Comments
on water war due by Friday
By
DEBORAH BUCKHALTER
Jackson
County Floridan
Thursday,
December 28, 2006
Members
of the public have just two more days to make their voices heard
regarding a proposal that would allow Atlanta to reserve and
draw down 360 million more gallons of water each day from Lake
Lanier in Georgia.
That's
a move that some downstream users say could harm the oyster
industry in Apalachicola and degrade conditions elsewhere on the
Apalachicola-Chattahoochee-Flint River system.
The
proposal is part of a contested settlement agreement now working
its way through the courts
Jackson
County borders the Apalachicola River, and county commissioners
here recently sent a letter to the Corps of Engineers urging
that body to consider the impact such a draw-down could have on
the local economy, environment and cultural resources of the
area, since it could result in less fresh-water flow downstream
from Atlanta.
Through
Friday, local residents can add their own input to the process
as the Corps addresses that issue and other matters in preparing
an Environmental Impact Study regarding water uses.
Those
who wish to call in their comments should ask for or leave a
message with Joanne Brandt at the Corps office in Mobile, Ala.
She can be reached at (251) 690-3260.
Brandt
is currently gathering all the information she has received so
far, and after Friday will give it all over to the company
charged with compiling a report the Corps will use in assessing
the merits of the draw-down request.
Those
who want to e-mail their comments can do so to
LanierEIS-InterimStorageContracts@sam.usace.army.mil.
Happy Hill development changes, but stays alive
CHUIN-WEI YAPPublished December 28, 2006
ST. LEO - It's gained a name, changed the name and even won over a key opponent who once feared the stomp of suburbia on the doorstep of St. Leo's idyllic hills.
But the overall aim of developers Haydon-Rubin and Andrew Pittman is still to turn 62 acres of Happy Hill into a mini town center of stores and homes.
The project, broached early in 2005, was first called Aberdeen Hills.
In an apparent nod to nearby Lake Jovita, it's now called Jovita Hills.
Smack on the prime northwestern corner of State Road 52 and Happy Hill Road, it comes in two pieces: stores fronting SR 52, and 39 acres of residential in the rear.
Pittman still owns the 23 acres destined for commercial development, but has sold the 39 residential acres to Haydon-Rubin, a Clearwater firm.
The developer at first wanted nearly five homes per acre.
Such a high density, in the rolling hills of east Pasco, raised eyebrows in the neighboring community, where an abbey and a university dominate.
Brother James Hallett, the monk who is also St. Leo's mayor, asked the county to limit the proposal to one home per acre.
He got his wish.
The residential portion now features a gated community of 39 single-family homes on 39 acres, according to plans filed with the county earlier this month.
Discussions on the site plans are still going on in county offices.
"It would be mid next year before we're ready to build something there," said Paul Manuel, of Coastal Design Consultants, Haydon-Rubin's engineering company.
The commercial section will have to wait longer. Pittman is tussling with county planners over the allowable density under the current zoning and land use laws.
"We just separated the project," Manuel said. "The commercial part is not necessarily tied to this project. There's some zoning issues there."
But it's not dead. Recently, Pittman showed Hallett a conceptual plan of the minimall and got his nod, at least on the Spanish-Mediterranean style of the design.
"I am supportive of the project," Hallett said. "I know it's gone through extensive review at Pasco County. The owner gave me a preview several months ago on what is proposed. Certainly, architecturally, it's very attractive. The style is compatible with Saint Leo Abbey ... as opposed to having a plain Jane retail appearance."
Chuin-Wei Yap covers growth and development. He can be reached at 813 909-4613 or cyap@sptimes.com.
Change again will be key topic
Times staffPublished December 28, 2006
Kuhl plans to hold a "visioning" session with the County Commission in mid January to set its goals for the coming year.
Here are the top priorities facing the county:
- Facilities: How is the county going to accommodate growth? This includes what to do with the old Brooksville hospital, which is up for possible conversion into a government center. It also includes finding new space for the expanding needs of the courts.
- Transportation capacity: Roads are getting more crowded. The County Commission needs to set some long- term goals for State Road 50 and County Line Road, among others.
- I-75 Planned Development District
- Recreational facilities: Does the County Commission want to expand and upgrade its parks?
- Limerock roads: The current system where the county partners with homeowners to pay for paving isn't working because road costs have risen so dramatically. Many homeowners just can't afford it. Can the county create longer-term loans, or help out some other way?
