PALM COAST -- When it comes to Palm Coast's agreement with the developers of Town Center, some changes are in order, city officials say.

Land swapping, deadline extensions and the development of a park in the area are some modifications Palm Coast will add to its contract with Florida Landmark Communities involving land the city owns within Town Center, city officials say.

Town Center is a 1,500-acre, mixed-use development between Interstate 95 and Belle Terre Parkway that includes residential areas and retail shops. The shell of a SuperTarget is now up in the western corner of Town Center.

Under the terms of the agreement, the city wants to switch one site already designated for a community center for another site adjacent to the future performing arts center.

The designated location sits too close to a Flagler County school youth center already standing, Assistant City Manager Oel Wingo said.

Moving the city's community center to the same site where the Palm Coast/Flagler County Foundation for the Arts and Entertainment plans to build a performing arts center makes more sense, she said.

The swap gives the city a little more land for parking, she said.

Some council members, however, expressed concerns about several points of the agreement. While the agreement places a community center adjacent to the arts center, the City Council never agreed on a location for such a building, Mayor James Canfield said.

"The only thing that was decided . . . is where the city hall is going to be someday and where the arts center was going to be placed someday," he said.

The closing date on the land exchanges has now been extended from May 4, 2006, to Dec. 15, 2007, Wingo said.

In addition, the deadlines that were set for work to begin on the arts center and a proposed city hall will be extended from January 2015 to January 2018, she said. According to the agreement, the land reverts back to the developer if the city does not meet the deadline. But the developer must pay the city fair market value for the land, Wingo said.

The city is not contributing any money to the center but last year began leasing the 8.5 acres of land to the foundation for $1 a year for 30 years.

The city also wants Landmark to develop a park near the proposed city hall site. The park is a two-phase project with Landmark developing phase one at its cost and Palm Coast building the second phase as money becomes available.

Landmark could use the park for festivals and outdoor activities at the city's discretion, according to the agreement.

Voters defeated a proposal in November 2005 to borrow $20 million to finance a new city hall and $10 million for two community centers. But the land exchange gives the city more options to consider when the time comes to decide where a community center could be located, City Manager Jim Landon said.

"We believe this allows for more flexibility for future decisions for how the public lands will be used," he said.

Councilman Alan Peterson agreed.

Now that the sites for a community center and arts center are grouped together, "we have more options than before," he said.

Peterson, however, said he was concerned that the agreement forces the city to finance the second phase of the park with community redevelopment area money it may not have.

But it's the City Council that decides when the second phase of the park's development would begin and how much of the community redevelopment money to use in its construction, Landon said.

The agreement allows the council to determine when it's financially feasible for the city to develop the second phase of the park, he said.

kenya.woodard@news-jrnl.com

Water grab would be theft, pure and simple

By A TIMES EDITORIAL
Published September 30, 2007

Water management districts were created to protect the state's most precious natural resource. As it turns out, at least one district is willing to steal to fulfill that responsibility.

The St. Johns River Water Management District is exploring the possibility of running pipelines from the Withlacoochee and Lower Ocklawaha rivers, and Lake Rousseau in Citrus County, to the overdeveloped areas of central Florida. Officials there have estimated that in the next 10 to 20 years, there will not be enough groundwater to meet the demand. Their proposed solution is to siphon hundreds of millions of gallons every day from rivers and lakes in other water districts, including some in the 16-county Southwest Florida district.

Predictably, this audacious idea is meeting early resistance from the counties and cities that would be affected. Not only is the St. Johns district endangering the ecologies and economies of those municipalities' most prized waterways, it also threatens their ability to tap those resources for their own use.

This proposal deliberately violates the intent of "local sources first" legislation that requires cities and counties to deplete their own water resources before looking elsewhere. However, the St. Johns water district is exploiting a 2005 change that broadened the definitions of groundwater and alternate supplies. According to a lawyer for one conservation group, that change "gives (water management districts) the power to make an alternative supply out of a traditional supply. That's how they get to the rivers, and that's a bastardization of the process."

That is an accurate characterization of what St. Johns is trying to do, but it does not go far enough to describe this circuitous scheme. It is a water grab, pure and simple, from a region where indiscriminate growth has created an unreasonable demand on water supplies and other essential infrastructure.

The St. Johns water district says it won't proceed without approval from Swiftmud and the Withlacoochee water authority, but the fact that the idea has gained even casual momentum in Lake County is reason enough to react. Hernando County should pledge its full support to Citrus County, the Withlacoochee Regional Water Supply Authority and any other concerned government that opposes this wrong-headed proposal.

And Sen. Paula Dockery, R-Lakeland, who sponsored the 2005 law that enables this legal challenge, should do what is necessary to nip this in the bud

Tampa Bay Water Needs Open, Resourceful Leader

Water Restrictions Impact Some,Others Ignore It

County waterways hearings next

By CINDY SWIRKO
Sun staff writer

A master plan two years in the making that will regulate use of Alachua County's rivers and lakes is nearing completion, with a set of public meetings planned prior to consideration by the County Commission in late November.

The county is trying to bring together waterway users who sometimes have conflicts - airboat users and canoeists, sailboat and powerboat users - to create a plan that will accommodate everyone, but possibly with some limitations.

Recommendations are now being drafted for presentation at the public meetings. Suggestions will be incorporated, if warranted, into the final package that will be presented to the Commission.

"There are always conflicts between people on shore and on the water, and between people on the water. In Alachua County, it has gained prominence over the last two or three years," County Manager Randall Reid said. "Our surface waters are one of our biggest assets ... We want a plan to best manage the waterways, particularly for recreation."

County commissioners first requested the plan about two years ago. It was spurred in part by complaints about airboat noise on Orange Lake by other lake users and residents along the lake, including state Sen. Steve Oelrich, then Alachua County sheriff.

So far, the consultants have held meetings with the various water users, and with individual representatives from all the factions.

Conflicts generally stem from speed and noise. Sailboat users and canoeists, for instance, have issues with fishermen who speed across lakes, or with water-skiers or personal watercraft users who buzz by too closely. Those are primarily problems on Lake Santa Fe.

The airboat issue has been particularly contentious with complaints about noise throughout the night, while airboat enthusiasts say they do what they can to quiet their machines and be mindful of other water users and residents.

Suggestions have included creating more no-wake zones, curfews for noisy craft such as airboats, and banning open containers of alcohol on boats.

But fishermen and skiers contend a small group is trying to shut down use of the lakes for others. The fishermen and skiers believe that people who buy property on a lake or use a lake for recreation should expect some noise from other users.

Bill Sensabaugh of the Gatorland Water Ski Show Team has attended most of the meetings so far and believes the process has been fair.

"I have been in the Gainesville area for 50 years or so, and it has really, really grown. There are a lot more people doing everything in Alachua County, including on the water and on ski boats," Sensabaugh said. "When I was a kid, nobody had that fast of a boat. Now lots of people do. Sometimes it's difficult for us to accept all of these changes. But overall, in the way these hearings were conducted, the results do not seem to be onerous for water-skiers. It would be good for people to come out and participate."

The public meetings will be Oct. 4 at 6:30 p.m. at Hawthorne City Hall, Oct. 8 at 6:30 p.m. at the Alachua County Library in downtown Gainesville, Oct. 13 at 1:30 p.m. at the Santa Fe Community College Davis Center in Archer, Oct. 20 at 1:30 p.m. in the High Springs Civic Center, and Oct. 30 at 6:30 p.m. at Trinity Episcopal Church in Melrose.

Cindy Swirko can be reached at 352-374-5024 or swirkoc@ gvillesun.com.

Planners postpone Ironwood decision

Gainesville's City Plan Board postponed making a recommendation on an "active adult community" that would surround the Ironwood Golf Course on NW 39th Avenue after debate on the issue went late into Thursday night.

Plans for the project, which is referred to as Hatchet Creek after the waterway that flows through the property, call for up to 1,500 single-family homes, a 500-unit assisted-living facility and up to 200,000 square feet of buildings for commercial, office and other uses. The project is designed as a largely age-restricted community that would have security features at its entrance.

While they did not make a decision, several Plan Board members made critical comments about the project during the meeting.

The Plan Board had already postponed its decision once before Thursday's meeting on the project, which is seeking land-use changes to become a "Planned Use Development." That designation allows developers flexibility in how they use a property but allows the city to place significant restrictions on the project.

The Plan Board's recommendation will be heard by the City Commission when it makes a final decision on the development in the coming months.

Debate at the meeting focused largely on how much the noise from planes using the airport would disturb the development's residents, the quality of wetlands on the site and whether the project should be considered economic development or sprawl.

Thursday's meeting brought supporters of Gainesville Regional Airport and environmental advocates together in opposition to the project. They said it would generate complaints that could hamper airport operations and warned that it would damage wetlands and other environmental features on the site and worried that runoff from the site would have negative impacts on Newnan's Lake.

Complaints from future residents could "make it difficult for the airport to optimize the way it operates and make the airport less of a benefit for the local community," said Ted Baldwin, an airport consultant hired by the city who said complaints by residents had caused problems for airports in other areas. Airlines, private planes and military jets that use the airport would cause considerable noise in the development, Baldwin said, though consultants for the developer and residents who live near the project contested that analysis.

East Gainesville community leaders begged the Plan Board to approve the project, arguing it was the kind of high-quality development the area needs and that it would help spur the area's economic development.

Doris Edwards, an east Gainesville advocate, described the development as a "high-quality, extraordinary" project that she said could turn around a corridor she called "lock-up row" because of the Alachua County jail on NW 39th Avenue. Edwards suggested planning staff and those opposed to the project might have bias as a motivation.

"Is there a little prejudice here in some way?" Edwards asked.

Citing concerns about aviation noise, planning staff recommended the plan board deny changing the zoning on about 199 acres on the eastern edge of the property, which is now zoned for industrial use and which is closest to the airport's runway. Planners recommended approving zoning changes on the rest of the property, which is already zoned for single-family homes.

However, the staff's recommendation came with 31 conditions, including a requirement that places special environmental protections that a consultant for the developer said could make the project infeasible. The conditions also limit the number of units allowed to be built as part of the project to 1,199.

Jeff Adelson can be reached at 352-374-5095 or adelsoj@gvillesun.com

A Sarasota facility prepares sterilized male fruit flies for a flight to disrupt the destructive species' life cycle

Two or three times a day, laboratory technicians load chilled metal boxes onto small planes at Sarasota-Bradenton International Airport.

The boxes contain millions of foot soldiers in the state's war against the Mediterranean fruit fly, a tiny pest that could devastate Florida's $4 billion citrus industry.

When they reach 2,000 feet above Southwest Florida, the boxes are opened, releasing a shower of tiny bugs into the sky.

As it falls, the rain comes alive. Bodies once dormant from the cold start to twitch. Tiny wings unfurl and flutter. If the technicians have done their job right, the flies will never reach the ground.

The federal government's secret weapon against the Mediterranean fruit fly? Male flies made sterile by radiation.

About 70 million flies are dropped each week over Tampa, Miami and about 160 square miles of Sarasota and Manatee counties, areas considered a high risk for a Medfly outbreak because they have major sea ports.

Although they are sterile, the flies' urge to mate has been chemically fired up with the aroma of ginger oil. Their mission is to lure the female fruit flies from their wild, fertile counterparts.

The Sterile Insect Release Program is run from a small U.S. Department of Agriculture lab near the airport. Introduced in 1998, the program has helped keep Florida's citrus industry free of one of agriculture's most destructive pests.

The program costs taxpayers about $3 million per year. Florida citrus growers say that is money well spent.

The industry employs about 90,000 people and has an economic impact of $9 billion, according to a University of Florida study. A fruit fly outbreak would prevent Florida fruit and vegetables from being sold in many other states and countries.

"This type of unique bio-control is important to keeping Florida citrus certified for shipment to markets around the globe," said Michael Sparks, CEO of Florida Citrus Mutual, the state's largest growers organization.

If left unchecked, fruit flies "could cause millions of dollars of damage to citrus and agriculture as a whole in Florida," he said.

A pernicious pest

Fruit flies are attracted to 250 different types of fruit and vegetables including avocados, grapefruit, guavas, lemons, mangoes, tangerines and oranges.

The flies do not eat the produce. Rather, the females lay their eggs under the skin of the fruit. Their larvae, that look like maggots, then eat the fruit from the inside.

A female can lay about 800 eggs in her life. The eggs become adult flies capable of reproducing in about 25 days.

Even with a survival rate of only 50 percent, a population of 100 Medflies could explode to 10 million in about 120 days.

"If we can find these things when (they number) five or 50 or even 5,000, then we can win it," said Dr. David Dean, an entomologist with the Florida Department of Agriculture and Consumer Services.

The influx of visitors to Florida's beaches and theme parks adds to the risk of a fruit fly outbreak.

Larvae can be brought in when travelers ignore regulations and sneak fruit into the state. Fruit flies also arrive in shipping containers or are inadvertently brought back by boaters from the Caribbean.

"They can't get here on their own; they get here with the help of people," Dean said.

Florida's most recent Medfly outbreak occurred in 1998. Medflies were found in seven counties, including Sarasota and Manatee.

This year, crops in five counties in Texas were quarantined because of an outbreak of the Mexican fruit fly.

Where they come from

The idea of the sterile-insect technique is simple: Inundate high-risk areas with millions of sterile male flies so the chances of a female mating with a fertile male are virtually zero.

But where do they get 70 million male flies?

The answer is from El Pino, a USDA mass-rearing facility in Guatemala. There, hundreds of millions of flies are bred, and maggot-like larvae are hatched.

