Panel passes 2 energy plans
By Jim Ash
FLORIDA CAPITAL BUREAU CHIEF

The future of Florida 's $83 million effort to free itself from foreign oil and fight global warming grew murky Thursday when a Senate panel passed competing plans.

Sen. Mike Bennett, R-Bradenton, wants to create a quasi-public corporation that would dole out millions of dollars in grants and tax incentives, largely to promote the use of alternative fuels, including bio-diesel and hydrogen.

''I'm consolidating the essentially splintered effort to develop a state energy policy,'' Bennett said.

The measure (SB 996) calls for utility companies to generate half of all new power they create from ''renewable sources'' by 2015, an aggressive goal that industry says can't be met.

Bennett's plan would make it easier to get there by defining nuclear power and so-called ''clean-burning'' coal as renewable energy.

Environmentalists were fuming.

''We can't express strongly enough how much this troubles us,'' said Holly Binns, field director for the anti-global-warming group, Environment Florida.

Sen. Paula Dockery, R-Lakeland, was wary about giving control of such a massive program to a corporate entity, an idea that surfaced late in the legislative session.

''It seems like a very, very powerful committee that is not elected,'' Dockery said. ''Privatizing something so large so quickly is usually problematic.''

In an unusual move, the Senate Committee on Environmental Preservation and Conservation also passed a competing measure by Sen. Lee Constantine, R-Altamonte Springs, who has led a two-year effort to create a state energy plan.

Constantine 's bill (SB 2666) does not go quite as far, adding four new seats on a newly minted, nine-member Florida Energy Commission.

It also would give an average of $900 in tax incentives for consumers who buy alternative fuel or hybrid cars.

Constantine said it's too early to set a ''renewable energy portfolio,'' or how much Florida depends on individual energy sources for the state's power needs.

''I feel very uncomfortable with throwing out a number without talking to a lot of people,'' Constantine said.

Both plans will have to be reconciled with a similar House proposal (HB 7123) that makes its last committee stop next week before going to the floor. Bennett's bill has no House companion.

Meeting at the same time, the Senate Communications and Public Utilities Committee also approved a plan to create a ''Climate Action Partnership, Global Warming'' commission that would study the problem and recommend ways lawmakers can prepare Florida for federal global warming regulations that are sure to come.

The Senate plans appeared on the same day that Environment Florida released its analysis of a federal study that shows Florida ranks second nationwide for the largest increase in carbon dioxide emissions between 1990 and 2004. Carbon dioxide is considered the biggest culprit in the green house effect, trapping heat in the upper atmosphere.

The report also shows that Florida ranked fifth nationwide for the highest total carbon dioxide emissions during the same period, growing from 186.9 million metric tons to 255.4 million metric tons.

''We think of Florida as being in the crosshairs of global warming, but the truth is, we're also pulling the trigger,'' Binns said.

Florida Ranks No. 2 For Pollutant Tied To Warming, Report Says

By KEVIN BEGOS The Tampa Tribune

Published: Apr 13, 2007

TALLAHASSEE - A report issued Thursday puts Florida second nationwide for increases in a major pollutant linked to global warming.

From 1990 through 2004, Florida 's carbon dioxide emissions from fossil fuel consumption grew 37 percent, from 186.9 million metric tons to 255.4 million metric tons.

The report, issued by Environment Florida, suggests major reductions could be achieved here using existing technology.

In one sense, Florida politicians are taking notice. Two bills addressing global warming and clean energy sailed through committees Thursday.

One, from Sen. Michael Bennett, would provide $55 million in grants for renewable energy research and also increase existing biodiesel tax credits.

"We've worked with the governor's office on a regular basis. They're much in favor of the bill," said Bennett, R-Bradenton.

The corporate tax credit for biodiesel would go from $6.5 million to $13 million, and wholesale distributors also would have to offer the clean fuel to marinas.

Environmental groups praised the bill, but with some cautions.

"We have serious concerns about some of the provisions" in Bennett's bill, said Holly Binns, field director for Environment Florida. She mentioned sections that allow nuclear and certain types of coal-fired plants to qualify as clean energy.

A bill from Sen. Burt Saunders, R-Naples, provides $500,000 to create the Florida Climate Action Partnership. It would be a high-level group formed around the governor to direct the discussion on how climate change may have an effect on the state.