- Environmental: The county has an Environmentally Sensitive Lands Fund. It paid for the acquisition of Peck Sink and other properties, but its current commitments will wipe out the fund. How else can the county raise money to ensure its unique environmental treasures will be protected?
- Funding county government: Sales tax? Change in ad valorem? Grants and legislative assistance? What's the best way to fund the increasing need for services?
- Quality development: Indexed impact fees, setting standards for comprehensive plan review and changes, rural preservation, affordable housing.
- Efficiency in county government: What can county government do to save taxpayer money? Two-year budgeting and zero-based budgeting are possibilities.
- Kuhl noted that policy has been set for several high-priority, ongoing projects, like the DPW cleanup, replacement of fleet vehicles and the audit of fire services. Policy has already been set, but it's important for the county to push those projects forward, he said.
Tellone is retiring this spring after 30 years in the district.
Among items on her 2007 to-do list is helping the board find her successor and assisting in the transition.
Tellone said she also was committed to using research and data to close the "academic gaps" between different groups of students; increase family involvement in education; and increase collaborative efforts with the county and Brooksville.
Flagler developer makes extra effort to protect eagle pair
For 30 years, two bald eagles have
dazzled Flagler County residents watching their daily hunting
rituals, which often brings them close to people.
The male eagle and its mate also have won the heart of Hometown
Communities developer Scott Delanoy, even though he said their
nest on the property that he is developing in southeast Flagler
County has cost him at least 40 home sites and more than a million
dollars in potential sales. "We could have made a lot more money if there wasn't an
eagle there," Delanoy said. "We took pieces of land to
preserve, and we had about 40 home sites on that land."
Delanoy is developing the property, aptly named Eagle Lakes, on
Old Kings Road a few miles south of State Road 100 and east of
Interstate 95. He recently received final county approval to begin
development after making several concessions to accommodate the
eagles. Delanoy said he was aware of the eagles, which were first
documented in 1976, when he purchased the property three years
ago.
"We knew the eagle was a protected species and there were
certain criteria to follow," he said.
Delanoy had to create a primary protection zone, which meant he
couldn't build within 375 feet of the nest. That's where he lost
the home sites.
But that was OK, he said, because he's grown fond of the
eagles.
"It's neat to watch them," Delanoy said. "I just
think they are amazing. They're so people-friendly. We've learned
a lot about them over the years."
Delanoy enjoys watching the eagles so much he encourages others
to do the same. He spent $100,000 to build a small park on his
property so the public has a place to view the birds. The park
features landscaping, aluminum benches and a paved parking lot
with five lined parking spaces, including one handicap space.
"That's awesome," said Teri Marx, education
coordinator for the Audubon Center for Birds of Prey in Maitland.
Marx said there is an inherent conflict between bald eagles and
developers because the developers inevitably stand to lose money
if there is an eagle nest on their property. Stories of developers
going above and beyond their legal responsibilities to accommodate
the birds are few and far between, she said.
The male eagle on Delanoy's property stays in the nest
year-round, and is joined by the female in time for the mating
season, October to May, Delanoy said.
Eagles, which keep the same mates for life, apparently aren't a
lot different from humans in some respects. The first thing the
two do when the female returns is clean up the mess the male has
made, Delanoy said.
"First, they rebuild the nest," Delanoy said.
"They both hunt. Then, when she lays eggs, she sits on them
while he hunts all day."
Delanoy said the eagles hunt in ponds, woods and people's
yards. They also do a little scavenging of dead animals. He's seen
the male capture squirrels, field rats, larger animals like
raccoons, and "fish galore" from one of the
subdivision's small lakes.
Delanoy said the birds usually produce two eaglets a year.
"You'll see them poke their heads up in the nest as they
get bigger," he said. "They (the parents) start feeding
them by putting food in the nest. Then they move it out on a
branch so the fledglings have to come get it. It's called
branching. As they get older, they move it farther away. Then they
put it on a limb in another tree so they have to fly to get
it."
The average life span for eagles is about 45 years, so people
should have about 15 more years to watch the pair, Delanoy said.
Eagles still protected by other laws
PALM COAST -- Florida environmental officials say they've been
fielding calls from people concerned about the future of the bald
eagle now that the Bush administration is poised to remove the
national symbol from the Endangered Species List.
But they say not to worry -- the birds still are protected by
two other laws, the Migratory Bird Treaty Act and the Bald and
Golden Eagle Protection Act.
