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.

For decades, Briny operated in obscurity, even as mansions and condominiums rose around this oceanfront mobile home park.

In January, residents agreed to sell to Boca Raton-based Ocean Land Investments for $510 million, making most of them millionaires.

Last week, Ocean Land submitted a plan for a "full destination resort" for 2,280 in 12- to 20-story towers: a 900-unit condo, 300 time shares and a hotel with up to 350 rooms.

On Thursday, the town's Board of Aldermen held the first of three hearings on the plan. This one was short on specifics and was mostly for public comments.

Normally, the number of people at meetings can be counted on one hand.

On Thursday, the town squeezed 85 card chairs inside and people still stood. Dozens more waited outside.

Brad Gallagher, who lives in the unincorporated "county pocket" across the street, showed a postcard he'd received from Palm Beach County Commissioner Mary McCarty, who was at Thursday's meeting.

"I was invited to this," he said. "Now I'm being told I can't get inside? This is ridiculous!"

Jim Phillippi, a resident put in charge of the door, explained to everyone that the place was full.

Gallagher tried to push his way in. Phillippi blocked him: "You're not coming in," he said.

The two began a brief tug of war. Gallagher shouted in to the council and to McCarty, demanding to be heard. Moments later, he was sitting next to the commissioner.

Florida's public meetings laws require that councils anticipating turnout larger than capacity "take reasonable steps to ensure that the facilities where the meeting will be held will accommodate the anticipated turnout." Failing to do so, the law says, may violate public access laws.

Mayor Roger Bennett said the council couldn't have moved to the auditorium because seats weren't set up, and besides, town hall had been announced as the site.

The council voted to move to the auditorium, which holds 300, for the next two gatherings: a workshop on Thursday and a hearing April 26 at which the council would vote to send the plan to the Florida Department of Community Affairs. The state would make comments and return it to the town for formal adoption.

"If you're for it, if you're against it, April 26, you need to speak, not put it off," McCarty urged.

Those waiting outside Thursday included Nancy Hogan, a commissioner in Ocean Ridge, to the north. She was one of several who filled out a form in order to speak.

"My God! Don't make your citizens stand out in the heat!" Hogan told the panel.

She also said her town wants to work with Briny. Leaders of Ocean Ridge and Gulf Stream, to the south, have opposed the ambitious plans.

Briny resident Tom Byrne, who had passed out "NO" buttons in January before the sale vote, and Robert Ganger, president of the Gulf Stream Civic Association, wanted more details. Ocean Land consultant Charles Siemon stressed the plan is a draft and the state still needs to pick at it.

Also Thursday, Gerald Hauswirth, 84, an alderman since 1999, resigned, citing his health. The council will act April 19 on his replacement.

And Dennis Smith, a retired psychologist, replaced Carol Conkey, 83, who stepped down last month after seven years.

The council had deadlocked 4-4 between Smith and Jack Lee, whom Bennett had ousted as mayor. But Bennett said Thursday that Lee had withdrawn. The council then unanimously picked Smith.

Panel OKs Connerton Village Center

By KEVIN WIATROWSKI The Tampa Tribune

Published: Apr 13, 2007

DADE CITY - County officials Thursday gave the green light to a new village center for Connerton, the massive development going up east of U.S. 41 in the heart of Pasco County.

The project's developer, Connerton LLC, has begun work on homes in its second phase, known as The Gardens. Connerton's second phase includes two school sites.

This week's approval by the Development Review Committee cleared plans for The Gardens' village center. The 21-acre site will include a day care center, clubhouse, small-scale retail, tennis courts and a grass-covered amphitheater.

The new development will lie along Connerton Boulevard to the east of The Arbors, Connerton's first neighborhood.

The DRC approved a raft of alternate designs and exemptions to the county's land-development rules so Connerton officials can design the village center in keeping with the overall vision for the community. That vision includes lots of pedestrian-friendly spaces and some close-built homes with alleys.

Connerton is being built on more than 8,000 acres formerly known as the Conner Ranch. The developers envision creating a largely self-contained community between U.S. 41 and Ehren Cutoff Road.

DRC members also spent a chunk of Thursday's meeting handling changes to the county's land-use maps.

In the case of Darby Oaks and Dowling Lake, two projects at the north edge of the county, DRC members insisted landowners develop the land under new conservation subdivision rules aimed at concentrating development on 50 percent of a given chunk of land so the rest can be kept open for wildlife and rural uses.

The developers had hoped to win a different zoning to let them develop more of their property.

Also Thursday, DRC members:

•Approved a plan by North Carolina-based BB&T Bank to convert into a bank the abandoned Eckerd's drugstore at the southeast corner of Ridge Road and Little Road in New Port Richey.

•Approved an office park at U.S. 41 and Morgan Road at the entrance to the Sunset Park subdivision. The office complex will include 130,500 square feet of office space split among 45 buildings - an average of 3,000 square feet per building. The complex will sit along the west side of the CSX railroad line that parallels U.S. 41 through Land O' Lakes.

•Approved a 97.5-acre sand mine in north-central Pasco. Developers intend to remove 2.5 million cubic yards of earth from the mine to sell to the state Department of Transportation and others. The mine, which eventually will fill with water, will be developed with a lakefront properties, said Robert Williams, an attorney for developer James P. Gills Jr. of Tarpon Springs.

Developer gets some wiggle room

The builder of an office complex has a backup plan, thanks to approval from Pasco planners.

By CHUIN-WEI YAP
Published April 13, 2007

DADE CITY - Ashley Glen, the proposed 1.8-million-square-foot office complex at the Suncoast Parkway and State Road 54, is expected to require $27-million worth of road improvements.

Negotiations with regional planners are continuing, but the dollar amount is causing enough angst for the developer that it decided to take out a form of insurance Thursday.

That's when Pasco's top staff planners gave their approval to allow Ashley Glen to keep its earlier county-awarded designation as a largely residential project, should negotiations with regional officials fall through on the multistory office proposal.

That's not an outcome the developer, JES Properties, or the county wants.

Unimpressed by the prospect of a purely residential project at a prime corner of Pasco real estate, top county officials in early 2005 threw their weight behind creating the biggest office park in the county, complete with tower blocks that could rise 11 stories beside the highway.

That's when they brought JES into the picture to revamp an 800-home proposal by Standard Pacific Homes. Late last year, the county had, in fact, encouraged JES to increase its office square footage from 1.2-million to 1.8-million, said Doug Weiland, JES's president.

On Wednesday and Thursday, Weiland and Steve Booth, the developer's attorney, said negotiations with regional planning officials are still going well.

But Booth said road improvement costs, which are billed to the developer as its "proportionate share" of the impact on local traffic, were always a matter of concern.

At Thursday's Development Review Committee meeting, county planners also approved a clutch of technical changes to the county's development blueprint to let JES Properties press on with its office project.

Chuin-Wei Yap can be reached at 813909-4613 or "cyap@sptimes.com.

County Hires Judge For Zoning Enforcement

By Gary Pinnell of Highlands Today

Published: April 13, 2007

SEBRING — Jim Polatty wanted to make it clear, he means no disrespect to the state's attorneys or the county courts.

Given a choice between prosecuting a criminal assault or a barking dog complaint, the state's attorneys would have to prioritize, and Highlands County's development services director understood that.

"It's a fact of life," Polatty said Thursday. But the county needed a civil – not criminal – method of prosecuting zoning and code violations.

"Everything was a criminal violation," Polatty said.

That's why Pam Karlson, a Lake Placid attorney, was sworn in as a special magistrate for Highlands County code enforcement issues.

"When a judge tells you to do something, it's more important than when (code enforcement officer April Hartseil) tells you," said County Commission Chairman Guy Maxcy, who administered the oath of office.

Civil fines are a faster way of dispensing justice, Polatty said.

Hartseil showed a fine schedule: violators can be penalized from $50 to $500 per offense, daily.

Maxcy said a magistrate is one way of removing politics from code violations, like the failure to mow tall weeds or remove junk from a residential yard.

Polatty agreed. The alternative, he said, would be to appoint an enforcement board, which might allow violators to dally longer instead of cleaning up the mess. "This adds more certainty to the process," he said.

Liens And Enforcement

Karlson, who has practiced law since 1994, specializes in real estate, and has represented clients before the county commission. She is scheduled to try cases on the second and fourth Thursdays each month, from 1:30 p.m., or as needed.

"We'll probably hear uncontested cases on one day, and on the other day have contested hearings," she said. Violators can appeal her rulings to the county court.

Maxcy said a magistrate would streamline the code enforcement process. One way to do that, said Hartseil, is that the county attorney or code enforcement officers – instead of state's attorneys, can now present cases to the judge.

"This provides a more efficient, cost-efficient method," Karlson said. As a magistrate, she can order violators to pay fines, but unlike criminal judges, she can't sentence someone to prison.

However, she can order that a lien be placed on property and require the property to be sold if those liens aren't paid.

Did you hear the one about the zoning lawyer?

A fundraising roast puts the focus on an attorney.

By MICHAEL VAN SICKLER
Published April 13, 2007

TAMPA - Dining on filet steaks and barbecued shrimp, 280 of Tampa's business elite lobbed good-natured barbs at the evening's guest of honor.

It was a Thursday night roast, Friars Club-style, at the Tampa Bay Performing Arts Center to raise money for the Hillsborough County Anti-Drug Alliance.

The local celebrity the nonprofit board chose to rope in big donors: Ron Weaver.

Never heard of him? Well, you haven't been to a zoning meeting in the past 30 years. That's where Weaver has marked his turf as one of the town's top zoning lawyers.

The Citrus Park mall? He helped get that approved. The giant Trinity community in Pasco County? Yep, that's him, too.

Las Vegas may roast the Dean Martins of the world. Houston exalts Big Oil. New York City deifies the lions of Wall Street or Broadway.

At least for this week, Tampa feted two prominent figures from its marquee industry: land development.

On Tuesday evening, the American Cancer Society honored land use attorney Rhea Law, the chief executive of Fowler White, at a Neiman Marcus fashion show.

Being a zoning lawyer was hardly the best calling card when Weaver graduated from Harvard Law School in the early 1970s and began his career in Tampa.

"People would say, 'He's a zoning lawyer. Too bad.' " Weaver said. "But then, starting in the early 1980s, they started saying, 'Hey, he's a zoning lawyer. Maybe he can help us.' "

Florida's population surge helped. Hillsborough County's population climbed from 646,960 in 1980 to 1,111,717 in 2005, according to the U.S. census. Those new residents had to live somewhere.

Weaver also credits land development laws passed in the 1980s.

"It got complicated," Weaver said. "We had developers lining up outside our doors. They needed us."

While celebrated in some quarters as the shepherds of growth, land use attorneys aren't held in high regard by some residents who say development interests hold too much sway over elected officials.

Even Weaver joked about a day of reckoning.

"When we land use attorneys die," he said, "we may have to chew through all the concrete we got approved to get to heaven."

Michael Van Sickler can be reached at 813 226-3402 or "mvansickler@sptimes.com.

Realtors' forecast gets a bit gloomier

By STEPHEN FRATER

stephen.frater@heraldtribune.com
The National Association of Realtors thinks the national median price for existing homes will drop this year for the first time since the organization began keeping records in the late 1960s.

The trade group also lowered its 2007 sales forecast for new and existing
homes.

NAR is forecasting a 0.7 percent dip for the national median price after
a 1 percent gain last year. The group also is estimating that existing home
sales will fall 2.2 percent this year, compared with a previous forecast of
a 0.9 percent drop.

The news from the Realtors organization is confirmation of something that
many real estate experts already knew and have noted. But for a group so
well-known for its optimistic appraisal of the housing market, to some it
was quite the pronouncement.

"My first thought was, 'Wow, not even the spinmeisters at the NAR can
sugarcoat the current market any longer,'" said Thomas Heimann, a real
estate agent and president of Sarasota's Bravo Brokers. "My second thought
was: I wish we'd only have a 0.7 percent drop in prices in our market."

But NAR spokesman Walter Molony said in a telephone interview Wednesday
that the downward revisions in the price and sales numbers were not any
indictment of the general health of the real estate market. The NAR just
thinks that tighter lending standards and the continued fallout from the
subprime mortgage market are going to have an impact on sales and values.

Subprime refers to a class of borrowers with weak credit histories who
would not qualify for standard mortgages. Loans to this kind of customer
were widespread during the recent real estate boom.

The change in outlook was "all due to our projections of subprime
problems, which are highly concentrated in California, Florida and other
scattered metro areas.

"All the other areas of the nation will probably post normal
recovery-type numbers," Molony said. "Some of the price softness has to do
with projected foreclosures increasing inventories in some local markets."

The national median sale price for new homes is projected to rise 0.4
percent after a 1.8 percent gain last year. The NAR is forecasting a 14.2
percent decline in new home sales compared to its previous estimate of a
10.4 percent slide.

There have been some significant signs of life in the Southwest Florida
housing market -- both in raw statistics and in anecdotal evidence provided
by real estate agents.

Sarasota-Bradenton's median sales price dropped 9 percent in February
when compared with the same month in 2006, from $324,200 to $294,500. But
the February 2007 figure was an improvement from prices of the last four
months, which averaged about $284,000. Charlotte County-North Port saw flat
sales in February and registered an 11 percent drop in prices, taking the
market to near a $200,000 median sale price.

"We in the Sarasota-Manatee market were among the first to drop and I
believe we will be among the first to begin to recover," said Chad Roffers,
president of Sarasota's Sky Sotheby's International Realty.

