Farm land is disappearing

Escalating land values entice land owners to sell out

By JOHN LAWHORNE

Charlotte Sun Staff Writer

You can e-mail John Lawhorne at jlawhorne@sun-herald.com.

Like much of the Southeastern U.S., Southwest Florida is experiencing a loss of agricultural land to the encroachment of land developers hungry for affordable property to develop.

DESOTO COUNTY -- Two acres of agricultural farmland in the U.S. are being lost to development every minute.

"Farm and ranch land is desirable for building because it tends to be flat, well drained and affordable," according to the American Farmland Trust, a nonprofit organization formed to stop the loss of productive farmland in the U. S. "And the rapid rate of agricultural land converted to development is unnecessary ... with our best agricultural soils being developed the fastest."

The disappearance of farm land is apparent in Southwest Florida: Urban and suburban communities have steadily encroached on what were once-productive citrus groves and pasture lands.

The first great impetus of rapid growth in Charlotte County was the Mackle Brothers -- later General Development Corporation -- which founded Port Charlotte in 1954. During the next 50 years, other developers built more communities. All that growth clobbered farm and pasture land and destroyed the rural nature of the coastal communities.

Eventually, demand for an affordable, rural lifestyle sent homebuilders and developers from the overcrowded and expensive coastal counties like Charlotte and Sarasota into the inland counties such as DeSoto and Hardee. The rush to convert agricultural land to residential and commercial was on.

As demand for developable land increased, prices went up.

Development seems now to be speeding up, and with that, the loss of agricultural land.

"Two years ago we saw our land values boom," said Ken Harrison, president of the DeSoto/Charlotte County Farm Bureau. "Everything was selling, with the final end use being residential housing. Land values went up, and an awful lot of it was speculators that were out ahead of the actual builders; they were trying to buy land with the purpose of reselling it, and a lot of agriculture land sold. At least in terms of ownership, it was converted from a true agriculture owner to someone else who had a more intensive use in mind.

"A lot of that land hasn't changed in use yet, but the owner has changed. It's no longer an agriculture owner. Now we're in a depressed part of the real estate cycle . . . the value of land has probably decreased some."

Hardee County rancher Barbara Carlton, who comes from seven generations of ranchers, has first-hand experience. Two years ago, the Carlton family sold its 5,700-acre 2 X 4 Ranch in DeSoto County to a developer who intends to eventually build a huge residential community.

Carlton noted there has been a steady migration from the coastal counties to inland rural counties. "Not only is property relatively cheaper inland," she said, "but inland sites are not as susceptible to storms."

Not everyone, however, is succumbing to the lure of fabulous offers by developers looking to acquire land.

Charlie Vann, 81, who lives on his Vann Bee Ridge Farm in Sarasota County, is hanging on to what's left of his farm. Thanks to his greenbelt classification, Vann, a retired railroad worker, still lives on his 10-acre farm in east Sarasota near Interstate 75.

"I've got the only farm left on my road," he said. He has been farming his land since 1973. He began with 40 acres, sold off half that, and then half that, and now has only 10 acres.

"Now I've got no place to raise animals. I'm surrounded," Vann said.

Would he sell out and find a more suitable place with fewer people?

"I'm not moving," he said. "I hope I'm here till my number's up."

Vann said developers used to come around and try to buy him out. None succeeded.

"I told them they didn't have enough money to buy me out. I finally weaned 'em. They hardly come around anymore."

In DeSoto County, Dick and Jan Harvin are living the good life.

They reside a few miles outside of Arcadia on an 100-acre spread at the end of a rural road, with 100 head of cows and two horses. But they are adjacent on two sides to land owned by investors and developers.

"What's happened all over the country," Jan said, "is that land prices have gotten so high, it's almost impossible for a young person to go into agriculture because they can't afford the land, plus the equipment."

Thirty-five years ago, Dick said, small acreages went for $600 to $1,500 per acre. "Now they run $20,000-$30,000 per acre."

Charlotte County is experiencing a similar loss of agriculture lands.

Mongi Zekri is a University of Florida multicounty citrus extension agent in Charlotte County who agrees that much agricultural land in Charlotte County has been lost, but he does not put all the blame on sprawl.

"We've lost a lot of citrus acreage, but it's difficult to determine the major cause," Zekri said. He attributed the loss largely to hurricane damage sustained by the county and to citrus canker. He said Charlotte County citrus production peaked in 2000, with almost 22,000 acres under cultivation. By 2004 there was less than 12,000 acres.

Most of this lost citrus acreage will go into development.

"I think the loss of acreage is going to go on, but at a slower rate," Zekri said. "Citrus is still a profitable business. The growers staying in business will make money, but the citrus crops will be smaller."

Terry McElroy, a Florida Department of Agriculture spokesman, said total acreage of agricultural land may be down, but that doesn't mean production is down.