After about eight days, the larvae turn into pupae, a small hard shell barely bigger than a grain of rice. Inside, the larvae transform into flies.

Millions of pupae are then put into water heated to 94 degrees, a temperature that most males survive but which is deadly to virtually all females. The dead pupae, which float to the surface, are skimmed off by a machine.

The surviving pupae are dyed vibrant orange so that fruit fly trappers can distinguish them from wild fruit flies.

The pupae are put into sausage-shaped plastic bags and exposed to radiation to make the flies sterile. Less than 24 hours later, the bags arrive by plane at the Sarasota facility.

Preparing an army

The flies spend five to seven days at the lab, hatching out of the pupal stage and reaching sexual maturity.

Housed in a temperature- and humidity-controlled storage room, the flies are kept in mesh screens stacked on top of one another.

Beneath the screens is a small wick sprayed with ginger root oil. A fan spreads the aroma through the screens, making the flies more sexually competitive, said John Renshaw, the facility director.

The flies feed on a clear jelly-like slab of sugar and agar that is cooked on site in 60-gallon pots.

When it is time to release them, the screens are rolled into a metal storage room kept at 38 degrees.

"All the little critters get cold," Renshaw said. "They wrap their wings around themselves, release their feet and curl up into a little ball."

Workers wearing hooded tops to ward off the cold load the balled-up flies into metal release boxes from which they will be dropped. One box typically holds about 95 pounds of flies.

In the plane, an augur device under the box controls the release of the flies, dropping 125,000 per square mile.

Troops on the ground

Medflies are also attacked through a ground-based program.

Around 250 fruit fly trappers keep tabs on roughly 60,000 traps from Key West to Jacksonville.

Every fly caught is checked for traces of the vibrant orange dye that signifies it is a sterile male.

If a wild fly is found, state and federal agencies go into emergency mode.

That happened in July, when trappers in Tampa found a male Oriental fruit fly. More than 500 traps were set in an 81-square-mile area around Valrico, east of Tampa, where the fly was found. No other flies have since been found.

Before the release program, outbreaks of fruit flies were treated by spraying malathion, a pesticide, from planes. The measure was unpopular with the public who feared it posed a health risk.

Now, any area with an outbreak would be inundated with sterile flies from the Sarasota facility.

"The flies are much more efficient because they find each other. We've got biology working for us," Dean, the entomologist, said. "We do that long enough, we can totally eliminate the species."

These days, nobody in Southwest Florida — not laymen, not landlubbers, nobody — has an excuse for not knowing what an estuary is.

Estuaries — bodies of water where freshwater from the land mixes with saltwater from the sea — have been much in the news for the past few years:

• Too much rain in 2004 and 2005 forced water managers to release huge amounts of nutrient-rich fresh water down the Caloosahatchee River; the nutrients caused massive algal blooms, and the fresh water upset the delicate freshwater-saltwater balance estuaries depend on.

• The ongoing drought in 2006 and 2007 has upset the balance the other way, and the saltier water has killed virtually all the river's tapegrass, which is important fish and invertebrate habitat and provides food for fish, freshwater turtles, manatees and birds.

The Conservancy of Southwest Florida published its first Estuaries Report Card for Southwest Florida in 2005; the second report card is due at the end of 2008.

"Since 2005, we've seen policy changes around the region that indicate some success, particularly land-acquisition programs," said Jennifer Hecker, the Conservancy's natural resource policy manager. "We hope those will have positive results on the next report card. Unfortunately, there have been some inappropriate land-use decisions that might have an adverse effect on the report card. So, we need to look at the scientific data to find out our progress or lack of progress."

10 estuaries evaluated

The Conservancy report card looks at 10 estuaries from the Coastal Venice watershed to the Ten Thousand Islands and bases grades on two criteria: wildlife habitat and water quality.

Pine Island Sound received the highest grades in Lee County, with a B-plus for wildlife habitat and B for water quality.

"We're in better shape than we were six months ago," said Ralph Woodring, 70, who was born on Sanibel and lives on Tarpon Bay. "When that water came down the river, we got red drift algae and everything in creation. It was eating us alive.

"The water quality is fairly good. Sometimes it's so dirty you can't see the bottom. Sometimes it's as clear as the Keys. Neither one of them is natural."

Pine Island Sound should be in "fairly good shape" by the 2008 report card, Woodring said, but it will never be as healthy as it was before the development of Lee County.

"The only way for it to come back is to get rid of some of the damn people," he said. "Between the boats and cars and airplanes and all the crap coming down the river — ain't none of it good for the environment."

With an A-plus for wildlife habitat and an A-minus for water quality, the Ten Thousand Islands received the highest grades in the 2005 report card.

Gary Lytton, director of the Rookery Bay National Estuarine Research Reserve, has been watching the Ten Thousand Islands for two decades.

"Generally, what I've seen is that we've been able to maintain the environmental conditions that I observed when I first came down 21 years ago," Lytton said. "That's not to say we haven't experienced challenges over the years. In terms of whether we'll be able to maintain the pristine conditions of the estuary, I'm optimistic.

"What we've been focusing on is work outside our boundaries, dealing with land-use issues upstream that have an impact on water quality."

"Upstream" is an important word — and concept — in estuary health, and many estuary managers are looking upstream into the watershed.

As became very clear in the Caloosahatchee and Pine Island Sound, what happens upstream affects the estuary — it's all connected.

Pine Island Sound's problems are not just result of releases from Lake Okeechobee. More than 70 miles of agricultural land, residential lawns, golf courses, sewage treatment plants, and roads line the Caloosahatchee between the lake and the estuary.

"The watershed is the area of land where any rainfall ends up in a body of water, typically an estuary," said Lisa Beever, director of the Charlotte Harbor National Estuary Program. "That water carries with it either good things or bad things. It can carry nutrients, oils, greases, heavy metals, fecal coliform. Estuaries need a flow of clean water to have the productive stocks of fish and crustaceans and associated birds that make the area wonderful to live in."

The best way to protect estuaries from upstream influences is for government agencies and environmental groups to buy upstream land and leave it undeveloped.

Individuals, too, can help protect area estuaries, Beever said.

"Try not to add impervious surfaces to your yard, and use fertilizers and pesticides sparingly, if at all," she said. "Plant native plants and leafy trees so the world is cooler.

"If you're on the water, use responsible boating and fishing practices: Stay in channels; if you run aground, pole out rather than using your motor to blast out — prop scarring is a real problem on our seagrasses. Dispose of your garbage properly."

In 2005, area estuaries earned grades ranging from A-plus to F-minus; future grades depend on the steps taken by government agencies, environmental organizations and individuals to protect the resource.

"There's still hope," Beever said. "We've seen declines in our estuaries, but they're not so far gone that they can't recover. It took a lot of different assaults to degrade them; it'll take many different kinds of things to bring them back."

Today, the nation celebrates National Estuaries Day. Held annually since 1988, this celebration focuses on the special places where rivers meet the sea.

Estuaries are among the most productive ecosystems on earth, serving as nurseries for fish and shellfish and providing vital nesting and feeding grounds for coastal birds, sea turtles and marine mammals. They are also important economic engines that pump millions of dollars into coastal communities through tourism, recreational sport fishing and boating.

Florida is home to some of the nation's most pristine estuaries. However, with a growing coastal population, the challenges for protecting and sustaining the health of these coastal gems grow as well. Jointly, the Florida state's Department of Environmental Protection (DEP) and the National Oceanic and Atmospheric Administration have made a significant and long-term investment in coastal stewardship by designating three Florida estuaries as National Estuarine Research Reserves.

Florida's three National Estuarine Research Reserves - Apalachicola National Estuarine Research Reserve, along the North Florida Panhandle; Rookery Bay National Estuarine Research Reserve, located near Naples on the southwest Gulf coast; and Guana Tolomato Matanzas National Estuarine Research Reserve, located on the east coast near St. Augustine - are aligned with 27 sites around the nation selected to serve as research laboratories and education centers. Each research reserve has its own unique landscape and character, and each works with its own “network” of coastal communities. All three Florida reserves, like the others around the country, share the important mission of promoting stewardship of estuaries.

Why should Floridians care about estuaries?

Florida's sport fishing industry generates more than $4 billion each year in sales of boats, fishing tackle and fuel. Fish that we seek in Florida waters, including snook, redfish and tarpon, depend on healthy estuaries.

Shrimp landings along Florida's west coast totaled 18.5 million pounds in 2002. Shrimp also depend on healthy estuaries.

Florida's estuaries include mangroves, marshes and sea grasses, plants that depend on clean coastal waters to provide a vital food source and habitat for wildlife. Apalachicola Bay's waters alone yield 90 percent of Florida's commercial oyster harvest.

Science has shown us that the health of our estuaries is inextricably linked to clean water. In Florida, summer rains deliver fresh water that slowly filters across the landscape and mixes with saltwater to create a highly productive ecosystem. With Florida's coastal population on the rise, we face serious challenges in managing growth and protecting water quality so that our estuaries continue to thrive.

The value of Florida's estuaries, from our wildlife to our economy, makes the work of the estuarine reserves vitally important. Scientists use cutting-edge technology to monitor changing conditions of water quality within the estuary. This is a far more complicated process than it might seem. Educators help thousands of young students each year make their own connections at the estuary, encouraging coastal stewardship at an early age. Reserve biologists restore wetlands, conduct prescribed burns, and restore freshwater flows changed by land uses upstream.

No single agency or organization has the resources and knowledge to successfully protect an estuary, so DEP's ongoing work requires partnerships in both public and private sectors, and an informed and involved community.

To learn more, visit your local estuarine reserve and learn how to protect this valuable resource.

Seth Blitch is administrator of the Apalachicola National Estuarine Research Reserve.

Located along the Florida Panhandle, the Apalachicola National Estuarine Research Reserve, managed by the Florida Department of Environmental Protection, is one of the largest reserves in the nation, at more than 246,000 acres. The estuary yields 90 percent of Florida's commercial oyster harvest, fueled by nutrients from the Apalachicola River, Florida's largest river in terms of flow. The reserve's office is open from 8 a.m. to 5 p.m., Monday through Friday. For more information, go to www.dep.state.fl.us/coastal/sites/apalachicola or call (850) 653.8063. For more information on estuaries managed by DEP, go to www.dep.state.fl.us/coastal.

• RELATED ARTICLE: A Mack daddy of a controversy: Congressman is linked to land owner east of proposed I-75 interchange (6/15/07)
  • RELATED ARTICLE: Phil Lewis: Follow the I-75 money: From local to national news and back (6/9/07)
  • RELATED ARTICLE: Coconut Road interchange funding took winding path to approval (6/9/07)
  • RELATED ARTICLE: $10M for I-75 interchange gets national attention (6/7/07)
  • RELATED ARTICLE: Brent Batten: House rule temporarily forces the attribution of earmarks (9/21/06)
  • RELATED ARTICLE: Editorial: Coconut Road interchange (4/23/06)
  • RELATED ARTICLE: Money a motivator in I-75 earmark? (4/16/06)
  • RELATED ARTICLE: Coconut Road interchange study back on (3/18/06)
  • RELATED ARTICLE: Congressman might have answers about mystery $10M for Coconut Road interchange (2/19/06)
  • RELATED ARTICLE: Tom Hanson: Lee MPO’s $10 million mistake could get worse (2/1/06)
  • RELATED ARTICLE: Phil Lewis: Pork? Waste? Power play works for us (8/14/05)

Some Alachua residents question actions of the City Commission

By Rachael Anne Ryals
Herald Staff Writer

ALACHUA -- The decision to grant a year-long extension for a 145-acre development plan should have been discussed by the City Commission and the public before being approved, residents told the Alachua City Commission Monday.

The Alachua City Commission approved the extension on the city meeting's consent agenda -- an agenda used to approve several, small commission decisions at once. Residents in Alachua are not allowed to comment before the consent agenda is approved.

But some residents said that the extension was a large enough issue that it should have been removed from the agenda.

Alachua resident and political activist Michael Canney said that he even sent an e-mail request on Monday afternoon for the item to be removed from the consent agenda and placed on the regular agenda.

But when he showed up on Monday night, the item was still on the consent agenda and was approved by the Commission before any resident was allowed to speak.

The extension for the 145-acre development plan is an issue that Canney said was important because the development was approved before the city changed some of its land-development requirements.

The land was changed from agricultural use to commercial planned development on Nov. 21, 2005. A one-year-long extension was previously granted on Oct. 9, 2006. The newest extension will allow the developer until Nov. 21, 2008 to submit development plans for approval.

"What we are talking about here is speculation," Canney said.

The use of the consent agenda is currently part of a lawsuit filed against the city of Alachua by Canney and Alachua resident and political activist Charlie Grapski.

"A lot of things are put on the consent agenda that don't belong there," Canney told the Commission.

Babcock traffic causes concern

Government estimates say vehicles will overwhelm roads

By KATE SPINNER

kate.spinner@heraldtribune.com

CHARLOTTE COUNTY -- Traffic from the proposed Babcock Ranch development could overwhelm nearby roads, county and state transportation officials said.

Government projections on the amount of traffic streaming from the giant planned community are much higher than the developer's. The discrepancy worries Charlotte officials, who said taxpayers could get stuck with the bill for future road improvements.

The Charlotte County Commission will hold its first hearing on development plans for the 19,500-home community on Dec. 13. The hearing will help commissioners decide whether to approve broad guidelines that will shape Babcock's development through 2030.

Several planning kinks need to be worked out between now and December, but traffic concerns top the list.

Developer Kitson & Associates moved to buy the Babcock Ranch in 2005 and unveiled plans for a community that would stretch across the Charlotte-Lee county line.

