go out of business.

Some are already doing what they can to conserve.

At the Cactus Car Wash water is collected, cleaned, then recycled.

"We're using the same water over and over again," says one employee.

At restaurants, water doesn't come with the food anymore unless you ask, and if you don't finish that glass one worker explains, "We have a dump bed in the kitchen where we will take the water and boil it and use it as mop water."

For now, the recycling is only voluntary, but water restrictions for businesses could become law meaning the river banks might not be the only ones that see business drying up.

As the lake gets drier every day, Georgia is now in a fight with the federal government to get the Army Corps of Engineers to stop letting water flow downstream for mussels and fish protected under the Endangered Species Act.

The state says it is the people that are in real danger.

Brent Batten: Petition drive takes novel approach

Wednesday, October 17, 2007

If you like stories about political intrigue, odd characters, big money and strippers, you could read a Carl Hiaasen novel.

Or you could just follow the campaign to get Florida Hometown Democracy on the ballot.

Hometown Democracy is a proposed amendment to the state Constitution that would require major land use changes to go to voters for approval. Now, county commissioners and city council members can make those changes.

Proponents say it will give people the power to put a stop to the sort of overdevelopment that so many decry.

Opponents argue it will put complicated land use decisions in the hands of an electorate ill-equipped to handle the intricacies of the law and will bog down the state’s economy.

The relative merits of the two positions will play out over the course of the next year, as Hometown Democracy organizers try to gather enough signatures to get the proposed amendment on the 2008 ballot and opponents seek to thwart them.

Campaign finance reports filed so far with the Florida Secretary of State foreshadow a cast of characters worthy of a best seller.

The group urging people not to sign the Hometown Democracy petition _ and trying to get those who have to rescind their signatures _ is called Save Our Constitution.

Its Web site indicts the Hometown Democracy concept, stating, “It takes responsibility for planning away from local planners and elected officials and turns power over to ‘electors,’ the cronies of special interests and their slick lawyers, who will decide our fate and the fate of Florida.’’

As if casting aspersions on the voting public by putting “electors’’ in quotation marks and insinuating they are cronies to special interests isn’t enough, the group goes on to say, “Unless you want higher property taxes, higher utility bills and Florida’s scenic beauty destroyed by big developers, revoke your signature from their petition, and keep it off the ballot this fall.’’

But campaign reports show Save Our Constitution is primarily backed by developers. Of the $133,000 the group raised in the third quarter of this year, $50,000 came from the Florida Transportation Builders Association, $50,000 from the Florida Association of Realtors, $5,000 from the Florida Fruit and Vegetable Association and $5,000 from road-building giant APAC.

Neal Communities, which boasts it has built more than 7,000 homes in Manatee and Sarasota counties, chipped in $2,500.

The financial backers of Save Our Constitution form a nice cross-section of the builders, land owners and special interests the group’s rhetoric suggests it opposes.

Meanwhile, behind the scenes at Hometown Democracy, a collection of strange bedfellows has been even more successful at raising money.

So far this year, Hometown Democracy has raised nearly $600,000 from more than 650 contributors. While the vast majority of donors kicked in $100 or less, a few major donors stand out.

Leading the cause is Palm Beach environmental attorney Lesley Blackner. Her in-kind contributions to Hometown Democracy, covering legal work and office expenses, total close to $200,000.

For good measure, Blackner wrote a series of 12 checks, each for $10, the report shows.

Providing the big money are branches of the Sierra Club in Florida, with a total of more than $125,000 in donations, and a pair of businessmen.

Steven Rosen, a doctor and purveyor of skin care products from Fort Lauderdale, has put in more than $180,000 individually and through his company, Tend Skin International.

Joe Redner, the Tampa-based owner of the Mons Venus strip club contributed $25,000 to Hometown Democracy.

Redner, a sometimes candidate for local elected office, once offered free admission to his club for anyone who voted.

When Redner showed up at a forum to speak in favor of the amendment last month, a group dressed as strippers and holding signs with “Democracy’’ spelled “Dimocracy’’ demonstrated outside.

It wasn’t entirely clear if they were there to support Redner or to mock him.

Maybe that will be revealed in the next chapter.

(E-mail Brent Batten at bebatten@naplesnews.com)

 

Bonita council opposes local democracy intiative

Wednesday, October 17, 2007

A push to require Florida residents to vote on every change to any city's comprehensive plan worries much of the Bonita Springs City Council.

If state voters approve this initiative -- which is likely to appear on the January ballot -- it would amend the state constitution to require local residents to affirm or deny many decisions that are now made by local governments.

Council voted 5 to 2 Wedneday to oppose that effort.

"People love the sound of that: Hometown Democracy," Councilman Ben Nelson said. "But I think it's going to cause more urban sprawl."

It could also lead to a lot of paperwork, Councilwoman Martha Simons said.

"People want to have responsible growth management and I agree," she said. But this initiative won't do that, she said.

"It has't been coming from for the public," she said.

A city's comprehensive plan can cover anything from where a park should be located to what type of development can be allowed in any area.

Both Councilman Pat McCourt and Councilman Alex Grantt voted not to oppose the Hometown Democracy initiative.

Indian River Shores first local government to oppose Florida Hometown Democracy

By Hillary Copsey

Originally published 01:56 p.m., October 17, 2007
Updated 01:56 p.m., October 17, 2007

Indian River Shores is the first government on the Treasure Coast to oppose Florida Hometown Democracy, a proposed constitutional amendment that would give voters final say over development.

The town council unanimously adopted a resolution against Hometown Democracy last month and then sent a letter to the 2,800 homes of the small Indian River County town urging residents not to sign the petition that would put the constitutional amendment on the 2008 ballot. The Oct. 9 letter asked residents who already had signed to have their names removed from the petition.

Councilmembers discussed their stance on the issue after receiving an e-mail from Floridians for Smarter Growth, an anti-Hometown Democracy organization, urging all municipalities to oppose the petition and its proposed amendment. The e-mail included a sample resolution against Hometown Democracy.

So far, Indian River Shores is one of 10 local governments that have followed the advice of Floridians for Smarter Growth.

But Indian River Shores Mayor Tom Cadden said the council acted on its own beliefs about Hometown Democracy, which would require voter approval for all changes to a city or county's comprehensive growth plan. Government by referendum is just a bad idea, Cadden said.

Hayes County Attorney Bid Stalls

Published: Oct 17, 2007

NEW PORT RICHEY - Sixteen years ago, Land O' Lakes lawyer Tim Hayes was the top choice of a committee searching for a county attorney, but he didn't get the county commission's endorsement.

After being rejected in a split vote, he vowed never again to seek Pasco County's top legal post, Hayes recalled Tuesday. When County Attorney Robert Sumner announced his retirement plans, however, fellow civic leaders told Hayes he would be a good candidate for the job, so he changed his mind and applied.

Hayes again is embroiled in controversy as the commission winds down a months-long search for Sumner's successor. The board interviewed five finalists Tuesday, and while Hayes emerged as top choice of two commissioners, the other three said they had reservations about him.

"I thought Tim did his best to be honest and straightforward," Commissioner Ted Schrader said after the interviews. "The fact remains that the perception is out there that he was handpicked by the development community."

After five hourlong interviews in a conference room at the West Pasco Government Center, the board informally eliminated just one candidate: Celeste Adorno, chief of the state's eminent domain division. Commissioners agreed Adorno's experience was too narrow for a position that requires a broad range of expertise.

Commissioners are to make a final selection Tuesday.

'Developer's Candidate'

By his own account, Hayes has been held up as the "developer's candidate," someone who cleans house in the county attorney's office and pushes to "fix" ordinances builders find cumbersome. He rejected that characterization several times during his interview, saying he was asked by "nameless sources" to do developers' bidding but flat refused. "I applied for this job because I thought I could make a difference," he said. "A week and a half ago, I was ready to withdraw because I did not want to be the focus, but a friend said if I did that it would be saying all of it was true. None of it is true. The perception is if you choose me, you have sold out to developers, and that is not the case."

Hayes said he would not fire Chief Assistant County Attorney Barbara Wilhite, also a finalist for the post, and other lawyers who have held a hard line with developers.

"I have no intension of terminating anyone in the county attorney's office," Hayes said. "I got calls from nameless sources who have told me they would support me if I would make a commitment that I would terminate this attorney immediately. I don't have any animosity toward Barbara. Someone asked if I would terminate everybody. That would be downright stupid."

Cox and Mariano pushed for Hayes, saying he is a known quantity, a litigator and gets along with County Administrator John Gallagher. Other commissioners noted that Sumner has three designated litigators and focuses on managing the office.

Wilhite Has Strong Support

Wilhite, also among the top picks, got strong support from Schrader, commission chairwoman Ann Hildebrand and Commissioner Pat Mulieri.

Mulieri said Wilhite presented a strong plan for the county attorney's office but suggested appointing her for a year to see if she works out.

Cox wanted to eliminate Wilhite as a candidate. He asked why she is suggesting changes now when she had the opportunity to make adjustments in her current position. He also wondered whether Wilhite would have a good working relationship with Gallagher and said staff members in that office have confided that they don't like her management style.

Wilhite said she has been consumed with revising Pasco's growth plan for four years and otherwise would have implemented change. She conceded that she is "intense" about work and has sent "nasty e-mails" criticizing staff but is working on the issue.

Schrader suggested that if Hayes and Wilhite were too controversial, perhaps the board should go with a third candidate.

Douglas Wycoff, who has a private practice in the Panhandle, was also a favorite. Commissioners commended him for a sense of humor, range of experience and success as a litigator. They wondered if he is a "job hopper" because of a history of staying in positions for a year or two.

Schrader agreed Wycoff was qualified but championed Jeffery Steinsnyder, a former assistant county attorney in Manatee County who is in private practice.

Hildebrand agreed Steinsnyder was a good candidate but wondered whether he would be assertive. Mariano and Cox said they were uncomfortable hiring a candidate who, by his own account, is "not a litigator."

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

Georgia: Cut water flow
Drought conditions threaten water supply in some Georgia cities, but water released from federal reservoirs helps Florida industry, endangered musselsBY Bruce Ritchie
DEMOCRAT STAFF WRITER

Georgia officials are calling on the U.S. Army Corps of Engineers to cut the minimum flow of water into the Apalachicola River because of drought.

The Corps of Engineers releases water from federal reservoirs under a plan to maintain endangered mussels in the Apalachicola River. Florida officials say the water also is needed to maintain the seafood industry at Apalachicola Bay. The flow also provides cooling water for Gulf Power's Scholz generating plant near Sneads.

Georgia officials say the minimum flow exceeds the amount of water being produced by rainfall by 60 percent. Draining reservoirs, including Lake Lanier, threatens water supplies for Atlanta and other cities, Georgia officials say.

"The Corps must take action now to avert this catastrophe," Carol Couch, director of Georgia's Environmental Protection Division, wrote Friday in a letter to the Corps of Engineers.

Alabama, Florida and Georgia have been fighting over water in the federal courts since 1990. Asked Tuesday whether the water wars among the states are heating back up, Gov. Charlie Crist responded only by saying, "No they're not."

A Corps spokeswoman in Mobile, Ala., said the agency has not had time to review the letter and to issue comments.

A spokeswoman for the Florida Department of Environmental Protection said Florida officials are disappointed that Georgia submitted the plan.

"We offered to work with them on a plan both parties agreed to before we submitted it to the Corps," spokeswoman Sarah Williams said. "They submitted the one on Friday before taking us up on our offer to work together."

She said Florida would provide a response once it has reviewed the plan.

Some seafood industry representatives are concerned that the already low flow into Apalachicola Bay could allow red tide to move in and contaminate oysters. Red tide has led to recent fish kills in Bay County and is suspected in Gulf County but has not been detected in Franklin County. Apalachicola Bay was shut down to oyster harvesting in late 2005 because of red tide.

"Right now, we're just hoping the red tide doesn't come this way," said Kevin Begos, executive director of the Franklin County Oyster and Seafood Task Force.

Couch requested a response from the Corps of Engineers by today. Georgia Gov. Sonny Perdue said his state will considering suing the agency if it doesn't receive a response, according to news reports.

Georgia has imposed a statewide ban on outdoor water as one of several conservation measures because of the drought, Couch said.

Contact reporter Bruce Ritchie at (850) 599-2253 or britchie@tallahassee.com.

Alachua-Marion water coalition may be on tap

Proposed forum would speak with more regional voice, organizers say.


BY CHRISTOPHER CURRY
STAR-BANNER

OCALA - Marion County soon may be part of a new North Central Florida partnership on the looming issue of future drinking water supplies.

During a September workshop, commissioners asked staff to look for regional partners who shared Marion's concerns about the St. Johns River Water Management District's proposals for future water supplies, including the potential pumping of surface water from the Ocklawaha River.

Enter the Heart of Florida Regional Coalition, an organization of government officials, business people and community organization representatives from Alachua and Marion counties, formed to collaborate on economic and quality of life issues. Marion County Commissioner Barbara Fitos is a board member.

Following the County Commission's call for partners in September, Heart of Florida approached Marion with what Water Resources Manager Troy Kuphal described in a memo to commissioners as a "willingness to assume a lead on helping to build a 'water coalition.'Ę"

Tuesday, commissioners approved spending up to $1,000 for a water supply forum that Heart of Florida wants to organize in Marion. The vote came one day after water management district officials removed Orange, Seminole and Volusia counties from discussion on the possible pumping of the Ocklawaha. Putnam, Marion and Lake remain in the discussion.

"The issue hasn't gone away," Heart of Florida Executive Director Ron Barnwell said. "The issue is what is the most equitable way of providing adequate water supply in Florida."

While Alachua County is not part of the current discussion on the Ocklawaha, the county wants to get ahead of the potential issue of water being pumped to other areas of the state, he said.

Barnwell said Heart of Florida wants the water supply forum to "speak with a larger, more regional voice." He said it's important to get state legislators involved in the discussion to talk about issues such as conservation laws and desalination plants.

No date has been scheduled for the planned forum, but Barnwell said he expects it to be held before the end of 2007.

Christopher Curry may be reached at 352-867-4115 or chris.curry@starbanner.com

County to scrap western growth plan, try again

By HECTOR FLORIN

Palm Beach Post Staff Writer

Wednesday, October 17, 2007

WEST PALM BEACH — The long-winded tale of trying to establish a growth plan for western county farmland is coming to an end.

But a new one is about to begin.

County commissioners on Tuesday followed their attorneys' recommendation by moving ahead to repeal a 2005 plan that attempted to establish how land could be developed west of Royal Palm Beach.

State planners have not approved the sector plan, and its fate was in the hands of an administrative law judge who next month was to hold a hearing on it. Landowners, area residents and neighboring cities were lined up to challenge or defend the plan.

Since 2005, the county changed details about permitted residential and commercial development as the state and county have tried to settle their differences.

State Administrative Law Judge J. Lawrence Johnston threw a wrench into negotiations by denying a request to postpone the hearing so the two sides would have more time to reach a settlement.

The state's Department of Community Affairs also issued a stinging letter to the county last week that said proposed changes to the 2005 sector plan required more analysis and justification.

Commissioners will cast a final vote to repeal the sector plan on Nov. 26.

Then, they will look ahead to what should be built in the area, although detailed talks may not get moving until next year.