"Thanks to improvements in seeds and fertilizers, production is up," he said, agreeing with studies by the U.S. Department of Agriculture that the loss of farmland does not equate to any threat to the country's ability to feed itself.

 

County appraisers' statistics for total acres classified as agricultural. Information provided by tax appraisers for Charlotte, DeSoto, Hardee and Sarasota counties.

 

Charlotte County

* 1995: 211,677 acres

* 2000: 204,420 acres

* 2006: 192,743 acres

 

DeSoto County

* 1995: not available

* 2000: 362,242 acres

* 2006: 350,968 acres

 

Hardee County

(1995 figures not available)

* 1998: 350,101 acres

* 2000: 346,524 acres

* 2006: 330,211 acres

 

Sarasota County

* 1995: 154,070 acres

* 2000: 123,538 acres

* 2006: 109,412 acres

Put voters behind wheel of community changes

Special to The Palm Beach Post

Sunday, September 30, 2007

By LESLEY BLACKNER

Thanks to Tom Pelham, Florida's top growth cop, for finally admitting the truth: There is no growth management in Florida.

Back in 1985, the state passed the Florida Growth Management Act to control growth that already was running rampant. The law mandated the creation of comprehensive plans to control growth and ensure that our quality of life isn't bulldozed. It was a nice idea, but it failed. Twenty years later, we live with the consequences of endless, insane overdevelopment: We are forbidden to water our yards; nonetheless, another round of 15-story condos or 2,000 houses is rubber-stamped.

The reason for failure is simple. Comprehensive plans were supposed to be a 20-year vision for a community. They were not to be easily changed. Today, the plans don't mean anything because our elected officials hand out plan changes like candy at Halloween.

Land Use 101:

Lesson 1: Plan changes are political decisions. They are not mandated by law. That's why they are voted on by our elected officials, not the planning staff.

Lesson 2: Nobody is entitled to a plan change in the first place. When you buy your land, you are presumed to know what the land-use regulations are. If you ask for a plan change and you don't get it, too bad. You can still use your property in accordance with what the plan allows.

Lesson 3: When a city or county commission is voting on a proposed plan change, our elected officials are presumed to be standing in our shoes, voting on our behalf. That is why we have public hearings. How can our commissioners know what we think about a proposed plan change unless they hear from us?

Lesson 4: The law is clear that a plan change should not be approved unless the commission makes a determination that the proposed plan change would benefit the community, or at a minimum, not harm it.

You already know the system failed in Palm Beach County. Too many of our commissioners are for sale. We have the outright bribing of former County Commissioners Tony Masilotti and Warren Newell. But there are more subtle forms of corruption as well: the job for the family member; the donation to the pet not-for-profit. The Masilotti and Newell stories are just the tip of a big old iceberg.

That's why we need Florida Hometown Democracy, which will give you the right to vote on plan changes approved by your commission. If we collect 611,000 petitions by the end of this year, this proposed constitutional amendment will be on the 2008 ballot.

Probably for the first time in Florida's history, developers are hysterical. A group called Save Our Constitution, backed by big developers, is lying to folks to get them to revoke their petitions. Incredibly, the group is saying that Hometown Democracy is run by developers and will give land-use power to evil "electors." Get a dictionary: An elector is a voter.

Another developer group, Floridians for Smarter Growth, is running its own petition that pretends to give voters land-use power. But the devil is in the details. Their petition requires folks who want a referendum to get 10 percent of the electorate to go down to the supervisor of elections and show all kinds of ID to sign a petition. All this within 30 days. Plus, their amendment says it will kill Hometown Democracy in the event both initiatives get to the ballot.

Voters beware: Florida is awash in desperate developers who will say anything to preserve the status quo of government "of the developer, by the developer and for the developer."

As for Mr. Pelham, he has the guts to admit that the system is broken, but he thinks Hometown Democracy is too extreme. He doesn't want to burden us with voting on lots of plan changes.

Truth is, once Hometown Democracy is on the books, you won't see so many requests for plan changes. Developers will learn to live with the plans, like they were supposed to do in the first place. Plan changes that benefit the broad public interest will no doubt get voter approval.

Mr. Pelham asks us whether we really want to vote on a "small" plan change. It might be little to him, but it might not be to the community. Moreover, experience shows that "small" plan changes often begin the unraveling that then morphs the countryside into gated communities.

Florida Hometown Democracy is a reform whose time has come. It's the only way to stop the corruption and save what's left. Do your share now and get this on the ballot.

Sign the petition and get everyone you know to sign. Send donations. Go to www.floridahometowndemocracy.com or call toll free at (866) 779-5513. We have only this short time to make history and put the people back in charge of the places where they live.

Will hard hats drive riffraff off cliff?