Now those plans are coming into focus as Kitson seeks approval for a master development plan on its Charlotte County holdings.

After Lee County resisted the plans this year, the developer decided to get first approvals from Charlotte, where most of the ranch is located.

Each development phase requires a separate review governed by the guidelines Charlotte will likely approve in December.

Before those reviews, local and regional planners need to agree on how the community will pay and plan for its impact on traffic, water resources, wildlife habitat, schools and affordable housing.

Traffic is one of the biggest sticking points because the developer and the planners have not come to terms on how many vehicles will leave Babcock Ranch daily.

Charlotte and Lee counties and the Florida Department of Transportation estimate that an average of 22 percent of the cars pulling out of Babcock Ranch driveways will stay within the community's confines.

The developer's estimate is 50 to 70 percent.

"If you're living in Manhattan that might be true," said Charlotte County public works director Tom O'Kane.

Residents outside the community will end up paying for wear and tear on the roads if the amount of traffic leaving Babcock Ranch is underestimated, O'Kane worries.

"Transportation improvements that will be made all around this development depend on what these transportation numbers are," O'Kane said.

>Babcock Ranch''s population is expected to eventually reach 40,000.

The increased population will put more traffic on State Road 31 and Bermont Road in eastern Charlotte County.

Without Babcock Ranch,, the county's growth management plan shows little to no development in the rural eastern area. That is why the county wants Babcock Ranch developers to pay all of the cost for maintaining those roads.

The development will also increase traffic on Interstate 75, especially south toward Fort Myers.

State transportation officials estimate that Interstate 75 will carry more traffic than it can comfortably handle in 10 years, even without Babcock Ranch..

Developer Syd Kitson was not available for comment Wednesday.

Besides traffic, Charlotte County has concerns about water supply and the development's impact on wildlife, said Seann Smith, who is coordinating the county's review of the project.

He said he is confident that the county will be able to resolve its concerns by November, when the staff plans to have a final recommendation and report on the project.

That report will go to the Southwest Florida Regional Planning Council and the county's Planning and Zoning Board. Both boards will make recommendations to the County Commission.

Jason Utley, who handles development reviews for the planning council, is not so confident. Despite the council's questions about the development, the developers decided to seek the county's approval anyway.

Because the county agreed on Tuesday to set the December hearing for the project, the council has only 50 days left to review the project and make recommendations.

"It makes it very difficult on us because this project has been going at lightning speed compared to many others," Utley said.

State planners can appeal if the county approves the project over planning council objections.

Once the project guidelines are approved for Babcock Ranch,, developers will propose more specific plans to develop the community phase by phase.

Smith said the first proposal is expected by the fall of 2008. He said developers hope to have their first model homes complete by 2010.
County prepares to revisit subdivision roads

By DEBORAH BUCKHALTER

Jackson County Floridan

Wednesday, September 26, 2007

The Jackson County Commission several months ago placed a moratorium on accepting any more subdivision roads for maintenance, but now appear ready to consider lifting the freeze with some new controls in place.

A special joint meeting with the county's advisory planning commission to discuss and possibly act on the matter is set for 5 p.m. Oct. 23.

The planning board is also expected to discuss the issue at two of its own regular board meetings prior to that, at 6 p.m. sessions on Oct. 1 and Oct. 15.

Board member Jeremy Branch said he was ready to "move forward one way or another," and board chairman Chuck Lockey indicated that the board could take action Oct. 23 "if everything works out."

The issue has been discussed at public meetings and private.

For instance, a meeting arranged by Lockey at the requests of several business leaders was held recently between staff and some stakeholders in the issue.

According to county administrator Ted Lakey, that group included himself; Lockey; county engineer Larry Alvarez; Road & Bridge superintendent Al Green; planning commission member and developer Cresh Harrison; developers and real estate business people Byron Ward, Ted Tyus, Robbie Roberts and Kathy Milton; and private engineer Travis Howell.

On Tuesday, commissioners were presented a five-point memo outlining some of the options that had been discussed.

None of the points spoke directly of a funding source which would pay for maintenance of subdivision roads, should the county decide to start accepting them again. This is notable since funding issues were the main reason the moratorium was imposed.

Green reminded the board after the points were presented that, if the board decides to remove the moratorium, a funding source still needs to be identified if the board plans to maintain the roads.

In the past, the local government has accepted responsibility for subdivision roads with no funding source in place to pay for their maintenance.

That lack of funding is a troubling reality now that some roads in four of those subdivisions ? Indian Springs, Dogwood Heights, Meadowview Estates and Sheffield Subdivision ? are of the age that they now need resurfacing or other major repair. A younger subdivision, Spring Chase, also has some road problems.

In what is generally regarded as an unprecedented growth spurt over the past couple of years, subdivisions and subdivision proposals are popping up all over the county, and many developers want the county to take over maintenance of roads.

Commissioners, not wanting to dig themselves deeper into the situations they face now with the aging roads they've already taken on, imposed the moratorium early this year to give themselves time to implement a policy on accepting subdivision roads.

They were looking to craft a policy that would be fair to taxpayers in general, the developers spurring growth, and the people who would be using the roads the most.

The possibility of imposing special assessments on homeowners in the affected subdivisions has been discussed in the past, but those didn't make the list of options presented Tuesday.

Options making the list were:

1. The county would take over the ownership of the subdivision roads on final plat approval by the board.

2. The county would not provide maintenance on the new subdivision roads until at least 50 percent of the lots are developed.

3. The county would not provide roadside maintenance like grass-cutting.

4. The county would not provide maintenance for stormwater management facilities. The developer would be responsible, instead, and would have to maintain such facilities to meet standards set by the Florida Department of Environmental Protection or the Northwest Florida Water Management District.

5. The developer would transfer the responsibility of roadside and stormwater maintenance to a homeowners association or other organizations approved by the board.

(Editor's note: More on this issue will appear in the Friday edition.)

Developers will build for credits

They agree to provide a road, fire station or other infrastructure for cities that later will forgive impact fees as reimbursement.

Robert Sargent

Sentinel Staff Writer

September 27, 2007

CLERMONT

Developers plan to front millions of dollars to build new public roads and facilities needed to serve their separate projects in south Lake County.

Last year Clermont approved a proposal from I-4 Howland Investments for Clermont Landing, a 342,000-square-foot shopping center including a 16-screen Epic Theater multiplex and a J.C. Penney store on the northeast side of Steve's Road and U.S. Highway 27.

To move forward, however, Howland also had to work out a deal with the county requiring the developer to build a mile-long extension of Steve's Road from U.S. 27 east to Citrus Tower Boulevard.

The roadway is estimated to cost about $2.5 million. The county had planned to build it for years but could not come up with the cash.

Howland will take on that expense, and Lake officials will reimburse the company with credit for future impact fees that the developer otherwise would have had to pay to the county.

Howland and other landowners also contributed about 16 acres of land where the road, easements and retention ponds will be located.

On Tuesday, the developer asked the city to allow other nearby developments to buy some of the impact-fee credits -- essentially allowing more private projects to share the cost of the road.

City leaders had concerns about that idea, and Howland eventually withdrew the request. That could force the developer to make its own deals to share the cost of Steve's Road without help from the city.

"The council didn't think that was appropriate," said City Manager Wayne Saunders. He commended the developer for working out a deal to build Steve's Road -- a project that otherwise could have sat uncompleted for years if the county could not come up with the money.

Clermont council members agreed Tuesday to another request from Howland to allow part of Clermont Landing to be constructed prior to completion of the roadway. That possibly could allow the movie theater and J.C. Penney to go up.

Also on Tuesday, Minneola's City Council talked with a different developer about building a fire station on County Road 455. That project, which could cost about $3 million, would be reimbursed with city fire impact fees.

But unlike in Clermont, council members in Minneola agreed to redirect impact fees from other developments to help pay for the fire station.

Minneola is scheduled Tuesday to consider annexing Sugarloaf, which is proposed for 2,200 homes, parks, a golf course, a school and 120,000 square feet of commercial and office space.

City officials voted last week to resolve a dispute over water impact-fee credits that will reimburse Sugarloaf developer LandMar Group for the cost of a $5 million water treatment plant that the company built and will turn over to Minneola to operate.

As part of the negotiations, city officials also asked LandMar to build a fire station for the city off of C.R. 455. The proposal would require the developer to construct the estimated $3 million station and to be reimbursed with credits of fire impact fees it otherwise would have had to pay Minneola to build all the new homes and other buildings in Sugarloaf.

Sugarloaf representatives argued that the cost of the fire station exceeds any impact fees the development would have to pay. So they are proposing a deal with the city to allow other nearby developers to also pay a share of the project with their own fire impact fees.

One source of the extra fees could be the massive Hills of Minneola planned south of Sugarloaf. That community is proposed for nearly 4,000 homes and about 3 million square feet of retail outlets, offices and industrial buildings.

Sugarloaf could be required to build the new fire station after the development builds about 30 percent of its homes and the amount of emergency calls warrant a station there. Prior to that point, Sugarloaf must provide Minneola with a temporary fire station -- possibly inside the development's golf-course maintenance building.

Developers of the 988,000-square-foot Plaza Collina shopping center proposed east of Clermont are required to spend about $8.5 million to help widen part of State Road 50 to six lanes. They requested impact-fee credits in return, but county officials said they refused.

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

Callery-Judge cuts proposed project to fit political reality

By MITRA MALEK

Palm Beach Post Staff Writer

Thursday, September 27, 2007

Callery-Judge Grove, long bent on building a new "town" with a population big enough to eclipse neighboring communities, has slashed its proposal's size by more than two-thirds.

The move signals Callery-Judge's desire for a more traditional and hassle-free project that stands a better chance of actually being completed. It also indicates the grove's willingness to appease a public that had sharply criticized its original plan.

The new, streamlined proposal calls for 2,999 homes, 236,000 square feet of commercial space and 80,000 square feet of industrial space - and no university, hotel, equestrian center, golf course or water-cleansing flow-way.

But the most drastic deviations from the "new urbanist" plan, which county commissioners voted against in May, come down to the basics: Reductions from 10,000 homes and 3.8 million square feet of commercial and office space.

"It's less," Callery-Judge General Manager Nat Roberts said. "That's the key issue."

The plan also has fewer homes and less commercial and industrial space than Palm Beach County's sector plan allows: 4,440 homes and 3.8 million square feet. County planners consider the grove a commercial hub for The Acreage, the sprawling semirural community that surrounds it.

Callery-Judge hopes to submit a request by Oct. 5 for land-use changes, this time with a project that covers about 3,700 acres instead of the original 3,923. Zoning applications would follow.

But, unlike the failed project, the new one won't require state review as a "development of regional impact" because it falls just under the threshold.

Instead, the grove plans to build under the state's new agricultural enclave law, which says farmers can develop their land to match surrounding density and intensity.

It should come as no surprise that Callery-Judge wants to make use of the law. That's exactly what Roberts said he would do when commissioners turned down his town-centered plan, and Callery-Judge officials lobbied hard to get the law passed.

"We'll work it out, if that's what the law provides," County Commissioner Jess Santamaria said. "Once people follow the law or the codes, I'm not going to be in anybody's way."

Callery-Judge representatives spent the past week touching base with commissioners on the trimmed-down plan. They met with Santamaria, Burt Aaronson and Jeff Koons and talked with Karen Marcus by phone.

Marcus said she didn't see a need to meet until after Callery-Judge massaged its plan with the county staff.

"The devil is in the details," Marcus said. "There may be a difference in the opinion in the definition of ag enclave."

County planners said several months ago that their calculations ranged from 1,569 to 2,354 homes for Callery-Judge's site. Another point of contention is just how much the law calls for new urbanist concepts such as compact development and mixed uses, which county planners want to see.

"They cannot just dump 2,999 homes any which way they want," said Santamaria, who represents the district that includes the grove. "We have to make sure it follows basic principles."

Planner Kieren Kilday said it's not yet clear how his client would lay out the homes and commercial space. Nor is it clear whether the homes would be a mix of housing types, but single-family homes are most likely, he said.

"It's time to move forward," Kilday said. "We think that moving forward this way is a way to reach a conclusion."

The tone of Callery-Judge's conciliatory conversation with Santamaria said as much.

"It would be better for us, I think, to get something done," Roberts said during the meeting. "I would like to resolve this issue."

Callery-Judge faced a major backlash during its final days in front of the county commission last spring. Hundreds of protesters showed up to criticize the project. Neighboring Palm Beach Gardens, Royal Palm Beach and West Palm Beach spent their own money to complete damning traffic studies. Callery-Judge had its share of supporters, too, but they were little match for the naysayers.

Meanwhile, Roberts had spent years tweaking the plan and, in his mind, incorporating neighbors' feedback.

After losing his bid for the town concept, Roberts said he had little inclination to build anything as complex on a smaller scale, even if the sector plan allowed it. And without the sector plan - which the state still hasn't signed off on - or the agricultural enclave bill, only about 370 homes could go on the site.

"All we want to do is be treated fairly," Roberts said. "We are asking for that which surrounds us."

Erosion closes Bathtub

By RACHEL SIMMONSEN

Palm Beach Post Staff Writer

Thursday, September 27, 2007

Martin County officials shut down the rest of Bathtub Reef Beach on Wednesday, saying erosion at the popular public beach has exposed too many tree stumps and roots, endangering the public.

"It's a safety hazard," Martin Fire-Rescue Bureau Chief Jeff Alter said of the erosion at the beach, part of which was closed three weeks ago. "It's the worst I've ever seen it."