Scrapping the 2005 plan will allow a "fresh and new" start, said Barbara Alterman, director of the county's planning, zoning and building department.

But several large landowners within the sector plan's boundaries are moving ahead with their own projects, including Callery-Judge Grove and GL Homes.

The 2005 plan called for about 7,700 homes and 1.7 million square feet of commercial use.

The revisions proposed earlier this year increased the number of homes to 12,931 and commercial space to about 5 million square feet.

Commissioner Karen Marcus worried that other landowners would quickly submit their own proposals once the sector plan is scrapped, limiting the county's ability to plan ahead. But commissioners would have the final say on whether to approve those plans.

Marcus hopes any new growth blueprint for the area would also incorporate residents' thoughts.

Loxahatchee resident Nancy Gribble said that having no plan in place would allow individual landowners the chance to present their own developments in a piecemeal fashion.

"They've just given developers the green light," said Gribble, one of three residents who had filed challenges to the 2005 sector plan.

Residents decry density of Delray Beach project

By ELIOT KLEINBERG

Palm Beach Post Staff Writer

Wednesday, October 17, 2007

DELRAY BEACH — Residents Tuesday night begged city commissioners to reject the scope of a project proposed for the Blood's Hammock Groves site.

The commission held its first reading on the Midtown Delray plan which would place 116 townhomes and a three-story, 30,000-square-foot medical building on 10 acres at Old Germantown Road and Linton Boulevard.

Henry Iler, an urban planner hired by residents of a half-dozen communities along Old Germantown Road, told the commission the project's 17 unit-per-acre density was incompatible and "out of character" with those neighborhoods, which average six to eight units per acre.

Residents said they worried about safety at the entrance to the proposed neighborhood, adjacent to Orchard View Elementary School.

Hammock Reserve resident Sanford Herman urged commissioners to come out and see the rush-hour traffic for themselves.

Commissioner Woodie McDuffie, who lives in one of the communities adjacent to the project, said many other nearby neighborhoods are dense and "this is not a precedent-setting project." But he also worried about traffic at the entrance and urged the city to study traffic counts and work with Palm Beach County traffic planners.

"We have a lot of things coming together at one spot," McDuffie said. "The safety of our children, nothing could be a higher concern than that."

The city's planning and zoning board voted Sept. 17 to send the project to the full commission. The commission voted 4-0 Tuesday to move to a public hearing Nov. 6.

Delray Beach-based Ascot Development plans to offer 32 of the units for $225,000 to $275,000, to people from professions such as teaching, nursing and firefighting. The firm is set to receive a $5 million state grant for the affordable housing units. Residents said they didn't oppose the workforce housing or having blue-collar neighbors; just the scope of the development.

Foxe Chase resident Ezra Kreig rattled off a series of "shame on you" proclamations at city planners and Ascot and its officers.

"What we are here to object to is the process," Kreig said. "Your planning and zoning department didn't trust us. They didn't come and talk to the neighbors there. They decided that because we're 'elitist" and 'racist" they would try to jam this project down on us."

Commissioner Gary Eliopoulos drew applause when he urged Ascot to meet with communities.

No Ascot representative addressed the commission Tuesday night. The firm, which bought the property for $4.5 million in 2005, has said the development is good for the neighborhood and important to the workers who will live there.

Opponents did not make good on a threat to raise the history of Ascot principal Garrett Bender. Before founding Ascot, he was chief executive officer of iBill, a credit card transaction firm that handled a high volume of payments for adult Web sites. Ascot has said the firm is just a clearinghouse for payments and did not take part in any of the adult entertainment business.

Foreclosure suit imperils condo development on Manatee River

By MICHAEL BRAGA

STAFF WRITERS

michael.braga@heraldtribune.com
BRADENTON -- One of the region's largest condominium projects is the target of a foreclosure suit by one of the nation's biggest banks.

If Wells Fargo's suit against the 700-unit Riviera Southshore is successful, Riviera Southshore will be the most prominent Southwest Florida project to date to succumb to the pressures of a sagging real estate market.

Other projects have died, and in recent months about 200 homeowners a month have been losing their homes to foreclosure in the region.

Exactly how developer Frank Maggio will respond to the suit from the nation's fourth largest bank is unclear: he did not return calls on Tuesday for comment.

But people who have followed the project closely are not optimistic about its chances for survival given the state of Florida's real estate market.

Maggio defaulted on a $22.3 million loan from the bank, according to the suit filed earlier this month by Wells Fargo.

"We would have hoped that he was better capitalized than that," said Bradenton Mayor Wayne Poston. "A lot of approved projects are not being built. All of Florida is facing that now. We're being impacted just like other communities."

It would mark the end of a project that generated strong passions.

Maggio and his First Dartmouth Homes -- developers of the condo towers at Riviera Dunes, the community across the Manatee River from Southshore -- had threatened Bradenton with lawsuits over the City Council's initial denial of the project.

The city grudgingly approved the project only in May, with Poston breaking a tie vote as critics on the council continued to worry about Southshore's unprecedented density on the river in Old Manatee.

Now the city can only wait to see if Maggio will be able to settle with his lenders and salvage the project or whether another developer will step in and take over.

"Timing is everything in life," said Ron Cornette, an agent with Wagner Realty in Bradenton. "The timing for this project wasn't right and the financing wasn't right."

Every city in the three-county region can point to abandoned plans and bankrupt developers.

But Maggio's idea for redeveloping about 60 commercial and residential parcels between Manatee Avenue East, Ninth Street, 14th Street and the Manatee River represents one of the highest profile projects in the region.

That is partly because Maggio had to fight so hard to get it approved.

Maggio began assembling land on the southern banks of the river in mid-2005 -- at the tail end of the boom.

To pay for his initial purchases, he received a $7.15 million loan from Wells Fargo, and the loan grew to $18.5 million by the beginning of last year.

But that appeared to be chump change for Maggio, who said he planned to spend $400 million to build three 19-story condo towers alongside an assortment of townhouses, single-family homes and 45,000 square feet of retail.

Just like Maggio's Riviera Dunes project revitalized Palmetto and added considerably to its tax base, Riviera Southshore was destined to gentrify an otherwise neglected area of east Bradenton.

But Maggio had trouble convincing some residents that high-rise condos on the Manatee River would be a good thing for the neighborhood.

At first, residents complained that the development would require bulldozing about 15 homes dating back to the 1860s, some of which were occupied by Manatee County's early settlers. Then they attacked the project's proposed height, prompting City Council members to shave 10 stories off the buildings, but allow a fourth.

After threats of suits and countersuits, the project was finally approved six months ago.

The city bent its land use laws to allow Maggio to include Glazier Gates Park, a city park, as part of his project's green space.

"We all agreed there was a need to redevelop that neighborhood," said Bradenton City Council member Bemis Smith, who voted against the project. "A lot of bad houses and some historic houses got destroyed for potentially no benefit."

Smith said he thought that Maggio had paid too much for the land.

The good news is that Maggio has not yet brought any buildings out of the ground, said Cornette, the Wagner Realty broker.

"There are builders all over Manatee County wishing they didn't have the inventory of homes they are sitting on," Cornette said. "They've got inventory galore.

"So maybe it's a good thing he never got off the ground."

Golf course owner sues DeBary over flooding
Staff Report

DELAND -- The owner of a local golf course is suing the city of DeBary, saying it has failed to prevent floodwater from a nearby lake from rendering portions of the course unusable.

The suit, filed by the owners of Glen Abbey Golf Club on Monday at the Volusia County Courthouse, seeks more than $15,000 in damages for each of several claims, including inverse condemnation, civil trespass, and breach of settlement agreement.

Golf course owner Briarwood Golf Course Inc. claims the city has failed to pump at least 1,400 gallons per minute water from nearby "No Name Lake" when it reaches an elevation of 44.4 feet. Those are the terms the city agreed to in a 2000 settlement of the golf course's 1995 lawsuit over flooding issues, the suit states.

Reached late Tuesday afternoon, DeBary City Manager Maryann Courson said she had not seen the suit and had no comment.

Ex-justice to mediate Weeki Wachee dispute

Posted on Wed, Oct. 17, 2007

BROOKSVILLE -- (AP) -- Former Florida Supreme Court Justice Ben Overton will mediate the ongoing legal dispute between the Weeki Wachee mermaids and the state agency that acts as the landlord for the venerable roadside attraction.

Lawyers for the 60-year-old Hernando County theme park and the Southwest Florida Water Management District agreed to use Overton as a mediator in a case that has dragged on for nearly four years, court documents said.

The attraction and the water agency -- which owns the land and leases it to the park -- have been in and out of court and failed at previous attempts to mediate the dispute.

The two sides have clashed over issues ranging from the wording of the lease to whether the city of nine residents can legally own the for-profit enterprise.

Both sides have filed lawsuits accusing the other of violating the lease, and park managers say a judge's ruling on any of the issues could result in the water district canceling the lease and closing the park.

A judge delayed a trial on the issues and ordered both sides back to mediation last month. The latest session is scheduled for Tuesday.

One proposal to end the dispute has the state managing the land as a state park while preserving the mermaid attraction

Official: Fruit market too crucial to give up canker fight

By Susan Salisbury

Palm Beach Post Staff Writer

Wednesday, October 17, 2007

WEST PALM BEACH — The state continued with its program to wipe out citrus canker even as the struggle got tougher because it was too important that Florida's citrus industry maintain its access to the fresh-fruit market, a state official testified today.

"Florida relies on a balance between fruit for the fresh fruit market and citrus for processing," said Richard Gaskalla, who heads the state's Division of Plant Industry. "Once it is out of balance, both sides of the industry suffer." Gaskalla testified for a third day in a non-jury trial to decide whether homeowners who lost citrus trees to the state's failed 11-year effort to eradicate the canker bacterium should receive other compensation. The state authorized a $100 Wal-Mart voucher for the first citrus tree taken, and $55 for each additional one.

 More than 40,000 Palm Beach County homeowners, who lost more than 66,000 trees, are involved in the suit, which is being tried before Circuit Judge Robin Rosenberg.

Under questioning today from Wes Parsons, a Coral Gables-based attorney representing the Florida Department of Agriculture, Gaskalla said officials also weighed the cost of continuing the eradication effort, which ended in January 2006 and destroyed 16.5 million commercial and residential fruit trees.

The cost of living with canker was estimated to be about $200 million a year, while sending crews out to test and cut down trees was expected to cost $20 million to $30 million annually, he said.

Canker is now endemic in the state, and federal officials have barred Florida growers from shipping fresh fruit to citrus-producing states such as California. Parsons asked Gaskalla whether his department's predictions of dire consequences from failing to control canker had come true.

"Unfortunately, what we predicted has come to pass, and more," he said.

The trial continues this afternoon. Lead plaintiff David Mendez of suburban Boca Raton is expected to take the stand.

Building fee to rise like a condo

By JANET ZINK, Times Staff Writer
Published October 17, 2007

 

TAMPA- The cost of building in the city is about to go up.

The Tampa City Council on Thursday will consider a 75 percent increase in permit fees for commercial construction and a 10 percent increase for residential projects.

The change means the fees for permits to build a three-bedroom, two-bathroom, 2,800-square-foot home would grow from $1,096.60 to $1,206.25.

Fees to build a 5,000-square-foot convenience store with a carwash would swell from $1,711.90 to $2,995.83.

Council members interviewed Tuesday said they support the increase.

"Growth should pay for itself, and that's a good place to start," said John Dingfelder.

"It's at least an attempt to keep the rest of the taxpayers from paying for something they're getting no benefit from," said Charlie Miranda.

Linda Saul-Sena said the increases will put the city's fees more in line with what is charged in other Florida cities and counties.

Tampa now has relatively low fees to build commercial projects when compared to other places, including Hillsborough, Pinellas and Pasco counties and St. Petersburg.

"We've been underpriced," Saul-Sena said.

But not everyone from the development arena is keen on the price increases.

Land use consultant Steve Michelini said the boost comes at "the worst possible economic time for the building and development community. It seems odd that you would want to raise the rates at a time when most builders are just struggling to get by."

Janet Zink, Times staff writer

Fast facts

How Tampa stacks up

Comparison of permit fees to build a 20-story condo tower

Sarasota: $135,422

Tampa: $39,263 (new fee)

St. Petersburg: $28,931

Seminar: County is behind the human services curve

BY PAT FAHERTY
SPECIAL TO THE STAR-BANNER

OCALA - A seminar by the Public Policy Institute provided a bleak snapshot of the county's human service needs and hinted at an even darker future.

But in addition to a dour outlook on meeting those needs, the session touched on a possible solution being used in other areas.

About 100 people turned out Tuesday for the institute's fall seminar: "Taking Care of Our Own: Planning for Future Human Service Needs in Marion County."

Keynote speaker Jack Levine set the tone by emphasizing the changing demographics that are driving demands.

Levine, founder of the 4Generations Institute, said that two-thirds of all the 75-year-olds who have ever been alive in the United States, are alive today. Plus, by the year 2030, the nation will have 1 million centenarians.

"If you think that today we have the diversity of services necessary to care for - safely and with dignified service - our elders, we don't. You're wrong," he said. "Let alone, where we will be in the next generation."

"We're going to have some challenges affording health care coverage and health care services," said Jeff Feller, of the WellFlorida Council. "In Marion County more than 35 percent of the population is below 200 percent of the federal poverty level."

Feller explained that figure represents a gross annual pretax income of $39,000 for a family of four for all expenses. And discretionary income often determines access to health care.

"In Marion County for 2006, 20.3 percent of the non-elderly population was uninsured," he said. "For every five people you see, one of them doesn't have [health] insurance. That's almost 48,000 people walking around without health care coverage."

Feller said the county's uninsured population is growing faster than its general population and 27.5 percent of all county residents are either uninsured or on Medicaid. While there are a lot of positive aspects about the health services offered, needs are going to far outstrip those services, he added.

"I have children in school who can't see the blackboard," said Scott Hackmyer, who was representing the Marion County Children's Alliance. "They're sitting there and they can't see the chalkboard because they have no way to get eyeglasses. They don't have the money or a parent who will take them there."

Hackmyer said, "It scares me that I hear that is the first generation not supposed to live longer than their previous generation, mainly due to wellness and obesity issues."

"I have a waiting list of children that I can send food home with so that they won't be hungry over the weekend," Hackmyer said. "There is something wrong when you talk wellness when I've got hungry children and I can't do anything."

He cited numerous programs that are making a difference with children, though adequate funding is a challenge for all of them.

"Where you put your attention is where you get your results." Hackmyer said. "It's time in my mind that we put our attention to our children."

Gail Cross, of Marion County Senior Services, shared a different perspective. "Today we have a waiting of list 354 people," she said. "We have an estimated 11,000 Alzheimer's victims in Marion County and one adult day-care center."

"The funding for our programs has been flat for close to six years," Cross said. "We are looking at those growth numbers and seeing this huge train coming at us that everybody is in denial about . . . As a community how are we going to take care of our own, how are we going to be able deal with these problems?"

One possible funding solution was presented by executive director Gay Lancaster and deputy director Browning Spence Jr. of the Juvenile Welfare Board Children's Service Council of Pinellas County. It became the nation's first county agency to use dedicated property tax revenue to fund health and human services for families and children.