Watching two fritillaries' pas de deux on the doomed Plaza Collina site in Lake County, I thought: "Who notices the tiny things comprising so much of life?" What sophisticated networks of organisms and their interactions are blown to bits unknowingly by plundering mankind? The excuse -- that construction projects provide homes for people (God's nonplus ultra) -- falls flat the more sameness in subdivision design we suffer; the more shrunk the demand; the fewer fields of mystery where once a walking stick or woodpecker might lure an exploring child; the more lucre pocketed by the few at the expense of a community's many, who crave green glades like tonic.

Rarely, these days, do politicians leave such outcomes to their (evidently always wrongheaded) electorate. Witness the assault by legislators and business groups on the Florida Hometown Democracy amendment, which would put one farthing of choice about their own fate in voters' hands.

Even Gov. Charlie Crist grossly misrepresented the effect the amendment would have on local land use. Its one straw granted us to grasp at on a ballot would apply only to major changes to our respective counties' comprehensive plans. That's it. No Jacobins clubbing royalty to occupy the Administration Building and rewrite the county charter with bloodstained pen. No. We simply could vote against developers tinkering with our growth plan to prematurely sneak in Developments of Regional Impact we -- the people -- don't want.

Something is very wrong with the power structure we have, to echo FHD amendment creator Leslie Blackner. If politicos want "activity centers," pish-tosh to any panther tracks or stork rookeries or grasshopper sparrow secreting its nest under dried dog fennel -- such silliness takes space. Pave it, quick.

An elite few tool the fate of Florida, feigning the "domino effect" -- actually the direct product of their own machinations. Yet principles for sustainable development and wildlife survival could be pledged and builders not liking it shown the border.

Florida boasts a bright conservation intelligentsia -- experts in prescribed fire, hydrology, land management, acquisition and native species. There is no political defense for letting the shortsighted drive us off a cliff. No man ever made a pine tree or the dark-eyed face on a gopher tortoise -- ancient, guileless, unknowing her rescuer saves her life; that tomorrow her bahia and golden asters will be moonscape scraped bare by hard-hatted men.

Audubon's Charles Lee said, "This is the end game." We, as a community, must change course or face a bleak landscape where the last animal has no place to run but a six-lane road.

The answer can't be to squelch voters. Sometimes intelligence lies in riffraff: us.

Eagan lives in Winter Park.

Urban-growth cuts upset some ranchers

Daphne Sashin

Sentinel Staff Writer

September 30, 2007

KISSIMMEE

 County planners have agreed to limit urban growth at the south end of Lake Tohopekaliga, for now, in an attempt to settle a dispute with the Kissimmee Valley Audubon Society.

But a group of landowners in that area is saying "not so fast."

Osceola and state officials have been going back and forth for the past year and a half over the county's proposal to designate about 240,000 acres in the county's northwest corner for high-density growth. After Audubon recently intervened in the settlement talks, the county agreed to exclude most of the Southport and Bronson ranches from the urban growth boundary.

Last week, the Bronsons won the right to join the settlement talks, saying they ought to have a say in decisions that affect their property values. Land inside the boundary could be developed with 25 to 125 times the number of homes allowed outside the boundary.

"We have no plans to develop the property, but if you're blocked out of this urban area, then you're blocked out for 20 years," said Dan Lackey, general manager of the Bronson Family Partnership. "Unfortunately, people die, and you do have to sell property to pay inheritance taxes."

The Southport owners have not sought to intervene in the argument.

Audubon representatives campaigned for the retraction of the boundary because they want to keep development from creeping south, which they feared would be kindled by the creation of a road that would connect Poinciana to Florida's Turnpike. County officials reserved the right to develop the area at some point but agreed to wait until after the road is built.

The road would cut through parts of the Bronson and Southport properties. The Southport connector is a key to growth in the region.

It was unclear Friday how many acres of the Bronson ranch would be affected by the retraction. The petition filed with the state claimed the family would lose the right to develop 10,000 acres, but Osceola smart-growth director Jeff Jones said the county removed closer to 8,400 acres from the Bronson and Southport lands combined.

County officials have given the state what they say is the final draft of their growth plan and hope to schedule a public hearing by the end of October. Jones said he hopes the county will address the Bronsons' concerns before then.

Daphne Sashin can be reached at dsashin@orlandosentinel.com or 407-931-5944.

Upping ante for signatures

John Kennedy and Aaron Deslatte

Capitol View

September 30, 2007

In the fight between Florida Hometown Democracy and the development industry over how -- and whether -- to control sprawl, no body blow appears out of bounds.

After pushing the Legislature unsuccessfully this year to ban the practice of paying signature-gatherers for citizen initiatives, the Florida Chamber of Commerce is now trying to lure away Hometown's paid signature-gatherers with higher salaries.

"It's a free market," says the chamber's director of ballot initiatives, Adam Babington. "People are going to go where they get paid more to do the work. This is just something that happens in business."