"There is some debate, but some people say they (the two
other laws) may even provide more protection," said Teri
Marx, education coordinator for the Audubon Center for Birds of
Prey in Maitland.
Restrictions on developers building on property near eagles'
nests already were relaxed this year. Developers now can build as
close as 330 feet from a nest, closer than the previous 375. That
protection should remain despite the bald eagles' removal from the
endangered list, Marx said.
There also was a secondary protection zone that extended an
additional 375 feet from the nest. Developers were required to
monitor eagles while building in that zone to make sure they
weren't disturbing them. That was eliminated this year.
Marx said there are more than 1,200 nesting pairs of eagles in
Florida and Audubon monitors about a third of them.
"It's not like we're going to stop monitoring," Marx
said. "Taking them off the list doesn't mean that they're
being ignored."
Marshall Jones, deputy director of the U.S. Fish and Wildlife
Service, said eagles still will be protected.
"We'll be clear so people won't think, 'It's open season
on bald eagles.' No way," Jones said.
A passion for alpacas
By TONY MARREROlmarrero@hernandotoday.com
SPRING LAKE — For a few minutes on Wednesday, as it often does, Bill and Sherry Leslie’s world came together in a pasture.
Their biological daughter, Ashley, and foster son, Joe, laughed as alpacas nuzzled them and accepted their petting. Other alpacas lay prone on the green grass, basking in the sun.
One of the newest additions, a brown male named Journey, paced a fence and bleated for his mother. Joe gave his mom a hug.
The idyllic setting is the product of the Leslies’ two passions — their children and their alpacas.
“We have a happy family here,” Sherry Leslie said.
The couple bought a few alpacas in 2002 for what they figured would be an interesting way to secure a greenbelt exemption on their newly purchased, 13-acre ranch on Base-ball Pond Road.
Four years and 55 alpacas later, Griffonwood Alpacas has become a way of life that makes money, provides a therapeutic outlet for Joe, who has Down Syndrome, and brings the family together.
“We just fell in love with it more than we thought we would,” Sherry said as she stood among a pack of alpacas in one of their front pastures. “It’s better than you expect it to be.”
The Leslies moved to Hernando Beach from Ohio in 1995 after their son John died in a car accident. Bill is a former factory worker who grew up on a cattle farm in Ohio. Sherry used to run a home child care center.
They invested heavily in real estate, fixing up and then selling homes near the Gulf of Mexico.
One day they decided to sell it off for a new life on the farm. It turned out to be an ideal place to care for the special-needs foster children they care for.
“God kind of directed us,” Sherry said. “It’s a decision we have not regretted.”
They took in Joe on what they thought was an emergency basis. Now they share their large, two-story home with him and two other grown men with special needs, Brian and John. Ashley, a 19-year-old student at Pasco-Hernando Community College, also lives there, and their biological son Danny, a 34-year-old professional kick boxer, lives in a house on the property.
The couple say they could already be making a tidy profit on their alpacas, but had until recently decided to invest all of their return in more quality animals to improve the ranch’s breeding stock.
Now the Leslies, who call alpacas “a huggable financial investment,” figure that they will soon be able to live off the ranch’s profit.
A look at the numbers shows why.
A quality male can be sold for hundreds of thousands of dollars. While the Leslies have yet to see a sale anywhere near that magnitude, they get closer with nearly every birth on the ranch.
Charts posted on a wall of their barn show lineages for each of the animals on the ranch. The Leslies recently paid $59,000 for a Suri alpaca named Royal King. Average stud fees run between $2,000 and $4,000 dollars, but can be much higher.
They paid $12,000 for another Suri named Peruvian Majesty. One of their customers who paid to breed an animal with Majesty sold the offspring for $18,500.
“He’s quite the man right now,” a laughing Sherry said of Majesty.
Rich history butrecent in America
Alpacas are members of the camelid family that resemble llamas, but are smaller. Cherished by the Incan culture in the Andes Mountains of South America, the animals have been domesticated for 5,000 years, mainly for the rich fiber of their coats that can be sheared without any harm to the animal and used for clothing. The fiber grows in 22 colors, including black, white and several shades of grey and brown.
There are two types of alpacas: Suris and Huacayas. The Suris are much rarer and have a coat that is even more valuable.
Alpacas have no teeth, claws or horns. The animals will occasionally kick and spit if they feel threatened, but that’s rare.
The animals were first imported to America in 1984. Still, 99 percent of the world’s alpaca population is in South America. There are an estimated 100,000 in the United States.