It started with a half-mil referendum, then voters approved another half-mil. "It's a local decision," Spence said. "County commissioners must authorize going to a referendum. It's a political decision, and you have to treat it that way."

Eleven Florida counties now use special tax districts to fund family and children's services. Lancaster said Marion County also has the option of seeking an additional one-cent sales tax, with half of the revenue going to human services.

Business Groups Fire At Initiative

Skip directly to the full story.

Published: Oct 17, 2007

 

TAMPA - Terrified that voters may get the power to kill development projects, Florida business interests are unleashing an array of political weaponry to defeat the Hometown Democracy initiative.

A mass mailing from one opposition group alleged that the Hometown movement is a shadowy conspiracy fomented by out-of-state special interests called "electors," another name for voters.

Another group sent an e-mail last week that inserted a phony message onto a doctored photo of the Mons Venus strip club marquee, making it appear the club was offering free admission to Hometown backers.

The chicanery is drawing comparisons to the Watergate era.

"It's the dirty trick business just like [President] Nixon used," said Hometown supporter Robert Page of Islamorada.

Behind the tactics are two of Florida's most powerful pro-business groups, the Florida Chamber of Commerce and Associated Industries of Florida. The two groups have formed political committees that together have collected almost $840,000 in contributions from developers, Realtors and road builders.

Hometown Democracy would allow voters to approve or reject changes to county comprehensive growth plans. Supporters say the amendment is the only way to stop unrestrained growth.

Critics call it a "no-growth" amendment that would raise taxes and kill the state economy.

Business interests are employing a double-pronged strategy to keep Hometown Democracy off the November 2008 ballot. A chamber-backed political committee, Floridians for Smarter Growth, is circulating petitions for its own amendment that promises to control growth through popular referendums. The amendment imposes barriers, however, such as making residents who want to vote on a comp plan change go to the elections supervisor's office to sign a petition.

Proposed amendments to the state constitution must get petitions signed by 611,009 registered voters by Jan. 30 to get on the ballot. Michael Caputo, a longtime Republican operative who heads Floridians for Smarter Growth, would not say how many signatures the group has gathered.

"We're gathering signatures at the pace we need to make the ballot by January," Caputo said.

Palm Beach lawyer Lesley Black- ner, who co-founded the Hometown Democracy movement, said her group has collected more than 500,000 signatures, but only 331,000 have been verified by the Florida Department of Elections so far.

Save Our Constitution, a committee backed by Associated Industries of Florida, is using a state law passed this year that allows people to revoke their signatures on initiative petitions up to 150 days after they signed.

The group is sending revocation forms to people who signed the Hometown Democracy petition and following up with phone calls. The forms are filled out with the signer's name and only require a signature at the bottom. They come with a preaddressed envelope that can be mailed back to the Save Our Constitution group.

Hometown Democracy is challenging the constitutionality of the revocation law. The state Supreme Court is scheduled to hear arguments on the challenge Oct. 26.

'Special Interests' Of 'Electors'

John Thrasher, co-chairman of Save Our Constitution and a former speaker of the Florida House, wrote a letter accompanying the revocation forms saying passage of Hometown Democracy would raise taxes and utility bills.

Thrasher's letter also said the Hometown amendment would place land-use decisions in the hands of "special interests" called "electors." He failed to explain that an elector is the same thing as a voter.

Michael Aston, of Neptune Beach in Duval County, said he received Thrasher's letter plus two phone calls urging him to revoke his signature. He said he found both "distasteful."

"The phone call lent an air of urgency and importance that I had made a terrible mistake that was going to destroy Florida," Aston said. "It drives me crazy to have to base decisions on omissions and half-truths."

Thrasher defended the letter, saying it drew attention to the pitfalls of putting all land-use decisions to a popular vote.

"Our letter was intended to stir things up," he said. "It did that and it was intended to get people to take a second look. I don't make any apologies for that."

Thrasher declined to disclose how many voters have agreed to revoke their signatures.

Battling Amendments Cause Confusion

With two ballot petitions circulating the state, both promising better growth management, many voters are confused. Both sides accuse the other bullying and lying to get signatures.

Bev Griffiths, chairwoman of the Sierra Club's Tampa Bay Group, said a man approached her in Tampa International Airport and asked if she wanted to sign a petition "to save our parks and beaches."

Griffiths, a Hometown Democracy supporter, told people nearby the petition was "bogus."

"I said, 'Don't anybody sign it. It's not about parks and beaches; it's a petition promoted by the Chamber of Commerce,'" she said.

Caputo, who is being paid $10,000 a month to head the Smarter Growth committee, said he has received "constant complaints" about Hometown Democracy's petition collection methods.

In once case, he said, a man was told, incorrectly, that he was signing the Smarter Growth petition.

"We hope that Hometown Democracy would correct some of the misleading information," he said.

At times, the campaigns seem like they are battling over a student council seat instead of an amendment that could fundamentally change how business is conducted in the nation's fourth-largest state. Mudslinging abounds.

Caputo calls Hometown Democracy's financial backers a "creepy cabal" that includes Tampa strip club owner Joe Redner and Steve Rosen, a millionaire owner of a skin-care business and an animal rights activist.

Wednesday, Caputo sent out an e-mail "blast" featuring photos of Redner's Mons Venus. The message on the club's marquee reads, "Free Entry for Hometown Democracy Signature." Redner said his marquee has never displayed that message and that the e-mail must have been doctored.

"Are we going to be riding Joe Redner until election day? No, but he's part of that creepy cabal," Caputo said.

Blackner describes her business opponents as "liars," and delights she's rattling the rich and powerful.

"It's the first time in my life I've ever seen the developers scared," Blackner said. "I just have to enjoy it while it lasts."

Although it's not clear how many signatures Caputo's group has collected, Floridians for Smarter Growth is leading the money race. Figures posted this week with the state Division of Elections shows the group collected $706,925 during the most recent quarter. Most of the contributions ranged from $10,000 to $200,000 and came from developers, Realtors, road builders and big landowners.

Thrasher's group has collected $133,100.

Hometown Democracy raised $174,787, but showed a wider base of support with 260 contributions compared with 26 contributions for Floridians for Smarter Growth. Of the 260 contributions, 228 were for $100 or less. Rosen gave the most, $102,000, followed by Sierra Club chapters around the state, which gave a combined $41,209. Redner, who has given $35,000 to Hometown Democracy in past quarters, gave nothing this time.

Researcher Michael Messano contributed to this report. Reporter Mike Salinero can be reached at (813) 259-8303 or msalinero@tampatrib.com.

Today's Letters: Builders wield undue influence

By St. Pete Times LETTERS TO THE EDITOR
Published October 16, 2007

I read with great interest the article concerning a small group of developers and builders who met to discuss the replacement of the county attorney. They want, one attendee put it, to have a county attorney who would be friendlier to his interests.

I am of the opinion that the Pasco Builders Association would agree. What is the Pasco Builders Association? It is a group of builders, developers, planners and legal advisers; many do not live in Pasco County, nor do they have their main offices here. They have built many houses, made their profit and left the citizens of this county to foot the bill for roads, schools, parks, libraries and law enforcement.

We do not need a fox to watch the henhouse. We need to insure the continuity of the policies of the present county attorney and county administrator operating under the County Commission.

I have noted in past election years that the builders, developers, etc., are heavy contributors to the campaigns of some of our county commissioners. This board needs to know that it is the citizens who elect them, not the developers' dollars.

Wake up, taxpayers and let your commissioner know your feelings.

M.L. Phillips,Trinity

Rules must apply to developer too

Local developer Joe Borda, who has been the principal builder in the Gulf Harbors and Gulf Landings area for more then two decades, is again demanding that Pasco County allow him to have his way under what he and his attorney call vested rights.

Regardless of the fact that new rules, guidelines and laws have been introduced and upgraded in the effort to protect the community as a whole, Mr. Borda still thinks the rules need to be set aside as his attorney stated, that he should not be bound by height limits, rules governing wetlands, right of way, parking, landscaping, environmental studies or mandates for neighborhood parks.

This arrogant and pretentious man has, for all the 10 years I have known of him, shown contempt for the citizens of this area as well as the county of Pasco with his attitude that rules and laws need not be applied to him or to what he wants to do.

I would recommend that all citizens that can, attend the Oct. 23 commission meeting in New Port Richey. The intent would be to impress the commission to demand that all of today's rules be applied when it comes to Mr. Borda's intentions.

James W. Coakley,New Port Richey

Central Florida told to look elsewhere for water


BY FRED HIERS
STAR-BANNER

OCALA - More than a dozen water utility officials were packed Monday around a map of the Ocklawaha River like hungry relatives around a Thanksgiving dinner.

They met at Marion County's planning department to decide how to divvy up about 90 million gallons of water per day from the northerly flowing river.

But unlike last month, when representatives from several counties met to discuss the river's fate, there were some conspicuous absences.

That's because the St. Johns River Water Management District, the agency that oversees the project, told thirsty Orange, Seminole and Volusia counties to find water elsewhere.

"We started looking at the demand for water among the utilities and concluded not everyone could go to the Ocklawaha for water. There's just not enough there," said David Fisk, assistant executive director of the St. Johns River Water Management District.

He said several factors led the water management district to tell the three Central Florida counties that they would not be part of the Ocklawaha plan.

One reason was Florida's Local Sources First law. Utilities are required to first use the closest water sources available to them, including reclaimed water. For those counties, the St. Johns River is a more logical choice, Fisk said.

There also were problems getting "political and social consensus" for the project, he said.

One such problem arose when Marion County officials and residents began complaining to state legislators that an over-developed Central Florida shouldn't look to its northern neighbors for water.

The Ocklawaha River project is one of four along the St. Johns River now being considered. The Ocklawaha is one of many rivers, creeks and lakes that contribute to the St. Johns.

With Orange, Seminole and Volusia counties out of the picture, the remaining utilities eyeing the Ocklawaha during Monday's gathering were from Marion, Lake and Putnam counties. Lake and Putnam counties' claim to the river is that it flows or starts within their borders.

Marion County Commissioner Stan McClain, who opposes other counties dipping into the river, said the decision is only a half victory.

"I think they unloaded the 800-pound guerilla," McClain said, citing the three counties absent. "Did our saber rattling help? Yes, it helped some. It's a step in the right direction."

But, while fewer counties are slated to take water from the river, the amount being siphoned from the Ocklawaha would still be about the same.

The advantage to only three counties in the project is that it would simplify discussions about conservation and protecting the river, McClain said, but he also said that drawing 90 million gallons per day from the river is too much.

Water management officials said the river's flow varies between 225 million and 500 million gallons per day. They said their plan is to remove up to 90 million gallons daily only when the river's flow allows such siphoning.

But the district has yet to determine the river's minimum flow levels needed to sustain its surrounding environment. That information will be needed before construction of a new plant can begin.

Last year, area water districts decided water allocation levels would not increase after 2013 for Central Florida. And while Marion County isn't included on the list, Central Florida is looking north for water.

During the meeting, Marion County officials asked for 20 million gallons per day during the next two decades as its share of Ocklawaha River water.

McClain said the Ocklawaha is only a stop gap, though, for Marion, Lake and Putnam counties. He said the long-term solution to meeting water needs is conservation and desalination - taking salt out of water drawn from the Gulf of Mexico or the Atlantic Ocean.

Local environmental activist Guy Marwick said Monday that when the other counties bailed out of the plan to siphon Ocklawaha water, it was an indication the project was falling apart.

"Things are beginning to crumble. I think we're looking at the beginning of the end," Marwick said. "There is not the same veracity as before. They are beginning to feel the pressure."

And Florida's drought of the past few years continues to hurt the river, Marwick said, adding cypress trees are dying because their roots and underlying soil are exposed.

"They look like spiders doing pushups, and they'll fall over with the slightest breeze," Marwick said. "It's ludicrous to think you can take any water out of the river."

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

New Drawdown Request For Lake Istokpoga Being Considered

By Douglas Carman of Highlands Today

Published: October 16, 2007

LAKE PLACID — After last week's cut-off against water permit holders using Lake Istokpoga's water, the South Florida Water Management District is preparing a brand new drawdown request.

SFWMD spokeswoman Missie Barletto wrote a press release last week saying they were going to apply to the U.S. Army Corps of Engineers for a "temporary deviation to Lake Istokpoga's regulation schedule" to allow more water than usually permitted from the lake to supply farms and residents downstream.

In other words, Lake Istokpoga's water level could drop down if homes and farms need the water, although given the sluggish approval of the last drawdown request, it could be a few months before that happens.

"The District intends to file a new request to the Corps for a revised deviation, which may provide some relief for users whose withdrawal points are directly connected to the lake," Barletto said in the e-mailed release.

Dozens of homes and four other permit holders had their permits suspended while SFWMD moved forward with its plans. No details were released concerning the limit of the drawdown, and Barletto said Monday that she had no further information on the pending request.

The U.S. ACE approved a 36.5-foot drawdown limit earlier this year to supply the parched farms and residents with irrigation water in Glades County and southern Highlands county. While SFWMD requested a floor of 35.5 feet, US ACE decided in June that the conditions did not warrant that low a limit. The permit expired two months later, and rains to the south during that time kept SFWMD from releasing the water for water supplies.

Istokpoga's water level stood at an elevation of 38.47 feet Monday, which is a foot down from this point last year. Lake Okeechobee to the south was at 10.08 feet.

Dave Douglass, vice president of the lake watchdog group Save Our Source of Florida Lakes, anticipated the coming dry season would be much harder on the lake than the last one.

He said SOS-FL already contacted U.S. ACE and said they will take it to Gov. Charlie Crist to keep SFWMD from going below 36.5 feet, but he expects a much tougher fight this time around.

"You'll get to a point where you wonder which is more important, habitat or people," Douglass said.

Gary Albin, the owner of the Trails End Fishing Resort in Lorida and a board member of Friends of Istokpoga, said he and the rest of FOI were more prepared for this since SFWMD had contacted them through the process. The last drawdown request in March came as a surprise to Albin.

As for the pending drawdown request?

"It depends on what the wording is and what levels they are seeking," Albin said. "We have to wait and see."

Schenck faces a challenger
By TONY MARRERO lmarrero@hernandotoday.com
Published: Oct 15, 2007

BROOKSVILLE — Aaron Whitaker claims to know firsthand how growth can affect a community.

The 31-year-old was born in Lake Mary and said he saw that city swallowed up by the steady march of Orlando’s sprawl.

Now Whitaker lives in Royal Highlands and is running for the District 44 seat of the House of Representatives to help prevent the same thing from happening here.

“I want to do what I can to help this area retain its identity,” Whitaker said.

Rep. Rob Schenck, a Spring Hill Republican and former Hernando County commissioner, was elected to the District 44 seat in 2006.

Whitaker said he is unimpressed with the amount of legislation that Schenck has authored since then. He also acknowledged that Schenck has more experience but added, “I’m not replacing somebody who’s been in the seat 25 years. I think somebody who has a deep love of Florida and wants to do right by Floridians can overcome Rob’s experience.”

“I think authoring and co-authoring the largest tax rollback in the history of Florida is pretty substantial,” Schenck said in response Monday, referring to a bill he proposed last session that would have rolled back ad valorem rates to 1994 levels to bring uniformity to the Save Our Homes amendment.