Molony noted that the national median price figures also have been
distorted because of shift in the composition of sales from high-cost to
low-cost markets. "So it's not an apples-to-apples comparison. Most areas
can expect slight gains, and some will see declines, so on balance overall
prices will be essentially flat," he said.

The NAR has cut its 2007 home sales forecast by 140,000 to 6.34 million,
a figure that would still mean the fourth highest sales year on record, and
that bodes well for the nation's economy, Molony said.

"Keep in mind that the economic impact of housing results from sales
volume -- units, not price appreciation," he said.

The new home market is in a steeper decline because of oversupply, and
will not see sales pick up until later, Molony added.

Heimann thinks that a recovery in the Southwest Florida market "may take
a lot longer than even I anticipated."

While sales volume did pick up for Bravo a bit during the last few
months, most were for homes below $250,000, and most buyers used subprime
loans.

"As a matter of fact, 9 of our 10 last sales had 100 percent financing,
and if the subprime market dries up, then that will have a certain impact on
sales activity," he said.

Heimann is expecting that some areas of the region will see another 5 to
10 percent price decline. "It may well be into 2008 until we see a recovery
and significant reduction in available inventory," he said.

"It's all about inventory levels," said Manuel Iraola, president of
Miami-based Home- keys.net, an online realty brokerage that sold $70 million
worth of property in 40 Florida counties last year. "Inventories have only
one way to go -- up, and prices have only one way to go -- down," until the
situation stabilizes.

The trouble in the housing market is coming from many directions, and
involves buyers, lenders and mortgage originators, said Andrea Rankin,
president of Sarasota's Rankin Mortgage.

Roffers thinks buyers have enormous leverage right now.

"There are 10,000 homes to pick from instead of 3,500" and "plenty of
sellers will work very hard to get a deal done."

Ocoee's boom will mean more places to eat, shop

Erin Ailworth
Sentinel Staff Writer

April 13, 2007

OCOEE -- The coming steakhouse is the talk of the town. So is another Starbucks and the possibility of a Panera Bread.

That's how it is when your hometown, which has long lacked the upscale eateries and shops considered staples in growing cities, is about to get a venti-sized influx of commercial growth in the next three years.

Resident Martha Lopez-Anderson, who considers herself a "foodie" and loves "fine dining," often laments the city's dearth of restaurants and entertainment.

"If you want to go to the doctor or the furniture store, you go to Ocoee," Lopez-Anderson said. "[But] every time we go out, we are always out of Ocoee."

Planning officials said they hope the stores and restaurants, business parks and medical offices will help balance the wave of residents expected to follow the construction of more than 5,700 homes on Ocoee's menu within five years. The new homes will bring an estimated 17,000 people, growing the city by more than half its current population. The wave will make Ocoee more populous than Altamonte Springs is now.

"As you know, community development follows residential growth; you can't have one without the other," Community Development Director Russ Wagner told Ocoee city commissioners at a recent workshop to discuss the city's boom.

The almost 3 million square feet of planned commercial space would bring a Texas Roadhouse Grill, another Starbucks, a new ABC Liquor store, an Advanced Auto Parts and a carwash to Ocoee.

The business is good news for Ocoee, said Krista Compton, vice president of the West Orange Chamber of Commerce.

"If you have a majority of residents but you don't have anything for them commercially -- the shops, the restaurants -- then their tax dollars go somewhere else," Compton said Wednesday. Ideally, municipalities want their residents to be able to live, work, play and spend within city limits.

Commissioners had some concerns, however.

Commissioner Gary Hood said he wanted to be sure the businesses coming to Ocoee would be enough to feed the needs of old and new residents.

"I think we've got too many people here and not enough commercial to support it," Hood said. "You keep adding people . . . it catches up to you. I think it's caught up to us."

Some commissioners blame the city's approval process, which Wagner called "the funnel," for its current lack of commercial development.

"You and I both know . . . we've had projects last two to three years coming through the system," said Commissioner Rusty Johnson, who requested the workshop. Because of those delays, Ocoee has lost out on projects, he said.

Lopez-Anderson couldn't agree more.

"There's a trend where they [businesses] are skipping over us and going to Winter Garden, Clermont, Groveland," Lopez-Anderson said. She attended part of last week's workshop, as did a handful of other residents, and cheered news of the incoming Texas Roadhouse Grill.

"That one steakhouse, I'm not kidding you, it's going on like four years that we've been talking about this," she said.

"The day that they break ground down there will be a reason for celebration."

Erin Ailworth can be reached at eailworth@orlandosentinel.com or 407-420-5507.

550 jobs to be lost as firm is closed

ABN AMRO, a Citigroup-owned mortgage company, is shutting down in Jacksonville.

By DIANA MIDDLETON, The Times-Union

ABN AMRO Mortgage Group's 550 employees in Jacksonville were told Thursday that their office will be closed by the end of the year and they will lose their jobs.

The mortgage company was recently purchased by Citigroup in a deal that closed March 1. Since then, Citigroup had been working to integrate ABN AMRO's mortgage services with the services it already provides through its own mortgage subsidiary CitiMortgage.

The primary function of ABN AMRO's Jacksonville office, in the Flagler Center corporate park, was as a customer service and processing call center - needs that were already being met by existing Citigroup offices, Citigroup spokesman Mark Rodgers said.

Thus, the closing.

The measure follows the announcement Wednesday that 17,000 positions were eliminated by Citigroup worldwide, 680 of which are in Florida.

Rodgers said the two job cuts are not related, noting that the recent Citigroup restructuring was well-planned by the time ABN AMRO was acquired. And since that acquisition, Citigroup has been analyzing job positions and entire office sites to determine whether they are vital to the overall company.

Employees were told of their fates at town hall-style meetings, learning that some jobs will be immediately eliminated, while other employees can stay on board for months until the site's closing.

"As you transition records and systems, and as different pieces move over, a position will [stay in place] for as long as it takes to get that portion of the business transitioned," Rodgers said.

ABN AMRO has been in the Jacksonville market since 1999, when it purchased Atlantic Mortgage and Investment Corp. for an estimated $350 million, according to Times-Union archives. The company had 431 employees at that time. ABN AMRO was the third owner of Atlantic; its previous owners were Pitney Bowes and the Regency Group.

Normally, when a company with a Jacksonville office is acquired, Cornerstone, a program that encourages existing companies to grow and expand - so Jacksonville doesn't lose them to another area - takes notice, spearheading communications to keep negative impact to a minimum. But Jerry Mallot, executive director of Cornerstone, said ABN AMRO had always been "a very quiet company."

"I didn't even know they had so many employees," he said.

Such a large loss of jobs will make the mayor's office look harder at what it takes to be an attractive city for job retention and business growth, said Susie Wiles, spokeswoman for Mayor John Peyton.

"Despite the fact that our economy is growing, a loss of jobs of this size is something we don't prefer," she said. "It makes us take a look at whether we are doing everything we can to make Jacksonville an attractive area to grow or relocate your business."

Affected employees will be "encouraged" to take jobs at existing Citigroup locations in the area, Rodgers said. Citigroup will also subsidize at least a portion of outplacement services for affected employees. Citigroup has not yet decided what it will do with the building, Rodgers said.

Thursday afternoon, several ABN AMRO employees streamed outside to smoke cigarettes and commiserate.

But there's hope - and plenty of jobs available - for those employees, according to Cornerstone's Mallot.

"I've already had one call from a major financial services asking how they can engage the people affected by the announcement," Mallot said, noting that companies like Merrill Lynch and Fidelity Investments are aggressively expanding hiring in Jacksonville. "There's more than hope. There's real opportunity for the employees."

diana.middleton@jacksonville.com, (904) 359-4404

Growing anxiety

Sarasota Herald-Tribune editorial

Frustrated Sarasota voters opt for a leadership change


It takes good policy decisions to beget good growth -- and Sarasota isn't seeing enough of either.

That's the message, we suspect, sent by city voters in elections that ousted two commission incumbents.

In Tuesday's runoff, Richard Clapp beat District 2 Commissioner Mary Anne Servian. On March 13, District 3 Commissioner Danny Bilyeu lost to Kelly Kirschner. Only District 1 Commissioner Fredd Atkins' constituents gave him another term.

It's hard to know at this point whether, once in office, beginners Clapp and Kirschner will be able to gain traction for the sustainable, human-scale, neighborhood-compatible community they envision. But their victory does change the prevailing wind on the City Commission.

It's doubtful that the board will become anti-growth. But a new majority -- with at-large Commissioner Lou Ann Palmer as the potential fulcrum -- is likely to demand stronger justification before approving developments, particularly those needing subsidies or regulatory breaks.

This makes sense. One of the sharpest complaints against the incumbents is that they didn't ask enough of developers in two prominent controversies:The Pineapple Square retail/condo project, in which city land was traded at an undervalued price, against the advice of city staff and Palmer.

The 1350 condominiums, which received a major, unanimous density bonus that resulted in an overwhelmingly large, out-of-scale building.

Those were not the only controversies: This was a time in which housing grew unaffordable; construction disrupted a changing (i.e., urbanizing) downtown; the city manager and the Van Wezel director lost support and departed; traffic (and road-funding deficits) increased; sewage spilled (twice) into Hudson Bayou; lingering red tide aggravated environmental doubts; Newtown awaited economic rescue; and the price of a new police station and a proposed baseball stadium skyrocketed.

All of these challenges raised anxiety and heightened discontent. It will be the new commissioners' privilege -- and burden -- to help resolve these issues.

As Bilyeu and Servian leave the commission, they deserve thanks for working so hard for their vision of a thriving city. They influenced Sarasota at a difficult time of transition -- which is by no means complete.

Tough choices and a slowing economy await the new commissioners -- who have our appreciation for their willingness to take on the tasks ahead.

Sarasota's new slow-growth leaders take office just as growth is slowing

By CAROL E. LEE and KEVIN MCQUAID

STAFF WRITERS

carol.lee@heraldtribune.com
kevin.mcquaid@heraldtribune.com
SARASOTA -- The city's two new commissioners, Kelly Kirschner and Dick Clapp, will have little time to ease into their jobs before they're faced with some big decisions -- including the selection of a new city manager.

"It'll be kind of like going back to school," Kirschner said. "I look forward to diving into it."

But the candidates who promised to change the pace and process of growth in the city will have no say in some of the projects they criticized during their campaigns. And given the downturn in the real estate market, they could wind up making good on their slow-growth pledges by default.

"Right now, downtown isn't growing very rapidly not because of votes from the commission but because of the market," said Tony Souza, executive director of The Downtown Partnership of Sarasota Inc.

In campaigns dominated by development issues, Clapp and Kirschner unseated incumbent commissioners with more than 60 percent of the vote. The message from city voters was clear: Slow down and listen.

One of the first issues the new commissioners will face is a vote on April 16 on whether to make it harder for developers to change the city's comprehensive plan to increase density of their projects. If approved, the new rules would require four out of five city commissioners to approve the higher density. Under current rules, three 'yes' votes are necessary.

Both candidates have expressed support for the change.

Clapp said the new rule would help commissioners and city residents reach consensus about large development projects.

"If there is community support, it's much more likely that four commissioners will favor it instead of three," he said.

The proposed rule stemmed from a 380-condominium project on School Avenue. Three out of five commissioners approved a density increase, despite complaints from surrounding residents that it would cause major traffic problems.

Kirschner campaigned against the development in his Alta Vista neighborhood, and he will have a chance to vote on it, as it circles back to city commissioners in coming months.

"All of us want that site to be redeveloped," Kirschner said. "I would hope that we could start getting to a real process."

Clapp and Kirschner have both been vocal critics of the city's 30-year deal with the Cincinatti Reds to keep the baseball team in Sarasota for spring training. The agreement hinges on construction of a $54 million stadium.

"I still have a very uncomfortable feeling about building a new one right across the street from an old one," Clapp said.

The stadium's funding includes money from the city, county, state and the Reds. The city also agreed to contribute an additional $10 million with a private investment deal. Proposals for the private investment are due today.

State wants input from public on manatee plan

The Associated Press

WEST PALM BEACH - The state will open a second public comment period as it moves toward developing a final management plan for protecting manatees in Florida.

Citizens had until January to comment on the Florida Fish and Wildlife Conservation Commission's draft plan, which was revised and released Thursday. The commission will open another comment period starting May 7 and extending through June 14.

The final plan will be presented to commissioners in September. If approved, the state will upgrade the manatee's status from endangered to threatened, meaning scientists believe the species has rebounded from the brink of extinction.

Endangered status means an animal is at immediate risk of extinction. Threatened denotes a species could become endangered in the future if protections are not maintained.

"Public input and involvement in implementation are essential to the success of FWC management plans,'' said Ken Haddad, the commission's executive director.

Scientists estimate there is about a 12 percent chance of significant decline in the statewide manatee population over the next 60 years.

"The aim of this plan is to take steps to reduce that chance to 1 percent or less,'' said FWC scientist Kipp Frohlich.

The U.S. Fish and Wildlife Service has recommended changing the manatee's status from endangered to threatened in Florida and Puerto Rico after deeming it no longer meets the requirements to be deemed endangered. The change won't take effect until after the public comment period.

An annual census of manatees recorded 2,812 of the animals in Florida waters this year. In 1991 - the survey's first year - 1,267 manatees were found in the state.

Regardless of a classification change, the manatee would remain protected under the federal Endangered Species Act.