The 25-member group would include the Senate president and House speaker, Chief Financial Officer Alex Sink and Agriculture Commissioner Charles Bronson.

Saunders said "it's about time" for Florida to take a leading role in looking at climate change issues. His bill, like Bennett's, passed a committee by unanimous vote Thursday.

"The good news is we have two senators who are extremely committed to putting Florida on a path for cleaner energy," Binns said.

The Environment Florida report also found that vehicle miles traveled in Florida increased by 79 percent from 1990 through 2004, and cars and SUVs became less efficient. The state ranked second nationwide for the largest increase in carbon dioxide emissions from transportation.

WHAT'S NEXT

Senate Bill 2446 passed the Communications and Public Utilities committee by unanimous vote Thursday. It still faces a hearing in the General Government Appropriations Committee. Senate Bill 996 passed the Environmental Preservation and Conservation Committee by unanimous vote Thursday. It still faces hearings in Finance and Tax and General Government Appropriations.

Sponsors

S.B. 2446: Sen. Burt Saunders, R-Naples; saunders.burt.web@flsenate.gov" target=_blanksaunders.burt.web@flsenate.gov, (850) 487-5124

S.B. 996: Sen. Michael Bennett, R-Bradenton; bennett.mike.web@flsenate.gov" target=_blankbennett.mike.web@flsenate.gov, (850) 487-5078

Track Bills

www.flsenate.gov

Reporter Kevin Begos can be reached at (850) 222-8382.

Sides in $300 million land deal head to arbitration

By Dwayne Robinson

Palm Beach Post Staff Writer

Friday, April 13, 2007

WELLINGTON — Palm Beach Aggregates' $300 million deal to sell 1,210 acres west of the village to Lennar Homes could be in trouble.

And one of the key individuals who made the deal possible - convicted former County Commissioner Tony Masilotti - might have to testify in the dispute.

Neither mega-home builder Lennar Homes nor rock mining operator Palm Beach Aggregates would comment about the matter. But both have a pending case set to go before an arbitration board, a process that is more expedient and secretive than a civil court proceeding.

Palm Beach Aggregates' claims against the home builder are unclear. Lennar Homes, however, is seeking reams of paper in its defense relating to the series of once-secret land deals that netted the former commissioner and his brother, Paul Masilotti, a $7.7 million land parcel in Brevard County from Palm Beach Aggregates.

One of the eight individuals or entities to receive Lennar Homes' subpoenas was the village of Wellington , which once attempted to annex the disputed land and employed Paul Masilotti as a building inspector, according to village records.

"We're not a party to whatever is going on, so we're not aware what it's about," Village Manager Charlie Lynn said Wednesday. "We will comply with whatever we're requested to do."

On Tuesday, Lennar Homes requested Paul Masilotti's personnel file and any documents regarding his employment with the village. Masilotti resigned from the village in November, just as his bosses were preparing to fire him for not disclosing his financial ties to the Aggregates deal and other conflicts of interest.

On Wednesday, Palm Beach Aggregates sent a letter to the village, along with others who had received the subpoenas, urging them not to comply with Lennar Homes' request.

"The subpoenas for deposition ... are improper and premature," wrote Louis Mrachek, an attorney for the company, citing arbitration procedures.

The subpoenas also sought information from the following individuals:

• Lawyer-lobbyist William R. Boose III, who was charged in November with helping Tony Masilotti hide his profit from a government land deal in Martin County .

The single charge against him was part of a plea agreement that fell apart. The charge was withdrawn in January after Boose pleaded not guilty. The government is expected to file a new case against Boose and is likely to take him to trial on tougher charges.

• The representative of West Palm Beach law firm Casey Ciklin Lubitz Martens & O'Connell with the most knowledge of the ARM Family Trust, a Paul and Tony Masilotti entity that acted as an intermediary in the Aggregates deal.

• Palm Beach Aggregates attorney John B. McCracken, who registered Micco Eastern in 2004 and later became its manager. The company purchased 305 acres in Brevard County for $7.7 million.

• Royal Palm Beach attorney Robert A. D'Angio Jr., who later became the manager of Micco Eastern. D'Angio also was the private attorney of Paul Masilotti.

• Paul Masilotti, who paid the taxes on the Brevard County property last year.

• Tony Masilotti, who pushed for the rezoning of the Palm Beach Aggregates property to allow the construction of 2,000 homes, thus increasing the value of the property without disclosing his financial ties to the project. He pleaded guilty in January to a single crime, honest services fraud.