The bill didn’t pass, but Schenck said he is re-introducing it. He also has worked on legislation that addresses the inequities in the property appraisal process that Whitaker addressed.

Schenck said Whitaker’s announcement “really doesn’t change anything” when it comes to his plan. He’s already started campaigning and fundraising and “will continue to provide property tax relief and cost of living relief to Florida citizens.”

Al Hernandez, Hernando’s state committeeman for the Democratic Party, said of Whitaker: “I think he has the passion and the drive and certainly the intelligence to get in there and do the job. I’m going to help him every way I can.”

Whitaker said he filed papers with the state Division of Elections Wednesday. A spoke-sman for the division confirmed the filing yesterday.

District 44 includes most of Hernando and parts of Pasco, Lake and Sumter counties. Whitaker formerly owned a business that specialized in providing insurance enrollment support to companies. A self-described “techie,” he said he currently works full-time providing technical support for the Hernando school district’s exceptional student education program.

He said he is currently working toward an associate’s degree in management information systems from Pasco-Hernando Community College. Whitaker moved to Hernando County eight years ago because his in-laws lived in Hudson. He and his wife Lori have three young children.

The political novice, who calls himself “a centrist and more of a Carter Democrat than a Clinton Democrat,” is already uttering the “m” word.

He said it’s time that public officials start thinking seriously about a temporary moratorium on residential development to give infrastructure the chance to catch up with the demand.

There is more support for the idea than many think, he said, and so it’s worth fighting for.

“Are we playing to a market where we have investors come in and build homes that are immediately put up for rent or are we marketing to retirees and families who want to come here and contribute to the community,” he said. “Right now we have a several large developments in the works and we don’t have the backbone — the roads, the schools, the fire and police protection — to support it.”

While Whitaker said he wants to help craft legislation that would “completely revamp” the home appraisal process to help ease the property tax burden. He also said he would ask for justification for ad valorem tax breaks for corporations.

Even more important is the need to readdress the rising cost of property insurance, he said.

Considering the ongoing drought and the geological impact that comes with it, doing away with sinkhole coverage “is a very dangerous game in this county,” he said.

Whitaker said his desire to pass legislation limiting the kind of automobiles teenagers may drive has only increased with the recent spate of accidents in the Bay area resulting in deaths. The legislation would put a limit on the amount of horsepower in a vehicle that a teenager may drive.

Reporter Tony Marrero can be contacted at 352-544-5286.

Focus: Keep area roads clear

Agency touts mass transit to prevent gridlock

By Julian Pecquet

DEMOCRAT STAFF WRITER            

Big Bend officials embraced a regional approach to growth and development Monday as the best chance to avoid a future full of traffic jams.

Their suggestions came during the annual retreat of the Capital Region Transportation Planning Agency, which includes elected officials from Leon, Gadsden and Wakulla counties.

Until recently, the agency had mainly served as a conduit for federal and state funds for road projects. Commissioners now want to pay more attention to bus service, bicycling and pedestrian options and better planning and design so future developments don't clog major roads.

Torrio Osborne, a business consultant from Tallahassee who attended the meeting, applauded the new direction.

"This is a first step," he said. "Thank gosh they're doing this today. If they continue with the old way they've been doing things, they're going to be gridlocked, and it's going to have an impact on their tax revenues."

The region's economic future was a major part of Monday's discussions, which centered on how to create a vision for growth that preserves the area's environment and way of life while avoiding sprawl.

Suggestions included reviewing developments to see if they're transit-friendly and creating a multi-jurisdictional discussion for developments that may cross county lines.

The hope, said Harry Reed, the agency's executive director, is that "developers will spend less money on lawyers to get permits and spend that money on design."

That regional approach will be tested during the drafting of the long-term transportation plan for 2035, beginning in July. Under state law, the long-term plan must be completed by 2010.

Contact reporter Julian Pecquet at (850) 599-2307 or jjpecquet@tallahassee.com.

Settlement Clears Controversial Development

By Suzie Schottelkotte
The Ledger

Bartow reporter
Dept.: East Polk News
(863) 533-9070
suzie.schottelkotte@theledger.com

BARTOW | A legal battle between the city of Bartow and a Lakeland developer wanting to build a controversial 835-lot development in northwest Bartow is over.

Lawyers for the two sides signed a settlement agreement late Monday afternoon that gave the developer unconditional approval to develop the 272-acre site. For its part, the developer agreed to drop its pending appeal challenging the city's previous denial of the project and not to pursue a separate $9.24 million lawsuit, representing the firm's loss if zoning hadn't been approved.

The agreement, though, doesn't impact related litigation involving a citizens' petition seeking to halt the project. A citizens group, the Enough Already Committee, collected more than 2,200 signatures to force a voter referendum that could overturn the zoning decision.

"While Highland Cassidy is encouraged to have reached an amicable settlement with the city of Bartow," Lakeland lawyer Ted Weeks IV wrote in his letter to the city, "it recognizes that there is a group of individuals who seek to repeal the ordinance or otherwise restrict Highland Cassidy's development and property rights. Notwithstanding the same, Highland Cassidy shall continue to vigorously and aggressively defend and protect the Wind Meadows South parcel from any future acts which seek to inordinately burden, deprive, limit or otherwise restrict its final vested rights."

After the Enough Already Committee submitted its petition to the city, Highland Cassidy filed a lawsuit seeking to halt the validation of the signatures, saying the petition violated a state law that prevented petitions and referendums in zoning actions like this one. Chief Circuit Judge David Langford ordered the city to halt the count last week until the issue could be argued in court.

That action aside, the developer can move ahead with plans to begin construction.

Interim City Attorney Sean Parker said after Monday night's commission meeting that he was encouraged by Highland Cassidy's agreement to settle the lawsuit.

"I think this shows that they are more interested in moving forward with their development than in playing legal games," he said.

The agreement ends litigation that started about a year ago, when the City Commission denied Highland Cassidy's zoning proposal for a second time.

The developer took its appeal to Polk County Circuit Court, asking the court to review the city's decision to ensure that commissioners followed their own rules.

Last summer, Highland Cassidy agreed to drop the lawsuit if the City Commission would reconsider the zoning request. But the developers said they wouldn't sign off on the settlement until the zoning was approved and the 30-day period in which to appeal passed without a challenge.

That 30 days ended Oct. 4 without an appeal from nearby residents. Bartow lawyer John Frost II, a resident of E.F. Griffin Road and the Enough Already group's legal counsel, declined comment on why they didn't appeal.

"This solidifies the city's approval," Weeks said. "This means that Bartow is saying we have a property right to develop that site as a mixed use planned development."

Highland Cassidy wants to build 835 single-family houses on the E.F. Griffin Road property, along with a clubhouse, recreation facilities and 76 acres of open space. Longtime residents in that area argue that the development stands in sharp contrast to their rural neighborhood, and the additional residents will clog the area's schools and roads.

Deltona approves town-house plan

By SARA KIESLER
Staff Writer

DELTONA -- Wearing little yellow buttons that read "ill-conceived and poorly-planned," about 15 residents came out to City Hall on Monday night to protest town homes being built near their rural property.

"The town-house concept is entirely too invasive," said Mike Sisler, a resident of Collins Road near the development. "I don't believe you can put another unit on that site. There's no parking on the streets, and there's nothing but windows, doorways and driveways all across the front.

But the City Commission voted 4-3 to rezone 100 acres that will allow 218 single-family homes and 128 townhomes along Doyle Road.

Commissioner David Santiago led argument for the project by going through the residents' complaints and saying only their concern for traffic along State Road 415 was valid. He urged commissioners not to vote it down based on their feelings because the rezoning was a quasi-judicial hearing, or an ordinance where the commission steps out of creating policy and into a judicial role where they weigh the good of the community.

Santiago said the discussion shouldn't focus on whether residents want the project in their backyards or whether like it. "That shouldn't play a factor," he said.

Representatives of Terry Hagen Property Consultants told the commission they including many amenities, such as adding a 20-foot landscape buffer, a stoplight at Doyle Road and S.R. 415 as well as 2.5 miles of sewer extension.

A lawyer for the developer objected to the suggestion of a wall from an opposing resident Lori Warnicke that she hoped would keep residents of the town homes from crossing into lakes and woods near her home because he said it would "not allow critters to roam as they roam today."

The developer had proposed another 70 acres of development, but tabled it until Dec. 3 to further meet with the landowners upset with the concept of putting 154 town homes and 63 single-family homes near their backyards.

City officials see the town homes as a way to provide options to families that can't afford or don't want to live in the single-family homes that blanket Deltona. But in the end, the residents were disappointed in the commissioner for their district, Michael Carmolingo, who voted for the development, and in the outcome. Mayor Dennis Mulder, Vice Mayor Bill Harvey and Commissioner Janet Deyette voted against the development.

The issue is up for final approval at the commission meeting Nov. 5.

"We did all we can do," Sisler said. "They already had their minds made up."

 

Allstate Reaps Financial Benefit Of Limiting Risk

By DAVE CARPENTER, The Associated Press

Published: October 16, 2007

 

CHICAGO - When a series of killer hurricanes walloped the Gulf Coast in 2005, costing Allstate Corp. a record quarterly loss of $1.55 billion, the company tried to make sure its bottom line would never be hit so hard again.

The nation's largest publicly traded personal-lines insurer pulled back aggressively from areas susceptible to expensive storms. It did not renew many homeowners' policies. It dramatically increased its own insurance, or reinsurance.

Two years later, despite the continuing risk of a consumer and regulatory backlash, the strategy is paying off: Allstate, which reports third-quarter earnings Wednesday, is on a pace to exceed last year's record annual profit of $5 billion.

Not only has the company reduced its exposure to catastrophic events, it is benefiting from a calculated shift away from the riskier homeowners' business into the increasingly profitable auto line. Automobile insurance now accounts for 67 percent of its property-liability premiums and more than double the revenue from homeowners.

'Allstate has come a long way in becoming more sophisticated in understanding the risks that it underwrites, and it's had very, very good financial results because of that,' said Donald Light, an analyst at research and consulting firm Celent. 'They've clearly made a management judgment that they'll take the lumps that they have to take, public relations-wise, in order to insulate themselves from the shock losses.'

'Why Are They So Risk-Averse?'

Criticism has been harsh.

The Consumer Federation of America says the Northbrook, Ill.-based company favors investors at the expense of consumers and has engaged in price gouging.

'It's OK to make a profit, but they are ripping people off,' said J. Robert Hunter, the consumer group's insurance director. 'Why are they so risk-averse? If they're not going to take on risk, what do we need insurance companies for?'

Allstate declined to make an executive available for this story, citing the mandated quiet period before its earnings announcement. But the company has been very public, if not blunt, about its intentions.

Less than two months after Hurricane Katrina devastated the Louisiana and Mississippi coasts and four weeks after Rita struck along the Texas-Louisiana border, Allstate executives told analysts the more than $3 billion in catastrophe losses in the third quarter of 2005 were 'unacceptable.'

'We will continue to take our homeowners' coverage and exposure down because we have no moral or legal obligation to provide this kind of coverage to people,' current CEO Thomas Wilson, then president and chief operating officer, said on an Oct. 20, 2005, conference call.

That strategy accelerated with Katrina but it reflects a more hard-nosed approach toward pricing that began years earlier.

Insurer Seeks 41.9% Rate Increase

The insurance industry began re-examining its pricing after Hurricane Andrew devastated Florida in 1992. Allstate developed a sophisticated new underwriting and pricing system that it began using in 2000 to manage its risk better and minimize losses.

The company boosted homeowners' rates by double digits for the next two years to revive a line that had suffered losses, and big increases continue in select coastal states today. Allstate Floridian Insurance Co., for example, is asking regulators for a 41.9 percent rate increase, and some premiums in other states along the Gulf Coast have doubled or tripled since 2005.

Allstate also has shed hundreds of thousands of homeowner policies by nonrenewal in Florida and taken a similar approach in other coastal states.

Banc of America Securities analyst Alain Karaoglan said in a research note last week that heavy exposure to catastrophes in its homeowners' business has long been Allstate's Achilles' heel.

He applauded the company's increased pricing discipline, reflecting the prevailing view on Wall Street.

'It's purely model-driven, it's purely risk-driven - it's not like they hate Florida or anything,' Morningstar analyst Matt Nellans said. 'What people don't see is that for 10 years they were writing underpriced insurance and nobody complained about that.'

Watchdog: Is sludge habit a hazard

By NATHAN CRABBE
Sun staff writer

ARCHER - A male goat that developed udders has become a symbol of concerns about waste being spread on a southwest Alachua County farm.

Gainesville Regional Utilities has spread sewage sludge on Roger Williams' farm for 26 years. A byproduct of the process to treat human waste, sludge is used as a fertilizer for crops.

GRU is now trying to buy the property, but new regulations mean the utility needs a special permit to continue spreading sludge there. The County Planning Commission will hold a hearing Wednesday on the issue.

County health officials support granting the permit, saying the site poses no apparent health risks. But neighbors say they're concerned that sludge is contaminating their wells and dust from the dried sludge is being blown onto their properties.

Neighbors base some of their concerns on mysterious ailments and problems with their livestock, including the goat's development of female parts.

"When you put all these things together, it begins to look suspicious," said John Biro, a University of Florida philosophy professor who lives near the site.

Experts say the goat's changes and human health problems could be caused by factors unrelated to the site.

Utility officials say they plan to create setbacks of 75 feet from property lines and will conduct monitoring to ensure pollutants aren't contaminating groundwater.

But a growing list of health concerns has led to questions about using sludge as a fertilizer. A handful of European countries have banned the land application of sludge, and some U.S. municipalities have imposed restrictions.

The Cornell Waste Management Institute at Cornell University has documented 163 health incidents that citizens have associated with sludge applications. The incidents include respiratory distress, gastrointestinal problems and staph infections, said Ellen Z. Harrison, director of the institute.

She said sludge application regulations are based on the assumptions that pollutants are trapped in soil before reaching groundwater and do not travel through the air. But anecdotal evidence and emerging research suggest otherwise, she said.

"If I lived near a site, I would be concerned about airborne contaminants," she said. "And I'd certainly be concerned if I had a well nearby." The sludge site is just east of the Alachua/Levy county line on Archer Road. Roger Williams initially bought the 1,200-acre farm to dispose of chicken manure.

He reached an agreement with GRU in 1981 to also put sludge on the site. He said the farm had sandy soils that are poor for farming, but the applications improved the ability to grow crops.

Sludge, which utilities prefer to call by the public-relations term biosolids, can fall in two classes. Class A has been treated to remove all bacteria and viruses, while Class B can contain detectable levels of pathogens.

GRU spreads Class B sludge on the Williams farm. The state restricts public access to such sites and imposes waiting periods before crops can be harvested.

In the past, GRU put sludge on several sites around Gainesville. But the Williams farm presented advantages because groundwater is 30 feet below the surface and there are no nearby water bodies, reducing concerns of polluting water, according to utility officials.

Williams said he's getting older - he's 72 - so he agreed to sell the farm to GRU. The Gainesville City Commission voted in June to buy the site for $11.5 million over the next four years, if all necessary permits are first obtained.

GRU presented the city with two other options for its sludge-disposal operations. It could treat and dry sludge to a level where it could be sold as fertilizer, or sludge could be used as a fuel to produce energy.