County Coastal Engineer Kathy FitzPatrick said most of the beach looks no worse than it did three weeks ago. However, erosion has worsened at the north end, immediately adjacent to a house whose owner has piled sandbags in an effort to protect the shoreline.

The county has issued violation notices to the owner, Marshall Taschman, who doesn't have the proper state permits to put sandbags on the beach, FitzPatrick said.

"We've seen them washing away repeatedly and being replaced," she said.

Taschman said he hasn't received any notices, but he declined to say when he added the most recent sandbags.

"What are you supposed to do, let your house fall down? That's the policy of the state and the county," said Taschman, who has lived in the house nearly four years and says the previous owner "did some fancy lying about the erosion."

"I'm ready to put up the seawall, put up rocks. I'm ready to do anything to stem the erosion, but they don't seem to want to solve the problem," Taschman said of state and county officials.

Taschman's neighbor to the north, Anne Brown, has taken a wait-and-see approach. She said she plans to let nature take its course and evaluate the erosion in December. By then, she hopes much of the sand will return naturally; if not, she'll consider adding fill.

"I've never seen it this bad, even after the two storms," Brown said of the erosion, referring to the hurricanes of 2004. "But what can you do?"

FitzPatrick said there's a good chance the sand will return naturally, as it has on similar occasions in the past.

"We've seen Bathtub Beach change very dramatically, in a very short time period," FitzPatrick said. "It will erode and accrete over just a few days."

In case it doesn't accumulate this time, county staffers have contacted state officials about possible fixes, particularly to the parking lot at the north end of the beach, which is most in danger of being undermined, FitzPatrick said.

One potential fix would be to rebuild the dune for more storm protection.

But "when Bathtub Beach loses sand, it's because the conditions are such that the sand won't stay there," FitzPatrick said. "Trying to fight that force is a daunting task."

Bathtub Reef Beach remains closed indefinitely.

Taschman's house formerly was owned by George Wentworth, who fought state and county officials for six years over his efforts to fight erosion, limit beachfront parking next to his home and build a large boathouse in the Indian River.

At one point, he trucked in rocks that he put on the beach in front of his house. Officials forced him to remove them in 2003, just before he moved away.

Duette mine could be expanded

BY CHRISTOPHER O'DONNELL

DUETTE -- John Korvick has had his fill of mining.

Korvick had to contend with dust clouds and the thud of draglines for a year while Mosaic Co. mined the southwest corner of the huge Four Corners mine in Duette. Lit by huge lights, the mining continued all night.

"It was like Yankee Stadium," said Korvick, who runs an organic fish farm on his five-acre lot. "It sounds like a car crash when the draglines hit. Everyone's dog barks; there's sand everywhere."

Neighbors of the mine got some relief about nine months ago when the draglines were moved to other parts of the 6,500-acre mine.

But now, Korvick and his neighbors fear they are in for another long spell of around-the-clock noise and light.

The phosphate mining giant is moving ahead with plans to expand part of its huge Four Corners mine in Duette.

If approved, mining of the Lambe property -- a 300-acre site west of County Road 39 -- would bring mining almost to the doorstep of dozens of Duette residents.

"The lights, the noise of the draglines, it looks like a big city," said Revell Road resident Crystal Powell of the recent mining. "Now it's going to be right in our bedroom window."

The proposed Lambe expansion comes at a time when Mosaic is already looking to expand its mine operation on a separate 2,000-acre site in the Peace River basin. Known as the Altman tract, that project has been held up by environmental concerns.

Phosphate is mined using a dragline, a huge crane that swings a garage-sized bucket into the ground to reach a layer of phosphate.

The biggest draglines have a boom as long as a football field. The machine digs about 25 feet into the ground to reach a layer of phosphate, sand and clay.

According to Mosaic, the nearest homes to the proposed mine are about 1,300 feet away. The plan states that Mosaic will build berms to protect homes from dust and noise.

Company officials said they will listen to neighbors' concerns, but the company says it will not restrict its mining to daylight hours.

"Mining is a capital intensive business because of the large equipment and plants that are needed," said Mosaic spokeswoman Diana Youmans. "You're always looking for the most efficient use of that equipment. The most efficient way to do that is to operate 24 hours a day."

The proposed expansion is in the Little Manatee River basin.

Youmans said Mosaic would take steps to protect the river and will not mine in the 100-year floodplain on the property.

An abandoned citrus grove and an overgrown cattle pasture occupy the land. It also contains 104 acres of wetlands, considered among the most fragile of Florida's natural habitats. Mosaic will mine or disturb 36 acres of those wetlands, Youmans said.

A Mosaic-commissioned survey found that the property is home to 22 active burrows of the protected gopher tortoise. Southeastern American kestrels and sandhill cranes, also protected species, have been spotted on the land. No nests have been spotted.

Mosaic still has to clear several regulatory hurdles for the Lambe property, including obtaining permits from the U.S Army Corps of Engineers and the Florida Department of Environmental Protection.

At the same time, it is working to change the minds of Manatee County environmental staffers who have recommended that the county block the mining of the Altman tract because of concerns that wetlands will be damaged.

Mosaic has offered to build a community park and a new fire station in Duette if Manatee County approves the project.

Lawsuits Filed By SFWMD Over Water Management

By Dan Fearson of Highlands Today

Published: September 27, 2007

SEBRING — The South Florida Water Management District has filed lawsuits against NCM Properties of Okeechobee and its owners for water management violations on nearly 200 acres of land in southeast Highlands County.

Two separate lawsuits, one naming NCM, and one naming brothers Hopeton and Christopher Briscoe, of Miami, the co-owners of the company, were filed in the Highlands County Courthouse last Thursday. The suits seek more than $15,000 in penalty and fine recuperation.

The district claims that NCM constructed, altered, operated and maintained property without obtaining an Environmental Resource Permit from the district. It also states that the company graded dikes on isolated wetlands and installed culverts. The suit also had public nuisances counts.

Specifics as to the amount of construction that was done and its location were not included in court records.

The property in question was not identified by an address, however, court records state that it's east of U.S. 27 and south of State Road 70.

A phone call to the South Florida Water Management District was not returned. A copy of the lawsuit was also sent to Simone Properties Inc., located at 209 N.E. 5th Ave., in Okeechobee. A receptionist for Simone Properties said that the Briscoes do not work within their office.

Court records indicate that the property violations began in early 2006, and a notice of violations was sent to NCM on June 14, 2006, which was ignored.

A similar lawsuit, with the same counts, was also filed by the district against John Cook, of Venus, for property located in Highlands Equestrian Estates. The lawsuit seeks to recover penalties and fines that went unpaid, some of which could have reached up to $10,000 per day.

County seeks waterways plan

Sun staff report

8:32 am, September 26, 2007

Public meetings will be held in October to present recommendations about Alachua County's master plan for the area's waterways, county officials announced.

The goal of the plan is “to insure that the county's natural water resources continue to provide enjoyable and productive experiences for residents, recreational users and commercial users” and “to provide a blueprint for safe and sustainable use of the waterways now and in the future,” the county reported. Following the hearings, a final report will be given to the County Commission in November.

The draft plan for waterways was developed by a team of consultants from the University of Florida.

Dates and locations for the upcoming meetings are:
• Oct. 4 from 6:30 to 8:30 p.m. — Hawthorne City Hall, 6700 SE 221 St., Hawthorne.
• Oct. 8 from 6:30 to 8:30 p.m. — Downtown Alachua County Library, 401 E. University Ave., Gainesville.
• Oct. 13 from 1:30 to 3:30 p.m. — Davis Center, Santa Fe Community College, 17500 SW Archer Road, Archer.
• Oct. 30 from 6:30 to 8:30 p.m. — Trinity Episcopal Church, 204 Highway 26, Melrose.

'Concurrency'
Hey, that's just a fancy word for 'cooperation'

David Donald
Staff Writer

Thursday, September 27, 2007

Cooperation is always a good thing. And in this case, cooperation may benefit drivers.

Metropolitan Planning Organization board members gave the go-ahead for staff to work with local governments on a transportation concurrency interlocal agreement.

Those are $2 words for better roads, better planning, better intergovernment cooperation and maybe even better mass transit.

"No more of the worry of what's my neighbor doing," said MPO Executive Director T.J. Fish. "Nobody in the state ... has been able to bring together a two-county transportation concurrency system."

"Concurrency" would require a solution to anticipated traffic before developments are approved.

If finalized, the system would allow the MPO to identify the heavily congested roads and areas of growth throughout Lake and Sumter counties, 14 municipalities in Lake and Wildwood in Sumter. The result will be a report a county or city can use to make an educated decision before approving additional residential or commercial growth.

"(Roads) affects all of us," said MPO Chairman and Minneola Mayor David Yeager. "It doesn't make sense for everyone to do their own deal." He said the MPO plan is "just another tool in the toolbox to make it all work."

In the past, municipalities approved developments without knowing what their neighbors were approving, Fish said.

For example, a development approved by Leesburg could bring more cars to U.S. Highway 441, backing up traffic into Fruitland Park. Without knowing what Leesburg approved, Fruitland Park approves a development.

The two developments combined would bring unanticipated gridlock to Hwy. 441.

If the MPO report was completed and in use, Fruitland Park would be aware of the Leesburg's plans and both the MPO and Florida Department of Transportation could make necessary road improvements in anticipation of the growth.

"Never before have any of our local governments been able to truly see the big picture ... of our transportation system," said Fish. "By having everyone under a master system we'll all be on an even playing field."

CSX to Pursue Impact Review for Planned Hub

Sen. Paula Dockery voices displeasure at meeting about lack of early details.

By Diane Lacey Allen
The Ledger

Lakeland Reporter
Dept.: Metro Desk
(863) 802-7514
diane.allen@theledger.com

LAKELAND | CSX has decided not to seek a predevelopment agreement regarding its proposed rail hub in Winter Haven, which might have allowed some construction to begin on the controversial project.

Instead, CSX will begin the development of regional impact review process with a preapplication meeting Oct. 15 in Winter Haven.

Tom Pelham, secretary of the Florida Department of Community Affairs, told an audience made up of representatives from around Central Florida about CSX's decision Wednesday during a meeting at Lakeland's City Hall.

Flanked by state Sen. Paula Dockery, who asked him to come to Lakeland, and Mayor Buddy Fletcher, Pelham listened to a parade of presentations and speeches about the possibility of increased truck and train traffic from CSX's project.

Pelham reassured the audience that although the CSX complex would be within Winter Haven's boundaries, the city is not the "overseer" and that ultimately the Department of Community Affairs will review the project.

CSX plans a massive rail transfer center in Winter Haven. The combination of the new hub and a shift in rail lines is expected to bring more trains through downtown Lakeland.

After spending millions to improve its core - and with a residential housing project on the horizon - Lakeland officials and businesspeople have been up in arms about the possibility of an increased number of trains bisecting downtown.

County, civic and city officials have been pushing for a full DRI review, which is designed to look at a major project's regional impact on communities and infrastructure.

But while there was little new information during the meeting, Dockery voiced her displeasure about the lack of details early on.

Dockery said she spent more than a year trying to get information from the Department of Transportation and finally got specifics after putting in a formal public records request. "I've only recently become familiar with this project," Dockery said.

She said the reason for the limited knowledge was that the project has "been done behind closed doors."

Dockery was particularly blunt to David Dickey, Winter Haven's community development director, regarding how his city has handled the proposed CSX hub.

"This project has been well publicized," Dickey said.

Dockery, who opened the meeting saying she was pro-rail, said she "would differ" with his assertion.

"A good project will withstand scrutiny…," Dockery said. "We wish you well, but we want to make sure all of these impacts are considered."

[ Diane Lacey Allen can be reached at diane.allen@theledger.com or 863-802-7514.]

Forest trail proposal draws fire

By Bruce Ritchie
DEMOCRAT STAFF WRITER

Vehicle users aren't the only ones questioning a proposal to establish vehicle routes within the Apalachicola National Forest.

Environmental groups also are raising concerns about the U.S. Forest Service proposal to restrict off-road vehicles to 142 miles of off-road trails, according to a Tallahassee Democrat review of comments on the plan submitted by nearly 100 people. Licensed vehicles would be restricted to numbered roads.

Forest managers say vehicles have created a maze of trails that damage forest vegetation and the shallow ponds that are home to rare amphibians. The Forest Service in 2005 adopted a nationwide rule restricting vehicles to roads and designated trails. The agency soon is expected to announce the trails designation in the Apalachicola National Forest.

Some vehicle users who commented said the proposal provided too few trails or led them down dead-end routes. They also complained that the forest area east of Springhill Road was closed, including a favored sand pit south of Tallahassee.

But environmental groups say the proposal still allows too much access in the Munson Sandhills southwest of Tallahassee. The groups also say they're concerned vehicle users will go off designated trails because there aren't enough forest police to enforce the restrictions.

"We want to work with the groups to make it (legal vehicle use) happen, but we are very concerned," said Todd Engstrom, chairman of the Friends of the Apalachicola National Forest.

Under a preferred alternative, licensed off-road vehicles would be restricted to 1,606 miles of numbered Forest Service roads, including some existing vehicle trails that would be redesignated. Motorcycles would get exclusive use of 55 of the 142 miles of trails. An additional 12 miles of bicycling trails would be provided.

Environmental groups say they're glad the agency is scaling back vehicle access, but they're concerned that the rules can't be enforced. The groups, including The Nature Conservancy and Friends of the Apalachicola National Forest, said vehicles should not be allowed in the Munson Sandhills or near Fisher Creek along Springhill Road.

"We continue to believe that the Sandhills are too limited in area, too ecologically valuable and too sensitive to be given over to any motorized vehicles," The Nature Conservancy wrote.