At the Leslie ranch, the alpacas act more like pets than livestock, showing the kind of docile curiosity, attention and even affection one might expect from a dog. Visitors are often greeted with nudges from noses and the stares from giant gumball-sized eyes.
“It’s just a joy having them,” Bill Leslie said. “They each have their own personality.”
Many owners pay the Leslies to keep their alpacas on the ranch. Besides the profit from breeding and boarding, the couple recently purchased a spinning wheel to take advantage of their animal’s fiber. They envision clothing products packaged with a photo of the animal that supplied the fiber.
The couple helped found the Florida Alpaca Breeders Association. The group plans its fourth annual alpaca show Feb. 9-10 in Jacksonville.
The Leslies travel to shows in Kentucky and the Carolinas, venues where they can show off the animals’ quality to prospective buyers and breeders. Bill Leslie is particularly excited about Journey, whose bone structure and coat sheen rival any the couple have produced so far.
“I’m taking you to nationals,” Bill said as he extended his hand toward the animal.
Joe ‘the greeter’
While ribbons and big profits can be tallied, another benefit from the farm is more intangible.
Joe isn’t able to speak much. But he smiles often and gives spontaneous, firm hugs to whoever will take one.
“One of the few words he can say is ‘alpaca,’ because he loves his animals,” Sherry said.
He also is learning some rudimentary sign language. One of his favorite signs is to hold up his hands under his face and imitate a baby alpaca emerging from the mother’s womb.
Caring for the alpacas is a way to for Joe to socialize and feel included, the Leslies said. When a baby is born, Joe will carefully wipe it clean.
One of the first things boarders or other returning visitors ask is, “Where’s Joe?”
“Everyone who comes here knows this is Joe’s life, too,” Sherry said. “He gets to meet all kinds of people and he gets love from all kinds of people.”
Reporter Tony Marrero can be contacted at 352-544-5286.
Bronson hopes ethanol will save farms
Daphne SashinSentinel Staff Writer
December 28, 2006
Early one morning this month, Florida's commissioner of Agriculture and Consumer Services donned a tan Stetson, hoisted himself up onto a brown-and-white horse and spent the next six hours on an old-fashioned cattle drive through the pastures of Osceola County.
It was a familiar position for Charles Bronson, a fifth-generation Floridian who grew up corralling cattle on his parents' Osceola ranch and plans to return to ranching when he retires in 2010, after nine years as agriculture commissioner.
Yet even as Bronson, 57, embraces Florida's agricultural past, he is most passionate about taking the industry to places it has never been.
On the eve of his last term in office, Bronson is staking the future of Florida's farmland on its ability to produce the makings of the gasoline substitute ethanol from such low-cost, readily available materials as tree branches, orange peels and grass.
Besides being good for the environment and reducing the state's dependence on foreign oil, so-called biofuel could generate the extra income that farm owners need to stay competitive, Bronson argues. Farmers could sell leftover or unusable crops and grow "energy crops" to sell exclusively for fuel, he said.
"We've got the best weather, the most rainfall, the most temperate climate. If we wanted to, we could look like the Amazon jungle, we could grow so much. So it's doable," he said.
As Bronson works to advance his "Farm to Fuel" initiative, he also must stay on top of the department's many other programs. Challenger Eric Copeland charged that Bronson had neglected the consumer-services side of the job -- from regulating charitable solicitations and telemarketers to monitoring the accuracy of gasoline pumps -- an accusation the incumbent is quick to dismiss.
"We don't blow a whistle and put out press releases that we're doing something all the time, but we do it. We do the job," he said. "We do solve cases. We do get restitution at the tune of over $20 million [a year] back to consumers."
On the agriculture side, Bronson's department faces a host of challenges. Florida growers must compete with countries where employers pay their workers less and have fewer environmental regulations to uphold. New pests and diseases are getting through ports and threatening to wreak havoc on fruits, vegetables and flowers, as canker did to citrus.
"Our biggest fear is that we bring in another citrus-cankerlike disease. We've already brought in greening," a disease that kills citrus trees, he said. "We're constantly bombarded with new pests and disease."
Option to selling out
As production costs increase, farmers and ranchers face more incentives to sell out. Builders bought more than 2.5 million acres of Florida farms and other rural land from 1992 to 2002, according to the American Farmland Trust and the U.S. Department of Agriculture. Meanwhile, the state is spending $3 billion on land purchases and preservation through its 10-year Florida Forever program.