Utility officials said the first option was more costly and there's a glut of such fertilizer on the market, meaning the utility might still need the farm to dispose of the material.

They said the second option would require an unproven technology. But they said the choice of the Williams farm doesn't permanently lock them into the site.

"We can continue land applications indefinitely (but) it doesn't mean we'll be doing land applications forever," said David Richardson, GRU's assistant general manager for water and wastewater systems.

He said the utility's purchase of the site could reduce the level of some pollutants in groundwater. GRU plans to do mostly hay farming on the site, he said, which would reduce the need for artificial fertilizer.

New land-use regulations, implemented in 2006, mean the utility needs a special-exception permit to continue spreading sludge on the site.

The Planning Commission will consider the permit Wednesday, while the full County Commission would need to give final approval at a later date.

Biro, who has lived on a nearby property since 1995, said the process allows neighbors to air long-standing concerns.

"We have been concerned about this practice for years, but we didn't think there was much we could do about it," he said. Neighbors say heavy winds can blow residue from the dusty site onto their properties. They say these dust clouds coincide with health problems such as nausea, dizziness and flu-like symptoms.

There's been anecdotal evidence that people living near sludge sites are getting sick, said Jordan Pecchia, an assistant professor of environmental engineering at Yale University.

While bacteria and viruses had been thought to be killed in the air, Pecchia is studying whether pathogens or metals can be airborne. He said the research is ongoing and the issue is unresolved.

"There's not a huge amount of evidence that it's affected human health, but there's a lot of uncertainty," he said.

Groundwater is another concern. The farm is located in a part of the county where residents rely on wells and where sandy soils and a lack of a solid barrier between the surface and the groundwater can allow contaminants to enter the aquifer.

The county Health Department has tested 18 wells on and around the farm. The tests found nitrate levels exceeding state drinking-water standards in one well on the farm and another just east of the property, said Anthony Dennis, the county's assistant director for environmental health.

While nitrates help plants grow, they can cause human health problems such as a blood disorder in infants. One of the wells with high nitrate levels isn't being used, and the owner of the other well is being offered a water filter under a state water-quality program, Dennis said.

He said follow-up testing is being done to determine whether those wells and others east of the farm have high level of metals or other contaminants.

Biro and other concerned neighbors live to the west of the farm. Dennis said tests suggest groundwater is flowing in the opposite direction, meaning the area where most residents live is not at risk.

"Given the data we've collected and reviewed to this point, we do not feel there's a significant risk to citizens living around the site," he said. But neighbors aren't convinced. Biro said his horses have had problems reproducing and his wife has experienced headaches and nausea.

His groundwater has shown high levels of uranium and arsenic. Health officials say the contaminants likely occur naturally in his soil and they are doing follow-up testing to see whether a filter on the well is removing them.

Jose Sifontes is an environmental consultant who owns a property near the sludge site where he keeps several goats. He said a billy goat last year developed udders that produce milk.

"He is the father of all these goats, but he developed udders," he said.

Click here to view more photographs of the goat at Jose Sifontes Farm.

Chris DeCubellis, a neighbor who works as an animal-science extension officer in Gilchrist County, said he worries that residents and hospitals are contributing pharmaceuticals to sludge. Drugs such as birth-control pills could have caused the change to the goat, he said.

"All that stuff goes down the drain," he said.

Male goats have been known to develop udders on sites where sludge is not an issue, said Owen Rae, chief of the UF College of Veterinary Medicine's food animal reproduction and medicine section.

He said goats can experience the phenomenon if fed or exposed to estrogen. He said one possible explanation is clovers containing chemicals that have the same effects as estrogen.

GRU officials say the waste-treatment process removes all but trace amounts of pharmaceuticals and personal-care products that can act as hormone disrupters.

But Harrison, of Cornell's waste institute, said a study of sheep reared on sludge treated pastures found evidence of hormonal disruption.

"It's not insane to think that feminization of animals is an issue," she said.

Patricia Cline, a risk-assessment expert with CH2M Hill, working with GRU, said such chemicals are incredibly complex. A complete diagnosis would be needed to connect to problems with human or animal health, she said.

"It's hard to link them with what we know is in the solids," she said.

But Biro said he doesn't have the money to fully investigate the problem. GRU should be responsible for proving the site is safe, he said.

"It's a sad day when a citizen has to prove he should be protected," he said.

Nathan Crabbe can be reached at 352-338-3176 or crabben@gville sun.com.

Don't Allow Managers, Utilities To Drown Local Source Water Law

The Tampa Tribune

Published: October 14, 2007

In Florida, drinking water can be a volatile liquid.

In the 1980s, overpumping at drinking water wellfields prompted 'water wars' among Pinellas, Hillsborough and Pasco counties. North Florida residents continue to fret that urban counties will try to tap their springs and rivers. And state government has spent years battling Georgia and Alabama in court over shared water resources, including the Chattahoochee River.

A 1998 Florida law sought to douse local water-supply conflicts by requiring counties to fully tap their own resources and devise other local sources before looking to other areas for water. It's appropriately known as 'local sources first.'

But in rapidly growing Central Florida, some water managers and utilities don't seem to understand the concept.

Led by the St. Johns River Water Management District, they are eyeing water sources many miles away to satisfy their communities' needs for more drinking water. Their aggressive moves are violating the spirit of the law and could easily ignite another round of water wars.

Although no projects have been approved, a couple of outrageous proposals have been proposed.

One is to pipe water from Lake Rousseau and the Withlacoochee River west of Ocala - where Marion, Citrus and Levy counties meet - southeast to other counties.

Another pipedream that seems to be picking up much more steam is to pump water from the Ocklawaha River at State Road 40 near Ocala more than 100 miles southeast to the Orlando area.

The St. Johns River, which flows from Indian River County north to Jacksonville and into the Atlantic Ocean, also is being eyed as a water source for Orlando and other central Florida communities - a prospect some biologists say could adversely affect the river near Jacksonville.

Citrus and Marion residents and Withlacoochee Regional Water Supply Authority officials, among others, are rightly worried about these possible raids. They may need their water sources to meet the needs of their own communities, and the law clearly states that an area's current and future water needs are paramount in applying 'local sources first.'

Unquestionably, tapping more surface water from rivers and lakes is a necessity. Florida must continue to move away from excessive groundwater pumping that dries up wetlands and prevents the underground aquifer from being replenished.

But communities that have failed to control growth and plan for future water needs shouldn't be allowed to siphon water from other regions. Such a practice allows them to escape the true costs of growth while compromising the resources of the 'donor' community.

Florida Public Service Commissioner Nancy Argenziano, a former state senator who was a key author of the local sources law, says the St. Johns district, which covers part or all of 18 counties from Northeast Florida south to Indian River, has 'gotten lazy,' and she's right.

As an example of success, she points to the Tampa Bay area. The Southwest Florida Water Management District and Tampa Bay Water, a regional water utility that serves Pinellas, Pasco and Hillsborough, have partnered in the development of a wide range of water-supply sources, including desalination and a massive reservoir, to reduce dependency on groundwater.

In contrast, St. Johns is behind the curve. It refuses to immediately pursue desalination, which, under local sources first, must be considered before water transfers can be allowed.

District officials argue that desalination is expensive, which is true. Still, cost is not a good reason for raiding water from another region. Tampa Bay Water has faced numerous problems with its desalination plant, which cost more than $100 million, but the technology works and the plant is producing drinking water.

The Legislature hasn't done communities that need more drinking water any favors, either, with its latest round of budget cuts. Lawmakers sliced $60 million previously allocated to develop alternative water supplies and fund other water-related programs.

Conservation also must be addressed before authorizing transfers. On that measure, St. Johns flunks. District residents are allowed to irrigate their lawns twice a week. Tampa Bay residents are limited to one day a week.

Water is a state resource, and transporting it from rural counties to urban ones may sometimes be an appropriate strategy. But, as Argenziano says, strict criteria must be followed first. And the environment and welfare of donor counties also must be protected.

St. Johns and eager utilities are looking for an easy way to avoid paying the price of poor growth policies. State officials should make sure these pipedreams never get past the discussion stage.

Extending protection around the Myakka River

By BILL HUTCHINSON

bill.hutchinson@heraldtribune.com
The nearly 40-year effort to guarantee a "wild and scenic" future for the Myakka River resumes this week.

Public hearings are set on plans to extend existing state protection from Sarasota to Manatee and Charlotte counties, both of which have resisted such moves in the past.

Typically for conflicts over environmental protection, the dividing issue is property rights. Residential and commercial landowners on and near the shallow, scenic 66-mile river fear that any state protection automatically means regulation.

In the case of the Wild and Scenic River designation the Legislature granted in 1985 to the 34-mile midsection of the Myakka, the title comes with little in the way of regulation not already covered by state and federal statutes.

But, as has been demonstrated in Sarasota County, the Wild and Scenic designation can become an intermediate step to more aggressive protections, and that is enough to rekindle old opposition.

"I expect it to be a squeeze, but I think the juice is worth the effort," said state Sen. Mike Bennett, R-Bradenton, one of the sponsors of legislation that could effectively double the length of the Myakka under special state stewardship.

"If you're going to provide meaningful protection for a river, you have to protect the river, not just a piece of it," said state Rep. Keith Fitzgerald, D-Sarasota, who first proposed expanded protection in the House in 2006 and then enlisted Bennett's support.

A moss-hung Old Florida waterway that nourishes an unusually rich diversity of plant, animal and bird life, the Myakka was considered for a place on the first national list of Wild and Scenic Rivers in 1968.

But a federal evaluation committee eventually shied away because of opposition in all three counties, especially the farmers and ranchers and developers and phosphate miners of Manatee, who feared that the protected designation would encroach on their property rights.

In 1985, after a generation of failed attempts to get some special protection for the Myakka, then Sen. Bob Johnson, R-Sarasota, managed to push through a Wild and Scenic River bill by restricting its coverage to the Sarasota County length of the river.

Even into the 21st century, subsequent attempts to bring Manatee County into the Wild and Scenic fold met with continued resistance.

While those concerns still exist, some long-time river partisans see evidence of a softening in traditional resistance.

"We've had pretty good support in Manatee County thus far," said Jono Miller, chairman of the advisory body created by the Legislature in 1986 to oversee management of the Wild and Scenic Myakka.

The current county commission has endorsed the Fitzgerald-Bennett effort to extend protection northward.

And phosphate interests have indicated a willingness to at least discuss how they would be affected by an expansion of the protection zone.

"I think they would like to be in a position to support it," said Miller, who has met with executives at Mosaic, the phosphate producer with processing facilities on one of the Myakka's principal feeder streams.

"I am optimistic," he said.

So is Bennett, who nonetheless anticipates "a lot of opposition" to surface at either end of the Myakka.

"The important thing is to keep talking. That's what we hope happens out of these hearings: Sit down, tell me your concerns and let's see what we can all do to work things out."

Bennett's support for extending protections of the Myakka is especially significant because he is not usually associated with environmental causes.

He has supported a move to remove the manatee from the state's endangered species list, and dismisses an anti-growth mentality he characterizes as "bananas -- build absolutely nothing almost nowhere anytime soon."

Expanding protection of the Myakka, he said, is a reasonable goal that can be accomplished while also accommodating private property rights. "In this case," he said, "I believe we can have it both ways."

Ironically, opposition to the Wild and Scenic designation has risen to the south as it may have declined to the north.

Charlotte County bowed out of the Wild and Scenic campaign originally because so much riverfront land had been platted into small lots with individual owners that county administrators were daunted by the task of tracking each down individually.

Twenty years later, much of the land along the Charlotte part of the river has been acquired by the state or other public entity.

But two homeowners associations in particular have registered vehement opposition to bringing protection into their area.

"If you folks in Sarasota want to do all that, fine," says Dennis Curtis, president of the South Gulf Cove Homeowners Association. "But leave us out of it."

Along with its sister association in nearby Gulf Cove, Curtis' group dominated a town meeting on the Fitzgerald-Bennett initiative held last June by state Rep. Mike Grant.

"We just don't see the need for it," said Curtis. "One more layer of bureaucracy to tell us what we can and cannot do -- no thanks."

Specifically, Curtis and his boater neighbors are concerned that extending the designation will mean extending the no-wake zone along the Myakka, which ends at the U.S. 41 bridge, and eventual restrictions on building and repairing docks.

Fitzgerald points out that the Legislature has asked for a report by the Myakka River Management Coordinating Council, which includes representatives from all three counties through which the river runs. "We're very early in the process here," he said.

And even if the Legislature eventually approves extending the Wild and Scenic designation, there would still be a great deal of work required to make the action meaningful.

It took Sarasota County more than 10 years to pass laws establishing slow speed zones and a protected 220-foot buffer at either side of the river, the foundations of the county's efforts to protect the Myakka as the centerpiece of an enormous swath of green space known as "Myakka Island."

"When people believe their property rights are under attack, passions become inflamed and reality goes out the window," said Fitzgerald.

"I respect the people and their opinions," he said, "but I have to respectfully submit that in this case they are misinformed."

In any case, Fitzgerald sees the endorsement of Manatee County as the crucial aspect of the current effort.

"If the people of Charlotte County absolutely don't want this to happen, then we can simply exclude Charlotte County, which I think would be a mistake, but the Manatee portion is more important."

"Manatee," agreed Bennett, "is the key."

There remains opposition to broadening the Wild and Scenic designation because of the unknowns of how the legislation may affect use of the river, said Jono Miller.

While describing himself as "sympathetic," Miller said, "if you follow that line of thinking, nobody would ever get married because they wouldn't go on the first date."


St. Johns marsh project to create new lake

By JIM WAYMER
FLORIDA TODAY

The U.S. Army Corps of Engineers broke ground today on a $10.2 million, two-year project to reflood about 14,000-acres of marsh.

The project is going to create 4,000 to 5,000 acres of an open water lake, measuring about 3-to-6 feet deep — equivalent to the size of Lake Washington in Melbourne.

U.S. Rep. Dave Weldon, R-Indialantic, joined about 40 people at the groundbreaking. He said the project was going to be a benefit for generations to come.

“It’s also going to be a recreational resource,” Weldon said. “I’m excited about getting this final phase under way. I’m told it will be the best bass fishing in the United States.” He added to laughter: “No guarantees.”

The project culminates a 20-year restoration of the St. Johns River’s upper basin to its pre-farm glory.

Bass fisherman Leroy Wright, president of SAVE St. Johns River, motioned to the large dried out marsh and said: “There’s going to be great fishing here.”

He fought for years to get the project completed. A parking lot area was created in the late 1990s, but the project stalled when the water management district decided to expand the size of the reflooded marshes.

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

The project stretches from U.S. 192 in Melbourne south through Indian River County.

CSX To Submit Application In December

By Tom Palmer

Write an email to Tom Palmer

WINTER HAVEN | CSX officials plan to submit an application for approval of their Winter Haven freight terminal in mid-December, a consultant for the railroad said Monday.

The announcement came during the first of two pre-application meetings for the controversial project.

The application for approval of a development of regional impact will go to the Central Florida Regional Planning Council, which will review the 318-acre project and make recommendations to the Winter Haven City Commission, which has the authority to grant final approval.

Pat Steed, the council’s executive director, said the agency is opening a Web site — csxdri@cfrpc.org — to take comments on the project and will post documents related to the project on the council’s main Web site, which is www.cfrpc.org.