Forest Service spokeswoman Denise Rains said the agency defines the Munson Sandhills as lying east of Springhill Road, where no motor vehicle trails are proposed in the preferred alternative. In the other sand hills west of Springhill Road, trails are proposed only in areas where Fisher Creek and ponds can be avoided, she said.

There are two law-enforcement officers in the Apalachicola National Forest, which covers nearly 570,000 acres in four counties. The Forest Service will work closely with law-enforcement agencies and vehicle users to prevent damage, Rains said.

"We do feel confident the majority of people are interested in being law-abiding and following the rules," she said.

The Forest Service within the coming week is expected to announce its decision on designated trails.

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

Bacteria Found At 3 Local Beaches

The Tampa Tribune

Published: Sep 27, 2007

County health officials on Wednesday discouraged swimming at three west Pasco beaches because of high levels of bacteria that can make people sick.

The Health Department issued advisories for Oelsner and Brasher park beaches in Port Richey, and for Robert J. Strickland beach in Hudson.

Based on Environmental Protection Agency standards, all three swimming spots were rated poor for the presence of enterococci bacteria.

Enterococci and fecal coliform are enteric bacteria that normally inhabit the intestinal tract of humans and animals. The presence of enteric bacteria is an indication of fecal pollution, which may come from stormwater runoff, pets and wildlife, and human sewage.

If they are present in high concentrations in recreational waters and are ingested while swimming or enter the skin through a cut or sore, they may cause disease, infections or rashes.

Bacteria levels usually are highest after rainstorms, when runoff from roads and houses pours into the Gulf of Mexico. It is thought that the numerous inlets and shallow water of Pasco's beaches contribute to prolonged contamination because there are limited opportunities for water to circulate.

Since July 2000, the Pasco County Health Department has sampled water every two weeks - and weekly since August 2002 - at seven sites through the Healthy Beaches Monitoring Program, designed to determine whether Florida has significant coastal water quality problems.

For information, call the department at (727) 841-4221 or visit the state Department of Health online at www.doh.state.fl.us.

Sea life dying as red tide grows

By Dana Treen,
The Times-Union

Nassau County lifeguards hoisted red warning flags Wednesday at beach parks as a second wave of dead sea life washed up on shore, likely killed by an algae overload known as red tide identified in the waters.

Dead fish also washed ashore Wednesday at Huguenot Memorial Park in Jacksonville, where people complained of mild respiratory irritation, according to a news release from the city. Water samples have been sent to a state lab.

Researchers from the Fish and Wildlife Research Institute in St. Petersburg have identified medium concentrations of red tide in water samples from Fernandina Beach and low to medium levels in Amelia Island samples. Results of the Duval County tests are not yet available.

It was the first outbreak of red tide in the area since 2002, and thousands of fish have already washed ashore.

"I don't know if we are dealing with a couple-of-days scenario or a week-long scenario," said Daniel Salmon, Nassau County's director of parks, recreation and ocean rescue.

Salmon said he saw a dead turtle on the beach, as well as large red bass and a stingray he estimated at 100 pounds.

Beach-goers also were experiencing scratchy throats and eyes and near the water.

"There is definitely an irritation when you get out of your vehicle," Salmon said.

He said the fish were already dead when they reached shore and had begun to decompose. He said his primary focus now is how to remove the two days' worth of carcasses.

Wednesday morning, lifeguards in Nassau County put out double red flags at three parks to warn people to stay out of the water. Later in the day, the county's Health Department issued a health advisory.

"I think the double red flags will fly until we get some notification from the health department that the current issue is over," Salmon said.

Health department spokesman Wade Sparkman said the advisory will be in effect until the tide dissipates.

Jacksonville Beach lifeguard George Paugh said he and co-workers at the beach were experiencing coughs and irritation Wednesday morning.

"Each one of us is coughing a little bit more," he said.

Red tide makes sporadic appearances in the area, reaching around from the Gulf of Mexico, where it is more prevalent.

Symptoms of respiratory irritation may persist while beach-goers are near the shore, the Nassau County health advisory said. Those with such problems are advised to stay away from the beach areas. The symptoms usually go away once a person leaves the beach area. Those living in beach areas are advised to close windows and run air conditioning.

Wendy Quigley, a spokeswoman for the state Fish and Wildlife Research Institute, said it is not known how long the red tide may last but that monitoring will continue at least on a weekly basis until it dissipates.

"Red tide does not normally occur in Northeast Florida," Quigley said. "The bottom line is it has to do with the transport of the organism."

Red tide outbreaks have occurred in Northeast Florida in 1972, 1976, 1987, 1999 and 2002, Quigley said.

"Unfortunately, red tide is not something that we can predict, " she said.

Quigley said the duration of a red tide can vary widely and that outbreaks can be patchy. The microscopic organism contains a toxin that breaks open and can be carried by sea spray.

No evidence of red tide had shown up in St. Johns County Wednesday, said Dave Williams, chief of beach operations.

Williams said if current winds from the northeast persist, it could cause a problem, though.

Quigley said a combination of wind direction and water currents such as the Gulf Stream are primary factors in how and where the red tide organism is moved.

"That 1987 bloom went as far north as North Carolina ," she said.

dana.treen@jacksonville.com, (904) 359-4091  

Land of uncertainty\

20 percent of Lee County land is currently restricted. Is it bureaucratic ruse or sound policy?

BY EVAN WILLIAMS I ewilliams@florida-weekly.com

I n 1989, former Lee County commissioner Charles L. Bigelow received a phone call from friend and colleague Tom Pelham. Back then, Pelham was the head of the Florida department that managed growth and was pressuring counties to plan for the future. They agreed on a compromise, which may have helped protect Lee County from developing visions of an urban nightmare - endless rows of grey rooftops and gassy factory smoke beneath a sickly yellow sky; questions like "What exit are you from?" Or it may have been something else altogether: simply, the beginning of a long, messy geopolitical imbroglio.

Maybe both. 

"You could probably call Charles Bigelow the father of DR/GR" Tom Missimer said. Missimer has a PhD in geology and specializes in hydrology, the study of water, and has been involved with the DR/GR before it was so named, in a 1973 U.S. geological survey, as the well as drilling some of the initial test wells there stands for Density Reduction/Groundwater Resource. It is the 96,000-acre patch of land, located mostly east of I-75 and south of State Road 82 (and partially in North Fort Myers). It is purportedly reserved to help contain urban sprawl and protect natural resources, most importantly, water; Missimer claims that's only partially true, saying both newspaper and television media made an "urban legend" out of the DR/GR.

"(County planners) sat down with a map and a pen, and the boundaries were set nice and square," he said. "They weren't based on land use or water. There just happened to be empty land there. The way they would justify these areas was as a water resource. They retroactively adopted four studies that backed up the science of it.

"To this day, I wonder whether the whole crisis was sort of artificial."

The name of the land itself is misleading, Missimer said. The term "Density Reduction" was thrown in as a sarcastic remark at a county commission meeting as the DR/GR was being planned. It stuck, he said, giving the area a greater significance than it deserves. The term "Groundwater Resource" was the excuse the county used for making the restrictions on that particular land sound politically legitimate.

"This is one of the oddest situations you'll probably ever find in land use," Missimer said.

Pelham, who was reappointed this year by Gov. Crist to again lead the state's growth management department, had explained in that 1989 phone call to Bigelow that he was suing Charlotte County officials for over-developing. Because of the lawsuit, he said it wouldn't make political sense for him to turn around and agree to let the same thing happen in Lee County that he was suing the neighbors for.

In addition, the state of Florida was putting pressure on the county to lower the density of population growth, threatening a moratorium on any and all building, which would last for one year.

The compromise those commissioners made involved keeping a specific area of Lee County from being developed with any more than one house for every 10 acres of land (instead of the originally agreed upon one to one ration), and allowed for agriculture, mining, and limited commercial development on that land.

"I conceived it," Bigelow said, thinking of the phone call he received 18 years ago and what it led to.

Over the years, and in spite of some intentions otherwise, the county initiated and approved development in the area. For example, Florida Gulf Coast University was built within it. Also, the university is located in a spot already pressured into higher concentrations of development, Bigelow said, because it sits where I-75 runs closest to the Gulf of Mexico, compressing any residential and commercial growth - including the University and all the roads, shopping malls, movie theatres, dormitories and housing complexes which flow from it - into a narrow corridor.

But there was always pressure to develop. The reason?

"Sunshine," Bigelow beamed.

A report by The Estero Council of Community Leaders in May 2006 alluded, in its own, bureaucratic manner, to the sunny appeal Florida holds for multitudes of ageing northerners: "The need for density reduction stems from the pre-platted community development escapades of the 1950s when the developers of both Cape Coral and Lehigh Acres sold hundreds of thousands of smalldown payment, quarter-acre retirement lots to persons around the world."

A recent study performed for Lee County by Van Buskirk, Ryffel and Associates, Inc. summarizes the situation as follows: "In 1994, Lee County had 237,818 vacant

platted lots, the highest of all counties in the state of Florida. As a result, Lee County contains two of the largest lot-sales communities in the nation (Lehigh Acres and the City of Cape Coral)."

One statistic says one in every 500 people in the United States live in Lee County.

"Lehigh Acres changed the drainage pattern north of State Road 82," Missimer said. "Permanently."

The rooftops of Lehigh Acres platted lots appear in the northern edge of aerial photographs of the DR/GR provided by Passarella & Associates (a team of ecologist, biologists, environmental consultants and technicians); large portions of the 96,000 acres are studded with what appears to be lakes (mines), or rows of notches (citrus groves).

Don DeLisi, a land planner who formerly worked for the Bonita Bay Group, uses these aerial maps to help plan development in a 4,000-acre section of the DR/GR located in Bonita Springs.

"Most of the existing state of the DR/ GR has already been impacted in some way," DeLisi said. "Our goal as planners is to figure out what areas are still pristine, and how to save and preserve those areas. From a Bonita Springs DR/GR standpoint, there's almost nothing with any value in its current state. There's nothing pristine about this area."

In fact, Cypress Trees and Pines were logged very early on there, as soon as the railroad came through in 1903. Most of the trees were removed by the 1920s or 30s. Aerial photos of the land from 1944 reveal that ditching and diking of Lee County land, for agricultural purposes, had already begun, Missimer said. By the 1980s and 90s, residential development was creeping into the area as well.

DeLisi pointed to areas on the map where a mobile home park had been built, where wetlands had been overrun by exotic plants like Melalueca and Brazilian pepper, and citrus groves and mines had visually changed the appearance of the land.

But that mining is necessary, Missimer and DeLisi agree, because it supplies the county with local, high-quality aggregate, crushed stone and sand mined and processed for construction of roads, bridges and buildings.

"There is compatibility between mining and water supply," Missimer said. "When you leave the mining site, that hole fills up with water. The water doesn't just go away. The issue is, what do you want to have left, at the end? Even with mining and agriculture, you could have a very fine environment,"

The widening of I-75 and State Road 82, as well as the airport runway expansion, depends on rock coming from those mines, DeLisi added.

"No matter what we do we need to widen State Road 82 and I-75, and widen the runways at the airport, so we're going to need that rock," he said. "If our approach is to just never widen roads, we're going to have a really lowered quality of life."

In addition, if selective parts of the DR/GR are not developed into residential communities, so as to take the pressure off other areas, DeLisi said it will create urban sprawl - the very thing the DR/GR was supposed to protect against. Take Lehigh Acres, for example.

"It is mass low-density, singly-family units with very few areas of service and everyone needs to go to State Road 82 or Colonial Blvd. to get to shopping malls or places of employment," DeLisi explained, also noting the way that community was built, has wiped out the environment there and created traffic congestion.

Bigelow, DeLisi, and Missimer agree that the county must prepare a comprehensive plan that will involve a compromise with solutions such as these: saving the lands that are still pristine, developing on the lands that are not, recreating as much of the natural environment as possible, mining in limited areas and in the most environmentally friendly ways possible, and accepting the realities that some development and its inconveniences (trucks filled with rocks, impassable roads, the sound of a drill on cement) are necessary.

"Who are the real stakeholders?" Bigelow asked. "Is it the landowners, the developers, or all of us?"

Last Tuesday, county leaders voted to put a one-year moratorium on mining and any zoning changes in the DR/GR.

"If I was a betting man, I'd think the state is going to take real exception to that," Missimer said, adding that "water flows down hill, except during zoning hearings."

County Commissioner Chariman Bob Janes said the area was suitable for multiple purposes, and that the one-year moratorium would give everyone time to think about what those purposes are.

"The [rock mines]," he said, "are a tremendous asset that there is a scarcity of and that we need. Once those natural resources are gone, they're gone."

Leaders have also taken actions towards providing a comprehensive plan for the area. They recently hired an impartial team of professional researches, ecologists and hydrologists to conduct studies of the area.

An 80-page summary review of the report that team prepared summarizes the findings and reassures just how impartial the studies were, and how detached the facts are from the realities of government planning.

The opening pages are filled with disclaimers about the report's unbiased nature. It is a "scientific study, not a planning policy document," the contents of which are available only for "possible consideration" by Lee County staff.

The report also says that in the absence of sufficient information on some topics, one of which is the "ecological impacts associated with mining activities," it declines to say whether they are "important for the future management of DR/GR lands in southeastern Lee County."

On page 4 it lists all the things it is not intended to do: create public policy, provide DR/GR land with an environmentally holy status, offer opinions about whether or not it's appropriate to mine or build on the land, claim to know the "value" of the land, or provide any recommendations about what you should or should not do on it or with it.