The connection between the Masilotti deals and the Palm Beach Aggregates-Lennar Homes dispute was unclear Wednesday.

Boca Raton attorney Steven D. Rubin, the real-estate law committee chairman for the Palm Beach County Bar Association, said behind-the-scenes land transactions could be a justification for the home builder to modify or abandon its contract if, for instance, it was unaware of the secret deals.

"That's a cause of action through either negligent misrepresentation or intentional misrepresentation, and intentional misrepresentation - another word for that is fraud," Rubin said.

But problems with the deal could predate the Masilotti revelations late last year.

"It was my understanding that deal was in trouble as far back as Scripps moving away from the Mecca site," said Wellington Community Services Director Paul Schofield, whose department oversees annexation.

In January 2006, Lennar Homes announced it was backing out of deal to buy 4,700 acres west of Palm Beach Gardens near the county's first choice for the home of The Scripps Research Institute at the Mecca Farms site. A federal judge had ruled unfavorably on the Mecca site months earlier, citing a need for more environmental analysis, which initiated plans to relocate the biotechnology giant elsewhere.

Also in January 2006, the home builder filed an appeal against Jupiter, after the town blocked the national home builder from nearly tripling the size of its upscale Jupiter Isles development.

"They had a whole lot of bad things going bad at the same time," Schofield said.

Preservationists miffed over surprise paving of mule hoofprints

By BOB KOSLOW
Staff Writer

ORANGE CITY -- A piece of Orange City history was black-topped Thursday.

Several mule or horseshoe tracks embedded in the concrete roadway near Dickinson Park when South Holly Avenue was paved in the mid-1920s are now covered by asphalt. As soon as the Halifax Paving trucks showed up before 9 a.m., historical preservationists had the phone lines buzzing.

"This is something unique to the history of Orange City when concrete was used," said Al Blue, a former city councilman and preservationist. "It's in the historical district and has historical value. They should be maintained rather then covered up."

According to Blue, the concrete roads were poured in the center of town between 1926 and 1928 when Town Hall was built. Mules and horses pulled the wagons filled with stone and cement that were used to make the concrete. On occasion, the animals crossed over newly poured areas before they set and left shoe imprints.

Animal shoeprints are still visible on North Oak Avenue , and there are no plans to pave over that street.

About 10 years ago, residents successfully fought off the proposed paving of French Avenue to preserve a similar old concrete road that contains large pieces of pink and gray granite brought in from out of state, Blue said.

There was no warning or fight this time.

"I would have liked to have been told before this happened," said Gerald Morin, chairman of the city's historical preservation board. "But I'm not sure what we could have done anyway. We are an advisory board and have no powers."

City Manager John McCue said the road is in terrible condition and has been slated for resurfacing for at least two years. The resurfacing of South Holly Avenue between Graves and Blue Springs avenues is included in the city's capital improvement budget for $120,000.

"The need to improve the transportation network in the city outweighs asphalting over the mule prints," McCue said.

Resident Cal Depew, 60, disagrees.

"I remember learning to drive on all these concrete roads. I hate to see them covered up. There's nothing wrong with them," he said.

Two parks, the Dickinson Memorial Library, and several historical homes line the newly paved roadway. City officials have talked about creating a walking and biking corridor along the road between the city's government buildings on the north end and the parks. The city two years ago erected decorative street lamps along South Holly Avenue .

"My first reaction is what's wrong with the road," Morin said. "I don't like to see the concrete road capped and the prints covered. But, weighing the pros and cons, it's a necessary evil considering what the city is trying to do."

Putting asphalt on top of concrete is not ideal, said Roger Schmitt, regional director of research and materials for the Florida Department of Transportation.

"What will happen is that every place there is a crack in the concrete, there will be a reflective crack in the asphalt. That will happen in about a year and the asphalt will be as rough as the concrete road was," he said.

bob.koslow@news-jrnl.com

Crisis Situation

By Douglas Carman of Highlands Today

Published: April 13, 2007

LAKE PLACID — The canal running under C.R. 621, plainly named C-41A, has become a concern for some residents. Located along the southeast shore of Lake Istokpoga, the canal's gate was opened one-tenth of a foot Wednesday and Thursday, and it is bubbling on the canal side of the gate.

Istokpoga's water has been going downstream from the lake into a canal system dumping into Lake Okeechobee . Along the way, this stream waters some of the homes and farms in its two-county path.