Hometown and the business community are locked in electoral warfare about the group's constitutional amendment proposed for the November 2008 ballot. It would require the public to vote on significant changes to local governments' comprehensive planning documents.

Big business sees this as a mortal threat. Associated Industries of Florida has gone so far as to create a political committee to coax voters who sign Hometown Democracy's petition to revoke their signatures.

But the chamber has taken a different tack, creating a signature-petition group called Floridians for Smarter Growth that sounds as if it's offering the public the same outlet for halting rampant development.

The chamber-backed referendum requirement would kick in only if 10 percent of the registered voters in a given area signed a form asking for a public vote. In Orange County, that would require about 50,000 signatures to force a public vote on a County Commission plan change.

Hometown Democracy co-founder Lesley Blackner calls the Smarter Growth counteroffensive "a dishonest petition that's going to get thrown out by the Supreme Court."

But apparently, it pays well.

Hometown has typically paid its workers 75 cents per voter signature. According to a contract the chamber's signature-gathering firm is having its employees sign, they will be paid $1 per signature.

And Blackner said her gatherers are being offered as much as $4 per signature in South Florida to stop working for Hometown.

Babington and Chamber Vice President David Daniel said they didn't know what their committee consultant is willing to pay to recruit people away from Hometown -- just that it's worth it.

"If their idea's so great, how come they don't have volunteers?" Blackner said last week. "How about all those unemployed real-estate people?"

Sen. Bill Posey, a Rockledge Republican who sponsored the bill banning paid-signature gathering that was ultimately vetoed by Gov. Charlie Crist, says the chamber is simply playing by the rules afforded them.

"If you can't raise one side up to your level, you have no choice but to lower yours," he said.

Redistricting redo?

Speaking of anti-establishment petition groups, Common Cause is back.

You may not remember, but in 2005, that's the group that tried to win approval for a plan to radically change the way Florida draws its legislative and congressional districts.

Backed by Democratic luminaries such as Bob Graham and Betty Castor, Common Cause raised more than $3 million under the moniker "Committee for Fair Elections," which wanted to take the once-a-decade job of redistricting away from the Legislature and give it to a panel of judges.

The group drew the ire of then-Gov. Jeb Bush -- who called their contributors "secret squirrels" -- and then-House Speaker Allan Bense, who devoted $50,000 in taxpayer money to a successful court fight to keep the amendment off the ballot.

Now Common Cause is trying again, as FairDistrictsFlorida.org, with endorsements from Graham and former U.S. Attorney General Janet Reno and a more modest aim. The organization plans to launch its Web site soon.

The group wants voters in 2010 to require lawmakers to draw districts that track the borders of actual communities, instead of basing them on racial, ethnic or party numbers. That approach has created, for example, a predominantly black Democratic congressional district that runs from Jacksonville to Orlando, surrounded by mostly white, Republican-dominated districts.

Common Cause Executive Director Ben Wilcox says it's too early to say whether ruling Republicans will come after them again.

For more insider information and insights on Florida politics, go to Central Florida Political Pulse at OrlandoSentinel.com/politicalpulse. John Kennedy can be reached at jkennedy@orlandosentinel.com. Aaron Deslatte can be reached at adeslatte@orlandosentinel.com. Both also can be reached at 850-222-5564.

Florida Today Our view: Developing a deception

Letters pushing voters to revoke 'Hometown' petition shamefully misleading

The effort by the state's development lobby to deceive people who have signed a petition supporting a movement called Hometown Democracy is nothing less than "outrageous."

That the way Maureen Rupe, head of Partnership for a Sustainable Future, a Brevard coalition trying to preserve the area's natural resources, puts it.

And we couldn't agree more.

Hometown Democracy is a statewide group gathering signatures to get a constitutional amendment on the 2008 ballot. It would let the public have the final say on local land use plans and changes requested by developers.

Supporters, like many others, see Florida's natural areas being paved over, drinkable water running short, rivers and lakes polluted by runoff, roads clogged, wildlife disappearing and schools overcrowded.

Letting the public vote on major developments could put the brakes on -- an idea that strikes fear among those who support growth whether it fits comprehensive land use plans or not.

Which is why, if you are one of the 475,000 people who have signed a Hometown Democracy petition, you may already have received a letter from John Thrasher.

A letter Rupe of Port St. John says is "scaring people into thinking they've done something wrong" by signing.

It's marked "Urgent," and in it, Thrasher presents himself as "The Honorable" because he used to be the Legislature's Speaker of the House.

He doesn't mention that he's now a lobbyist for Associated Industries of Florida and other development-related businesses that support a group called Save our Constitution, which wants you to take back your signature.

The mailings say if you don't, you'll be handing over control of the state to "special interests" and even worse, to "electors" who will let "Florida's scenic beauty be destroyed."

What?

Electors are voters -- you and your neighbor and the guy down the street.

The "special interests" backing Hometown Democracy include many Florida environmental groups, from the Sierra Club to the local Partnership for a Sustainable Future.