North Port grappling with history of poor planning, study says

By PATRICK WHITTLE

patrick.whittle@heraldtribune.com
NORTH PORT -- Sarasota County's fastest-growing city is a place where low housing prices attract young families, but a lack of employment opportunities encourages them to leave.

North Port's man-made canals made it possible to build where drainage is a challenge, but the waterways also block emergency routes and make firefighting difficult. And the city has more than 500 miles of roads in need of repair.

A new study by a local academic traces those problems, and many others, to a lack of foresight by North Port's now-defunct developer, General Development Corp.

Jono Miller, who directs the environmental studies program at New College of Florida, did the study for a graduate program course that required him to write the story of a Florida community.

He found the perfect subject 35 miles south of the New College campus, in North Port, a place where the costs of rapid population growth and outdated urban planning are left on the shoulders of 50,000 residents.

The study, titled "Depressed Roads and Draining Canals," focuses on how developer General Development Corp. saddled the community with inadequate roads and drainage.

Miller's project describes North Port as place where "past mistakes that looked like solutions at the time ... now require increasingly expensive solutions."

Miller says most of the blame falls with the Mackle brothers, General Development Corp.'s owners, not today's city officials.

Steve Crowell, North Port's city manager, said the city "still has impacts from GDC, good and bad."

Miller's project suggests the GDC legacy is mostly bad.

The developer paid $2.5 million in 1954 for 80,000 acres that became North Port and Port Charlotte. North Port became a separate city in 1959.

Miller traces North Port's development back to the Mackle brothers' sale.

His study faults GDC for planning North Port without a town center or downtown. And while GDC platted hundreds of building lots, the developer did not leave enough room to adequately widen roads.

Today, services such as garbage collection lag behind, but residents and officials routinely oppose "catch-up fees," Miller said.

Miller said GDC's lack of planning is one of the reasons North Port's economy has been almost entirely dependent on single-family home construction. The cool housing market has hit the city hard. North Port issued building permits for 12 new homes in August, the lowest monthly total in five years.

"Most North Port residents weren't alive when the core decisions that affect their quality of life were made," Miller's study states. "It is a vast social experiment with citizens as the subjects."

Miller, 55, has worked at New College for more than 25 years. He is working toward a master's degree in Florida studies at the University of South Florida.

Miller said he became fascinated with the way cities grow during his childhood in 1950s New Jersey, a place where what he calls "post-war suburban 'Leave it to Beaver' sprawl" was all the rage.

Miller said he decided to study North Port's growth because of his belief "that communities have personalities and the personalities may stem from the people people that live there. But they may equally stem from how they are laid out, the environment, the planning."

He added: "Darwin had the Galapagos. North Port seemed like the perfect place to test that premise."

No new landfill in the works

By Jeff Burlew
DEMOCRAT STAFF WRITER

Leon County's landfill for construction and demolition debris on Apalachee Parkway is slowly but surely filling up, and commissioners will eventually have to decide what to do with it.

Opening a new landfill for the trash is out of the question, partly because of strong neighborhood opposition that would undoubtedly come with trying to site it, said Norm Thomas, the county's director of solid waste. Also, the county, which has had to cut its budget because of property-tax legislation, doesn't have the money to build one.

Last week, commissioners approved a request for information from businesses that might be interested in helping to recycle, ship or otherwise get rid of the Class III waste, which includes lumber, old furniture and packaging materials.

"It's sort of a blanket request for as much information as we can get," Thomas said.

Options include building a processing and recycling facility or a transfer station, where it would be prepped for shipment elsewhere. The cost could be several million dollars, Thomas said. If either of the facilities were built, it would likely be located on the landfill property. Another option is simply shipping it to a nearby landfill.

Jason Mayhann, whose house is in the Lake Heritage neighborhood across the street from the landfill, wants to see the solid-waste operation shuttered.

"It would definitely help the property values to move it all out," said Mayhann, a business owner whose house is on the picturesque lake.

Jesse Adkins, who also lives in the neighborhood, said the air quality has improved greatly since the landfill began burning off smelly gases. But he still wants to see the facility closed and replaced with a park.

"It would improve not just this neighborhood but the whole area," he said during a recent jog.

The county has built two ball fields on the landfill property, but plans for a full-blown park have been shelved for now because of budget constraints.

The landfill will run out of space for the trash by 2015. The amount of Class III trash at the landfill has dropped from 83,436 tons in 2005 to an estimated 77,321 tons in 2008. The cost to drop it off increased Oct. 1 from $34 a ton to $36.

Household garbage is no longer buried at the landfill - it goes to the transfer station on Gum Road, where it is loaded onto trucks and shipped to a regional Waste Management landfill in Jackson County.

Closing the landfill anytime soon isn't in the cards, unless commissioners decide to do so, Thomas said. Processing Class III waste will have to happen somewhere.

"Why create a similar situation somewhere else?" he asked. "It just makes sense to keep doing it here."

Contact reporter Jeff Burlew at (850) 599-2180 or jburlew@tallahassee.com.
See Tallahassee.com for photo gallery
Class III trash
2005: 83,436 tons
2008 estimate: 77,321 tons
Yard trash
2005: 9,575 tons
2008 estimate: 9,239 tons
Tires
2005: 348 tons
2008 estimate: 471 tons
Appliances
2005: 1,562 tons
2008 estimate: 1,830
Electronic waste
2005: 340 tons
2008 estimate: 504 tons

Pasco Rejects Ruling To Rethink Coyote Crossing Limits

By JULIA FERRANTE The Tampa Tribune

Published: Oct 14, 2007

HUDSON - In a 3-2 vote last week, Pasco County commissioners rejected a special magistrate's ruling that they should reconsider strict building limits at the Coyote Crossing development in west Pasco.

On the recommendation of Chief Assistant County Attorney Barbara Wilhite, the board took no action, leaving the developer to take the case to court or live with a five-house cap on the 18.81-acre property.

"We've reviewed it from a legal perspective," Wilhite said. "While the magistrate finds the [commission decision] unreasonable, the circuit court will look at whether there was substantial competent evidence or due process."

Magistrate Richard E. Davis issued an order in September, at the request of Coyote Crossing LLC, that petitioned the county commission to increase a cap on the property from five to 14 houses. A previous owner had agreed to the five-house limit in 2005.

Davis said in his ruling the board's refusal to increase the cap was based on previous conditions at Coyote Road and Kitten Trail and that "a fundamental premise" of the 2005 decision imposing the five-house cap has changed. When the cap was approved, Davis said, a developer would have been able to build access roads from each house. That is no longer allowed under Pasco's comprehensive growth plan.

Alex Mourtakos, one of the partners in Coyote Crossing, said after the meeting he will ask the circuit court to review the commission's decision.

"Absolutely, emphatically, I think this is a large case about property rights," he said. "This five-unit cap was placed, and then the rules changed."

County Commissioner Jack Mariano, who represents Hudson, has argued the proposal is incompatible with the neighborhood. The developer and others dispute that, saying the property is designated for as many as 54 houses but was limited by the 2005 cap.

Pasco planning staff initially recommended against lifting the cap. The planning commission suggested a 10-unit cap. The county commission voted 3-2 to keep the limit of five.

Commissioner Pat Mulieri, who was among those opposed to increasing the cap, has argued that the developers should have known there were limits on the property.

"A business person was aware it was on there. It was clear as can be," she said at a meeting at the historic Pasco County Courthouse in Dade City.

Mourtakos said outside the meeting that although he was provided paperwork about development rights on the land, he did not read it carefully and missed the information about the five-unit cap.

"We didn't know about it, and if you want to take every Bible in this courthouse, I'll put my hand on it," he said. "There is an insinuation we had discussions about it."

Shelly May Johnson, an attorney for Coyote Crossing, said the oversight was an honest mistake.

"Commissioner Mariano asked for documents to be pulled that show the owner should have known," she said. "Nobody ever said the documents were not sent. &hellip They didn't read the stuff. They missed it, and they're human."

Commissioner Michael Cox and Commission Chairwoman Ann Hildebrand questioned why the board would not reconsider evidence based on the magistrate's recommendation. They were in the minority of commissioners, however.

"I think if the property owner takes this case to court, we're going to be ordered to rehear the case," he said.

Hildebrand said if the case goes to court it could have repercussions for adjacent neighbors.

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


Parrish power plant's use of oil irks activists

BY CHRISTOPHER O'DONNELL

PARRISH -- Built in the mid-1970s, the two tall, red-and-white striped chimneys at Florida Power & Light's Manatee plant are a landmark in Parrish.

It is a picture that is usually accompanied by thick plumes of smoke.

FPL has 18 power stations dotted around the state, but almost one-third of the oil FPL uses to produce power is burned at the Manatee County facility.

Even though FPL has significantly lowered pollution levels, the plant on State Road 62 was still the dirtiest in the company's empire last year, pumping tons of greenhouse gases into the skies of Manatee County and neighboring areas.

That has made the plant a target for local environmentalists who want FPL to install clean-air technology and to burn more natural gas, a cleaner-burning fuel.

If not, FPL should shut down the aging power plant, they say.

The Manatee plant's two original units were designed to burn oil.

Several years ago, FPL retrofitted the twin units so they can also burn natural gas, leading environmentalists to hope that natural gas would become the favored fuel there.

So far this year, however, the plant has burned twice as much oil as natural gas.

"These two units were built in the 1970s," said Clarence Troxell, a former executive for a New Jersey utility and member of the Manatee Clean Air Coalition. "They're 30 years old and they should be retired."

FPL is limited in its choice of fuel, as it is legally required to favor the fuel that will give the public the lowest utility bills, said spokesman Mel Klein.

The company says it has spent heavily to significantly reduce pollution levels, which are well within legal limits. Retrofitting an older plant with new clean-air technology is often not economically viable, officials say.

"It's very easy to say, 'Are you putting dollars over health?'" Klein said. "We are trying to make the best choices for our customers."

The chief pollutants from burning oil are sulfur dioxide and nitrogen oxide, both of which can contribute to respiratory illnesses, according to the Environmental Protection Agency.

Nitrogen oxide also contributes to acid rain and is carried long distances by winds.

Both contaminants are greenhouse gases, which some scientists believe contribute to global warming.

The oil FPL burned at the Manatee facility in 2006 produced almost 13,000 tons of sulfur dioxide and almost 6,000 tons of nitrogen oxide, according to Florida Department of Environmental Protection figures.

But FPL has been successful in reducing pollution levels. It added a third unit that burns only natural gas. The company also recently spent $30 million installing "reburn" technology in the original two units to reduce nitrogen oxide emissions.

Statewide, FPL is also making plans to produce more power from other sources. The company is developing a natural gas plant in Palm Beach County and adding a new nuclear power unit at its Turkey Point plant south of Miami.

Yet the reductions in pollution levels have failed to satisfy environmentalists, including Troxell, who lives in Parrish.

Among other measures, Troxell would like to see FPL install scrubbers, a system that injects a slurry to scrub out sulphur dioxide.

The process, typically used at coal plants, reduces emissions of sulphur dioxide by between 70 and 90 percent, said Dave Zell, an engineering specialist with the DEP's air division.

But retrofitting an older plant for scrubbers is always more expensive than including them in a new plant, Zell said.

FPL's ballpark estimate for installing scrubbers at Manatee is $300 million per unit, Klein said.

"Somebody has to make a balanced decision on cost and question whether $300 million is really a sensible economic decision on behalf of customers," Klein said.

Troxell's response is that FPL plans to spend $4 billion on other capital projects in the next five years.

"The reason they don't want to do it is that scrubbers don't earn money," Troxell said.

Agency maps area's future
Transportation retreat set for today

By Julian Pecquet
DEMOCRAT STAFF WRITERAs the Big Bend region continues to attract new residents, what should be done to get that growing population from Point A to Point B?

More roads? More extensive bus service? Maybe a light-rail system?

Those are the questions the area's transportation planners will be asking themselves today during their annual retreat.

"Growth is becoming a big issue, and the implications of this for transportation are tremendous," said Harry Reed, the Capital Region Transportation Planning Agency's executive director. "What we hope to do is set a direction for the future."

The agency covers Leon and parts of Gadsden and Wakulla counties. Its annual retreat is scheduled from 9 a.m. to 4 p.m. at the Wakulla Springs Lodge.

The meeting is open to everyone, but commissioners won't be taking input from the public.

It comes at a time when road planners have increasingly been talking about regional approaches to dealing with traffic.

"Transportation knows no boundaries," Reed said. "We're all inter-related."

To underscore that approach, the agency has been considering inviting Jefferson County to become a member. County Coordinator Roy Schleicher said Jefferson County wants to be a part of the regional discussion as more people move to the area.

"We need to be getting ready for it," Schleicher said, "or we'll be sorry."

Contact reporter Julian Pecquet at (850) 599-2307 or jjpecquet@tallahassee.com

'Everglades Still Losing' Water Battle, Author Says

By Tom Palmer
The Ledger

Environment Reporter
Dept.: Metro Desk
(863) 802-7535
tom.palmer@theledger.com

LAKELAND | Development is the greatest danger to the restoration of what's left of the Everglades, author and journalist Michael Grunwald told a crowd during a lecture at Florida Southern College on Thursday evening.

"If you pave it over, it will be hard to fix," said Grunwald, author of the 2006 award-winning book "The Swamp: The Everglades, Florida and the Politics of Paradise.''

Grunwald, a senior correspondent for Time magazine, summarized the evolution of attitudes toward the Everglades, a natural system that once stretched from Orlando to the Florida Keys.

For most of Florida's history, the Everglades was regarded as either a place to avoid or a place in need of "improvement," which leaders in earlier generations predicted would involve nothing more than a simple drainage project that could make the land productive.

That view was modified over time but survived, resulting in contradictory actions regarding the Everglades.

Grunwald explained how former U.S. Sen. Spessard Holland from Bartow was responsible for both the establishment of Everglades National Park and for the establishment of the Central and Southern Flood Control District (the predecessor of the South Florida Water Management District), which drained much of South Florida through a 2,000-mile network of canals and deprived the park of some of the water it needed.

"In the battle over water, the Everglades is still losing," Grunwald said.

"When you're wrong, you're wrong," he said repeatedly as he cataloged the misperceptions about the Everglades.

Despite earlier beliefs that it was a worthless, swampy wasteland, the Everglades was in fact a rich, productive natural area important to the region's water supplies and an entire range of wildlife, from elegant wading birds to the elusive Florida panther.

"If we lose the Everglades, we could lose South Florida's economy," he said.

Grunwald said the situation would have been worse had it not been for an environmental awakening in the 1960s that transformed the political discussion and led political leaders like Gov. Claude Kirk and President Richard Nixon, neither of whom was known for strong environmental feelings, to kill plans for a massive jetport in the heart of the Everglades, to protect places like Biscayne Bay and to insist on better pollution-control regulations.

Grunwald said the politics, after some backsliding, is changing again and he said he's optimistic that Everglades restoration efforts will continue.

He said a major problem has been the politics of the decision-making.

Grunwald singled out former U.S. Sen. Bob Graham, who began pushing for Everglades restoration in the 1980s when he was Florida's governor.

"Bob Graham believed you had to have complete consensus," he said, but explained that shifted the focus from what's good for the Everglades to trying to satisfy sugar growers, developers, limerock miners and other influential groups.