This is a normal event during the month of April, as the South Florida Water Management District prepares the lake for the rainy season. But ahead of the proposal to lower Istokpoga's levels well below its legal limit, the routine maintenance opened the floodgates for panicked residents, alleging that SFWMD is acting on the proposal right now.

One e-mail sent to Highlands Today complained the water dropped more than four inches the past week, citing the canal's opening. Seven or eight callers reached SFWMD spokeswoman Missie Barletto to express concerns about everything ranging from sea wall conditions to property values.

However, Barletto emphasized that the current drop is routine and is not part of the diversion plan, still awaiting approval from the U.S. Army Corps of Engineers.

"When they look at the structure, it opens from the bottom rather than from the top, (and) there's a leakage from the bottom of the head," Barletto said, adding that it "makes it look as if we've got those gates really ripping through."

A Drop in the Bucket

Despite the rain this week, neither SFWMD nor Erin McCarta, assistant lake manager with the Highlands County Soil and Conservation District, said it would make a difference for Istokpoga or any other large lake.

While it could help lawns and vegetation, Istokpoga's level will not likely go up without a discharge from Arbuckle Creek, and it would take a few days before that effect is realized, McCarta said.

Meanwhile, Carol Ann Wehle, executive director for SFWMD, spoke in dire terms about the need to tap Istokpoga as a drinking water supply during a press conference in West Palm Beach Thursday afternoon. SFWMD declared a water shortage in the Northern Indian Prairie Basin , which includes Highlands County southeast of Istokpoga.

"The need of drinking water must take precedent over the need for habitat," Wehle said. "This is a very tough and a very painful decision we have to make."

As a part of the new restriction, the water would first have to go to the Brighton Seminole Indian Reserve. SFWMD will figure the percentage of the water to be given elsewhere later on.

Because of a law in Highlands County that enforces the tighter restriction from the two water districts covering the county, the other part of the ruling that creating a new Phase II restriction on the prairie has no effect. Southwest Florida Water Management District already restricts watering to one day a week, which is a more severe restriction than SFWMD's Phase II restrictions calling for a mandatory 30 percent reduction in water use.

Bradenton approves plan to sell land near water reservoir

By ANTHONY CORMIER

anthony.cormier@heraldtribune.com
BRADENTON -- City officials say the sale of property near the municipal reservoir to a developer is simply good business, a way to reap millions of dollars and pay for overdue repairs at the aging water treatment plant.

But critics have a different view of Bradenton 's contract with developer Pat Neal, who is poised to save $1 million on the purchase of the 64 acres. Some say it's "the definition of a sweetheart deal."

And political opponents of Mayor Wayne Poston are positioning themselves to use it as an issue during his re-election campaign this year.

On Wednesday, the City Council approved a contract to sell the land to Neal for $3.2 million, about $1 million less than its appraised value. The deal opens the door for new homes near a reservoir that is the main source of Bradenton 's water supply.

Councilwoman Marianne Barnebey, who said she is considering a run for mayor, voted against the deal. Barnebey said she was uncomfortable getting rid of land so close to the city's source of drinking water.

In addition to environmental concerns, which some worry could lead to tainted water and the destruction of wetlands, there remain questions about the contract's peculiar financing. While Neal saves $1 million, he will partner with Bradenton and give the city a cut of future homesite sales.

Officials say the "unique" contract could boost the city's take to $5 million. But critics -- primarily former Mayor Bill Evers and the environmental group ManaSota-88 -- want to know why Bradenton didn't take bids on the property, which could have netted them a higher return.

"I'd never sell it," Evers, a mayoral candidate, said Wednesday afternoon. "But if you had to, why not let others in on it? How do we know Pat Neal is giving them the fair price?"

The plan was hatched last May, when Neal's firm started carrying clay fill from the area in an unrelated project. At some point, the developer asked if the 64 acres -- bought in the mid-1990s as a buffer for the reservoir and treatment plant -- were for sale.

The city wasn't actively looking for a buyer, City Clerk Carl Callahan said, but was open to negotiations.

Callahan and Neal negotiated for months and worked out the creative financing plan. Callahan admitted that the proposal was a unique relationship for a city and a developer, but insisted that Neal was not given a favorable price.

"This is not a sweetheart deal," Callahan said. "This is a fair market transaction."