As if the letters aren't enough, some who signed the petition have had repeated phone calls pushing them to revoke their signatures, which angers community activist Barbara Hoelscher of Titusville.

"It's not about siding with one side or the other. It's about citizens' rights to petition and vote free from harassment," she says.

On the critical issue of controlling growth, Hometown Democracy may or may not be the answer.

Thraser is quoted on the Associated Industries Web site saying, "It's entirely impractical. If passed, it would force an election on any proposed changes to a local government's comprehensive plan, no matter the size."

That's a point that needs close examination, because if true it could tie up local government and make it more unwieldy.

However, Hometown Democracy deserves a chance to present its case without having to deal with tactics designed to deceive, mislead, and undermine the public's right of petition.

Developer's account pays costs of marina approval

Some say the DeBary-developer partnership is too cozy. Others say it saves money.

Rachael Jackson

Sentinel Staff Writer

September 28, 2007

 In teaming up with a developer to fight for a marina on the St. Johns River, DeBary has incurred nearly $200,000 in bills for legal and consulting fees and transportation costs.

But don't worry, DeBary's leaders say, the developer is picking up the tab.

As part of a city ordinance passed in 2006, developers are required to reimburse the city for costs related to their applications. The meter for developer St. Johns Partners kept ticking at an administrative hearing Thursday, as the city and the Department of Community Affairs, the state planning agency, battled over the 250-slip marina that the state says could be harmful for manatees and other wildlife.

Every hour the city's attorney spends on the case costs the developer $225. That's on top of a $150-per-hour fee charged by a planning consultant hired by the city, according to James Seelbinder, finance administrator for DeBary.

T. Wayne Bailey, a political science professor at Stetson University, said the arrangement gives the developer and the city a too-cozy relationship on a controversial matter.

"To have this all be one little, happy family, that leaves one with a furrowed brow," he said, explaining that citizens probably would prefer an "arm's length relationship between the parties."

But DeBary Mayor George Coleman said he didn't think the arrangement was too close.

"We are saving the residents money by working it this way," he said, explaining that the ordinance was passed when the city identified this as a way to cut costs.

He said reimbursement, which doesn't include staff time, is similar to a type of charge called an impact fee that developers pay to offset the cost of growth on such things as roads, parks and schools.

Tim Wilson, growth management director for Altamonte Springs, said his city doesn't have any kind of an ordinance requiring such reimbursements. More common is that the city and the developer create an agreement during the permitting process. Part of that agreement is intended to cover problems that may come up if the developer falls through on promises or if the city is sued over a development.

Deltona City Manager Steve Thompson said the city typically does pass fees for reviews on to developers, but he said that each case is often different.

According to DeBary's Seelbinder, the developer has paid the city about $173,000 since April, when the council members first approved the project, and still owes just under $20,000, without including fees incurred during the hearing.

Developer Joseph Krzys wouldn't confirm those figures but said that he had spent a lot of money to try to get his project in the clear.

Krzys, who has developments in locations throughout the country, said he had encountered that kind of an arrangement before.

"At the end of the day, it's not about how much money you've spent," he said. "You follow the law."

Susan MacManus, a political science professor at the University of South Florida, said people's reaction to the reimbursement probably would depend on if they supported the project or not.

"To some people, it would look unethical," she said, explaining that it might look like the developer was influencing the city. But, she said, others might appreciate the cost savings: "To other people it would look fair."

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

State Finalizes County's Comp Plans

Published: September 30, 2007

SEBRING — The county's long-running dispute with the state over development plans in Highlands County should be settled by mid October.

At stake is final state approval that would allow:

* Development of 4,637 acres;

* Construction of 6,438 housing units, broken down into 4,537 single family homes, 192 mobile homes and 1,739 multi-family units;

* Commercial projects totaling 5.1 million square feet; and

* Industrial/warehouse projects totaling 5.9 million square feet.

That is the total potential growth within 42 large-scale amendments to the Highlands County Comprehensive Plan which were approved by county commissioners in 2004, 2005 and 2006 but not yet approved by the Florida Department of Community Affairs.

DCA recently sent the county a final settlement offer to approve all of those comp plan amendments.

County commissioners will vote on DCA's settlement offer following a public hearing at their Oct. 16 meeting.

The state's proposed settlement goes first to the Highlands County Planning and Zoning Commission, which will make a recommendation to commissioners at its Oct. 9 meeting.

Jim Polatty, the county's development director, said the commissioners' adoption of impact fees, assessed for the first time this year, was instrumental in gaining state approval for the comp plan amendments.

"It was very, very important," Polatty said. When the state withheld approval in 2004 and 2005, he said, "they (DCA) pointed out to us that we don't have enough money to address the road needs."