Manatee news briefs

Regulators to provide update on Piney Point

MANATEE COUNTY -- State environmental regulators will update the Agency on Bay Management today about the status of their four-year cleanup of the closed Piney Point phosphates plant in north Manatee County.

The 9 a.m. meeting will be at the Tampa Bay Regional Planning Council offices, 400 Gateway Centre Blvd., Suite 100, Pinellas Park.

The Florida Department of Environmental Protection has systematically dumped 1.1 billion gallons of treated waste water, which were stored in earthen mounds at the bankrupt fertilizer plant, into the bay. The agency was concerned that heavy rains could cause a major spill of untreated, highly acidic waste water.

Last week, the DEP said the bulk of that cleanup process is complete and the mounds are mostly empty.

Phosphate Boom Feeds On Corn

By TED JACKOVICS The Tampa Tribune

Published: Apr 13, 2007

WAUCHULA - A day at a phosphate mine in Hardee County hardly resembles one at a Disney theme park, even though CF Industries officials draw a lighthearted comparison.

These days, the unsung mining operation is gaining visitors, just like the world-renowned attractions 50 miles to the northeast.

Along with school groups that climb aboard the cab of a 7 million-pound dragline that scoops phosphate-laden earth into a "bucket" big enough to hold six cement trucks, an increasing number of investors flock to the CF Industries' surface mine site.

Representatives from investment firms in Boston and Denver visited this week, prompted by phosphate industry prospects that appear as bright as ever.

Central Florida's phosphate industry is enjoying a boom period, thanks in large measure to demand for phosphate-based fertilizer to feed a burgeoning corn crop, which supplies an ever-increasing U.S. ethanol alternative fuel market.

Both CF Industries, which has about 180 employees at the Hardee mine and almost 500 more at the Port of Tampa and the company's Plant City processing plant, and world phosphate leader Mosaic Corp., which employs about 3,300 in Central Florida operations, run 24/7 these days.

Stock prices have soared for the two phosphate producers.

CF Industries shares, which remained flat in the $15 to $17 range from November 2005 to August 2006, have soared to about $40 in recent weeks.

Mosaic shares that sold for less than $14 in November 2005 reached the $29 level recently. Despite Mosaic's one-day, 5.5 percent dip with the release of third-quarter profits Tuesday that did not meet analysts' estimates, Goldman Sachs analyst Edlain Rodriquez on Wednesday raised the rating for Minneapolis-based Mosaic from "neutral/attractive" to "buy/attractive."

While the two companies have operations that range far beyond Central Florida, the area phosphate business clearly is pushing overall revenue higher.

"The only time we shut down the dragline is when we get ahead of production capacity," said Nick Katzaras, general manager of the Hardee Phosphate Complex owned by CF Industries, which is based in Deerfield, Ill. "So we might close during peak electric power cost periods during the afternoon, but that's all."

Katzaras supervises the mining operation, which scrapes a mix of phosphate, sand and clay from the ground, separates the phosphate from the mix and ships it via CSX rail to CF Industries' fertilizer processing plant north of Plant City. The sand and clay are returned to the hole, and later trees, plants and grasses transform the mined-out land to densely vegetated areas with streams, where aquatic life regains a home.

A similar surge is under way with Mosaic operations at its multiple mining and processing plants in Hillsborough, Polk and Manatee counties.

"The key is the corn market," said David Townsend, Mosaic's assistant vice president for public affairs in Florida. "Demand is so strong for fertilizer, our average price for a net ton of phosphate was $246 for the third quarter that ended in February and today it is north of $400."

The outlook for fertilizer demand remains strong, with the U.S. Department of Agriculture forecasting corn plantings will increase 15 percent to 90.5 million acres in 2007, the largest increase since World War II.

The Renewable Fuels Association, a Washington-based advocacy group for ethanol production, said 115 ethanol plants were in service in the United States in February and 76 are under construction.

That translates into continued phosphate output locally, with Central Florida supplies predicted to last another 25 years or more.

"In the old days prior to us becoming a public company in 2005, we would make decisions based on providing supplies to our [cooperative] members, as opposed to decisions based on economics," said Herschel Morris, CF Industries' vice president and general manager of its Florida phosphate operations.

"Today, costs remain the same and prices have gone up. That means things have gone up for the company."

Reporter Ted Jackovics can be reached at tjackovics@tampatrib.com or (813) 259-7817.  

Panel makes changes to protection plans
By Jim Ash
FLORIDA CAPITAL BUREAU CHIEF

A House panel moved quietly Wednesday to strengthen an $85 million plan to protect Lake Okeechobee and the Caloosahatchee and St. Lucie rivers it pollutes.

At the same time, the panel stripped $25 million from what began as an aggressive push to protect Florida 's network of signature springs.

''A non-regulatory approach to springs protection is most effective,'' declared the bill's sponsor, Rep. Debbie Boyd, D-Newberry.

The Lake Okeechobee bill is considered the top conservation legislation of the session, creatively designating a great swath of rural land north of the 700-squre-mile lake as '' Northern Everglades .'' The designation ties Lake Okeechobee restoration to a $12-billion plan by the state and the federal government to clean up the famous River of Grass .

The proposal would require developers and growers to more aggressively limit the nutrient-rich and polluted runoff from their properties that eventually finds its way into the lake. It also would prevent growers from fertilizing their fields with sewage sludge left over from wastewater treatment.

Heralded as a great compromise between lawmakers, regulators, environmentalists and developers, the bill began to founder last month when the powerful environmental group, Audubon of Florida, sent an alert to its vast membership calling the measure ''essentially meaningless.''

The group wanted even stronger language that would enshrine a basin protection plan by the South Florida Water Management District into state law.

Without the language, developers could tie the state's rulemaking process up in court for months or years, argued veteran Audubon lobbyist Eric Draper.

The Lake Okeechobee bill still does not include the language, but the House Environment & Natural Resources Council slipped it into another bill, HB 197, that deals with water protection in Northwest Florida . The Senate still has to go along with the change.

''It's the missing key to fixing Lake Okeechobee which is allowing government to regulate storm water that is coming off of development,'' Draper said.

Some of the state's most powerful building and developer lobbyists were at the meeting but did not object.

The Florida Springs Stewardship Act originally called for local governments, regulators and developers to work together to severely limit runoff in the vast basin areas that feed the underground springs.

But Boyd said she agreed instead to call for the creation of a study commission that will report its findings next year.

However, a portion of the bill that declares the Legislature's intent drew fire from environmentalists.

''The Legislature finds that the most cost-effective means to provide protection, restoration and preservation of Florida 's springs is through a non-regulatory approach.''

''That's an awful bill,'' Draper said after it passed the council unanimously. ''It's anti-environmental.''

Tougher S. Florida water-use limits imposed

BY CURTIS MORGAN

Water managers Thursday voted to impose the toughest water-use cutbacks ever across South Florida .

The restrictions, which take effect Friday, come despite recent rains that may have revived some lawns but remain far from making up for a 16-month drought that has dropped water levels across the region -- from the Everglades to Lake Okeechobee, which is on track to hit a historic low before the wet season begins in late May.

Homeowners in Miami-Dade, Broward, Monroe and Palm Beach counties will be restricted to only two days a week of landscape watering instead of the current three.

Golf courses, nurseries and other industrial users face a 30 percent reduction, double the current restriction. The supply to sugar growers and other farms around Lake Okeechobee , already watching crops wilt, could be cut nearly in half.

District board members supported the move, saying they needed to do something drastic to limit impacts on everything from wildlife to drinking water.

Unlike in 2000-2001, the last time a drought forced mandatory restrictions on South Florida , the entire lower third of the state is parched. With water literally evaporating from Lake Okeechobee to the Everglades , managers said they have no reserves to tap and little room to maneuver -- other than ordering more cutbacks.

Lake Okeechobee, the region's water barrel, is so low -- at 10.34 feet Tuesday -- that water managers worry whether they can pump enough to meet the anticipated 45 percent reduction to surrounding farms. If the dry spell continues through June, the traditional start of the rainy season, the lake could plummet a foot below its historic low of 8.97 feet -- a level that could prove devastating to wildlife and the aquatic system as well. Everglades marshes also are at risk of a system-changing dry-down.

Last week, the district issued an unprecedented order to end releases from the water conservation areas into the Everglades, which fringe the suburbs from Palm Beach to Miami-Dade and are sometimes tapped to replenish well fields and groundwater levels. But water managers also have asked for a deviation from the federal government to tap the areas for emergencies, such as preventing saltwater intrusion in coastal wells.

Drainage districts and utilities have been asked to keep canals higher along the coast in an effort to create a freshwater ''head'' or barrier to prevent saltwater intrusion, which could exceed the treatment capacity of some water plants. District maps show Broward wells at risk in Hallandale Beach, Dania Beach, Fort Lauderdale, Pompano, Hillsboro Beach and Deerfield Beach, as well as in Palm Beach County. Miami-Dade is also being asked to shift the bulk of its pumping to western well fields and hold groundwater high along the coast.

The result of shifting the water eastward could be drier western suburbs -- most noticeably in Broward and Palm Beach .

Water managers nix controversial golf course permit

By Robert P. King

Palm Beach Post Staff Writer

Thursday, April 12, 2007

South Florida water managers today rescinded their approval for a controversial Palm Beach County golf course, citing confusion about where the project would get the million gallons per day it needs to keep its greens lush.

Board members of the South Florida Water Management District didn't mention the revelation that has sparked an internal investigation at the agency: the fact that the district regulator who signed off on the golf course's irrigation permit shares a house with the project's consultant.

"There's a few other problems too," board Chairman Kevin McCarty said, adding that he'd like to "begin again" in reviewing the permit application.

"This is not a denial," said board member Lennart Lindahl of Tequesta. He said the county doesn't have to submit an entirely new application.

The district ordered the investigation Wednesday after The Palm Beach Post began asking about the living arrangement between Robert Moresi, director of the district's water use regulation department, and prominent engineering consultant Robert Higgins.

Moresi has been living in Higgins' West Palm Beach home since joining the district in June. Higgins was hired by the county's master developer to solve its problems winning the district's irrigation and environmental permits.

While both men work in West Palm Beach , they have homes with their wives in other parts of the state.

"He could have gotten a room locally and I just said, 'I've got a room, so just pay me what you'd pay,'" Higgins said of Moresi on Wednesday. "We've been friends way before he even became an employee."

Records show that Moresi twice signed the staff recommendation to OK an allocation of more than 200 million gallons of fresh drinking water for the course per year.

The permit, granted last month, allows the golf sprinklers to spray up to nearly 1 million gallons a day from the Biscayne Aquifer, which flows under the Everglades and provides drinking water to most of Southeast Florida . One million gallons is enough to serve the daily water needs of 5,700 people, according to the water district.

Hours after The Post began inquiring about the living arrangement, McCarty announced at a meeting Wednesday that the board might revoke the permit because of an entirely different reason: questions about the golf course's water supply.

McCarty said board members approved the watering permit because they believed the county eventually would irrigate the golf course with reclaimed water from sewage plants. But the permit that the district's board approved in March merely requires the county to consider using reclaimed water, not to adopt it.

The district has received widespread criticism for issuing the permit, which it issued on the same day it imposed watering restrictions because of drought.

Water district to probe golf deal

By Stacey Singer And Robert P. King

Palm Beach Post Staff Writers

Thursday, April 12, 2007

The future of a controversial Palm Beach County golf course grew murkier Wednesday after water managers learned that the regulator who endorsed its million-gallon-a-day irrigation permit shares a house with the project's consultant.

The South Florida Water Management District ordered an internal investigation after The Palm Beach Post inquired about the relationship. "We take this issue very seriously," district spokesman Randy Smith said.

Robert Moresi, director of the district's water use regulation department, has lived in engineer Robert Higgins' West Palm Beach home since joining the district in June. Higgins was hired by the county's master developer to solve its problems winning the district's irrigation and environmental permits.

While both men work in West Palm Beach , they have homes with their wives in other parts of the state. "He could have gotten a room locally and I just said, 'I've got a room, so just pay me what you'd pay,''" Higgins said of Moresi. "We've been friends way before he even became an employee."

Higgins declined to say how much Moresi pays in rent but contended "there's no conflict." Moresi did not return calls for comment.

It's unclear whether their landlord-tenant relationship runs afoul of state and water district ethics regulations. State ethics rules say public employees cannot have a contractual relationship that presents a recurring conflict of interest, said Kerrie Stillman, public information officer for the Florida Commission on Ethics.

Higgins is a well-connected engineering consultant who frequently represents developers and government agencies seeking permits from water-district staff, including Moresi. The disclosure of their personal relationship has prompted the district to turn over the matter to its inspector general, Smith said.

Upon learning of the water district's investigation, County Administrator Bob Weisman notified county commissioners.

"To my great dismay, I have just been advised by South Florida Water Management District management that there may have been an inappropriate business relationship between their Plan Review Supervisor and our consultant water resource engineer for this project," Weisman wrote. "This raises questions about the correctness of the (water district) staff review for the permit."

Weisman said he supported a second review of the permit and added that the course's ultimate fate is unclear.

"It's way too premature" to say what will happen, Weisman said. "We may pursue it, or we will see what the issues are."

Records show that Moresi twice signed the staff recommendation to OK a reservation of more than 200 million gallons of fresh drinking water for the course per year.