Grunwald agrees with environmentalists that the Everglades is a test.

"It's a test of our willingness to restrain ourselves and to share the resources with other creatures," he said. "If we pass the test, we may get to keep the planet."

[ Tom Palmer can be reached at 863-802-7535 or tom.palmer@theledger.com. Read more views on the environment at http://environment.theledger.com. ]

Wekiva Parkway: Preservation vs. Progress

Residents, state clash over changes to C.R. 46A

Wrong decision 'would be tragic'

Jay Hamburg

Sentinel Staff Writer

October 12, 2007

The stakes are high in the war over where to put a one-mile stretch of county road in east Lake County that would feed the planned Wekiva Parkway.

The reconfigured path of County Road 46A could change the fate of the pristine Seminole State Forest or that of the owners of million-dollar homes in nearby Heathrow Country Estates.

Each side of the debate knows that in fast-growing Florida, new roads nearly always mean two things: More businesses and homes for those who want to come here and less pristine land for those already living here.

And with Florida beginning to turn to private investor groups to build new roads and tunnels, projects such as C.R. 46A could jump to the head of the line. Right now, the road isn't scheduled to get state funding for 10 to 15 years.

Either way, residents know a big decision looms this month.

"You can't live here without dealing with it," said Pam Jennelle, executive director of the East Lake County Chamber of Commerce. "There's definitely a debate between the desire to see this community grow and the desire to preserve what makes this area special. If the wrong decision is made, it would be tragic."

The issue gets further magnified because C.R. 46A will act as a feeder route for the Wekiva Parkway -- the last piece in the decadeslong plan for a beltway around Central Florida.

"It's not just our lifestyle that we want to protect," said Bill Smalley, who lives in Heathrow Country Estates. "It's the whole area that we're looking to preserve."

Smalley, who is helping to lead a group of worried residents in the upscale gated community, said the state's preferred route for C.R. 46A will bring noise, exhaust fumes and rampant development near the homes they bought to escape such problems.

Smalley said the road should be pushed farther east -- closer to the edge of the Seminole State Forest. At one time, the state considered routes through the forest.

But if the new road is built along the western edge of the forest, Smalley said the state could find environmentally responsible ways to build it. Putting the road on the edge of protected land, he maintains, would ensure against further development.

What makes this fight more unusual is that the land beside Heathrow Country Estates -- where the state would like to put the new C.R. 46A -- belongs to a landowner noted for his pro-environmental stands to protect the area and its wildlife, including black bears.

Scott Taylor said he offered to sell a strip of his land to the state so the road wouldn't have to go through the state forest. "Our great fear was that the other [alternatives] would be a killing field for bears," he said.

During the past seven years, Taylor took part in several environmental battles. He helped fight off Duke Energy's plan to put a power plant in the area and battled to help preserve the Wekiva River Basin.

But he failed to block development of his closest neighbor -- Heathrow Country Estates. He argued that Red Tail Golf Course and the approximately 320 homes violated state guidelines for maintaining the rural lifestyle in the Wekiva area.

That's the same argument Heathrow Country Estates homeowners are using to try to push the road farther from them.

Taylor said he has no plans to develop his land even if a new four-lane C.R. 46A eventually runs between his property and the Heathrow community. He said that he will build a buffer of trees and earthen mounds on his land to lessen the impact of a new road.

Taylor, a former corporate banker from New York, owns about 440 acres in the area where he grows citrus and raises miniature horses. He and his wife have had their home for about 10 years.

There is no estimate yet on the cost of buying right of way from Taylor. But Taylor said his main interest is finding a way to preserve the environment and his solitude. "I just want to be left alone," he said.

But Smalley said that even if Taylor does not develop his land, he could sell it to someone who would.

Charles Lee, advocacy director for Audubon of Florida, supports the alignment that would put the road on the dividing line between Taylor and Heathrow.

That's also the state's preferred route, in part because it would take traffic off the current C.R. 46A configuration that runs along the northern edge of the forest. That part of the road will close when the new spur is built.

The East Lake Chamber of Commerce plans to sponsor an open discussion about the issue Oct. 22. That meeting becomes especially important because the Lake County Commission has decided to revisit the issue of where to put the highway Oct. 23.

In August, the commission voted 4-1 to support the alternative that would place the road on the Heathrow-Taylor line. But Smalley complained that the other Heathrow Country Estates homeowners were not properly notified of the meeting. The commission found it had not sent e-mails to all those leading the homeowners' fight, said Jim Stivender Jr., public-works director for Lake County, and agreed to discuss the road again.

Although the Lake County Commission does not have the final say on where the road goes, the state wants to have the support of local governments before embarking on the project.

There will be state-sponsored public hearings on the entire Wekiva Parkway project in January. The parkway, too, is at least a decade from getting state funds.

One thing is for sure, said state Rep. Alan Hays, R-Umatilla, who favors the beltway but hasn't taken a position on where to put C.R. 46A: "It's highly unlikely that everybody will be happy."

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

County OKs plan changes to add about 2,500 homes

BY CHRISTOPHER CURRY
STAR-BANNER

OCALA - A lot of the neighbors were none too pleased as the Marion County Commission approved sizable residential developments southwest of Belleview along County Road 484 and north of Ocala, near U.S. 27.

During a marathon land-use change meeting that stretched on for more than 10 hours, commissioners approved 12 of the 13 applications for residential development that came before them, although few passed in unanimous votes. Combined, the approvals could mean about 2,500 residences. The lone application voted down would have allowed 125 homes southeast of Belleview, close to the intersection of County Road 25A and County Road 25.

The major approvals included a project Heath Brook developers Richard and Scott Siemens have planned southwest of Belleview, along CR 484 and one the Castro family has planned next to the family's Golden Hills Turf and Country Club. Each met with plenty of opposition from neighboring residents, although no one living in Golden Hills objected to the Castros plans.

On the north side of CR 484, about a half-mile east of County Road 475, the Siemens got approval for 523 homes on 359 acres of farm land.

During negotiations with the county, they agreed to trade development rights on 472 vested lots in the Ocala Ranchettes subdivision near the rural northeast area of Orange Springs. Commissioner Andy Kesselring said the trade would benefit the county's effort to stop development on tens of thousands of vested lots in secluded areas with poor infrastructure.

That didn't appease some of the folks who worked or lived in the large farms near the property.

"They wouldn't be giving you these lots if they were worth anything to them," said Rosie Moreno-Jones, who leases a nearby farm.

There was also concern about potential environmental harm and groundwater pollution because sinkholes and two caves are on the property.

The Siemens' land-use attorney, David MacKay, said the area around the caves would be protected.

The application, for a subdivision called Golden Oaks, passed 4-1, with Commissioner Jim Payton voting no. Payton said that, with thousands of vested lots already in the nearby Belleview Heights Estates, "good public policy tells me we need some lots out there about as bad as we need a toothache."

The Castro family received land-use change approval for 790 homes on 396 acres along Northwest 90th Avenue between U.S. 27 and Northwest 63rd Street. The property is north and west of Golden Hills. Owners of nearby farms raised concerns about flooding in the area, the dangerous intersection of U.S. 27 and Northwest 90th Avenue and the loss of rural land in the area. The application passed 3-2, with Kesselring and Charlie Stone voting no.

The Castros also plan to trade development rights from other properties to cover a portion of the project. Their land-use attorney Steve Gray said almost 120 acres of the property would be kept undeveloped for conservation and a nearby 78-acre piece along U.S. 27 would have one home for every 10 acres to preserve green space.

As the meeting went on, several members of the public who spoke grew frustrated with the number of applications being approved. One issue loomed over everything - future water supplies.

Norma Perdue, of Dunnellon, said that, on one hand, county commissioners argued the other areas of Central Florida eyeing the Ocklawaha River in Marion for drinking water supplies were overdeveloped but, on the other hand, they approved almost every development coming before them Thursday.

Christopher Curry may be reached at chris.curry@starbanner.com or 352-867-4115.
Fort White sets new rules for how town will manage growth

By Ronald Dupont Jr.

Herald Editor

 

FORT WHITE – As growth migrates from Alachua and High Springs to Fort White, the town is ready, its elected officials said Monday after approving an historical overhaul of its long-range growth plan.

 

Building many homes on agricultural land just got tougher, concrete batch plants have been banned and protecting sinkholes and the aquifer has become a priority.

 

Those are some of the changes the Fort White Town Council made to its Comprehensive Plan, commonly referred to as the Comp Plan.

 

“If developers had come our way, we were not prepared to deal with it,” said Bill Eldridge, chairman of the town's Planning and Zoning Board. “But we're now ready. We're now ready to deal with the future.”

 

The modernization of the city's Comp Plan was led by Town Planner Laura Dedenbach.

 

“We've had quite a lot of development interest in Fort White,” she said.

 

One of the most significant changes to the Comp Plan was in changing the number of homes allowed on agricultural land. Under the old plan, a “density” of one home per acre was allowed. Under the new plan, the density is lessened to one home per 2.5 acres.

 

The exception to the rule, however, is in “cluster subdivisions,” where a developer can build at a higher density but must leave most of the land as open space, putting the homes into smaller lots and leaving much of the land open.

 

In a trend emerging in small cities, Fort White also gave approval to 2-story buildings in commercial districts – buildings where the business is run on the first floor and a home is on the second floor.

 

The city also moved forward with prohibiting “heavy industrial uses, such as concrete batch plants, asphalt batch plants, mining activities and the processing of raw materials.”

 

A Downtown District

 

The Comp Plan also establishes a “downtown district,” which includes the three blocks north and south of U.S. 27 and the two blocks east and west of State Road 47.

 

Similar to districts set aside in High Springs, Newberry and Alachua, the district provides an area of focus for the town to give special attention.

 

Such downtown districts also become eligible for various grants that enable people to improve their homes or businesses and grants that can be used for infrastructure improvement.

 

Dedenbach said that anyone living in the district or owning a business there shouldn't be alarmed by the new zoning designation.

 

“It doesn't mean that they can't continue to live in their house or operate their business,” she said.

 

Fate of two proposed water bottling plants in jeopardy

By Rachael Anne Ryals

Herald Staff Writer

 

Recent events may stop two proposed water bottling plants from being built on the Santa Fe River.

 

A water use permit that would have paved the way for a bottled water plant has been denied by a water district governing board, and a special exemption to build a water bottling plant in Columbia County has been withdrawn by the applicant.

 

Water Permit Denied

 

The water use permit was denied due to incomplete information, an official with the district said.

 

Jon Dinges, department director for the Water Resources Department at the Suwannee River Water Management District, said that the denial of a permit due to incomplete information is fairly uncommon.

 

But the denial comes with a provision that allows the applicant to reapply at any time without prejudice, Dinges said.

 

Mark Wray, of the July Springs Water Company, missed the deadline to provide information to the district concerning land ownership rights.

 

 

The water use permit that Wray was seeking was for July Springs, a spring located near Ginnie Springs. Wray was requesting to withdraw up to 600,000 gallons of water a day.

 

The original application filed with the waster district said the water would be used for a 7-day-a-week, year-round water bottling facility.

 

Water Bottling Plant Application Withdrawn

 

Another potential water bottling facility also has been postponed.

 

Columbia County officials said that Stephen Cheeseman of Santa Fe Springs LLC has withdrawn his request for a special exemption to build a water bottling facility in Columbia County.

 

A water use permit modified in 2005 allows Cheeseman to withdraw up to 150,000 gallons of water a day but required that a water bottling facility be built within two years.

 

However, a letter of intent to build a facility was received by the district last month, giving Cheeseman another two years to build that facility before his water use permit could become void, Dinges said.

 

While the water district issues water use permits, the right to actually build water bottling facilities are subject to approval by the county commissions.

 

Cheeseman has postponed his application to the county once before, said Columbia County Planner Brian Kepner.

 

Group Believes Efforts Worked

 

A local group opposed to water bottling plants, Our Santa Fe River, has spoken out at city, county and water district meetings in opposition to the plants that they say cause pollution and noise and harm the health of the river.

 

The group believes that pressure from local citizens who told officials they did not want water bottling facilities in the area is responsible for Cheeseman's delay.

Commissioner seeks desalination plant

 

 

By Terry Witt

County Commissioner Gary Bartell sent a letter to Progress Energy Florida President Jeff Lyash Tuesday inviting company officials to discuss the potential for co-locating a seawater desalination plant on company property north of Crystal River.

Lyash probably won?t respond until after Tuesday of next week when the company settles into a more normal routine following the unexpected death of Progress Energy Chief Executive Officer Robert McGehee Sunday while on company business in London. McGehee, 64, died of a stroke.

Company spokesman Buddy Eller said Progress Energy has an interest in water issues.

"Obviously water is very important to the company, especially since we?re planning two nuclear power plants in Levy County," Eller said. "We're always open to talking to folks about options, but I can?t say more until we huddle with our people."

The letter comes at a time when the Withlacoochee Regional Water Supply Authority, of which Bartell and Commissioners Dennis Damato and Joyce Valentino are board members, is developing a regional water supply plan.

Bartell mentioned in his letter that one of the alternative water supply sources on the authority's preliminary list is a seawater desalination plant co-located on Progress Energy property north of Crystal River.

"We would very much appreciate a meeting to discuss your company?s interest in such a venture," Bartell wrote. "Since our regional water supply plan is well into its development and slated for adoption sometime this coming year by the Southwest Florida Water Management District, we would welcome the opportunity to discuss these topics with the appropriate representatives of your company in the near future."

This is not the first time Bartell has approached the company about the idea of building a desalination plant north of Crystal River, he said. Several years ago, he said he talked to the top Florida Power official in the state about the co-location idea. At the time, he said the company had just lost a bid to build a desalination plant in the Tampa area and the company indicated it would entertain his idea of co-location, but someone else would have to build and operate the plant, Bartell said.

He said he later talked to former Progress Energy Florida president Bill Habermeyer about the concept of co-locating a desalination plant at the Crystal River site, and he indicated he would be willing to talk to county officials. Lyash replaced Habermeyer.

Bartell said he wants to avoid a water crisis by discussing alternative water supplies well before the problem develops. He said desalination is one of many alternatives for lessening withdrawals from the aquifer. Two other possibilities, he said, are to impose conservation rates to encourage lower water use by consumers and build sewer treatment plant reuse facilities for irrigation purposes.

He said Dave Moore, executive director of the water district, is scheduled to address the county commission in two weeks about the need for better enforcement of watering restrictions, the use of conservation rates, consumptive use permits and other water related issues. Bartell said he will advocate getting tougher on enforcement of water use violations. The county currently has no formal enforcement program.

A decision on what size desalination plant would be constructed probably won't be discussed until after the Southwest Florida Water Management District completes its minimum flows and levels study of local water bodies. Only then will the regional water supply authority know how much water will be needed in the future, Bartell said.

THE BIG SLOWDOWN

Orlando-area home resales hit lowest level since 1999

Jerry W. Jackson

Sentinel Staff Writer

October 12, 2007

 Resales of homes and condos in the Orlando area had their worst month in more than 8 1/2 years in September, when they fell 55 percent from a year earlier.

It was the worst year-over-year percentage plunge in sales so far in 2007, and the worst on record going back at least a dozen years. And it occurred despite falling prices and concerted efforts by local Realtors to move buyers and sellers to the closing table.