Impact fees account for about 20 percent of the county's projected $171 million revenue for capital improvements over the next 10 years, Polatty said. Without impact fees, he said, DCA's approval of the 42 comp plan amendments would have been "very doubtful."

While the DCA's settlement would open up more than 4,600 acres to development, it won't mean an immediate building boom.

"I think the key thing to remember is that over the next 10 years, some of these (projects) might go to development, but most won't," Polatty said.

Many of the property owners have no immediate development plans, but sought comprehensive plan amendments so that they wouldn't fall under Hometown Democracy, which would require voter approval of comp plan amendments, if it passes, Polatty said.

"That is widely known and accepted," he said.

As a result, he said, some of the residential comp plan amendments may not lead to development "for five years or 10 years, maybe 20 or 30 years or who knows how long."

Polatty said the biggest immediate benefit to the county from the DCA settlement is state approval for industrial or warehouse developments on four sites totaling over 700 acres.

"I think it's a wonderful thing we are getting industrial and warehousing areas approved," he said. "Our county does not have enough of those sites."

Polatty added, "Right now our economy is very service oriented and agriculture oriented. There is nothing wrong with that. But I think we need to get a balance in our county.

"This could offer the opportunity to get a little more balance, a little more diversity, into the economic mix of the county, with different types of businesses.

"For instance, this should help EDC (Highlands County Economic Development Commission) and the
Sebring Airport Authority attract more businesses of the kind we haven't had, or of the kind we don't have enough of

Palm Coast reworks Town Center plans, agreement


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

Published: September 29, 2007

Reports about the announced retirement of Jerry Maxwell as general manager of Tampa Bay Water have focused on the regional drinking water supplier's high-profile failures: The desalination plant that is years behind schedule, cracks that have turned up in the embankment of the 15-billion gallon reservoir, the utility's conflicts with local governments.

But the hard-charging engineer also accomplished much during his 12 years overseeing water supply, especially reducing the area's dependence on groundwater. The job of meeting the water needs of Pasco, Hillsborough and Pinellas counties should not be underestimated. Maxwell deserves a lot of credit.

Still, he also could be thin-skinned and confrontational. Diplomacy and openness were not strong points. When miscues occurred - either major like the desalination debacle or minor like the reservoir cracks appear to be - the agency became highly defensive. This, eventually, hurt the agency's credibility with the public and even some board members.

And that's unfortunate because Tampa Bay Water's strategy of developing many different sources of water throughout the region is the only way to meet the demands of West Central Florida's growing population without ruining the environment.

It's important the board find a successor to Maxwell who can do more than oversee a multitude of complex projects. The new manager should also be a strong communicator, someone who will be candid with the public, open to countering views and appreciate the sometimes conflicting interests of member governments. Another must: a commitment to protecting natural resources

Residents should not forget what things were like before Tampa Bay Water was formed to manage drinking water policies for Pinellas, Pasco and Hillsborough counties in 1998.

The previous water-governing body, the toothless West Coast Regional Water Supply, was dominated by Pinellas, which held the rights to wellfields in Hillsborough and Pasco. Those counties could do little as overpumping shriveled marshes, lowered lakes and ruined homeowners' wells. The communities were constantly engaged in 'water wars.'

The establishment of Tampa Bay Water changed that. Pinellas gave up control of the wellfields, and Tampa Bay Water became a true regional utility, with elected officials from the member governments sitting on the nine-member board.

The interlocal agreement that established the utility mandated it reduce pumping at problem wellfields from 158 million gallons a day to 90 million by the end of this year. Despite some mistakes, the utility has managed to dramatically reduce the region's dependence on groundwater pumping and should meet its goals for finding new water sources, particularly if the desalination plant soon meets expectations.

The regional, multi-source approach has proved the most efficient and responsible way to meet the area's drinking water needs. Maxwell got Tampa Bay Water off and running. But the next leader, in addition to continuing the development of new water sources, needs to ensure this critically important agency wins the public's trust.

Water Restrictions Impact Some,Others Ignore It

Published: September 29, 2007

SEBRING — When JoAnne Stayton heard that she'd have to continue following the once-a-week water restrictions, she was unmoved. "It's rained so much," after all.

When the Lake Placid resident was told that she and everyone else might not be able to water new plants every day for a month after November, she gave it some thought. As she left the Wal-Mart in Sebring, she realized some builders could find themselves in a landscaping bind.

"You're throwing away thousands of dollars," Stayton said. "It shouldn't be right."

As the Southwest Florida Water Management District extended its current water shortage order through Nov. 30, this is one idea floating around SWFWMD spokeswoman Robyn Hanke's office. She also brought up a voluntary program where some would water their lawns only every other week.

"There's definitely a big concern about the upcoming dry season," Hanke said.

Awareness

Several homeowners seemed aware of the restrictions, and they said their neighbors have been complying with it.