But even some in the city acknowledged that becoming partners with a developer is an unsavory proposition. In fact, Neal doesn't even know if he can get the houses built. He must go through a long review process with Manatee County because the land is in the unincorporated area.

"We're relying on the greed of all developers to maximize the number of units," said Councilman James Golden.

For his part, Neal -- a former state senator who is one of the biggest developers in Southwest Florida -- said he is giving Bradenton more than fair market value. In fact, Neal and others say the sluggish market will rebound in two years and the city stands to make a nice profit off the homesites.

He also brushed aside environmental concerns, positing that 11 acres of wetlands will screen out chemicals and other waste that could otherwise be carried into the nearby reservoir. What's more, City Council members -- including many of those who have received money from Neal during prior campaigns -- called Neal a "developer with a great environmental record."

Rainwater from the area is carried down a small knoll through the wetlands, which act as a natural filter for sediment and contaminants as the water feeds the lake. The water from the lake -- known as Evers Reservoir, after the former mayor -- is then treated at a city facility and sent by pipelines to faucets, showers and fountains throughout Bradenton.

"The important thing to remember," Neal said, "is that (the land) is not going away but is going to be done the right way."

Water limits begin as fear of crisis builds

Water limits begin as fear of crisis builds

By Robert P. King

Palm Beach Post Staff Writer

Friday, April 13, 2007

Regional managers tightened South Florida 's water restrictions to the point of economic pain Thursday, saying emergency action is necessary to protect millions of residents' drinking water from a savage, potentially multiyear drought.

Starting today, people from Tequesta to Key West will have only two days a week to water lawns and wash cars. Meanwhile, residents of Martin and St. Lucie counties will fall under three-day-a-week restrictions for the first time during the current drought.

The Glades will remain under the two-day-a-week limits that began there last month.

Residents will notice more dry canals and ponds, and a drop in water pressure in the shower. The harshest cuts will hit growers around Lake Okeechobee , who will see a nearly 50 percent reduction from their usual irrigation supplies.

In addition, the South Florida Water Management District began moving toward year-round restrictions that would take effect after the drought ends.

Far worse may lie ahead, water managers said, warning that the drought could persist through 2008 if this summer doesn't bring an abundance of rain.

Without conservation, ecologically devastating wildfires could wipe out centuries of peat in the Everglades , they said. Summer brownouts could strike if power plants can't get water for cooling. Salt from the Atlantic could contaminate coastal cities' drinking wells - perhaps for decades.

"We're talking about your drinking system going dry," Craig Fugate, the state's top emergency manager, said during a news conference at the district's headquarters near West Palm Beach . "Residents need to heed these conservation messages because, ultimately, the worst-case scenario is you turn on that tap and it's salty water - or worse, there's no water."

Fugate is best known for dealing with hurricanes, and his presence added to an air of crisis at Thursday's district board meeting.

"It's not a hurricane," he said. "But a drought can be just as devastating economically."

Growers around the lake already are finding hints of crop damage to rival the drought of 2000-01, when the sugar, citrus and vegetable industries reported as much as $120 million in losses, board member Malcolm "Bubba" Wade said.

"Every farmer out there is believing that this one looks, smells, tastes and acts a lot worse than the one in 2001," said Wade, a senior vice president of U.S. Sugar Corp. in Clewiston.

Some residential wells in Jupiter are showing signs of drying, said board member Lennart Lindahl, a Tequesta engineer. And scientists expect a big drop in wading birds' nesting as their habitat dries, Executive Director Carol Wehle said.

Separately, the U.S. Geological Survey announced Thursday that monitoring wells throughout South Florida are showing record lows for this time of year. The same is true for the lake, which is barely a foot above the all-time low it set in 2001.

The board took Thursday's actions in a series of 9-0 votes during a morning of drizzling rain.

Although this week's rain was welcome, water managers said it did little to ease the parched conditions that have struck the region since last year. Wehle dramatized the concept in front of television news cameras by dumping a teacup of water into a big blue bucket - helpfully labeled "Drop in the Bucket."

Wehle said this drought is the first time on record that the district's entire territory has been dry at once, from the Kissimmee River and Lake Okeechobee through the Everglades and the coasts. That means the district can't employ one of its usual strategies: moving water from where it's abundant to where it's needed.

Instead, saving the coast's drinking water means conserving its current supplies and hoping for rain. The district also is seeking federal permission to draw water from the Everglades - which is already below ecologically safe levels - if necessary to save the public wells.