The permit, granted last month, allows the golf sprinklers to spray up to nearly 1 million gallons a day from the Biscayne Aquifer, which flows under the Everglades and provides drinking water to most of Southeast Florida . One million gallons is enough to serve the daily water needs of 5,700 people, according to the water district.

The county's 27-hole course, an amphitheater and a festival area have been nine years in the making at the western end of Glades Road west of Boca Raton . It was to become a campground, but the politically powerful West Boca Community Council asked Commissioner Burt Aaronson for something that would serve their gated communities rather than outsiders. On Aaronson's motion, the commission voted unanimously in 1998 to change to a golf course concept. There was no public discussion of environmental or cost issues.

The project has taken years in part because of the complex environmental issues. The land was formerly a county rock mining site. It sits next to the northern remnant of the Everglades , the Arthur R. Marshall Loxahatchee National Wildlife Refuge, and is next to a 10-acre patch of wetlands that had been created to mitigate a shopping center.

At first, the course's main well was to go next to the rock pit, but reviewers thought it dangerously close to Loxahatchee. It was moved farther west. But analysis then suggested the created wetland could dry up once the course started watering. The staff report found those to be minor issues, and gave the county credit for another restoration project already under way near Lantana.

"The use is reasonable-beneficial, will not interfere with any presently existing legal use of water and is consistent with the public interest," Moresi's staff opinion stated.

Water district Chairman Kevin McCarty said board members approved the watering permit because they believed the county eventually would irrigate the golf course with reclaimed water from sewage plants.

Weisman said that's not the case, because early studies showed it would have cost about $10 million to extend the pipes. Plus, there may not be adequate supply, he said.

McCarty said the board could vote as soon as today to reconsider the permit.

"It was my impression that the county was going to be providing reuse water in a fairly reasonable amount of time," said McCarty, who is married to County Commissioner Mary McCarty. "I think that's the board's impression from what we were given at the briefing from staff."

The district has received widespread criticism since the board OK'd the golf-course permit on March 15 - the same day it imposed watering restrictions because of drought. Rosa Durando, conservation director of the Audubon Society of the Everglades , attributed the district's turnabout to "public ridicule and pressure."

"That's just a saving-face statement," Durando said of McCarty's rationale for revisiting the permit. "They knew damn well that the county had no concrete plans to run reuse lines out there."

Whatever the reason, West Palm Beach environmental lawyer Marcy LaHart welcomed the district's willingness to rethink its actions.

"The permit should never have been issued in the first place," said LaHart, who has filed a legal challenge on behalf of a Clewiston outdoorsman who kayaks nearby. "I'm glad they're not digging in their heels."

One potential snag: LaHart said she doesn't think the board can rescind the permit until her challenge is resolved. On the other hand, she said a district lawyer has already contacted her about settling the case.

Another board member, Malcolm "Bubba" Wade of Clewiston, defended last month's vote. He said that as far as he knew at the time, the county had met all the district's legal requirements for obtaining the permit.

LaHart, a former water district lawyer, now is a legal advocate for environmental groups. She has crossed paths with Higgins before - most notably at Mecca Farms.

Higgins has consulted for the county on many water and wetland permitting issues, and worked on the defunct plan to build The Scripps Research Institute on the former citrus grove.

Higgins supported splitting the 2,000-acre development into parts to speed its review by the backlogged U.S. Army Corps of Engineers. Ultimately, Higgins' position failed in federal court. Scripps had to move.

The county, meanwhile, is still struggling with what to do with the property. It had paid $60 million for the land and spent another $17 million on the concrete that sits today in the middle of a vacant field.

Growth guidelines remain out of mix

Some residents worry that officials are favoring developers over the public.

By MICHAEL VAN SICKLER
Published April 12, 2007

TAMPA - A broad range of guidelines that county planners say would curb sprawl and improve development were rejected by Hillsborough County commissioners at a workshop last month.

On Wednesday, some residents who opposed that decision hoped commissioners would reconsider.

They didn't, further heightening the residents' concern that commissioners are consulting more with developers than the public about building policy.

"I'm very discouraged," said George Niemann, a board member of the Dover Woods Homeowners Association. "They seem to be excluding the public in the process."

During a March 14 workshop, commissioners voted 5-2 to toss about 70 policies from the comprehensive plan, which dictates how the county will grow. It sets parameters on everything from where developers can build to how dense and tall their projects can be.

Residents complained commissioners didn't give the public notice it would take action at a workshop, a type of meeting where they typically discuss topics but don't vote on them.

The policies were only recommendations on how to build, said Ray Chiaramonte, the Planning Commission's assistant executive director.

But builders call them onerous and more hassle in an already complicated process.

"They sound innocuous, but they all tend to become mandatory," said Joseph Narkiewicz, executive vice president of the Tampa Bay Builders Association.

Commissioners Rose Ferlita and Mark Sharpe argued that the public should have a say. An assistant county attorney assured them that commissioners could reinstate the policies during a public hearing on April 19.

But commission Chairman Jim Norman turned red faced. "The board voted to exclude the policies," Norman said.

The disagreement, which came at the end of the meeting, left many puzzled.

Chiaramonte and Narkiewicz said they weren't clear what commissioners could do at the next week's public hearing.

"I'm a little confused," Narkiewicz said.

Michael Van Sickler can be reached at (813) 226-3402 or mvansickler@sptimes.com.

Judge off Riviera property lawsuit

By William Cooper Jr.

Palm Beach Post Staff Writer

Thursday, April 12, 2007

RIVIERA BEACH — A circuit judge whose father owns land in Riviera Beach 's redevelopment area should have recused herself from an eminent domain case involving the city and property owners, an appeals court ruled Wednesday.

The 4th District Court of Appeal said Circuit Judge Diana Lewis should have disqualified herself from the case because her father, Phil Lewis, has "an economic interest" that "could be substantially affected by the proceeding."

Attorneys from the Pacific Legal Foundation, which represents Jerry David and Genie Corie and the Coalition for Property Rights, asked Lewis to recuse herself, but she refused without stating a reason.

That prompted the foundation, a property rights advocacy group, to appeal to the appellate court.

In its ruling, the appellate court said the chief circuit judge must reassign the case.

Through her assistant, Lewis said she had not reviewed the ruling and could not comment on the decision.

Steven Geoffrey Gieseler, a foundation attorney, welcomed the ruling. The case was appealed not because Lewis had shown any bias, Gieseler said, but because of the mere appearance that she or her family could profit from the outcome.

"We feel Judge Lewis is an honorable judge, a good and worthy public servant," Gieseler said.

The case has been reassigned to Circuit Judge Jonathan Gerber, Gieseler said.

Prior to changes in Florida law, city officials had deemed eminent domain a crucial tool in its $2.4 billion waterfront redevelopment plan.

Last May, the city agreed to take property within its Community Redevelopment Agency boundaries on behalf of master developer Viking Inlet Harbor Properties.

However, in light of a U.S. Supreme Court ruling, state lawmakers in May made it illegal for governments to take private property for the purpose of redevelopment and turn it over to developers.

In June, the foundation filed its lawsuit, seeking an injunction to stop the city's massive redevelopment plan.

Riviera Beach officials planned to fight the suit as well as the new Florida law.

In November, the council passed a resolution agreeing to abide by the new law. However, advocacy groups like the foundation said the city's resolution had no teeth and didn't go far enough.

Last month, voters swept incumbent Mayor Michael Brown, the self-proclaimed architect of the city's redevelopment plan, and three council members out of office.

Gieseler said the hope is that the new mayor and council members, who were supported by foes of the city's use of eminent domain, will make an emphatic declaration not to use it.

Under those conditions, the foundation might consider settling the case, he said.

"We're moving ahead until we have reason to believe the case is no longer necessary," Gieseler said.

Traffic, wetlands concerns no deterrent for subdivision

By KELLY CUCULIANSKY
Staff Writer

EDGEWATER -- An Oak Trail resident's concerns of increased traffic and wetlands destruction were not enough to persuade the City Council to deny a residential subdivision agreement Monday.

Council members approved a residential rezoning request and the associated development agreement for a roughly 28-acre property south of Air Park Road and west of Silver Palm Drive .

Cecil Secrest told the council he and his neighbors are concerned Elegant Manor Estates, a 52-lot development, will affect wetlands in the Turnbull Hammock. The Volusia County resident said he is also worried it will make traffic worse than it already is along Air Park Road .

"The traffic is tremendous," he said, later suggesting a new traffic light for the area. "There have been several major accidents out here, where Air Park (Road) comes into ( State Road ) 442."

During the public hearing, council members learned that as plans move forward, a traffic study will be performed to assess transportation issues. Developers may address the curve at Air Park Road by installing stop signs to control the flow of traffic around it, said Mark Watts, the property owner's attorney.

A traffic engineer would address how it's going to be accomplished during the plat process, Watts said, which is when developers plan the location of roads and utilities.

Mayor Michael Thomas said he was concerned about the future need to widen Air Park Road .

But City Manager Jon Williams said the council approved an ordinance that would require developer to pay a proportionate share for roads.

"If we find a segment of road that is failing, that ordinance would come into play."

While Thomas said he wasn't pleased with the subdivision plans because of the nearness to the hammock, he said the development is suitable because the land already has been cleared and filled.

Meanwhile, Watts stressed his client isn't trying to destroy pristine wetlands.

"We know the sanctity of the Turnbull Hammock and everybody, I think, is in agreement that that's an area to be protected," he said. "This is a piece of property that's historically filled and cleared. It's not an expansion of development out into the hammock."

If there is a problem with wetlands and drainage on the property, Councilwoman Debra Rogers said other agencies, such as St. Johns River Water Management District and the U.S. Army Corps of Engineers, will monitor the issues.

Council members are left with no choice but to approve it because the development meets the requirements in the city's comprehensive plan, she said. "At this level, if we don't pass this, then the city could be in for another lawsuit."

In other business, the City Council:

· Approved several board appointments. Charlene Zeese was reappointed to the Planning and Zoning Board, and Laverna McGinnis was reappointed to the Library Board. Jamie Young and Mary Wenderoth will serve on the Animal Control Board.

· Approved to rezone about 2 acres at 1620 Edgewater Drive as highway commercial. Dennis Brinn, president of Sunshine State Bank, is planning a bank at the site.

· Postponed a second reading to change the future land use for about 10 acres at 2310 S. Ridgewood Ave. to commercial with conservation overlay.

kelly.cuculiansky@news-jrnl.com

Rivals praise Martin project

By Jason Schultz

Palm Beach Post Staff Writer

Thursday, April 12, 2007

STUART — It was a political lovefest seldom seen in Martin County .

Many of those from both camps in the usually bitter growth-vs.-no-growth debate were in rare agreement Wednesday, praising a proposed development that will bring hundreds of homes to 460 acres in Hobe Sound.

County commissioners, with one exception, were caught in the wave, voting 4-1 to change the county's growth rules to allow developer Alberto Micha to build the 650-home Atlantic Preserve project.

"Even the people that oppose my projects on a monthly basis do see the forest through the trees here. In this case, they see the Atlantic Ridge ecosystem," said Morris Crady, a land planner who represents Micha.

In return for giving the county 2,300 acres to be preserved, commissioners agreed to allow Micha to cluster the homes on the 460 acres and move the county's urban service boundary, beyond which water and sewer service normally is not allowed. If state officials approve the change, it would allow the homes to receive those utilities.

Slow-growth activists who normally blast any suggestion of clustering homes or moving the urban service boundary supported the change Wednesday to get the pristine land next to the Atlantic Ridge Preserve State Park .

"I wish all developers would give the county nice presents like this in order to get amendments," said Jensen Beach activist Jackie Trancynger.

The activists said the land is in the right location for them to support the project because it is adjacent to the existing urban boundary. The preserved land, which the state has wanted to buy for years, eventually could provide a wildlife corridor between Halpatiokee Regional Park and Jonathan Dickinson State Park .

"Wildlife, the Loxahatchee River and our children would all benefit," said Hobe Sound resident Blake Capps.

Rainfall in the preserved area flows into the headwaters of the Loxahatchee River .

Commission Chairman Michael DiTerlizzi, who voted against the proposal, criticized the slow-growth activists for supporting the boundary change after shouting so many times in the past that doing so would cause urban sprawl.

"I can only look to the places to the south and what happened every time they moved the boundary," DiTerlizzi said. "If you move it once, you'll find the justification to move it 100 times."

Commissioner Doug Smith said he hopes the commissioners who voted to move the boundary for Micha's project remember that when other developers ask for it.

"As we find all this love in the room, when it comes time to remind each other of who did what when it comes to moving the urban service boundary, I hope we find love in the room then," Smith said.

Slow-growth activists such as former County Commissioner Maggy Hurchalla said Micha's project is different from other proposals to extend the urban boundary. The terms of this change in the county's comprehensive plan are so strict that it would set a precedent for other developers to use, she said.

But many who have supported proposals in the past to allow clustering in more rural western Martin County said Micha's project could show how clustering can work there as well.

"Don't be so short-sighted as to think this is the only place this could work," said Jim Haygood, who manages the Calusa Creek Tree Farm and Ranch west of Hobe Sound.

Commissioner Susan Valliere suggested another comprehensive plan amendment proclaiming that the county is willing to consider allowing clustering for other developers.

"We should encourage more projects like the Atlantic Ridge project," Valliere said. "I believe we can have other wonderful projects if we work together."

The commission took no action on Valliere's idea.

Commissioner Sarah Heard said Micha's project is different from other clustering proposals because the land would be given to the state to become part of the neighboring state park. It could not be developed into homes later if county commissioners decided to change their policies, she said.