A Spring Lake-area woman who identified herself only by her first name, Margaret, said that she had been watering her recently planted lawn twice a week. She quickly mentioned she could do that under the exemption, but she wasn't too concerned.

Her bahia grass lawn, Margaret said, could take it.

Stayton also thought her St. Augustine lawn could endure, even though she said there are those occasional dead spots. Still, she looks around and believes not everyone's following the restrictions like she is.

"When you drive by, you can tell. Their lawns look beautiful when you have these restrictions," she said. "It's hard to believe they're only watering it once a week."

Its enforcement seems to taper off towards the south.

Avon Park Code Enforcement Officer Donald Simmons said he and the other two officers issued six citations since July. It's mostly complaint driven but he said his officers keep an eye out for the violations.

"This has been in effect since January," he said of the restrictions. "It's been on the news and there have been no changes, so if we encounter someone that's watering and they're not watering at the right time, there's a ($100) fine immediately."

In the area between Avon Park and Sebring, County Code Enforcer Beverly Singley said she issued the county's only citation against a home in The Crossings, near Memorial Drive. Countywide, her fellow officers picked up 507 complaints, though the exact number of warnings could not be obtained by press time.

Sebring Police Cmdr. Steve Carr said that the city's code enforcement officers issued about 50 warnings since the restrictions began in January, although they gave no citations. He felt the city residences were "in good compliance."

Down in Lake Placid, LPPD Chief Phil Williams said his department has not issued a single warning or citation since the restrictions began. He admitted outright that his department had not paid too much attention to it, but at the same time, nobody ever complained to them.

"I have always been a little embarrassed and I'm just being honest about the whole thing," he said. "Maybe they don't let people know sometimes that it's a serious problem."

Bad Indicators

Enforced or not, the water shortages are expected to get only worse.

The traditional rainy season is just about over, and the major lakes on the northern part of Highlands County are at least two inches below where they were this date last year, Highlands County Lakes Manager Clell Ford said.

While Lake June and the Lake Placid area had fared better with heavier rainfall, he said Istokpoga – at a surface level of 38.35 feet– is almost seven-tenths of a foot down from where it should be, and the northern parts are similarly down there.

Despite daily rainfalls, he said the fast-moving storms did not replace the water leaving some of the lakes because they are evaporating faster in the hot heat. June and July brought above-average rains but August was such a relative bust that the county's now worrying that the drawdown threats may start up again.

"They might have to go back and request another deviation," Ford said, referring to the U.S. Army Corps of Engineers. Along with the South Florida Water Management District, they wanted the surface water from Istokpoga to irrigate southern Highlands and Glades counties earlier this year. "I suspect they're going to start doing the paperwork on that soon."

Meanwhile, data from SWFWMD indicated that the southern part of its district, including Highlands County, faces a 20.91-inch water deficit since Jan. 1 2006. The district includes most of Avon Park, Sebring, Lake Placid and parts of Venus in Highlands County.

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

Developers think downtown is looking up
New mixed-use building planned for Leesburg's Canal and Main streets

David Donald
Staff Writer

Saturday, September 29, 2007

LEESBURG - More retail stores and residential space is in store for the downtown.

Developers are planning to build a two-story mix-use development on the corner of Canal and Main streets bringing residential units commercial space and a 92-space parking garage.

"It's going to be a nice little anchor in the area," said Greg Beliveau, architect for LPG Urban and Regional Planners in Mount Dora. "You have another property owner that has confidence in the way downtown is moving forward."

There will be 2,500 square feet of office space on the second floor facing Canal Street and more than 14,000 square feet of ground floor commercial space for restaurants and retail stores. A courtyard in the center of development will provide a space for relaxation or a bistro.

Residential space on the second floor will include 10 units with canopies and balconies overlooking Main Street, perfect for an elevated perspective for spectators during events like Mardi Gras, Beliveau said.

A two-story parking garage - a city requirement - will help meet the development's needs, while also providing more parking opportunities for visitors coming to downtown.

The Leesburg Partnership, which has pushed for the establishment of a historic district, improved land development regulations, and downtown revitalization is excited about the prospects the development could bring to downtown.

"We're very excited about any kind of an infill project that is going to bring more commerce into the downtown, said Executive Director of the Leesburg Partnership. "It's exactly what were working toward.

The property, owned by Dr. George Matthews, is the last vacant property on Main Street. Developers will go before the Historic Preservation Board next week to present colors, elevation, and architectural plans. The planning and zoning board will hear plans for the development following approval by the preservation board.

Tiny soldiers in a citrus war

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

BY CHRISTOPHER O'DONNELL

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."

Upstream battle test for policies
By Kevin Lollar
klollar@news-press.com

Originally posted on September 29, 2007

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."

Be thankful for estuaries

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.

Coconut Road earmark rejected again, after heavy debate at MPO

Friday, September 28, 2007

The on-again, off-again study of a potential Coconut Road interchange is off again.