Besides the restrictions, the district's staff announced what amounts to a moratorium on new water permits. The district will continue approving the permits, but using the new water will have to wait until the drought is over.

On the other hand, the board approved 79 variances from the water limits, many of them allowing churches, schools and scouting groups to hold charity carwashes. Those variances require low-volume equipment and ban wasteful "water fights."

Other variances went to elderly people who want to run their sprinklers at night, rather than before dawn, and people who want to water on days other than Saturday for religious reasons.

Boca Raton got permission to flush its fire hydrants, the International Polo Club received approval to irrigate at night as well as in the morning and Barry University received an extra day per week to water the Bermuda grass on its athletic fields.

While welcoming the restrictions, some environmentalists urged the district to stop development and make conservation a permanent priority.

"This shortage situation should be a wake-up call," said Alex Larson, an activist from The Acreage, adding that the environment and agriculture should get priority over lawns. "I don't care if the grass turns gray or purple."

Fugate said he hopes the state won't forget the drought's lessons once the rains return.

"I would just implore us not to make the mistake I think we made when the last drought ended," he said. "We switched to other issues."

Arid South Florida urged to turn off the water

By ASSOCIATED PRESS
Published April 13, 2007

WEST PALM BEACH - South Florida residents must cut water use by up to 30 percent under new rules approved Thursday as the state continues to suffer from unprecedented drought conditions.

The board of the South Florida Water Management District approved restrictions that call for a 30 percent reduction in water use in Palm Beach , Broward, Miami-Dade, Monroe , Lee, Collier, Hendry, Glades and Charlotte counties. Martin and St. Lucie counties will have to reduce use by 15 percent.

Residents around Lake Okeechobee will have to cut back 30 percent, while farmers in that area must cut use by 45 percent.

"If we don't get above average rainfall this summer, we may not come out of drought" until after next year's dry season, said district director Carol Wehle

The new restrictions will be in place until rains return to the region. Despite scattered showers Thursday, officials said South Florida would need at least six weeks of steady rain with several inches a day to return to normal water levels.

The rules mean residents will have to cut back lawn and garden watering to two days a week between 4 and 8 a.m. for the lower east and west coast regions and three days a week in Martin and St. Lucie counties.

Residents around Lake Okeechobee , which is at a record low for the month, can water only twice a week.

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

Water-use permit decision appealed
County claims permit not in public's interest


BY SUSAN LATHAM CARR
STAR-BANNER

OCALA - Marion County on Thursday appealed the St. Johns River Water Management District's decision to issue a 20-year water-use permit to pump half a million gallons of water a day in Citra to supply bulk water to commercial bottling plants.

"They have misinterpreted the statute requirement that the permits be issued in the public's interest," Assistant County Attorney Tom MacNamara said about the district. "I think the public interest includes whether the use is consistent with the zoning of the property."

Attorneys for St. Johns could not be reached for comment Thursday. Neither could applicants C. Ray Greene III and Angus S. Hastings.

The county contends the permit is not in the public's interest because the land is zoned agricultural.

"It's not consistent with zoning and land use," MacNamara said.

In order for the property to be used for water distribution to bottling companies, the county commission, an elected body, would have to issue a special-use permit, and none has been requested.

"They don't have the authority to exclude that fact from their consideration of public interest," MacNamara said about the District's board, which is an appointed body. "We are going to make new law, we hope."

When Greene and Hastings applied in 2005 for the permit to pump the groundwater out of an existing well in the Black Sink Prairie off Northeast 175th Street Road, known also as Pine Church Road . They already had a permit to use surface water for their limerock mining operation.

When the surface water permit expired, Greene and Hastings requested an allocation of surface water to use for mining until the end of 2006. So, the application became a request for both ground and surface water.

Since then, the applicant has received a temporary permit that authorizes dewatering at the site until the end of 2007 in order to continue the mining operation.

Both the well that will draw the water for use as bottled water and the pump for dewatering the mine are located adjacent to the mine at Black Sink.

The county already requested an administrative hearing, hoping to stop the groundwater permit, but lost its argument. The District said the permit meets the criteria for being a reasonable beneficial use, for being in the public's interest, and it does not interfere with any presently existing legal use of water.