But it is also, even if inadvertently, a compelling argument for the beauty of a delicately interconnected ecosystem. Consider the term "landscape mosaic," which the report uses to describe natures elegantly balanced backgrounds - now mixed with our own, sometimes less elegant, additions: mines, mobile homes, citrus groves, roads.

"The Florida black bear uses many habitat types," the report tells us atonally. "…such as pine flat woods, cypress swamps, and mixed hardwood-pine, but may travel to specific locations to feed on palmetto berries in the fall."

One study found that specific areas within the DR/GR are considered to be among the best remaining areas of pine flat woods in this section of Florida, but they are not currently protected by any laws.

"Most of the last remaining pines flat woods are north of Cape Coral," Bigelow said.

Another report, by the ECCL, gives a tour of where water flows through land in Estero, another instance of interconnectedness: "The Estero portion of the DRGR contains large wetland areas associated with a flow way that connects the Corkscrew Swamp Preserve to the Halfway Creek and Estero River flow ways that slowly transports rainwater from the interior under I-75 and through The Brooks, Coconut Point and between Marsh Landing and Fountain Lakes into Estero Bay. During and after heavy storms some of this water is diverted north into the Estero River through the Villages of Country Creek and through old Estero on its way to Estero Bay. Any substantial development east of I-75 in the present DRGR area may cause future flooding problems in some or all of these communities. In addition the Estero DRGR area provides habitat to many animal and bird species, several of which are protected by Federal law and County Codes. "

But things change, get older, fall apart to become new again. In the DR/GR, like anywhere, life goes on - until it doesn't.

"What do you want to have left, at the end?" Missimer had asked.

"Who are the real stakeholders?" Bigelow had questioned, having already come to the answer for himself long ago. "Is it the landowners, the developers, or all of us?

Deltona, County Council reach agreement on Osteen

Published 9-26-2007

By Al Everson
BEACON STAFF WRITER

One of Volusia County's Old Florida enclaves will look more like a city in the years ahead, based on a master plan now being formulated.

"The commercial-development piece is vital to the city of Deltona," said City Commissioner David Santiago, as he proposed designating lands along State Road 415 for commercial uses.

More than a year-and-a-half after they agreed to work together to design the future of Osteen, the Deltona City Commission and the Volusia County Council have come to a tentative agreement.

Professional planners working for both the city and the county will work out the details, and attorneys will draft a formal inter-local agreement.

The future look and character of approximately 4,000 acres will be affected: an area known for rich woods, lush meadows and grazing livestock sits amid an ever-expanding Orlando metroplex. Some of the land within the Joint Planning Area (JPA) is part of the Volusia Conservation Corridor, a series of environmentally sensitive tracts extending from Flagler County to the St. Johns River through the center of the county.

The leaders of Deltona and the county government, however, insist they want to protect the water-recharge lands and wildlife habitat, as well as preserve the rural lifestyle Osteeners cherish.

The past is prologue

As an unincorporated settlement, Osteen was subject to being absorbed by Deltona. Deltona's aggressive annexations of land considered part of the historic community prompted Osteen residents to appeal to the county government for protection of their area and way of life.

Deltona leaders claimed they annexed only those properties whose owners had asked to become part of the biggest city in the county. These "voluntary" annexations — in contrast to city-initiated annexations of parcels, perhaps against the owners' wishes — nevertheless troubled many Osteeners who felt their quiet country setting would be transformed into a bustling suburb with traffic-clogged streets and roads, high-density development, and shopping centers.

The county sued the City of Deltona in 2005 to overturn the annexation of 389 acres east of State Road 415.

The two-lane highway had become a sort of understood line of demarcation for Deltona's annexations. Rather than going through the expense of a protracted and bitter civil trial, the City Commission and the County Council agreed to try to settle their differences out of court. Leaders of the city and county sought to forge a joint planning agreement — called a JPA — for the Osteen area.

The Osteen planning process included surveying residents and property owners in the affected area. The survey showed most of the people in Osteen oppose urban development and annexation by Deltona, and county officials promised to honor their wishes.

"It was loud and clear that people out there want to keep their rural character, and they don't want urban sprawl," County Chair Frank Bruno said. "We want to protect and preserve the rural heritage of that area."

Can Osteen be saved?

To limit urbanization in much of the area, land uses will remain as they are currently, and their current densities — the number of homes to be allowed per acre — will be frozen. For example, if the land use allows for a zoning of A-1 (Agriculture) and one home per each 10 acres, that density will be retained, at least for the time being.

"What's to say it won't change in the future? They can come back and change the comp plan," Bruno said.

The "comp plan" is short for the comprehensive plan, which is the state-mandated growth-managment plan each county and city must prepare.

Comprehensive plans and any proposed changes to them must be reviewed and approved by the Florida Department of Community Affairs, the state agency that implements growth-management laws. Comprehensive plans are figuratively and literally the law of the land.

The Department of Community Affairs also reviews changes in comprehensive plans, and must approve the proposed changes.

Downtown Osteen?

To help formulate the JPA for Osteen, the county hired Land Development Innovations Inc., a Winter Park consulting firm.

LDI proposes to create a mixed-use zoning for some parcels along State Road 415. That mixed-use area would allow include apartments, condominiums, retail businesses, professional offices and even light-industrial or high-technology-oriented companies. LDI Planner Tracy Crowe said the development of this proposed commercial village would be carefully controlled.

"I don't want to see you guys end up with [State Road] 436 and all the curb cuts," Crowe said.

The mixed-use element would likewise have to be approved by the Department of Community Affairs.

City Commissioner David Santiago said "the commercial-development piece is vital to the city of Deltona."

To allay concerns about urban sprawl, Santiago, with the City Commission's approval, suggested Deltona would give up its plan to encourage commercial development to Enterprise Osteen Road.

Deltona Development Services Director Greg Stubbs also said Osteen could become a sort of downtown for part of Deltona.

"What the city of Deltona needs more than anything is places to shop, places to congregate and entertainment," Stubbs said.

Deltona wanted at least 188 acres set aside for commercial development, while the county proposed 62 acres of commercial, and the consultants wanted 41 acres. The exact number remains to be decided.

In addition, much of the future residential development in Osteen may involve clustering, or the close grouping together of single-family homes or multi-family units so as to provide more green space.

The details of the Osteen pact are yet to be finalized by the planning staffs of the Volusia County and Deltona. Once it is drafted, the JPA will be presented to the County Council and the City Commission for review and approval. Barring unforeseen developments, the Aug. 30 joint meeting of the county and city governing bodies was the last of many such gatherings.

Osteen residents wait to see

Some Osteen residents are waiting to see what the future holds for them.

"It's a better compromise coming from Deltona than I ever thought possible," said Cindy Grubbs, referring to the city's willingness to forgo some of its previously planned commercial development. "If they do it right, it can work. ... Obviously, I'd rather see it unchanged."

Don Sarles was more critical.

"I'm just sorry that Deltona has to go that far over to 415 when there is so much land to develop for commercial," Sarles said. "It's truly unfortunate that Deltona is finding the Osteen area the Big Apple to go and bite. There's other areas for Deltona to sprawl into."

- al@beacononlinenews.com

SMR chief raps county for 'anti-business attitude'

By STACEY EIDSON
seidson@bradenton.com

LWR developer vents frustration, accuses county commission chairman of stifling progress

No one would ever accuse Rex Jensen of being shy.

The president and CEO of Schroeder-Manatee Ranch was not pulling any punches while discussing his thoughts on local government's growth planning Wednesday at a Manatee Chamber of Commerce meeting.

During a presentation at the Lakewood Ranch Golf and Country Club, Jensen warned the audience that he could no longer bite his tongue regarding the "ineffective leadership" of some members of the Manatee County Commission.

Even if his statements could jeopardize the commission's approval of future projects submitted by SMR, Jensen said someone in the community needs to take commissioners to task.

"There was a time when I thought, 'If you have something in front of the county commission every day, I better keep my mouth shut,'" Jensen said. "You know what, I'm not going to anymore because I think we are headed over a cliff.

"What it boils down to is this anti-business attitude needs to change," he said.

Just last year, Jensen and Commissioner Joe McClash were caught in a battle of words over who should pay for improvements to State Road 64.

The argument began after McClash insisted that SMR was directly responsible for the traffic problems in East Manatee and accused the developer of not doing enough to relieve congestion. Jensen reminded the commissioner that SMR has invested about $80 million in arterial road construction.

"Our nearest house is 3.5 miles away from State Road 64," Jensen said. "And yet it is my fault that State Road 64 is a screwed-up mess."

The commission resolved the issue by agreeing to prefund the improvements to S.R. 64 so it could be completed earlier. The county will be reimbursed by the Florida Department of Transportation once the funding becomes available.

"We do have a problem," Jensen said, referring to the congestion on S.R. 64. "But roads clog because of population, not because of projects. The fact that I drew a paper plan does not put a person on a road."

Describing the presentation as a perfect example of Jensen's "immaturity," McClash said he has no desire to argue with SMR. He simply wants the developer to follow the county's existing land-use regulations.

"Unfortunately, Mr. Jensen wants to only think about his world and wants to develop properties outside the existing land-use laws," McClash said. "I'm very proud to represent the people's interest over a selfish developer's interests that is only looking at its bottom line versus the impact it has on people who live here."

In fact, commissioners were scheduled to consider changes to two Development of Regional Impact proposals for new projects by SMR this week, but McClash said the developer has postponed the discussion until October.

"Mr. Jensen can't meet the rules of development," McClash said. "It is evident in the postponement of two DRIs, because they can't work out the transportation requirements needed to allow those developments to move forward."

However, Jensen said the commission is stifling growth by requiring developers to wait to begin constructing new projects in the area until the S.R. 64 improvements are completed.

"About two or three weeks ago, the chairperson of the county commission lectured my planners and said, 'I hope when you come forward with your next DRIs, you won't ask us to permit you to develop until State Road 64 is actually finished,' " Jensen said. "That's two years from now. So I'm going to be on hold for four years."

If such a requirement is placed on SMR, Jensen said the county commission better be prepared for a fight.

"I don't know if I can take that lightly," he said, adding that is one of the reasons he is not afraid to speak out. "What am I going to do? Make someone who wants me to stop (developing) for four years mad at me? Is that going to make it any worse?"

Donna Hayes, the only county commissioner who attended Jensen's presentation, said she has always been supportive of new businesses moving into the area.

"I personally think we need to put more emphasis on making it easier for businesses to come here," Hayes said. "I think that takes some adjustments to our land-use codes because we can't afford to lose them. We are suffering right now."

Stacey Eidson, Herald reporter, can be reached at 708-7908.  

County builders ask for speedier permit processing

By MICHAEL D. BATES
mbates@hernandotoday.com

BROOKSVILLE — Scott Amundsen, president of Condor Pools, said he submitted a permit to the county Aug. 15 and more than two-and-a-half weeks later, the permit had not been processed.

That is unacceptable, Amundsen said. It is time, he added, for the county building department to get “back to the roots of working together with the contractor in these difficult times.”

Amundsen was one of a dozen area builders and contractors who showed up at Tuesday’s county commission meeting urging the board to speed up permit processing and improve communications between them and building department officials.

Hernando County , many said, is getting a reputation of being unfriendly to builders and that is harming the economy.

Building Director Grant Tolbert said changes are coming.

For example, he is banking on the county’s new code compliance meetings to help streamline the process.

Basically a revamped version of the old development review committee, the compliance meetings allow all county inspectors and building officials to be in the same room at the same time to answer questions and go over the contractor’s plan. The public is also invited.

Before, contractors had to meet separately with inspectors, which caused a lag in permit approvals.

County Administrator Gary Kuhl said efforts are ongoing to computerize the building department’s data bank, which would allow builders and contractors to track the progress and review the status of their permits.

Tolbert said he was also forced to reduce his workforce 25 percent because of the slowdown in residential housing. That meant his employees had to be cross-trained to deal with the increase in commercial permits, he said.

Add in the state changes to the building code — seven times in four years — and it creates a frustrating scenario for all parties concerned, Tolbert said.

County Commissioner Rose Rocco said there is a need for a simpler, streamlined method of working with people in the building department. She said she has received several customer-service related complaints.

“Communication has been a big part of the problem here,” Rocco said.

To that end, she asked Tolbert to report back to the board at a future meeting and chart the progress he has made in addressing the concerns.

Tolbert agreed to come back in 30 days to give the commissioners an update.

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

Manatee Building Department deficits nearly halt budget vote

Commissioners finally agree to limit subsidies to Building Department

By FRANK GLUCK

frank.gluck@heraldtribune.com

MANATEE COUNTY -- County commissioners angry about continuing deficits in the Building Department nearly brought the county's $587 million budget to a grinding halt Tuesday night, only days before the new fiscal year starts.

The commissioners, who were nearing a final vote on the spending package, instead threatened to veto it entirely unless there were immediate cuts to the Building Department or assurances that no property tax revenue would subsidize it.

In the end, commissioners backed down after agreeing to a compromise: The Building Department will receive a maximum $200,000 in property tax subsidies until the end of the calendar year.

After that, the department will have to pay for itself through the fees it charges.

The department is supposed to be self-supporting but is roughly $2 million in the red this year. Last year's budget imbalance was about $1.3 million.

"I just keep thinking about that $2 million and some of my constituents' requests," said Commission Chairwoman Amy Stein. "I'm just very, very disappointed, and I think a lot of taxpayers are very disappointed."

Building Department director Jim Lee has blamed the deficit on a sharp downturn in permit applications for single-family homes during the last year.

Stein and commissioners Joe McClash and Donna Hayes all threatened 'no' votes. Commissioner Carol Whitmore opposed the budget over an unrelated proposal to pay for more Sheriff's Office staff at the county jail.