"The state's not in the business of developing land," Heard said.

It was clear Wednesday that future development lovefests are unlikely. Slow-growth proponents such as Bill Summers warned that their support ended at the Micha project boundaries.

"If you try to use this as a hammer to go the clustering route," Summers said, "the public will come back to haunt you."

Impact fee plan angers builders
Seek to sway public opinion

JOSHUA DAVIDOVICH
LEESBURG - Lake County builders are ready to go to war, and not with each other.

A proposed county impact fee increase has united building interests in the county and sent them scrambling to build up a grassroots effort to turn public opinion and political will against the fee increases, which if passed would be among the highest in the state.

A consortium of about 100 building interests, from suppliers and contractors to real estate agents and lenders, met in Leesburg Wednesday night to rally support against the proposed increases.


Lake County is considering raising school impact fees to more than $17,000 and road impact fees to more than $11,000.


"My competition is sitting in a little round building in Tavares and they are going to put me out of business more than anybody else," Don Magruder of Ro-Mac Lumber said, referring to Lake County Commission. "This is a fight and it's going to be a hard fight."

The Lake County Home Builders Association is hoping to head off the increases by asking their supporters to broadcast the anti-impact fee message to friends, employees, the media, county commissioners and school board members.

One directive on the builders' call to action asks supporters to "Talk to everybody you know and let them know that housing in Lake County is in a crisis and the politicians have to be stopped."

Supporters were also furnished with a list of talking points maintaining that the impact fees would lead the county toward economic doom, cutting off jobs for builders and home-buying opportunities for the elderly, poor and working classes.

"It's time we put the light of day on the problem that exists," Magruder said. "Contact these folks and let them know how things are affecting you."

Advocates of the fees say they are needed to keep up with the rapid growth the area is experiencing. Without the money, they say, schools will quickly become crowded and roads will deteriorate, maintaining that growth should pay for growth.

On April 17, the Lake County Commission will see the school impact fee study for the first time. The school board previously voted 5-0 to pass the fees at 100 percent.

HBA President Jim Bible said the organization is preparing to fight the methodology used in the impact fee study and said legal action may be in the works if all else fails.

"We hired a consultant, we hired an attorney, but it really needs a community's support," he said. "What is critical is that each and every one of you spread the message to everyone you know."


Our view: Fighting sprawl
Florida Today editorial
Plan for new Melbourne community comes with protections that must be maintained

Melbourne took a wise step into a new type of development Tuesday when the City Council approved Mayfair , the city's first community development district.

With the potential to eventually include more than 1,300 homes, the 257-acre project would, like such other local CDDs as Viera East and Baytree, be its own taxing district.

In other words, Mayfair will charge lot owners assessments to finance construction of roads, waterlines, sewer service and other infrastructure, expected to cost $25 million.

That's in addition to about $14,000 in impact fees per home and regular property taxes paid annually by homeowners to the city and county.

Some residents of Melbourne have expressed reasonable concerns about the heavier traffic and school crowding Mayfair may bring.

But projects of this size are always subject to change or delay, and plans to house its 3,200-plus residents will be accomplished in phases, and not completed for four to five years -- at best.

The city also has the right to stop development should Mayfair expansion exceed road, sewage, or other public service capacities. For the sake of all citizens, it must be vigilant in doing so.

Most important for the long-term smart growth of Melbourne , the project fights costly urban sprawl by filling in space south of the city's center.

City officials and staff so far have worked to ensure the Southern Homes of Miami toes the line, a path they should continue to pursue.

But overall, Mayfair looks like a smart addition to the city's future.

Readers express a variety of opinions in their letters to FLORIDA TODAY.

If dumping is fine, why not drilling?

Let's see, I am trying to understand something.

Although it is in the national interest and would contribute something toward energy independence, we still can't drill for oil or natural gas within 125 miles off the Florida coast when all precautions are taken because of the remote possibility that perhaps a spill could occur.

This, even though some of our major suppliers, such as Mexico and possibly even Saudi Arabia, are showing signs of reaching peak production, while other oil-exporting countries like Venezuela and others in the Middle East are becoming more hostile toward the United States.

Meanwhile, there is no problem dumping over 1.3 million gallons of sewage just three miles off the coast of Brevard County, protecting the profits of the gambling ship industry.

Perhaps there are polls I am not aware of showing that tourists hate the thought of a few tar balls on their feet, however remote, but don't mind swimming in bacteria-laden waters.

I still don't get it. I guess I am trying to make sense out of nonsense.

Leonard Jean

Melbourne

Land casinos would solve sewage issue

"We ain't hooking up," says lobbyist Ralph Haben of the gambling ship industry.

Of course, Haben is already hooked up, and doesn't mind swimming in ground up chlorinated feces as long as he gets paid.

The same goes for Rep. Faye Culp, R-Tampa. She's also correct when she states, "It goes to the issue of federal jurisdiction and what we do in international waters."

I say fine -- stay in international waters and don't use our ports to load the gambling boat.

How do we accomplish this? Legalize land-based casino gambling. Florida is missing the boat, as we allow tax dollars to go offshore while the gambling boats dump sewage in our back yard.

Casinos would not only solve the ocean pollution problem but would aid Florida 's ailing tourist industry and economy. Mississippi has successfully integrated casino gambling in its portside communities, and many Floridians go there to spend their money.

It's beyond me why Florida is still resistant to casino gambling and would prefer instead to aid and abet the pollution of our oceans.

Something smells, and I ain't hooked up.

Don McLendon

Satellite Beach

Put more pressure on local lawmakers

In regard to a recent article headlined "Brevard advocates outraged with watered-down sewage bill":

In my opinion, there is nothing worse than allowing the dumping of sewage and bilge water in the ocean. There can be no justification for this type of action.

What I don't understand is how a legislator, in good conscience, can vote against a bill that would curb this dumping by gambling ships.

What I find curious is why FLORIDA TODAY does not pursue each legislator to determine why they have voted against this bill or taken some action to delay the passing of such a bill.

As a citizen represented by the legislators, I want to know why they are for or against each bill. How else can I determine if they are acting in my best interest or in their own selfish interest?

Is FLORIDA TODAY trying to walk the line, and not offend anyone?

Please report on all bills, informing readers about the reasons our legislators vote as they do.

Joe Skowron

Cocoa

Waste pollution is cause for concern

What am I missing here?

Florida fights offshore drilling, the Portuguese man-of-war floats onshore from locations hundreds of miles away, fish kills and mammal beachings go unexplained, but dumping waste three miles from the beach is okay?

I understand that lobbyists exert tremendous influence, and the "black water" from the gambling ships has been treated with chlorine.

As a science student who majored in biology and chemistry I know that chlorine does not kill everything, and does not neutralize other chemicals, such as ammonia, which would be contained in heavy concentrations.

Brevard is not the only county that has this problem, yet I see little support for the anti-dumping bill sponsored by Rep. Bob Allen, R-Merritt Island , from anywhere in the state, including other local representatives.

While I love the beach and ocean, I avoid activities where I could swallow ocean water, and suggest that others should be very cautious also.

Jeanne Sanford

Melbourne

No wetlands fight for EPC

Commissioners won't let their environmental agency challenge a bill undercutting it.

By MICHAEL VAN SICKLER
Published April 12, 2007

TAMPA - Hillsborough County 's environmental agency won't be allowed to fight a bill eliminating its ability to protect wetlands from being destroyed by development, county commissioners voted Wednesday.

Officials at the county's Environmental Protection Commission were told by a majority of commissioners who oversee the agency that state and federal rules suffice in protecting wetlands from development, and that it was wasteful to have separate local regulations.

"Without question, there is duplication," said Commissioner Brian Blair, who chairs the EPC. "We have no evidence that our wetlands are declining. That's been stated by scientists."

Blair was joined by board Chairman Jim Norman and Commissioners Ken Hagan, Al Higginbotham and Kevin White in denying agency officials permission to even write a letter protesting the measure. The bill HB 957 was amended last month so that it would end local protections of wetlands in 20 counties.

It also would eliminate the EPC's $2.2-million wetlands division, which for the past 22 years has imposed rules not enforced by the state, such as protecting wetlands of a half-acre or less.

The EPC staff argued local rules were essential in improving the water quality of Hillsborough County , which has more than 70 streams, tributaries or stretches of rivers that don't meet water standards.

"We think we're doing a good job," said the EPC's executive director, Richard Garrity. "We have more stringent regulations. I'd call them better regulations."

Commissioners Rose Ferlita and Mark Sharpe wanted to write a letter opposing the bill, but were rebuffed.

"We are the EPC," Ferlita said. "It's absolutely our responsibility to take a position."

News of the commission's decision rocked former Commissioner Jan Platt, who was on the board when it established its wetland protections.

"That is a copout," Platt said. "That is terrible news."

Denise Layne of the Coalition 4 Responsible Growth, based in Lutz, said she was so angry she was shaking. She said developers had a stranglehold over a majority of the commissioners, and arguments for the legislation were based on false information that the state and local wetland programs are redundant.

"I can't believe our own commissioners won't defend themselves," said Layne, who was in Tallahassee lobbying against the bill.

In February, the EPC scuttled plans to impose even stricter rules to widen a protective zone around some wetlands by 20 feet after some developers protested.

"(The EPC) has been doing too good a job," said Marcella O'Steen of the Balm Civic Association. "I think this is a big rap on their knuckles."

It was unclear whether the EPC can share information with groups that are fighting the bill, such as the Florida Association of Counties, said Rick Tschantz, the agency's attorney.

"It's a good idea not to do that," he said. "It might be seen by commissioners as an end run around them."

In Tallahassee , the author of the amendment gutting the EPC, Rep. Will Kendrick, R-Carrabelle, said he was unaware of what commissioners did on Wednesday.

When asked about the agency, he responded: "EPC?"

Staff writers Rebecca Catalanello and Craig Pittman contributed to this story. Michael Van Sickler can be reached at (813) 226-3402 or mvansickler@sptimes.com

TECO Powers Bay Restoration

By MIKE SALINERO The Tampa Tribune

Published: Apr 12, 2007

APOLLO BEACH - Over the past 60 years, dredging, filling and construction have wiped out half the marshes and mangroves that once lined Tampa Bay .

Government agencies and nonprofit conservation groups have scrambled to preserve what's left of these valuable wildlife habitats, but available land is dwindling while becoming more expensive.

The answer may lie in a relatively small restoration project near Apollo Beach . The work is being done by the Southwest Florida Water Management District on 12 acres owned by Tampa Electric Co. A nonprofit conservation group, Preserving the Environment through Ecological Research, obtained about $120,000 in federal grants to pay for much of the work. The project marks the first time a large private landowner has agreed to conserve land on Tampa Bay for public use, said Tom Ries, founder of the conservation group and a former biologist for the water management district.

"There are very small opportunities to get big chunks of land along Tampa Bay that you can restore for our past sins," Ries said. "Now when I go to a landowner, I can say TECO had some of the same concerns you had, but it can be done."

Ries said he sold the project to TECO as a way to burnish its corporate image. When TECO managers said they couldn't make a significant cash contribution, Ries suggested the company preserve land near its manatee viewing center at the Big Bend power plant.

"I told them, 'Let's do something in the ground, not just education,'" Ries said. "'Let's do something you can kick your feet in.'"

Project Benefits Public, Ecosystems

After getting TECO onboard, Ries went to his former colleague Brandt Henningsen about getting the water management district to participate. Henningsen works on environmental restoration projects for the district's Surface Water Improvement & Management division.

Ries said he could get grants to cover a large chunk of the project if SWIM would do the work. Henningsen was cautiously enthusiastic. The SWIM program has preserved 2,104 acres since 1989, all on publicly owned land.

"Since we are using public dollars, we need to make sure certain criteria are met," Henningsen said. "One of the most important is that the restoration has to benefit the public as well as the ecosystems of Tampa Bay."

To satisfy the water district's criteria, TECO agreed to put a conservation easement on the property that preserves it forever.

The project is on three parcels near the mouth of Newman Branch, a stream that once meandered to the Bay but has been straightened and channeled for flood control.

North of the stream is a series of long-abandoned fish farm ponds that will be converted into wetlands. These marshes will clean stormwater flowing from the north before it enters a man-made pond. Native vegetation will be planted around the system.

During heavy rains, water from the pond will flow over a berm into a saltwater wetland and lagoon connected to the bay by Newman Branch. Henningsen said the fresh water flow will lower the salinity in the marsh and lagoon, making it a perfect habitat for small redfish, snook and other aquatic species.

 

Restoration To Become A Showcase

Another lagoon and marsh is being constructed south of the branch. The tide will ebb and flow in this system, but it won't get as much fresh water as the northern system gets during heavy rains.

"The fish need different salinity levels at different times of their lives," Henningsen said. "For their life cycles to be successful, they need a full suite of habitats and different salinities."

The restoration should be complete in June, after which TECO and the water district will solicit volunteers to plant native vegetation. TECO plans to connect the manatee viewing center with the restoration site by trails with educational signs, said Stan Kroh, company manager for compliance and stewardship.

"One of our goals is to really beautify the property," Kroh said." We want to showcase it and share it with the public."