Greene and Hastings ' consultant, Robert "Clay" Albright, could not be reached for comment Thursday. Albright, a commercial real estate broker, is a member of St. Johns governing board, which votes on permits. He excused himself from the Black Sink vote.

The county is appealing the District's decision to allow the pumping of 182.14 million gallons of groundwater a year to the 5th District Court of Appeal in Daytona Beach .

"It usually is a six-to-nine-month process," MacNamara said. "It could be shorter, but it also could be longer."

In the meantime, because the county, a government entity, has filed the appeal, a stay would be in place preventing the groundwater from being pumped until the matter is resolved by the court.

Susan Latham Carr may be reached at susan.carr@starbanner.com or 867-4156.


Board rescinds irrigation permit for golf course

By Stacey Singer

Palm Beach Post Staff Writer

Friday, April 13, 2007

The month-old vote that gave 209 million gallons of drinking water per year to a new county golf course was yanked Thursday, after water managers blamed "ambiguity," "gray areas" and "a few other problems" with the irrigation permit they had issued.

With no water to keep sprouting grass green, some Palm Beach County commissioners called for a second look at what to do with the now-barren 500-acre property west of Boca Raton .

"It would be nice to put affordable homes on it, wouldn't it?" Commission Chairwoman Addie Greene said. "Nice spot for workforce housing. Perfect. And paint it pink."

Commissioner Jeff Koons questioned the commission's 1998 decision to change the plan from a campground to a golf course.

"Obviously, this decision was made 10 years ago," said Koons, who first was elected to the commission in 2002. "Given that it's a unique property up against the conservation area, maybe there's a higher and better use for it. I want to take a look at it."

Commissioner Karen Marcus, who had voted initially for the course, agreed.

"It's a big park, and I don't think I knew it was up against the Everglades ," Marcus said. "It's a long time since 1998. Things have changed. I think that its location makes it more suitable for other things."

Commissioner Burt Aaronson, who had pushed for the golf course in his south county district, had little to say about the permit being withdrawn.

"I have no comment," he said. "They took their action and we'll see. OK?"

The county has so far committed to spending $40 million for a park that was to feature 27 holes of low-priced golf plus an amphitheater, festival and picnic area. Construction - delayed by hurricanes, contractor problems and environmental difficulties - was nearly complete, except for the planting of grass and landscaping.

The turn of events frustrated members of the West Boca Community Council, which had lobbied Aaronson for a course over a campground so that the park could serve local residents rather than outsiders.

"If it hadn't been for the hurricanes, we would have had a golf course a year ago and we wouldn't even be talking about this," council President Sheri Scarborough said. "We want to see the golf course followed through. I'd hate to see that all this work had gone into it and then it had just been a waste of taxpayer dollars. That would be a crime."

The decision by the South Florida Water Management District's board came one day after they learned that the staff supervisor who had endorsed speedy approval of the watering permit may have had an ethical conflict.

Robert J. Moresi has been the director of the district's water-use regulation division since June. He lives in a West Palm Beach home owned by the engineering consultant hired to win the permits.

County consultant Robert Higgins told The Palm Beach Post Wednesday that he rented out a room in his Starwood Circle home to Moresi because he's a friend of 25 years, not because he was in a position to help Higgins' public and private clients win their water approvals. Higgins declined to disclose the amount of rent Moresi paid. Higgins said that despite appearances, there was no conflict of interest.

Commissioner Mary McCarty was annoyed. "I just want to find out why the permit wasn't done properly," said the commissioner, who is married to the chairman of the water district's board, Kevin McCarty. "Palm Beach County should be setting the example on how to do things properly."

Leading up to the vote, Kevin McCarty made only vague reference to the problematic housing arrangement. He agreed with points raised by environmental attorney Marcy LaHart, who last week filed a legal challenge to the permit. LaHart contended that the county needed to abide by a new rule limiting additional draw from the region's drinking water.

"The understanding is this permit needs to be in conformance with the regional water availability rule that we passed, and that's a problem, and we're not sure that it does," Kevin McCarty said. "And there are a few other problems, too."

So what next for the beleaguered course? County Administrator Bob Weisman said only time would tell.

"I guess we're going to wait and see what kind of re-review water management is going to do," Weisman said. He accused the agency of changing the rules in the middle of the game. If the permit can't be granted without substantial additional expense, Weisman said, "we'd work with Commissioner Aaronson primarily, since its in his district, and then we would evaluate again. If they're going to tell us that the current approval is not going to stand up, then we would have to reconsider."