Four votes constitutes a commission majority.

County Administrator Ed Hunzeker said a consulting firm will make recommendations in January on higher Building Department fees and additional department cost-cutting measures.

The study will cost about $20,000, Hunzeker said.

The commissioners' threatened budget veto provided a dramatic 11th hour ending to a difficult budget season for the county government's number crunchers.

Officials here, and elsewhere in the region, have long been used to increasing budget revenues.

But a continuing decline in the housing market and this year's state-mandated property tax cuts instead forced the county to cut $21 million in programs.

The county is sharply cutting back on planned new construction and is decreasing funding for most county programs, including the library, parks and mass transit systems.

The Sheriff's Office is the notable exception. It will see a $6 million increase in property tax revenue next year, primarily to pay for staffing.

But, even as officials complained that vital services were being trimmed too deeply, they have won little sympathy from residents who say they are still overtaxed.

A handful of landlords turned out for Tuesday night's budget hearing to complain about the rising cost of owning nonhomesteaded property.

Gerri Holmes, secretary of a local landlord association, said her property taxes have more than doubled during the last five years.

She said she knows five landlords who recently filed for bankruptcy and several others who are nearing financial ruin.

"Do I get more services than the homeowners do? No," Holmes said. "What I get is no respect."

County, Water District Are Right To Help Rivers

The Tampa Tribune

Published: September 26, 2007

Florida is more than sandy beaches, golf courses, Disney World and other attractions. The environment is as beautiful as anywhere in the country, and that includes Pasco County, with its rivers, salt marshes, lakes and thousands of acres of conservation land in public ownership.

Two of Pasco's most beautiful bodies of water are the Anclote and Pithlachascotee rivers. But development along stretches of both in west Pasco have degraded the scenic beauty and resulted in increased stormwater discharges and nitrate levels.

Fortunately, county government is continuing to step up its environmental awareness and plans to partner with the Southwest Florida Water Management District on a project properly entitled the Pithlachascotee Anclote Conservation Effort, PACE for short. The purpose is to study the feasibility of diverting excess flows, or floodwater, from the rivers onto the Serenova Preserve, Starkey Wellfield and other adjacent lands.

If doable, the project could result in numerous benefits to these watersheds - including reducing flooding down river, improving water quality significantly and restoring wetlands. It would be a win-win for the environment and residents.

The budgeted cost for this initial engineering phase is $500,000, and the two entities will split the cost. It's a very fair arrangement all the way around.

It's extremely sad that development has been detrimental to the rivers' health, but at least the water management district, which has no control over municipal and county growth policies, has correctly made it a priority to address adverse impacts. Pasco County government, despite past development policies, is right to help, especially when it comes to the Pithlachascotee, also known as the Cotee.

The Cotee begins in the Crews Lake area near Shady Hills, where the county has a park. The county also purchased 111 acres of environmentally sensitive land for preservation along the upper river as part of its environmental land acquisition and management program funded by the Penny for Pasco sales tax. So, the county definitely has a stake in protecting the blackwater river, which flows into the Gulf of Mexico.

To gain a better appreciation of the river and the area's environment, residents should check out the water management district's Web site for a tour of the Springs Coast Watershed, of which Pasco is part. The address is www.swfwmd.state.fl.us/education/ interactive/springscoast/intro.shtml. It's Florida at its best.

I'd like to know what Chris Carson had been smoking before he spoke at the council meeting.

DeBary: Marina could help manatees

Rachael Jackson

Sentinel Staff Writer

September 26, 2007

The city of DeBary today will defend plans for a disputed marina that opponents say would put manatees at risk and damage a sensitive area of the St. Johns River.

Putting the marina in a delicate stretch of the St. Johns actually may help the slow-moving sea cow, some City Council members said Tuesday.

"I think this is better for the environment," council member Chris Carson said. "When people are using the water, they're taking better care of it."

That made attorney Michael Woodward chuckle.

"Yes, and trees cause pollution," said Woodward, who is representing environmentalists in today's hearing.

Woodward explained that three-quarters of manatee deaths in this part of the state "are caused by interactions with boats.

"The more boats you put in the water, the more manatees are going to die. Period."

Those widely divergent views illustrate why a judge has been called in to help decide the fate of the project. Proponents say the development will be a boon to the community, while others worry about its potential damage to the environment.

The state Department of Community Affairs, which must approve all land-use changes, filed a legal challenge against the city, saying DeBary's plans conflict with state laws aimed at protecting a sensitive portion of the river.

City Council members said they supported the project because the developer, Naples-based St. Johns Partners, promised to install drinking-water and sewer lines for an existing neighborhood, pave Fort Florida Road and preserve about 200 acres of the 330-acre development.

DeBary Mayor George Coleman said residents are most interested in the upgrades.

"They don't necessarily want to have the marina," he said. "They want the fresh water and such that that would bring in."

City Council member Jack Lenzen thinks extra docks might even be helpful for manatees.

"The last time I checked, docks do not kill manatees," Lenzen said, adding that manatees might find refuge around them. "If anything, they provide safety for them."

DeBary and the state have spent weeks trying to reach a settlement over the development on St. Johns River in an area known as Wekiva River Aquatic Preserve. But negotiations broke down Monday, leading both parties to the hearing, which could take up to three days.

The judge could take months to make a recommendation, which eventually goes to Gov. Charlie Crist and the Florida Cabinet for approval.

Lenzen said the town is being unfairly singled out because abundant boat traffic already comes from boat ramps in other areas. By his estimate, thousands of boats pass through the area on peak weekends. An official estimate was unavailable Tuesday.

"There's boats parked all over the property," he said. "They're literally camping on the bank."

During the past few weeks, DeBary and the DCA's negotiations have hinged on the number of docks that would go along with the development. The commercial marina, which called for 200 dry-storage slips and 50 wet slips, was dropped, and the two sides were debating whether private-property owners would retain the right to put in their own docks, which would have allowed for a maximum of 60 docks.

At the hearing today, DeBary will push for the marina. The plans also call for 250 upscale homes, a restaurant and yacht club. The hearing will be at 9:30 a.m. at Florence K. Little Town Hall, 12 Colomba Road, DeBary.

Rachael Jackson can be reached at rjackson@orlandosentinel.com or 386-851-7923.

Panel OKs Raising Lake Hancock

By Tom Palmer
The Ledger

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

BROOKSVILLE | The latest step in a $220 million ecological restoration project that would bulldoze 33 homes and flood 2,000 acres along the shores of Lake Hancock and Saddle Creek to keep the Peace River flowing was approved Tuesday by regional water officials.

The Southwest Florida Water Management District's governing board unanimously voted to raise the level of the 4,519-acre lake at the headwaters of the Peace River and to spend the money to condemn land needed to do it.

Specifically the project involves rebuilding a control structure south of the lake, which would raise the lake's maximum level from 98.7 feet to 100 feet above sea level, returning the lake to its historic level.

The approval to purchase homes and land reflect the fact that the higher lake level would mean a more extensive flood plain covering land now occupied by the homes and other private property.

Florida law requires public agencies to compensate property owners for the damages such projects cause.

Similar buyouts have occurred in the Kissimmee River restoration.

The result at Lake Hancock would be to allow water managers to store more water to release to the Peace River to help to meet state-mandated minimum flow, providing 16 million gallons a day of aquifer recharge through sinkholes in the river bed and to restore 1,000 acres around the lake.

"This project is critical," said Mark Hammond, Swiftmud's director of resource management.

Hammond said the Upper Peace River - especially the section around Fort Meade - often doesn't meet the minimum flow set in 2002 as required by a 1972 state law that water managers had been slow to enact.

The minimum flow at Fort Meade is 27-cubic-feet per second. On Tuesday, the flow was 20-cfs, according to the U.S. Geologic Survey gauging station.

The river's flow problems are the result of decades of overpumping from the aquifer that has lowered the area's water table.

However, Hammond said Swiftmud officials concluded that reducing water consumption to the extent needed to reverse the river's decline is economically impractical, so the Lake Hancock project is their backup plan.

opposition heard

Tuesday's vote, which caps five years of discussion, did not occur before board members heard from some of the homeowners affected by the project.

"I haven't watered my yard in years and my reward is to lose my house," said Margie Griffin, one of the homeowners who will be displaced. "I'm trying really hard not to cry."

Emmett Griffin, her husband, said he was upset, too, and skeptical of the project.

"I personally hate all of you," he said.

Griffin told board members he didn't think the project would work because there would be no water in the lake during dry periods to send downstream to supplement flow in the Peace River.

"Lake Hancock is a wet-weather lake," he said.

Board member Neil Combee from Lakeland, a former Polk County commissioner, said he disagreed with Griffin's assessment.

"You can see where the lake once was," Combee said.

Combee said he was not happy having to displace people from their homes, but he said the agency was operating under state mandate to restore the river's flow.

"We have to do something," he said.

Hammond said the Lake Hancock project will provide half of the water needed to supplement the Peace River's flow.

He said the rest will come from projects to store water somewhere along Peace Creek, which joins Saddle Creek south of Lake Hancock to form the Peace River, and from plans to store water along the river in mined phosphate lands.

starting date

The decision to proceed with the project comes after Swiftmud officials passed a major stage in the project earlier this summer, which was a sign-off from the Florida Department of Environmental Protection that the agency's application is complete.

Hammond said construction of the project is tentatively scheduled to begin in 2009 and will be completed in 2011.

Although board members voted to allow staffers to proceed with the project, they made it clear Tuesday they want to be kept up to date.

Board member Heidi McCree said she wants to make sure the project continues to be worth the cost and asked whether it can be shut down if it turns out the costs outweigh the benefits.

"If we get to any point where it's unmanageable, we'll be back," Hammond said.

McCree said she'd like to see monthly reports. Fellow board members did not object.

All land purchases on this or any other project come before the board for action.

Although the Lake Hancock project was the most visible part of the Peace River restoration, it was not the only one to draw criticism.

Swiftmud officials also included in next year's $395 million budget a plan to spend $158,327 to study the feasibility of damming off sinkholes in the river bed to reduce the amount of water flowing into the aquifer during dry periods so that the river will continue to flow even during droughts.

Sierra Club activist Marian Ryan criticized the proposal in a letter to the governing board.

She said the money would be better spent finding more ways to store water in lakes and wetlands in Polk County.

Lake Worth to review reef dumping plan

By NICOLE JANOK

Palm Beach Post Staff Writer

Wednesday, September 26, 2007

LAKE WORTH — A controversial plan to dump reverse osmosis concentrate near a pristine coral reef will again be reviewed by commissioners in a workshop meeting tonight.

For five years the city has been working with the Department of Environmental Protection to get a permit to use an old sewer outfall pipe to dump nutrient-laden concentrate near Horseshoe Reef, about a mile off Lake Worth Beach.

That has drawn concern from coral reef experts, scientists and divers. Earlier this month, Utility Director Samy Faried told commissioners that the DEP will not issue the controversial permit.

The city has spent about $15 million drilling the wells and building the water plant for the process, which draws from the deeper Floridan Aquifer and uses a desalinization system to purify the water.

Commissioners must decide whether they want to continue with the reverse osmosis plant and use an alternative disposal method for the concentrate, such as a deep-well injection. Another option that could be even more costly is to abandon the reverse osmosis system and purchase water from the county.

In order to purchase water from the county, expensive underground piping would be required to connect the city to the county water lines.

"The early numbers we're hearing from county are not promising," Mayor Jeff Clemens said.

"We've already spent a significant amount of money working toward the RO (reverse osmosis) plant."

Commissioners also will discuss a lease agreement with Florida Municipal Power Agency to add two natural gas generators that will generate power for FMPA, which is the city's power provider.

The new generators will be paid for and maintained through FMPA and will provide a backup system for the entire city in the event of a major outage.

"It's certainly important that we have some sort of redundancy," Clemens said.

But Commissioner Cara Jennings criticizes the generators because they are not a sustainable energy source.

"In general, I'm opposed (to the generators) due to the environmental impacts it will have on our city," she said.

Local investment company wins shot to run Cypress Gardens

By Daniel Prekopa

News Chief staff

WINTER HAVEN - With Tuesday's announcement about a pending new ownership, one question about Cypress Gardens Adventure Park has been answered, but with that answer, other questions arise.

Land South Holdings LLC, a Mulberry-based real estate investment company, was the winner by default in a one-day bankruptcy auction for the historic, 71-year-old Winter Haven theme park.

Land South placed a $16.8 million bid for the park on Sept. 14, and Tuesday it was accepted, according to Ward Stone Jr., a bankruptcy lawyer for current Gardens parent company Adventure Parks Group LLC of Valdosta, Ga.

Stone said other bidders had expressed interest in the park, but no one else followed through with an offer.

"I think it was pretty much delivered as advertised," Stone said of the auction.

A hearing to formally approve the sale of Cypress Gardens to Land South Holdings is scheduled for 10 a.m. Thursday in federal court in Columbus, Ga. The hearing is a formality, according to Stone.

Also sold Tuesday was Cypress Gardens' sister park, Wild Adventures in Valdosta. Stone said Wild Adventures was acquired for $34.5 million by Herschend Family Entertainment in Missouri. Herschend has entertainment interests in Branson, Mo., and it's the principal owner of the Dollywood theme park in Tennessee and the Dixie Stampede dinner theaters, one of which is located near Orlando.

According to its Web site (www.landsouthgroup.com), Land South Holdings LLC is a privately held investment company that specializes in large land acquisitions in the southeastern United States. Lakeland lawyers Brian G. Philpot and Robert F. Harper IV are the Land South Holdings founders, managers and partners.