Orlando Regional Realtor Association members said the 6 percent dip in the median sales price last month -- compared with a year ago -- is bad news for sellers. But it's helpful for buyers, they said, making homes more affordable and offering at least some hope for a revival of existing-home sales.

Only 924 homes were sold in September by Orlando Realtors in their core market, the fewest resales since January 1999. By comparison, sales in September 2005 -- near the market's record-setting peak -- totaled 2,964. A year ago, 2,054 homes changed hands in the core market, which consists mainly of Orange and Seminole counties but includes some deals in surrounding counties.

Realtors are feeling the pressure to scrape by on "crumbs" until the market picks up again, said David DeLoach, broker-owner of DeLoach Real Estate in St. Cloud.

"I've still got my lights on -- I just paid the light bill," DeLoach said Thursday. "We're just trying to make it through this. We're not expecting it to last, because there is pent-up demand from buyers. I know that."

Many buyers, he said, tell him and other Realtors that they don't want to buy a home too soon and "miss out" should prices continue to decline.

"But it's like the stock market," DeLoach said. "You don't know if you are buying at the bottom. If you need to buy [a home], stop trying to time the market. That's what I tell people."

Some industry specialists say the industry's dark days are a long way from over. The slowdown in home sales -- both resales and new homes -- could take another year or more to play itself out.

"Florida's housing market is badly out of balance," said Steven Cochrane, senior managing director of Moody's Economy .com, a consulting-and-research company.

Cochrane said supply and demand are still too far apart -- too much supply chasing too little demand from population growth, investor interest and other factors. Cochrane said this week during an Orlando forecasting conference that it may take until the middle of 2009 for Florida's housing markets to bottom out, even though the rest of the country may see improvement sooner.

September's median home-sales price of $235,000, forced down by anemic demand, is the lowest for Orlando's core resale market since May 2005. Lower prices make homes more affordable, however, and that should help the moribund market revive, the Orlando Realtors group said Thursday in its monthly report.

The number of homes listed for sale in the core market was also stable in September, another positive sign. There were actually three fewer properties in September's listing -- 26,310 -- than there had been in August's record-high inventory.

Still, the sharp drop in sales meant the area was left with an eye-popping, 28.47-month supply of available homes, meaning it would take more than two years to sell all the single-family dwellings and condominiums in the Realtors' listing at September's tepid pace.

By contrast, at the height of the local market a little more than two years ago, the Realtors' listing amounted to less than a two-month supply of homes.

John Fridlington, executive vice president of the Florida Association of Realtors, said the housing slump presents an unusual set of circumstances that is testing the industry's staying power -- particularly among new agencies and sales people who have never experienced a down cycle.

"It just takes time," Fridlington said. The Orlando-based trade association, with more than 100,000 members statewide, does not have the power to turn the market around.

"No one does," he said.

Fridlington said the industry's pain has been deep and, for many, career-ending. But for the survivors, new challenges will eventually arise to erase memories of this falloff from historic highs.

"We could have 18 percent interest rates," he said, referring to the record-setting mortgage rates seen in the early 1980s. "We survived that before. We can survive. We just don't always know exactly how."

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

Magistrate to hear developer's request

BY REBECCA ADAMUS
FLORIDA TODAY

VIERA – A hearing will take place at 10 a.m. Wednesday in Building C of the county government center where a special magistrate will hear property owner Alan Zajdel’s request for an amendment to the comprehensive plan.

In July Brevard County commissioners voted 5-0 not to send Zajdel’s proposed comprehensive plan amendment to the state.

Zajdel owns 13 acres just east of the Ulumay Wildlife Sanctuary. The amendment would have changed the land use to allow one home per acre. Most of the land is designated for private conservation, allowing one home per 10 acres.

More than 15 neighborhood residents and environmentalists spoke at the July meeting against the amendment, arguing the conservation land should be kept that way to preserve wildlife habitat, water quality and flood management.

Study says impact fee increases not needed

New report contradicts school growth figures

Brad Buck

Staff Writer

LEESBURG - Growth in Lake County not only pays for itself but adds to the county budget, a new study by an Orlando-based consultant shows.

The study was done by Fishkind and Associates Inc. for Citizens for Better Government LLC.

This latest study tries to rebut a report by Redmond, Wash.-based Henderson Young and Co., impact fee consultants for the Lake County School Board. That report recommends increasing school impact fees by more than 100 percent on homes.

School board members and district staff contend they need higher impact fees because they have no other revenue sources to pay for the many school facilities Lake must build to keep up with residential growth.

But the Fishkind analysis asserts that over the next 20 years, beginning in 2008, new growth will bring in $444 million more than the cost to Lake County. Based on the consultant's findings, growth in Lake County pays for itself, and then some, said a news release from the citizens group which opposes the impact fee increases.

Citizens for Better Government thinks new growth after 2008 - together with prior growth - will contribute more than $500 million in surplus revenue in Lake County.

"Growth is the catalyst for revenues that are paying for roads, schools, libraries, cultural amenities and parks in Lake County," the news release said. "Furthermore, this study finds that current impact fee levels are more than adequate to meet the needs of Lake County with regard to schools and roads."

During the last four months, several Lake County politicians have said that study after study indicate growth does not pay for itself, a news release Thursday said. They include Lake County Commissioner Linda Stewart and school board members Jimmy Conner and Cindy Barrow.

"The rhetoric each of these politicians spewed had no material backup to support it," the news release said.

So, Citizens for Better Government commissioned the study to see if growth pays for itself.

Henry Fishkind, leader of Fishkind and Associates, was once an economics professor at the University of Florida and director of UF's forecasting program.

Based on the Fishkind study, Citizens for Better Government thinks that better financial controls by the county - along with surplus tax revenues from growth - are grounds for further lowering property taxes as well as not increasing impact fees.

In addition, the group thinks all new school construction should be put to referendum.

Henderson Young and Co. have proposed raising school impact fees by the following amounts:

n $14,646, for single-family homes, up from $7,055, a figure approved in 2004.

n $8,843 for multi-family homes, up from $4,260 in 2004.

n $5,183 for mobile homes, up from $2,497 in 2004.

When schools opened in August, several were already are bursting at the seams. Just under 40,000 students are enrolled in the county's schools a number that is projected to reach 46,000 by 2010.

Board members say these figures buttress their argument for higher impact fees.

The county commission will decide whether to raise school impact fees and, if so, by how much. Before the proposed school impact fee increase goes to the county commission, the county's Impact Fee Review Committee will consider the higher fees Oct. 18.

Condo builder wins land rift

An arbitrator rules that Opus South is the owner of property the city said it owned.

By MIKE DONILA and WILL VAN SANT, Times Staff Writers
Published October 12, 2007

CLEARWATER - The building can stay.

An arbitrator Thursday decided a 25-story waterfront tower was built on land owned by a Tampa developer - not public property.

But Opus South, the developer of the 153-unit Water's Edge condo and retail project, still must pay the city $450,000 not to appeal the decision.

Clearwater might have technically lost their legal claim on the property, but city leaders are smiling.

"I think we are all winners because we want to see the project move forward," Mayor Frank Hibbard said. "Nobody benefits from seeing that project entangled."

At issue was a small piece of property with some potentially huge consequences.

This spring, Water's Edge officials discovered that part of their $100-million project overlooking the harbor may have been built on a strip of publicly-owned land about 20 feet wide.

If this happened elsewhere in the city, then Clearwater leaders could sell the developer the land for its appraised value.

But this was waterfront property, where voters have the last say. The City Charter requires a referendum on any sale of city-owned property west of Osceola Avenue between Drew and Pierce streets. The disputed strip is in this area.

If the arbitrator, retired Pinellas-Pasco Circuit Judge James Case, had ruled the city owned the land, Clearwater officials said they still would have tried to sell it to the developer.

But a majority of voters would have to sign off on the sale. If they didn't, Water's Edge would have been faced with the prospect of tearing down the nearly complete high-rise.

City leaders didn't want that. They've long championed the project, saying it will lure new residents downtown and revitalize the area.

Ed Armstrong, a Clearwater attorney representing Water's Edge, said he and his client were gratified by the decision. He said the project will help stimulate the local economy when it is finished in next summer.

"We're pleased," Armstrong said. "I think it's going to help a lot. It's a great thing."

The issue arose last spring when the Pinellas County Property Appraiser's Office told Water's Edge the western edge of the tower may have been built on a strip owned by the city.

To settle the matter quickly, Water's Edge in July sued the city in Pinellas-Pasco circuit court. In the suit, the developer asked a judge to affirm that it owns the disputed strip.

The builder and the city also agreed that if Opus won the ruling, it would pay the city $450,000 in exchange for a promise not to appeal the decision.

In fall 2005, Water's Edge paid $15-million to Calvary Baptist Church for its downtown campus, which included the disputed strip.

The issue of ownership was confusing because various deeds and city resolutions approved in the mid and late 1950s contradict each other.

In the early 1960s, Calvary took out a mortgage on the property and didn't list the strip as part of its land. Also complicating the matter: everyone involved in the initial resolution and deed transfers is dead.

Assistant city attorney Richard Hull, who handled the case, said it was the kind of strange and complex scenario put before first-year law students to dissect.

In his decision, Case noted that Clearwater conveyed the property in question to Calvary on April 8, 1959. Case reasoned the initial transfer in 1959 was controlling, and that a subsequent deed filing that muddied ownership was invalid and "immaterial."

The decision bothered civic activist Anne Garris, who said nothing should have happened to the strip of land without a voter referendum.

"The people of Clearwater lose one more time," Garris said. "So who is surprised?"

Hibbard, however, said city officials were prepared to comply, no matter which way the judge ruled.

"If the judge had felt that we still owned the land," Hibbard said, "we would have moved forward with a referendum."

Mike Donila can be reached at mdonila@sptimes.com or 445-4160.

Commissioner Wants More Answers in CSX Proposal

Lakeland's Gow Fields says Planning Organization didn't talk about a long-term plan.

By Diane Lacey Allen
The Ledger

Lakeland Reporter
Dept.: Metro Desk
(863) 802-7514
diane.allen@theledger.com

BARTOW | Lakeland City Commissioner Gow Fields came to Thursday's meeting of the Polk Transportation Planning Organization to get answers about the state's plan for future freight and commuter rail.

He didn't get them.

Instead, he heard more about the proposed CSX shift in freight lines and the background to go with the $491 million sale of 61 miles of track to the Florida Department of Transportation for a commuter line that will benefit the Orlando area.

"It was a regurgitation of the breakdown of the deal and the chronology of it and a recap of the Polk County issues," Fields said.

The agenda for Thursday's meeting said the FDOT would talk about the freight line shift, which will put more traffic through downtown Lakeland. But Fields said he expected more, and that the TPO had asked for a statewide overview.

"How are we going to move these people around and how are we going to move freight around ... ?" Fields said after the meeting. "There is no long-term plan. That's what they're telling us today. And that begs the question of how do you spend a half-billion dollars ... It's like putting in the footers of a house when you're not sure where the garage goes or the living room because there is no plan."

For months now, local politicians like Fields have been concerned about the impact of CSX's plan for a massive rail hub in Winter Haven. Lakeland businesses have been up in arms about the possibility of growing train traffic bisecting downtown and undoing years of renovation.

But Thursday's meeting did not center on Winter Haven's rail complex. What has become a predictable parade of speakers against the hub did not materialize at the microphone.

The proposed hub was addressed largely through references to the upcoming developmental review process, which is designed to deal with the facility's regional impacts.

Reading from a report that recommended an environmental impact study, though, Fields asked whether federal funds were being used for the state's deal with CSX - a scenario that would prompt such a study. Fred Wise, state rail manager for Florida, said there was no federal money involved.

Fields reminded Wise that taxpayer money was being used.

He said local government couldn't afford to be so cavalier with funds.

"We'd be nailed to the cross, tarred and feathered and run out of town," Fields said.

Fields said government needs to be open and responsible. He said the state's negotiations with CSX did not involve local governments.

He touched on a recent meeting in Lakeland about CSX's plans, where state Sen. Paula Dockery told civic leaders she had to make a formal public records request to get information.

"A lot of people didn't know what was going on," Fields said.

"There's a lot of unanswered questions."

County Commissioner Jean Reed also pressed for answers on the future of rail traffic, especially the impact of the rail hub on local and state roads from additional trucks entering or leaving the complex.

"Eventually, this is all going to grow larger and larger," Reed said.

Fields continued to ask how the state was going to tackle the movement of people and freight in the future.

Stanley Cann, secretary for FDOT's District One, said the state did have a "vision."

But he did not elaborate.

Fields was particularly interested in the state's intentions because he said it announced plans for commuter rail in Central Florida during a meeting with officials from counties such as Polk, Hillsborough, Pinellas and Pasco last year.

"This deal was going to bring it (commuter rail) to the doorstep of Polk County, giving the implication that it would continue across the I-4 corridor ...," Fields said.

"Today was for us to hear about what the state's long-range plan is for movement of freight and people. That's what we asked for. That's what today was supposed to be.

"Clearly they said to us, 'We have a vision,'" Fields said. "But they didn't go a step farther."

[ Diane Lacey Allen can be reached at diane.allen@theledger.com or 863-802-7514. ]

Major Improvements In Plans For Highways

By KEVIN WIATROWSKI The Tampa Tribune

Published: Oct 12, 2007

WESLEY CHAPEL - The Florida Department of Transportation plans to begin major renovations to Interstate 75 through Pasco County in 2009 and 2010 with more slated for after 2012 depending on funding, DOT officials said Thursday.

The renovations will widen the interstate to six lanes from Fowler Avenue in Hillsborough County to the Hernando County line to accommodate the ever-increasing number of cars flowing from subdivisions and shopping centers sprouting in fast-growing east Pasco, said Bob Clifford, head of planning for DOT's Tampa district.

The upcoming projects will happen at the County Road 54 (Wesley Chapel Boulevard) interchange and at the junction with Interstate 275 at the Pasco-Hillsborough county line.

The C.R. 54 project will replace aging bridges that carry the interstate over Wesley Chapel's primary bottleneck. DOT planners expect to be largely finished with designs for the new bridges next month.

The $43.1 million project could go to bid late next year with construction starting in early 2009, DOT officials said. County commissioners have committed $5 million in Penny for Pasco tax revenue for the project.

The two-year project will be coordinated with the county's plans to widen the roadway under I-75 to six lanes, DOT officials said. County crews are widening C.R. 54 just west of the interstate and plan to start widening State Road 54 east of Bruce B. Downs Boulevard late next year.

While work is ongoing at C.R. 54 and I-75, DOT will begin rebuilding the I-275 junction a few miles to the south.

That work, slated to start in 2010, aims to reduce the amount of hasty lane changing drivers must do between the junction and State Road 56.

As part of that $48 million renovation, both highways will get a single-lane exit ramp to shunt traffic directly to S.R. 56. I-75 drivers aiming for S.R. 56 now must cross several lanes of I-275 quickly to reach the exit ramp.

Drivers who get on the new ramps won't be able to change their minds and jump back onto the main highway, DOT interstate program manager Adam Perez said.

The ramp project had been planned as part of a larger widening between S.R. 56 and Bruce B. Downs in Hillsborough County. That widening was shelved last year when legislators cut DOT's budget, Clifford said.