COCONUT ROAD I-75 INTERCHANGE FUNDING FLAP

Lee County’s Metropolitan Planning Organization voted 6-5 Friday to strike the study from its immediate future plans, effectively refusing to use a controversial $10-million federal earmark.

The earmark appeared in the 2005 federal transportation bill. How it came to be there is the subject of some controversy — and a federal investigation.

“I suspect that many of you, like me, have been interviewed by the FBI,” said Estero resident Don Eslick, who is against a potential interchange in his backyard.

In February 2005, Rep. Connie Mack, R-Fla., and the Southwest Florida Transportation Initiative hosted a fundraiser for Rep. Don Young, R-Alaska, then chairman of the transportation committee. The event came during a visit by Young that included a stop at Florida Gulf Coast University and highlighted the region’s transportation needs.

Part-time Naples resident Daniel Aronoff attended that fundraiser, dropping $500 into Young’s campaign till. Aronoff company AgriPartners owns around 4,000 acres east of where a Coconut interchange would be built.

When the transportation bill was passed, Mack and other local representatives celebrated the inclusion of $81 million worth of I-75 projects for southwest Florida. The budget also included $10 million for the Coconut interchange, an earmark the locals said they knew nothing about.

In fact, local representatives and Florida’s senators said the bill they voted on did not include the Coconut earmark. An independent investigation done for Sanibel vice Mayor and MPO chair Carla Johnston found the earmark item was altered after the Congressional vote, and federal investigators are trying to figure out how it was changed before the bill hit the President’s desk.

Thursday, a Washington D.C. attorney hired by an infrastructure lobbying group issued a dueling report. Jack Schenendorf said he worked on every transportation bill from 1978 until 2001.

“I fundamentally disagree with some of the conclusions of that report,” he said.

Schenendorf said it looked to him like a simple mistake was corrected after the 1,200 page bill was passed on the last day.

Members of the standing-room-only crowd at the meeting weren’t buying it.

“We have lobbyists representing developers here,” Brooks resident Phil Douglas said.“What we have represented is development of the DR/GR. Planning? What’s planned is a windfall for Dan Aronoff.”

The study did have its supporters. Meg Judge, CEO and chairwoman of the Estero Chamber of Commerce, said the study is needed. She pointed to land reserved in The Brooks for a possible interchange, and to deed notifications in that community, where much opposition is rooted, that an interchange might some day be built.

“It would be a lie if we don’t think they’re motivated by self interest in The Brooks,” she said. “They want to be exempt from the impact of the growth they created.”

Bonita Springs city officials also urged the study, which they think would show an interchange would ease congestion at Bonita Beach Road.

“You all act as if this just came up,” City Manager Gary Price said.

A potential interchange has in fact been discussed for over 20 years, though no funding existed before the earmark.

Former Lee County Commissioner John Albion, who still owns a house nearby, said the MPO should do what’s best for residents, regardless of who benefits.

“Instead of looking at who benefits look at what’s best for all the citizens,” he said. “It’s worth at least getting the information to learn if it’s necessary.”

In the end MPO members seemed to want nothing to do with what’s been called tainted money. Lee Commission Chairman Bob Janes said he just can’t believe there was $10 million in the budget Congress approved and Mack didn’t know it.

“It stains credulity,” he said. “That there’s an allocation to the district, and the Congressman is completely unaware? To me it’s unbelievable.”

“In the beginning my instinct said to stay away from this,” Cape Coral Councilwoman Alex LePera said. “I’ve been in politics a long time, and I sleep very well. If it tells us specifically what to do, and it’s not in our plans we should reject it. It’s not to benefit us. If it is to benefit us, they would have told us.”

LePera doesn’t buy into what she sees s NIMBY’ism from The Brooks, but she does see an effort to push development east of the interstate. She said she can’t vote to do the study.

“I’d never be able to sleep,” she said.

“It’s not a coincidence all of a sudden $10 million appears on the heels of a fundraiser for Congressman Don Young,” Lee Commissioner Ray Judah said.

Judah could support a study that looks at southern Lee to see if an interchange is needed. He opted to wait and see if Congress does what the local representatives have promised to try — move the $10 million to the interstate.

Aronoff has been on Judah’s bad side before. He funded to the tune of more than $50,000 a soft money group that tried to unseat Judah in 2000.

In the end it was a split vote to eliminate the Coconut study. In the final tally Judah, Janes, LePera, Lee Commissioner Brian Bigelow, Fort Myers Beach Councilman Bill Shenko and Johnston voted to kill the study. Bonita Councilman Ben Nelson, Lee Commissioner Tammy Hall, Cape Mayor Eric Feichthaler, Cape Councilwoman Dolores Bertolini and Cape Councilman Richard Stevens voted to keep it.

At least for now.

Absent Congressional action the $10 million will be available through 2009. The MPO could vote the project in any time between now and then

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 roa