Reporter Mike Salinero can be reached at (813) 259-8303 ormsalinero@tampatrib.com

R. O. Ranch to hold grand opening ceremony

By Ira Mikell, Free Press Reporter

— The Schultes, Frank “Red” and Olive, are elated about opening their namesake R. O. Ranch to the public, especially to residents of Lafayette County. A grand opening ceremony is scheduled to be held on Saturday, April 28 from 7 a.m until 2 p.m. The entrance to R. O. Ranch is located on CR 357 approximately two miles southeast of CR 51, near Mayo.
As a grand gesture to the county, of whom they have been a part for many years, the Schultes donated 2,481 acres of their property to the Suwannee River Water Management District on July 6, 2006, in order to preserve and protect it for future generations. “The R.O. Ranch Equestrian Park is one of the newest and most exciting projects the District has ever undertaken. Made possible by a $3.5 million endowment from the Schultes, the park will ensure that future generations of equestrians have a public place to ride their horses and experience Florida’s rich, natural environment,” Gwen Lord, SRWMD administrative assistant, said.
The love and appreciation for nature as well as the richness of this county’s history were two motivators that influenced the Schultes to give back to the community. Since taking ownership of the property in 1972, the Schultes have been taking care of the land as well as keeping the forest in the same natural condition before they bought the acreage. It is their hope that many people who visit and traverse R. O. Ranch will enjoy being there and will continue to bring their families in the years to come.
This vast expanse of acreage stretches for miles in each direction. Upon this Ponderosa-like spread, one can enjoy its pristine landscape and be able to hear and observe deer, squirrels, coyotes, rabbits, birds, turkeys, and other wild animals grazing and scurrying about the countryside. Visitors to the park will also be able to hike along the trails or ride by horseback.
Following the ceremony will be lots of good food to go around, entertainment, and plenty of things to do for the entire family. The Schultes, as well as SRWMD officials, encourage everyone to come out and be a part of history as R. O. Ranch opens its doors for the first time. “Join us as we celebrate the grand opening of our first day use trailhead. Bring your horse and join in the trail ride, or enjoy a free wagon ride. Hear about the exciting future of the R.O. Ranch Equestrian Park,” Lord, said.

Pahokee Sugar Mill's Closure Is Sweet Sorrow For Workers

By BRIAN SKOLOFF The Associated Press

Published: Apr 12, 2007

PAHOKEE - The old sugar mill rises like a rusty tin mirage from endless green fields of freshly cut cane and swaths of rich, black soil. A sweet, musty smell hangs heavy in the air as white steam pours from its smokestacks for the last time.

The Bryant Sugar House has ground more than 90 billion tons of cane into about 20 million pounds of raw sugar. On Wednesday, the plant wrapped up its 45th harvest season and prepared to close forever after a yearslong national trend in the industry - falling prices and better technology that mean fewer jobs as more mills turn to automation and computers.

Faced with growing pressure from foreign sugar, U.S. Sugar Corp., the nation's largest producer of cane sugar, is combining the mill's operations with a high-tech plant 30 miles away. About 200 people will lose their jobs.

"We've had more and more trade agreements that continue to give away more access to our marketplace, creating a very, very competitive environment," said Robert Coker, the company's vice president.

He said the company was forced to modernize one plant and consolidate operations, "and, unfortunately, when you modernize, it means eliminating jobs."

Thirty-three mills across the country have closed in the past decade as producers try to remain competitive in a market becoming flush with excess foreign sugar, according to the American Sugar Alliance.

The $10 billion-a-year industry employs 146,000 people in the United States, but trade agreements with other nations threaten even more U.S jobs as producers streamline their facilities to cut costs, the industry claims.

Foreign Sugar Puts Strain On U.S. Producers

The problem isn't as much with the market as it is with prices. The United States is the world's second-largest importer of sugar - about 1.6 million tons a year from 41 countries.

Many nations, such as Thailand and Brazil, subsidize their sugar farmers, who also pay a lot less for labor than U.S. producers.

The United States does not subsidize sugar farmers, but it does impose high tariffs on imports to keep prices level. Still, as foreign sugar floods into the country under new trade agreements, American producers are having to lower their prices - and cut costs - because of excess supply that exceeds demand, said the sugar alliance's Phillip Hayes.

The 20-year average price of sugar on the world market is about 9 cents per pound, compared with about 23 cents a pound in the United States, Hayes said.

The 9 cent price "is actually lower than the world average cost of production. How in the world can anyone sell sugar for a profit if the world price is half the cost of producing sugar?"

Back at the mill near Pahokee, it was business as usual for a few final days in the heart of the Everglades. Cars sport bumper stickers that say, "Sugar: Just 15 calories a spoonful." The sweet stuff is a $2 billion-a-year industry for Florida and a way of life around here, as seen in the nearby town of Belle Glade's slogan: "Her soil is her fortune."

The mill rattles and roars as turbines and conveyor belts carry cane through spiraling blades, hot water, presses and churns, producing a sticky, light brown, crystalized sugar.

Harvest season typically begins in early October and lasts into April. U.S. Sugar farms about 160,000 acres and, at times, processes more than 800,000 tons of sugar a year. Other U.S. sugar is made from beets, mostly grown in North Dakota and Minnesota.

The Bryant plant opened after Fidel Castro took over in Cuba and imports from the communist nation were cut off, including sugar. The operation doesn't include a refinery capable of producing a sale-ready product, as does the plant in nearby Clewiston, making it less cost-effective.

'It's A Sad Day' For Mill Employees

Some of the 202 employees will go to work at U.S. Sugar's other plant. Some will retire. Many simply will move on. The company held a job fair.

"It's a sad day," said 65-year-old mill manager Jacques Albert-Thenet. "Some of these people have worked here an entire generation."

Secretary Linda Stanley, 63, has worked at the plant since it opened in 1962. She has seen generations working side by side: "Husbands, wives, sisters, children, brothers, nieces and nephews."

Mill mechanic Jessie Brown Jr., 50, works alongside his two sons. He's been here 31 years and soon will head to the other mill for work.

"I'm going to have to do little adjusting. This is home," Brown said. "You gotta start all over again in a new place. Most of the people who are here now are your family."

 

Bad News: Not As Much Fruit, Good News: Higher Prices

By Gary Pinnell of Highlands Today

Published: April 12, 2007

SEBRING — In 2007, there was less fruit on each tree, according to the Florida crop report, released Tuesday. But nature has balanced that loss with a gift.

The U.S.D.A. decreased its estimate of Florida's orange crop to 130.7 million boxes, 111 million less than just three years ago, when 242 million boxes were produced. Hurricanes, diseases and real estate development have wiped out 176,000 acres of citrus trees in the past four years.

But, according to citrus grower Ben Albritton of Wauchula, those fewer oranges this year will make more juice.

"They've upped the yield from 1.62 to 1.65 gallons per box," said Albritton, whose family owns groves in DeSoto, Manatee and Hardee counties. "That's close to a record." The best ever was 1.627 gallons of juice per box, according to the U.S. Department of Agriculture.

But for the farmers, the best thing about this year's crop is the price.

"The gold star this year goes to price," said Ray Royce, executive director of Highlands County Citrus Growers Association. "Most growers would have never assumed that they could be getting what they are getting for fruit."

The supply this year is smaller, so prices are higher, he said.

"A box of fruit is worth about $15 to $16, less what it takes to pick and haul," Royce said. "That's about $10 more than it was worth a couple of years ago."

Each box weighs about 90 pounds, Royce said. But farmers won't have a windfall, because the smaller crop will cost more to pick.

Since trees have less fruit, it doesn't take as many pickers, but they are paid more because it takes longer to pick a box of fruit, Royce said.

Pickers are paid by the box, Royce said, "with the provision that they are guaranteed to make minimum wage from the time they get on the bus in the morning to the time they get home."

Even so, Albritton said, "There's nothing really bad about this year."

Not even the drought?

"It doesn't seem to be affecting this year's crop," said Albritton, who represents the Florida Citrus Commission in District 2. "It may have an effect on next year's crop, though."

Before the ripe oranges are even picked, trees bloom for the next crop, and those blooms evolve into tiny green oranges. Right now, Albritton said, "the tree is determining how many fruit to set and hold. We'll know in October."

Royce agreed: "I don't think the drought had much effect on this year's crop."

Tuesday's rainfall, which measured from 0.5 to 4 inches in some places, was timely for the 2007-08 crop, Royce said.

"It helps blooming trees stay out of stress," Royce said. "When they're under stress, they tend to set less fruit. And when there's more stress, they tend to drop fruit."

"The other positive is that there is adequate labor this year," Royce said. Last year, the crop came in a month late, and some growers had trouble hiring enough pickers to bring in the final 10 percent of the crop.

The crop will be 100 percent harvested by the middle of June, Albritton guessed.

What's the bottom line?

"This year will be better than last year, which was better than the year before," Royce estimated.

Tortoises would get added protections under agency plan

BY RICHARD CONN
STAR-BANNER

OCALA - The state is developing a plan to protect gopher tortoises and hopes to have it in place this summer.

The Florida Fish and Wildlife Conservation Commission is reclassifying tortoises from a "species of special concern" to "threatened" - a status that affords them more protection - because of the encroachment on their habitats.

The tortoise is considered a "keystone species," because more than 350 other animals or insects use their burrows.

The wildlife commission recently asked for the public's input on the plan. Some 2,000 comments came rolling in.

Many of the comments didn't offer new ideas, but instead echoed a common sentiment: Don't let bulldozers bury gopher tortoises.

Currently, developers can pay for "incidental take" permits that allow them to bury tortoises during development.

"Basically, the people of Florida have spoken; they don't want gopher tortoises to be entombed," said Joy Hill, spokeswoman for the commission.

The proposal would require developers to pay to relocate the reptiles, and in doing so fund a land acquisition program for new habitats. Hill said the program would aim to relocate 4,000 tortoises and create 25,000 acres of habitat a year until 2022.

The fee for relocating would start with a flat rate of $500 for properties with 10 or fewer tortoises. If a developer relocates tortoises off their property, they would also likely be required to pay other fees for relocation agents and to the receptive landowners, Hill said.

The fees could end up totaling as much as $9,200, depending on circumstances such as size of the property.

That upper range is strongly opposed by the Florida Homebuilders Association, said the organization's general counsel, Keith Hetrick.

Hetrick called the initial proposed fee schedule, as well as the creation of another state land-buying program, "inexcusable" and an "irresponsible use of tax dollars."

He said that while his association does not oppose relocating tortoises, the proposed fees are too exorbitant and the state, not developers, should be responsible for maintaining any new habitats.

"There's no reason why they can't use existing public lands to relocate these gopher tortoises," Hetrick said.

Hill said the plan and the fee rates aren't set in stone.

One of the biggest obstacles is trying to find suitable land to relocate the reptiles without causing overcrowding. Hill said there is a dearth of available public and private acreage that isn't already inhabited by the species.

"The biggest challenge is where to put them," Hill said.

Hill said that any relocated tortoises must be tested for an upper respiratory tract disease common to the species that, if not detected, could wipe out a healthy population of the reptiles.

A revamped management plan from the Florida Fish and Wildlife Conservation Commission will be posted again for public comment on May 7. Commission members are set to vote on the plan in June.

Richard Conn may be reached at richard.conn@starbanner.com or at 867-4045.

Gopher tortoises seized by police from drug suspects

By MILLARD K. IVES

Ocala Star-Banner

OCALA - State wildlife officers say a 41-year-old man dragged six gopher tortoises from their burrows and was trying to sell them as food in Ocala.

Richard Leonard Manns apparently used a homemade tool with a long curved piece of flexible metal with a hooked end to snag the tortoises and pull them out. He was accused of trying to sell them to "regular customers'' to feed his drug habit, Fish and Wildlife Conservation Commission officers said this morning.

Manns was arrested late Tuesday afternoon on six counts of taking gopher tortoises, six counts of possession and one count of attempting to sell them and is being held in the Marion County Jail in lieu of $33,500 bail.

The tortoises are a species of special concern and it is illegal to hunt them.

"These tortoises have to deal with development pressures, habitat losses and people hunting them,'' FWC biologist Sarah Johnson said.

Manns was a passenger in a sedan being driven by woman on NW 4th Street when agents with the Multi-Agency Drug Enforcement Team pulled them over for a traffic violation. According to the FWC, the officers asked Manns if he had anything illegal in the vehicle and Manns told them he had a bag of tortoises.

Officers opened the trunk, discovered something moving in a green duffle bag and saw the tortoises. They called the wildlife agency.

FWC Lt. Greg Eason said Manns, who has a record of drug charges, told officials he was selling the reptiles to get money for drugs.

Eason said Manns allegedly went to a wooded area on West State Road 200 earlier in the day, hunting for the tortoises. Using the tool, he would look for a burrow, stick the metal into the hole, feel for the tortoises and try to drive the hook into a shell opening in an effort to drag out the tortoise.

The bag contained four females and two males, but one male apparently died after sustaining massive trauma to one of its legs.

The five tortoises, each about one foot in length, are now in a fenced pen at FWC's Ocala office on SR 200. Johnson said the tortoises will be given a checkup and, hopefully, returned to their natural habitat.

According to a Smithsonian.com, the reptile was at one time a staple in the diets of Florida natives and Depression-era families - and was known as the Hoover Chicken.

Johnson said some people continued to eat the gopher tortoise after it became a protected species.

Case of the Bullet in the Bear
By John Chambliss
The Ledger
Agitated, Hatch asked what he should he should do if a situation arose requiring him to defend himself or his family from the bear. The official told him to leave the bear alone and to be patient until the following Monday, so she could contact a biologist.