According to the Web site, Philpot focuses exclusively on real estate as an operator, owner, investor and developer. He created his first real estate investment company specializing in timberland investment in 1999. He has a background in real estate law, growth management and land-use issues, market analysis and negotiation. A licensed real estate broker, he received his law degree from the University of Florida College of Law.

Harper has more than 17 years of experience in the real estate industry and started his own investment company in 1990. He has been involved in the acquisition of nearly 130,000 acres of timberland in the last four years. He received his bachelor of science degree in business administration from Middle Tennessee State University and is a director of Platinum Bank in Florida.

Former state Sen. Rick Dantzler, who spearheaded efforts to save the Gardens property from developers after the park closed in May 2003, said he knows both Philpot and Harper and is concerned about how they will manage the theme park.

"I have a hard time believing that Rob (Harper) and Mark (Philpot) want to operate a theme park, but maybe they do," Dantzler said late Tuesday afternoon.

Dantzler said he believes that for Philpot and Harper to be successful, they will need to find an operator with experience in running a theme park.

Dantzler, who is the son-in-law of Dick Pope Jr., the son of Cypress Gardens founder Dick Pope Sr., said he has not had any contact with the two attorneys since they placed their bid for the park, so he does not know what their plans are. He did say that they are capable of managing the park with the right support staff.

"They're bright guys who have done well," Dantzler said. "If (running the park successfully) can be done, they can do it."

Land South Holdings did not release a statement to the News Chief on Tuesday. Sara Sumner, the public relations coordinator with Adventure Parks Group, said she could not comment until she received statements by outgoing owner Kent Buescher and the new owners.

Question now involve what the future will hold for the park. Will the new owners continue the theme park direction the park has taken under Buescher or will they take it back to the way it was as primarily the botanical gardens and ski shows before its closing in 2003? Will the owners allow Buescher to have a significant role in the park's leadership, as he has stated he would like to do? And what will happen to the staff of Cypress Gardens after the sale is finalized by mid-October?

Land South Holdings released a statement after making its bid for the park on Sept. 14, stating why it made the offer.

"If our bid is successful, we will keep Florida's original theme park a locally owned and operated tourism destination," Philpot said in the statement. "For more than 70 years, Cypress Gardens has been an integral part of Polk County's landscape, providing millions of visitors with priceless memories and experiences. The park provides more than 600 jobs to our community and is a driving force in our economy again."

Polk County owns 30 acres of the park along Lake Eloise, Dantzler said in an earlier interview. The new owners must work out a lease agreement with the county regarding use of those acres.

Dantzler also said the state of Florida paid $11 million for the development rights for the other 120 acres of the Gardens during transactions with Buescher. He said that if a new park owner wanted to build a hotel, the owner would need the state's permission before the project could be done. But, if the owner wanted to add a restaurant or new ride to the park, it wouldn't need the state's approval.

After closing abruptly in May 2003, Cypress Gardens was purchased for approximately $7 million in 2004 by Buescher, the principal owner of Adventure Parks Group. Despite millions of dollars in additional investments, financial difficulties, most of them the result of three major hurricanes in 2004, forced Adventure Parks Group to file for bankruptcy protection a year ago.

Adventure Parks Group reportedly was $135 million in debt at the time of its Chapter 11 filing.

Dantzler said that under the new owners, he hopes the Gardens will remain the park it has been.

"Like all of us who love Cypress Gardens, we're all holding our breath," Dantzler said.

daniel.prekopa@newschief.com

Reversal stuns Venice hotel builder

By ZAC ANDERSON

zac.anderson@heraldtribune.com
VENICE -- It was a stunning setback for this city's biggest developer and a sign of the political times in a small town that many residents want to stay that way.

Just two weeks after the Venice City Council granted preliminary approval to developer Mike Miller to build a massive hotel-condo project near downtown, the City Council reversed course Tuesday, voting unanimously against the project.

Council members said they were barraged by phone calls and e-mails opposing their preliminary vote to allow two six-story and two five-story buildings. Around 100 citizens showed up at Tuesday's meeting to protest the hotel.

Limiting development has become a heated political issue here. Three City Council members find themselves challenged by slow-growth candidates in this November's election.

Most of the opponents said the Tra Ponti project -- on the island across Business 41 from the city's historic downtown district -- did not mesh with the character of an area where buildings are limited to four stories.

"Change it to three or four stories; that's been all the public comment," said council member Rick Tacy.

The council voted to hold a series of workshops in the coming months to determine what type of development is acceptable on Miller's property.

Miller was shocked by Tuesday's decision. He said he believed a compromise had been reached after an earlier, seven-story version of the hotel was shot down more than a year ago. Workshops were held after that vote.

"We've already had these discussions," Miller said. "I guess we'll go back and have them again."

Council members said that their decision was not about politics or the Nov. 6 election.

"People will say they're just delaying because they want to wait until after the election," said council member Bill Willson. "I don't shy away from anything, folks. We can talk about it today."

But Willson's challenger said the trio of slow-growth opposition candidates have helped change the political dialogue in recent months, rallying the public around issues, including a plan to build a hotel and marina development at Venice Municipal Airport.

The airport proposal was also dropped after strong public opposition.

Opposition candidate Ernie Zavodnyik said he thought that he and his peers had caused the council "to focus more on what kind of development this community really wants."

If money is any indication, the slow-growth crowd seems to have strong support.

Zavodnyik has raised $5,790 since August, more than any other candidate. Combined, the three main challengers have raised $12,930 compared with $8,450 for the incumbents.

Slow-growth movements have swept through Sarasota city and county elections in recent years, ushering in an assortment of candidates who have benefited from a backlash against the development boom in recent years.

Miller helped spark the current political climate in Venice. Opponents of new development often refer to the three nine-story condo buildings he began erecting on Venice island in 2001 as examples of overdevelopment.

Objection to the towers caused city leaders to revisit their height limits and give the City Council more control over development proposals.

The hotel-condo project Miller brought before the City Council on Tuesday would be next to the nine-story condos. Miller has argued that the land is too expensive to build anything smaller, and that the hotel project will stimulate Venice's downtown economy.

Now that the condo market has collapsed, Miller has little choice but to work with the city and public on an acceptable hotel project or hold the land indefinitely.

"I don't know if I can make it work at four stories, to be honest," he said. "But I'm willing to go through the process."

Tequesta condo plan failure irks developer

By JASON SCHULTZ

Palm Beach Post Staff Writer

Wednesday, September 26, 2007

STUART — A developer lobbed profanity at a Martin County commissioner Tuesday after he was forced to withdraw plans for his proposed Tequesta condominium project.

"Lee Weberman doesn't represent the property owners. He could give a crap about the public. He only cares about getting votes," said an irate Tim Doran, who proposes to build 63 condo units in the Little Club development.

Doran wants to build on the last 6.3 undeveloped acres of the development, which was originally approved in 1972.

Commissioners, including Weberman, pointed out several problems with the proposal that they said prohibited them from approving it.

The main problem, commissioners said, is that the land is allowed to have only 10 units per acre. Adding his 63 units, in addition to the 30 already there, would boost the density to 15 units per acre.

"You have to calculate all the units, not just the ones you want for the purposes of cheating the gross densities," Commissioner Sarah Heard said.

Weberman, who represents the Tequesta area, said the owners of Little Club condos are disputing whether Doran has the right to build the condo and a proposed road without their permission. They share ownership of Little Club's common areas.

Little Club residents bitterly opposed the new phase, saying it would overburden their pool.

Amid questions from commissioners, Doran withdrew his proposal. He angrily pointed his finger at Weberman and shouted profanities at him.

"I spent five years and $300,000 on this," Doran shouted. "Then out of the blue this comes up."

He said county officials had told him that he was complying with all rules until Tuesday.

Doran's attorney, John Young, said the county's action could force the issue into court.

"You can threaten to sue all you want," Commission Chairman Michael DiTerlizzi said. "You won't get any brownie points with me."

DiTerlizzi said Doran was free to fix the problems with his proposal and apply again.

The developer stormed out of the County Administrative Center.

"It's over, John (Young). It's over," Doran said. "I'm not going back in there."

Sumter shuts down big hotel project

Benjamin Roode

THE VILLAGES - Plans for a proposed large-scale resort hotel appear to be dead in the water.

Despite an application to shrink a proposed hotel and commercial venture by almost 25 percent, developers of the 550-room resort at County Road 466 and County Road 100 will probably have to start from square one if they wish to continue the project.

Sumter County commissioners voted 3-2 to deny the request by Brandeburg Development Group, Inc., to scale down their original 550-room proposal to 418 rooms and extend the time period they had to submit final engineering plans. Without approval for a change, the window to submit plans and continue the permit process closes Oct. 10.

Commissioners Michael Francis, Doug Gilpin and Garry Breeden maintained that the project was too big and would not serve any need for the residents of Sumter County. They also said they worried that the slow pace of the project - no engineering plans nearly one year after preliminary approval - meant there was a good chance the hotel would never be finished.

"To me, building a seven-story building in Sumter County goes against the idea of Sumter County being a rural county," Francis said.

"At this size, it's not good for this location," he added.

Developer John Brandeburg and planner Greg Beliveau touted the economic benefit of the project to Sumter County, arguing it would create jobs and improve the county's tax base. In fact, the two said they thought asking to reduce the scope of the hotel would help their case.

After the decision, Brandeburg reiterated his feeling that another large-scale center was needed in the area, especially to host charity and other large-scale events. The Villages' Savannah Center is very popular and sometimes hard to book for events, he said.

"It seems to me we'd be a great asset here," he said.

Last year's board unanimously gave the project the go-ahead.

Breeden and Gilpin were not on the board at the time. Francis said he voiced reservations at that meeting but voted with the group.

"I'm even more uncomfortable now," Francis said.

The time since that approval, however, has been filled with hurdles and misunderstanding for Brandeburg. The original size of the project caught the eye of officials with the Florida Department of Community Affairs who said it was a Development of Regional Impact, meaning it had to satisfy several state regulations. The reduced size of the application denied Tuesday by commissioners would have avoided the DRI status.

There also was a misunderstanding between the developer and the town of Lady Lake, which had agreed to provide water and sewer service to the hotel. Details regarding an existing agreement and impact fees were only just cleared up recently, which had stalled the engineering process.

Now, without the zoning change, the commercial plan for the project will expire Oct. 10 absent an engineering site plan - an entire year after the previous board of commissioners unanimously approved the venture.

Brandeburg did not say what he planned to do now that it appeared the process must start over.

"We have to look at our options," he added. "We're disappointed but upbeat."

Applicants can apply for deadline extensions for engineering plans. It was unclear, judging by the county's meeting schedule Tuesday, whether Brandeburg would have enough time to request an extension, said county planning manager Brad Cornelius.
Pioneer Trail/I-95 interchange remains in long-range plan

By BOB KOSLOW
Staff Writer

SOUTH DAYTONA -- A proposed Interstate 95 interchange at Pioneer Trail will remain a transportation priority unless an ongoing regional transportation study proves it's not needed, officials decided Tuesday.

Members of the Volusia County Metropolitan Planning Organization voted 16-2 to leave the interchange on the 2025 Long Range Transportation Plan and ranked sixth on a priority list for state funding.

The board of county and city elected officials, which oversees state and federal transportation spending in Volusia and parts of southeastern Flagler counties, will revisit the issue after a study of Southeast Volusia transportation needs is completed at the end of the year.

"It would be foolhardy to take this out of our long-range plans without the study results," said Volusia County Councilman Jack Hayman, who represents Southwest Volusia. "I am concerned about the residents along Pioneer Trail and Turnbull Bay (Road), but I cannot base a transportation decision because of one community. We need to take a larger holistic view."

The ongoing transportation study by Ghyabi & Associates is jointly funded by Volusia County, Port Orange, New Smyrna Beach and Edgewater.

An interchange in a rural area between Port Orange and New Smyrna Beach has been part of the Metropolitan Planning Organization's long-range plan since 1995.

However, ICI Homes' plan for the mixed-use Woodhaven project along the north side of Pioneer Trail and on each side of I-95 in Port Orange stunned nearby New Smyrna Beach residents and officials. The New Smyrna Beach City Commission in June asked that the interchange be removed to slow or stop the Woodhaven project from becoming a reality.

"If you put a major interchange in here with so much square footage of commercial, you know what will happen?" New Smyrna Beach Mayor Jim Vandergrifft asked. "It will look like Palm Beach to Miami. We don't want (Interstate) 95 dumping drivers into residential areas out there."

DeBary Councilman Danny Tillis backed Vandergrifft's request to pull the project from the long-range plan and priority list.

About 30 residents, many wearing bright yellow T-shirts printed with "Turnbull Bay Community Inc.," packed the board meeting to oppose the project.

"Turnbull Bay is a small, rural community of people who bought parcels so they would not be invaded by projects like ICI," resident Michael Feniello said. "We live out there for what it is and not what someone else wants it to be."

Residents also fear an interchange would prompt Port Orange to rezone nearby parcels for businesses that would hurt mom and pop shops in downtown New Smyrna Beach , reduce surrounding residential property values and spoil the rural quality of life. It also would threaten wetlands, flood plains and the nearby Spruce Creek Preserve, they said.

Port Orange City Manager Ken Parker and Mayor Allen Green said the interchange needs to remain in the long-range plan as an option to manage regional traffic because several county projects have been slowed or eliminated because of dwindling money.

"I am disappointed, but this is a long way from being over. It's a matter of educating officials," resident Noreen Brownson said.

bob.koslow@news-jrnl.com