Water managers now suggest that the county find another source, such as water reclaimed from sewage treatment plants. The nearest is about 10 miles away, near Atlantic Avenue and Hagen Ranch Road west of Delray Beach, Weisman said. It could cost $10 million more to extend those pipes, and only two other courses would likely benefit, he said.

Meanwhile, Moresi continues to work at the district. Division directors at his level are paid between $68,910 and $121,576 per year and supervise as many as 50 employees, district spokesman Randy Smith said.

Weisman said he hasn't decided what to do about Higgins, the consultant brought in to solve the golf course's permitting difficulties.

"We cannot have a situation where someone who is working for us has a continuing conflict with an employee of the district," Weisman said. "Clearly that situation has to rectify itself - perceived conflict or otherwise."

A Healthy Skepticism On New Roads

Tampa Tribune editorial Published: Apr 13, 2007

The latest poll of Hillsborough residents shows that four out of five people think this increasingly congested urban area needs more transit, maybe even passenger rail, in the future.

They're right. Voters in most other cities this size have come to the same conclusion and have built or are building rail systems. Detroit and Tampa are among the few cities trying to solve the transportation problem with roads alone.

But more pavement is only part of the solution, and most people understand that. Asked if they think building more roads will make traffic less congested in the next half century, 55 percent said no.

They responded based on their own observations. Wider and longer roads in the suburbs are carrying more cars than ever, and creating bigger traffic backups. And many city roads like Dale Mabry Highway south of Kennedy are impossible to widen, no matter how bad the traffic gets.

Previous polls have shown majority support for rail, yet voters in Hillsborough County have never been asked to approve or reject a rail plan.

Odds are improving that the question will someday reach the ballot. Hartline's board has decided to ask federal officials how to revive a rail plan that was put on the shelf a few years ago.

The new poll by the Hillsborough City-County Planning Commission also revealed an inconsistency that requires smart political leadership to resolve. People say unaffordable housing is a major problem. They also say that new development should pay more of the costs of growth, which would raise housing prices.

The only way to address the contradiction is to make both growth and transportation more efficient.

Road Fix May Mean Wider and Longer

By Tom Palmer
The Ledger
BARTOW - Traffic congestion in the high-growth area of Lakeland between Kathleen Road and U.S. 98 North may require a new road network to prevent further gridlock, traffic planners told the Transportation Planning Organization on Thursday.

The solution will likely involve extending and connecting existing roads, planner Ryan Kordek said.

Affected could be portions of Banana Road, Marcum Road, D.R. Bryant Road and Raulerson Road.

Duff Road is the main east-west corridor in this area, but an evaluation revealed it was impractical to widen. There isn't enough right of way along the heavily developed road, Kordek said.

Kordek said widening Banana Road and extending the others was more practical because there were fewer property owners involved and the homes there now are generally farther away from the edge of the road, which means the project would not involve condemning houses.

But at this point street-widening projects have not progressed beyond the planning stage.

"There are no plans to fund them," he said.

Lakeland Mayor Buddy Fletcher asked planners at the meeting whether an alternative might be to resurrect a proposal to carry the Polk Parkway north of Lakeland, making a complete loop around the city.

"I thought we were going to have a rough idea of that project," Fletcher said.

Ben Walker, a planner from the Florida Department of Transportation, said that idea was examined but was rejected because there would be too many environmental problems. The road would have to be constructed through the Green Swamp Area of Critical State Concern.

"That idea has kind of died," Walker said.

Fletcher said he still thought it was a good idea and speculated there might be a way to avoid the Green Swamp.

Getting back to the Duff Road issue, County Commissioner Bob English asked whether it was possible to three-lane Duff Road even if wasn't practical for four-lane it.

Kordek said it may be possible to install left-turn lanes at key intersections, because traffic backups behind turning vehicles are a major problem.

Tom Palmer can be reached at tom.palmer@theledger.com or 863-802-7535. You can read more on the environment at Palmer's environmental blog, River Valley's Journal, at http://environment.theledger
.com and more on local government at Side Table Spectator, Palmer's county government blog, at http://county.theledger.com.

Getting into hearing in Briny no breeze

By Eliot Kleinberg

Palm Beach Post Staff Writer

Friday, April 13, 2007

BRINY BREEZES — It was a rare sight: people trying to fight their way into town hall.