An hour later, the bear was dead. Hatch told Fish and Wildlife officials that his stepdaughter, Stephanie Warfle, 18, had been attacked by the bear, but was not injured. Later, Warfle told investigators that she was on the back porch when the bear growled and moved toward her.

Hatch said the bear was in his backyard, about 20 to 30 feet away from his back door, when he shot it.

His wife, Robin Hatch, told investigators the bear rummaged through trash in their yard before it was killed. She told investigators she yelled at the bear, but it continued to dig through the trash.

Hatch declined comment. His lawyer, Richard Pipkin of Sebring, did not return a phone message.

It wasn't the first time a bear had bothered the Hatch family.

In 2001, a bear was rummaging through Hatch's garbage when his dog ran outside to confront the bear. The bear struck the dog, which received minor injuries. Afterward, Fish and Wildlife officials met with Hatch and told him to keep his trash in the house until the day of pick-up.

John Chambliss can be reached at john.chambliss@theledger.com or 863-401-6965
.

Overuse, misuse closes popular swimming area

By LOGAN NEILL
Published April 12, 2007

WEEKI WACHEE -- A popular swimming spot on the Weeki Wachee River remains off limits indefinitely after the Florida Fish and Wildlife Conservation Commission closed it because of overuse and vandalism.

The area, located inside the Chassahowitzka Wildlife Management Area and known to locals as "the sandbox" and "the bluffs," has been closed for about three weeks since FWC officials determined that the abuse had outstripped the agency's ability to control it.

Though the 400-acre wildlife refuge remains open, anyone caught entering the swimming area or nearby observation tower faces a possible $500 fine and up to 60 days in jail.

According to FWC spokesman Gary Morse, the public area was put off limits because of damage to an erosion control buffer designed to protect the shoreline. However, Morse acknowledged that the area's long history of vandalism and criminal activity was also a factor.

"We're in the process of evaluating what we need to do," Morse said. "We want to provide a safe place for the public while also protecting the fragile environment. Clearly, what we've been doing up to this point hasn't worked very well."

The area, which is accessible by boat and by land, has been a popular gathering spot for decades. Located about a mile and a half west of Weeki Wachee Springs, it is one of only two river locations in Hernando County that provide public access for swimming. On a typical summer day, as many as 300 visitors would gather to enjoy the pristine spring-fed waters.

Morse said that although his agency is responsible for patrolling the area, lack of adequate manpower has often left the site vulnerable to vandalism, littering and other criminal activity.

A recent visit to the wildlife refuge revealed the extent of the problem. A grassy terrace where swimmers gather is littered with trash, cigarette butts and discarded clothing. There are numerous signs of recent campfires, which are not allowed in the park. A 20 foot-high tower built for manatee observation is defaced by graffiti, its railing broken by vandals.

For wildlife officer Joe Wolff, patrolling the area can be a daunting task. Wolff, whose canine unit covers five counties, said that few visitors pay the $3 visitors fee, which is collected on an honor system near the park entrance. Alcohol possession, which is illegal in state wildlife areas, theft and illegal entry are also frequent complaints. However, he has frequently seen much worse.

"I came out here a few weeks ago and found two guys smoking methamphetamine in the parking lot," said Wolff. "It was 10 a.m. on a Wednesday morning."

Wolff, who patrols four counties in addition to Hernando, said while he would welcome more enforcement help, he would rather that park users respect the rules and realize that continued problems could mean permanent closure of the bluff.

"You can have a dozen officers out here and it won't matter if the prevailing attitude is to tear the place up," Wolff said. "It's got to start with the people who use the area."

Chuck Morton, president of the Hernando Environmental Land Protectors, a grass-roots organization dedicated to environmental preservation west of Weeki Wachee, believes the wildlife commission should permanently ban river access inside the management area.

"The problem is that they made it accessible to the public without ever considering how they were going to manage it," said Morton. "People don't belong in a wildlife area."

Morton said HELP organizes three to four river cleanup days each year. The activity at the bluff, he said, "puts a black eye on an otherwise beautiful area."

Lou Olivas, owner of Weeki Wachee Canoe and Kayak rental said that he now warns his customers to heed warning signs telling them to keep off the bluff. He suggests anyone wanting to swim to head further down river to Rogers Park.

Though he is sorry to see the closing, Olivas agrees that something had to be done. "It was getting a little crazy," he said.

Although the FWC is evaluating the closing of the area, Morse said residents shouldn't expect an answer soon.

Said Morse, "Right now, our options are a bit limited."

Logan Neill can be reached at 848-1435 or "lneill@sptimes.com.

State trail strolls through county

By DAVE PIEKLIK

Inverness seen as ‘missing link’ between Pensacola, South Florida

Anyone planning to take a stroll through Inverness may soon be told to go take a hike. Which is exactly what a group of volunteers working on plans for a new scenic nature trail extension want.

Plans are beginning to bring the Florida National Scenic Trail through the city’s Whis-pering Pines Park. From there, the hiking trail would connect to the Withlacoochee State Trail, where hikers could continue north to get back on the scenic trail if they wanted.

The 1,300-mile hiking trail, also called the Florida Trail, stretches from the Big Cypress National Preserve in South Florida to the Gulf Islands National Seashore near Pensacola. A section of the trail enters Citrus County from the south in the Withlacoochee State Forest, but ends at the intersection of County Road 581 and Haven Street.

Uncompleted portions of the trail also exist in Dunnellon, though plans include building a pedestrian bridge to link the scenic trail with the 46-mile paved state trail.

“What they’re trying to do is start filling in the gaps,” Inverness Parks and Recreation Di-rector Pati Smith said Tuesday.

Florida National Scenic Trail liaison Kent Wimmer agrees the new section planned for Inverness is “the missing link.”

“Assuming we can get all the planning and flagging done,” he said Wednesday of mapping out the trail’s route, “we’ll probably be building this section next fall.”

The trail, which was started in 1966, has a bit of distinction; it is one of eight in the nation that Congress has designated as National Scenic Trails. Others on the list include the Appala-chian Trail, the Continental Divide Trail and the Pacific Crest Trail.

What’s being proposed for Whispering Pines Park is a roughly 1-mile tract through the 290-acre park, from its southwest corner to its northeast corner, according to Wimmer. From 581, hikers would walk along the road before crossing State Road 44 until they got to the park.

From there, the scenic trail would wander through pine trees and other vegetation before arriving at the state trail. Smith said the nature trail would be for hikers only, so barriers would be installed to keep bikes and all terrain vehicles out.

Smith believes having the trail through Inverness will literally put the city on the map. “Any brochures of the trail will mention the city of Inverness,” she said.

An even bigger incentive for the city is that volunteers of the nonprofit Florida Trail As-sociation would be responsible for the trail’s construction and maintenance. The association uses public lands when possible, and grants to acquire land for the trail.

Wimmer said the trail is kept to between 4 and 5-feet wide, with a canopy of 7-feet to ac-commodate hikers with backpacks.

Common to the trail are people referred to as “thru-hikers;” men and women hiking the trail’s entire length, according to the association. The average journey takes an average of three months and costs about $1,500.

These people often make stops to towns and cities off the trail, a potential economic im-pact not lost on Smith.

“They lay out the trail…and basically where they want to stop for the night,” she said. “They come into town to eat, they come into town to get a room because they want to take a shower.”

While Wimmer said most local hikers likely will be day or weekend hikers, he agreed there would be an impact on Whispering Pines, adding, “I think it will be a nice asset to the park.”

Townhouse zoning approved despite criticism

By DAN DEWITT
Published April 12, 2007

BROOKSVILLE -A developer plans to go ahead with plans to build 241 townhouses near a popular trailhead of the Withlacoochee State Trail after the County Commission approved a rezoning to allow the development Wednesday.

"I think it's going to be a great project for the county," said Nick Nicholson, a Brooksville engineer who helped design the development, on Croom-Rital Road just north of State Road 50.

The townhouses, which developer Joseph Selway of Brooksville plans to sell for as little as $150,000, will provide housing for working families, Nicholson said.

Commissioner Diane Rowden, who cast the only vote against the rezoning, didn't agree.

"Work force housing is the big buzzword now," she said after the meeting. "They can't use the word affordable housing because who, if they are making $30,000 per year, can afford a $150,000 mortgage?"

The development will also draw from the county's falling supply of groundwater, she said: "This is one more straw in the ground."

But Nicholson said several steps have been taken to reduce the amount of water the development will consume. Half of the 4 acres of open space will be planted with native plants that need less water to maintain.

Also, he said, the 50-foot wide buffer along Croom-Rital will be left natural and not require any irrigation.

Some regular trail users objected to the location of such dense development on a 25-acre parcel across from one of the county's centers of outdoor recreation.

"Hernando County has done a really good job of marketing ecotourism and people come from all over the state to use that trail," Joe Murphy, conservation chairman of Hernando Audubon, said last month.

But Nicholson and Selway have said the land is well-suited for a multifamily project. It is designated for residential use in the county comprehensive plan. It is also next to land zoned for commercial use and across SR 50 from a 4,800-acre planned development district that will include a mix of residential, industrial and commercial property.

Dan DeWitt can be reached at dewitt@sptimes.com or 352754-6116.

Planners Deny Apartment Rezoning

By KEVIN WIATROWSKI The Tampa Tribune

Published: Apr 12, 2007

LAND - O' LAKES - Sharply divided planning commissioners on Wednesday denied James Scarpo and his neighbors the rezoning needed to build apartments on Cypress Creek Road.

With three commissioners absent, the planning commission split 4-4 on Scarpo's request after Hank King, Scarpo's neighbor to the south, objected to the 488-apartment proposal.

County commissioners will have the final say on April 24.

Scarpo's group plans to sell its three lots to Texas-based apartment builder Greystone Development Group LLC.

King has his own plans for apartments on the northwest corner of his family's 325-acre ranch. King's complexes would sit next to the 30 acres owned by Scarpo and his neighbors.

King gave commissioners copies of the conditions the county has imposed on his property and on Scarpo's, with the differences highlighted. King claims he is being held to a higher standard even though the two projects are similar.

"They're doing the same thing I'm doing," King said.

For months now, Scarpo, King and the county have engaged in a three-sided debate over the twin projects and the road improvements needed to make them viable.

King's apartment complex is part of a much larger plan for his land that includes retail, industrial and office uses. County officials are insisting he do more to account for the traffic those developments will create.

Scarpo's much smaller residential-only project doesn't need to take the same measures, county planners said.

Scarpo is required to make a variety of improvements to Cypress Creek Road to make the two-lane county road safer. Those changes, however, must be done on King's land along the east side of the road.

King has said he won't go along with that work until the county agrees to rezone his property.

Scarpo's attorney, Jerry Figurski, urged commissioners not to let King tie the other project in knots.

"Throughout this process, we have been used as a hostage by Hank King to get his 588-apartment project approved," Figurski said.

His clients will meet with the county today to discuss options for road improvements, the lawyer said. One of those options calls for the county to declare King's land along the road to as essentially public property because the county has maintained it for years, Figurski said.

Planning Commissioner Dennis Smith objected to Scarpo's proposal out of concern the dispute with King would keep the needed improvements from happening for years, if ever.

"In Meadow Pointe, we're still living with the results of someone who was going to build a road and transferred that responsibility to someone else," Smith said, referring to the extension of State Road 56. "It's been seven years, and that road still isn't approved."

Reporter Kevin Wiatrowski can be reached at (813) 948-4201 or kwiatrowski@tampatrib.com.

City to vote on impact fees
By Julian Pecquet

DEMOCRAT STAFF WRITER

All new developments in Leon County would have to help pay for road projects, under a concept that Tallahassee city commissioners asked staff to pursue Wednesday.

No time line has been set for the adoption of the proposal, called impact fees, but the commissioners' vote follows a similar move by county commissioners last month.

The impact fees are opposed by some developers, who say they would make affordable housing impossible because additional costs would be passed on to homebuyers. But city and county officials say more money is needed for road projects, because the state no longer allows new developments when they make traffic worse on congested roadways.

City commissioners also asked staff to develop a list with the county of road projects that would receive money from impact and other fees. Widening projects on a draft list are Mahan Drive from Dempsey Mayo Road to I-10; Pensacola Street from Capital Circle Southwest to Appleyard Drive; and Tharpe Street from Capital Circle Northwest to Ocala Road.

Commissioners Andrew Gillum and Mark Mustian also asked staff to consider setting some money aside for sidewalks, bicycle lanes and bus transportation throughout town.

"We have to recognize that what we've been doing doesn't go where we want to go," Gillum said.

Housing Worries Fuel Senate Report

The Associated Press

Published: Apr 12, 2007

WASHINGTON - Key Senate Democrats issued a report Wednesday detailing the housing market's decline amid calls for federal aid to homeowners at risk of foreclosure.

The report from New York Democrat Charles Schumer, chairman of the Joint Economic Committee, came the same day that the nation's trade group for realtors said the housing slump is worsening.

The National Association of Realtors said the national median price for existing homes would decline this year for the first time since 1968. The announcement came the same day an activist nonprofit group called on Wall Street to help homeowners restructure mortgage loans. Across town, senators called for the government to come up with hundreds of millions of dollars to help homeowners.

The NAR predicted that the median price for existing homes nationwide will drop 0.7 percent to $220,300 this year, down from $221,900 last year. Tighter lending standards and more fallout from troubled loans given to people with shaky credit are to blame, the NAR said.

Even though the median price of new homes is expected to rise slightly this year, the NAR also estimated existing home sales will fall 2.2 percent, compared with an earlier forecast of a 0.9 percent decline. New home sales are expected to fall 14.2 percent, compared with a previous estimate of a 10.4 percent slide, the NAR said.

Economist Edward Leamer, director of the University of California, Los Angeles' Anderson Forecast, predicts a larger decline in existing homes prices, with a drop of up to 3 percent this year, and he expects that trend to continue for two to three years. With high-interest rate mortgages for people with poor credit no longer available, Leamer said, "you're eliminating 20 to 30 percent of the demand for homes."

With 1.8 million adjustable rate mortgages resetting to higher rates this year and next, foreclosures are sure to continue rising, the 32-page report from the JEC states.

The Federal Housing Administration could be revamped to refinance at-risk mortgages, the JEC's report states, citing a Harvard professor's proposal to have the housing agency oversee a rescue fund to restructure failed or failing mortgages.

Real Estate sales slump leaves Latimore Landings in limbo

WINTER HAVEN - Due to the cooling condominium market, it might be a while before Latimore Landings near Lake Howard becomes a reality.

Blakley said whichever building does best in the pre-sale phase, that's the building that will be constructed first.

Blakley said the site had been cleared since the summer of 2006. The land was formerly used for a private residence, city buildings and a boat and motorcycle dealership.

He said the soil has gone through testing and after about 75 to 80 feet, crews hit solid ground.

"We're not dealing with shaky ground," Blakley said. "We've dealt with sites like this before. We've known all along that we've had to dig deep to support a building like this."

Blakley said that mostly Winter Haven residents have made reservations for Latimore Landings. He said the gated marina brings in people who want to enjoy the boating lifestyle. Most of the people who have made their reservations above age 55.

"I think the lifestyle will appeal to someone who enjoys the lakes," Blakley said. "We're offering a carefree, leisure lifestyle."

jessica.levco@newschief.com

Builder plans a retirement community

By KATE McCARDELL

Jackson County Floridan

Thursday, April 12, 2007

The vegetation coming down on the lot adjacent to Eastside Baptist Church off U.S. 90 near Marianna has had some people wondering what development might go up.

According to Chuck Neel, who in March purchased the 4.55-acre parcel of property from J.K.G. LLC., the development will most likely be a retirement home community.

As indicated on the Jackson County Comprehensive Plan Future Land Use Plan, the parcel is zoned as mixed use.

"It's going to be a home community for people age 55 and up. It will have small homes and small lots for folks who don't want to maintain large homes and large lots. In other words, houses for those who want to downsize," said Neel.

Neel said that a name and other details for the community have not been set so far, as the development is still in its earliest stages.

"We still have to go through all the proper networks and channels with the county, city and state. The outcome of that will help determine things like the price range for the homes," said Neel.

Some residents have questioned the legality of taking down the tall hardwood trees that stood on the lot.

According to Kim Cole-Sweazy, planner for the Jackson County planning and zoning department, there is no existing tree ordinance for the county.

"A tree ordinance is something that's been discussed but the county government hasn't taken it up at this point," said Cole-Sweazy.

"Before I had even bought the property, a biologist told me that the trees on that lot were not live oaks," said Neel, "In fact, the biologist said that those particular kind of oaks there were near the end of their life span, which is about 70 to 80 years."

Neel said that he intends to exceed the landscape requirements determined by the county comprehensive plan, and that the landscaping will include trees.

"It will be a nice, quiet, attractive little community," said Neel.

Road plan aims to ease congestion

By CINDY SWIRKO

Sun staff writer

An expanded road network that includes widening some roads and building new ones got an initial endorsement from the Alachua County Commission Tuesday as a way to try to relieve traffic congestion.

The 4-1 vote came after a philosophical debate on whether the plan will actually ease traffic or create more development that will further clog roads. "We have an obligation to give our residents a grid network," Commissioner Lee Pinkoson said. "We are penalizing our own residents."

Pinkoson said part of the traffic on major roads is from commuters who live in neighboring counties and work in Gainesville , adding that Alachua County has no control over growth in those counties.

But Commissioner Mike Byerly, who voted against the measure, said the improved grid west of Interstate 75 will not ease traffic because it will allow more development. He added that traffic will continue to bottleneck at I-75 because of the limited crossings.

"I don't agree with the contention that making these improvements is going to improve traffic conditions west of I-75," Byerly said. "Traffic congestion will get much worse because we are adding capacity without fundamentally changing the way we are growing the community. I don't think the problem is too few roads, it's too much permitted growth in areas where we don't have the infrastructure to accommodate it."

Commissioners voted to allow county staff to pursue creation of a plan for the improvements.

The discussion came after a consultant's report estimating that by 2025 a commute from Newberry to downtown Gainesville would be a long one - 45 minutes from Newberry to Interstate 75 and another 45 minutes from I-75 to downtown.

A trip from Archer would take 40 minutes to I-75 and another 26 minutes from there to downtown.

More grim news followed - even if the county expands road capacity, it will shave only minutes off the commute.

Jonathan Paul of the county's Growth Management Department presented a list of roads that would be top priorities for traffic improvements.

They include four-laning a section of Williston Road west of I-75, expanding Parker Road north of Newberry Road to link with an westward expansion of NW 23rd Avenue , extending SW 8th Avenue west and through the Town of Tioga to link to Newberry Road , and revamping Tower Road with nine roundabouts.

Cost estimates were not presented, but officials said it will take millions of dollars. Paul said much of it would come from developers.

Commissioners are also considering increasing the local gas tax by 5 cents a gallon from the current 7 cents a gallon. County commissioners will meet with Gainesville city commissioners to try to reach an agreement for splitting revenue from the added cents.

County Principal Planner Steve Lachnicht said several proposals for new development have been put on hold because not enough road space exists to meet state concurrency requirements.

Commissioner Cynthia Chestnut voted for the proposal but said crowded roads in west Gainesville could encourage development in east Gainesville .

Chestnut also was concerned that job growth in the west side of the county, which could be enabled with improved roads, might further impoverish east Gainesville .

"The people who need jobs in the inner city can't get to these jobs," she said. "I want to see the central city live."

Two residents spoke on the matter. Gainesville developer Clark Butler encouraged the commission to move forward with road improvements, saying they are needed for the benefit of the community.

Meanwhile, Layton Mank of the Coalition for Responsible Growth, which formed in opposition to changes sought for the Springhills mixed-use development, said road improvements needed for Springhills could take money away from other projects.

Cindy Swirko can be reached at 352-374-5024 or swirkoc@ gvillesun.com.
Water managers may revoke permit for south county golf course

By Robert P. King

Palm Beach Post Staff Writer

Wednesday, April 11, 2007

PALM BEACH GARDENSAdd yet another hazard for Palm Beach County 's controversial million-gallon-a-day golf course: Water managers say they're considering revoking the permit they approved last month for the project nestled next to the Everglades west of Boca Raton .

Kevin McCarty, chairman of the South Florida Water Management District, said he and other board members had been under the impression last month that the county had some plan to extend recycled-sewage lines to irrigate the golf course in the near future. But now he's asked the district's staff to find out from the county whether that's true.

If the county can't provide that assurance, the board will consider the permit at its regular monthly meeting Thursday morning in suburban West Palm Beach .

The permit approved last month allows the county to irrigate the course with fresh water from the same shallow aquifer that supplies the vast majority of drinking water in the county.

The district has received widespread condemnation for the vote, which occurred on the same day that the board imposed three-day-a-week watering limits because of drought.

 

Development costs run deep

St. Pete Times letters to the editor:

So, the developers of the proposed Hickory Hill subdivision are willing to pony up, maybe, $12-million to offset the cost of developing Hickory Hill. Why, that's awfully nice of them. I wonder what the other developers in the area will be willing to come up with?

What? You thought that it would be only Sierra Properties doing the developing? You thought that the Hickory Hill development was limited to one insignificant golf course project? Think again, my friends.

Should this project go through, there will be thousands and thousands of potential homes up for development. Sierra's paltry gesture of a $12-million payoff to our county is cheap to an extraordinary measure, considering that the Florida Department of Transportation estimates that adding an extra two lanes to a highway costs around $13.4-million. That's for one mile, folks. Six-tenths of one mile on Elgin Boulevard alone is going to cost more than $11-million dollars. This doesn't include emergency services, libraries, schools and other civic amenities for Hickory Hill or the damage to our water supplies, agricultural lands and animal habitats.

We are constantly told by Sierra's proxies that "growth is coming to Hernando County ." That is an uncertain assumption considering current stagnant house sales. Besides, we all know this "growth" mantra is really a euphemism for bypassing Spring Hill's and Brooksville's prosperity and to allow leap-frog development to an area that should wait its fair turn for growth.

Spring Hill and Brooksville could be bought off and bypassed for less than a mile of road costs when simple math tells you that you will have to build an extraordinary amount of high-priced homes to pay for the potential infrastructure for the Sierra development.

I hope our county commissioners aren't swayed by the slickness of a developer's brochure when the hard facts of the FDOT glare ominously.

Voters in 2008 might hold commissioners accountable for diluting the value of their property because of the less-than-lustrous lure of Sierra's payment. That's if Spring Hill still retains its residents who aren't leaving because of myopic growth policies that have contributed to diminishing home equity.

James Wrye, Spring Hill

Seminar touts low-impact development to builders, county officials

BY RICHARD CONN
STAR-BANNER

OCALA - For years, Larry Coffman has been trying to get builders, architects, homeowners and government officials across the country to eschew the traditional method of managing stormwater. The old way, he believes, simply isn't protecting the quality of lakes, rivers and streams.

"This is all about quality of life and we want to protect it," Coffman said.

Coffman, president of Maryland-based Environmental Services Group, recently made his case to a gathering of local builders, planners and government officials at Central Florida Community College . The seminar, sponsored by the Marion County Clean Water Program, touted the benefits of building with minimal impact on the environment.

The concept, called low-impact development, aims to reduce pollution and maintain the hydrologic conditions that existed on a piece of property before development began.

Coffman is a pioneer in the field. In 1990, while serving as associate director for programs and planning for the Department of Environmental Resources for Prince George County , Maryland , Coffman came up with the concept of rain gardens.

The landscaped depressions feature trees, shrubs and other native plants that serve as bioretention areas. They collect runoff from roofs, driveways and parking lots and filter it back into the soil instead of sending the water, possibly polluted by impervious surfaces, offsite into traditional curb and gutter systems and then into nearby waterways.

In other words, the rain gardens keep the water where it falls.

But low-impact development isn't just about rain gardens. Coffman touted the use on all building sites of rain barrels, which collect and harvest rainwater. That water could be used during droughts. He also promoted porous pavement, a type of asphalt that filters pollutants and reduces runoff by allowing moisture to pass through it.

Low-impact development homes were built several years ago by the University of Florida in the 88-home Madera subdivision in Gainesville . But Coffman said there aren't many sites across the country that abide by all low-impact tenets.

"Sure, there are bits and pieces of them," he said. "Nowhere in the country is everyone doing everything you can think of" low-impact development.

But Coffman believes the winds of change are blowing. He said the concept is a "no-brainer for most people," and builders and government bodies are increasingly receptive.

"I think in a relatively short time, maybe a year or two, we're going to see a big change," Coffman said.

Marion County Commission Chairman Stan McClain, who is also a local home builder, was impressed with the presentation.

"That was one of the most informative seminars I've been to in a long time," he said.

McClain believes that builders and homeowners may not be necessarily tied to the traditional curb and gutter methods of handling stormwater and could be sold on more environmentally sensitive methods that could be more cost effective.

"I could see where we could work some of those things in," McClain said.

LOW-COST ALTERNATIVE

In general, Coffman said, low-impact development is cheaper because it reduces infrastructure and the need for future maintenance. He presented as an example a Wisconsin homebuilder who he said saved $780,000 by using rain gardens instead of using conventional methods to manage stormwater.

"That's one of the attractive things about low-impact development is that it's also low on cost," Coffman said. "It's a lower cost to construct. It's a lower cost to maintain, and it also reduces that tax burden in the future because of the reduction of that infrastructure."

Alex Kane, vice president of development for Heritage Green, a builder of low-impact developments in Florida and Australia , told the crowd that he implemented environmentally friendly features to protect future generations, which will include his 6-year-old daughter.

"And you know, when you turn around and look at a 6-year-old girl and say, 'In 30 years I will have given you something,' that's what development should be about," he said.

Richard Conn may be reached at richard.conn@starbanner.com or at 867-4045.

Invasive Snails Spotted On Lake Tulane

By Douglas Carman of Highlands Today

Published: April 11, 2007

AVON PARK - One of those bright, neon pink clusters one might have remembered seeing around Lake Olivia has appeared near Lake Tulane .

Those globs hatch into channeled apple snails, which are considered an invasive and extremely destructive creature in Florida 's lake environments.

Erin McCarta from the Highlands County Soil and Water Conservation District said Tuesday from her office that she was not sure about the ecological impact the new snails may have on the lake.

However, she was concerned about how widespread they could potentially become.

"The biggest concern is you can carry the eggs to another lake," she said.

The channeled apple snail, an exotic species from South Africa , can grow to the size of a fist. Because of their large size, they have no natural enemies, unlike the native apple snails that are eaten by snail kites, a rare bird. Out-competing the native apple snails, the channeled variety could then devour the area's grasses faster than they can regrow.

Previously, the invasive snail species has been documented only around