Biofuels, Bronson said, may offer farmers and ranchers a reason for staying in business.
"That's why we're working so hard on this alternative-fuel situation, so farmers don't have a single crop they have to rely on every year," he said. "When a developer comes and offers big money, they can say, 'Look, I'm making a real good living now, and I want to keep my land as long as I can.' "
The state's first commercial ethanol plant is scheduled to open next year in Port Sutton, near Tampa. Bronson has set the goal of having four to six plants up and running by the time he leaves the Capitol.
Industry leaders, scientists and economic-development officials support Bronson's vision, but there are a lot of unknowns. Currently, nearly all the ethanol plants in the United States use corn, as will the Port Sutton plant. Generating fuel from biomass -- plant matter made up largely of cellulose, which has a different cellular structure than corn -- requires an entirely different, and currently much more expensive, process.
"From a long-term view, Commissioner Bronson is spot on," said Bradley Krohn, president of Tampa-based United States EnviroFuels, builder of the Port Sutton plant. "The question becomes how that can become commercialized in the near term, and whether it's commercially feasible in the near term."
Krohn estimates the first biomass-to-ethanol plants won't get built for two to five years.
"The corn-to-ethanol process is conventional and well-proven in the U.S., and it carries the lowest risk as perceived by the financial community," he said.
Financial incentives
Bronson recognizes the market challenges. He hopes to counteract them with financial incentives. Earlier this year, the state agreed to give $100 million in grants over four years to develop renewable-energy technologies, including bioenergy projects. Next year, he said, he will lobby the Legislature to grant tax relief for investors willing to build the plants, as well as to farmers who grow the extra crops.
However long it takes, Bronson is "on the right path, at the right time and the right place," said John Adams, chief executive of Enterprise Florida, the state's Orlando-based economic-development agency.
"This is an investment in the future," Adams said. "The commissioner's initiative is really the definition of a win-win for the state's economy, whether it's the producers or the consumer who is concerned about the price and quality of gasoline."
Bronson held his first "Farm to Fuel" summit in August. He plans to reconvene industry leaders in the spring or summer to see what progress has been made.
"I go back and look at my grandfather, who was born in 1880. Nobody dreamed of a car, certainly did not dream of anybody being put into space. Airplanes that were going to carry people all over the country, all of that happened in his lifetime," Bronson said.
"People are saying right now: 'You're crazy. You can't do this.' Well, you can't now, but that doesn't mean we're not going to be able to do it later."
Daphne Sashin can be reached at dsashin@orlandosentinel.com or 407-931-5944.
Climate experts' forecast is music to area farmers' ears
Florida farmers may catch a little more shut-eye this winter.If a forecast recently released by the Southeast Climate Consortium, a group of climate experts from the University of Florida and other southeastern universities, is correct, farmers and others who depend on the weather will face fewer below-freezing nights this winter, reducing the need for pre-dawn crop-protection measures.
Even so, Alachua County residents are expected to wake up to near-freezing temperatures this morning, though temperatures will reach almost 70 degrees later today.
The consortium has predicted a reduced risk of damaging freezes this winter because of El Niño, or the warming of the water in the South Pacific that has also been credited for a tame hurricane season. While average temperatures in the South are often cooler during El Niño years, Clyde Fraisse, a UF climate extension specialist, said the strong jet stream typically associated with El Niño tends to block the arctic air masses that usually cause below-freezing conditions in Florida.
Fraisse, a member of the Southeast Climate Consortium, said the consortium's climate prediction is based on 60 years of Florida weather data showing a history of fewer damaging freezes during El Niño years.
"It shows a striking difference between El Niño and La Ni–a years and neutral phases," Fraisse said. "It's three times more likely that we'll have a hard freeze during a neutral phase than during an El Niño year, and this year is an El Niño year. It's important to mention that this doesn't mean that a damaging freeze will not happen, just that conditions will certainly not be favorable for it." Recent sopping wet weather and moderate temperatures were both characteristic of an El Niño year, meteorologists said.
"El Niño typically brings wetter and milder weather," said Matt Zibura, a meteorologist with the National Weather Service in Jacksonville. "We've been getting a good amount of rain this week, and there's another good chance of rain on Saturday."
UF's prediction was good news for Alachua County farmers. Fruits and blossoms on blueberry and strawberry plants are susceptible to damage when it's colder than 32 degrees, and most plants are susceptible to damage during hard freezes, when temperatures dip below 28 degrees for more than two hours.
Roy Brown said this winter's milder weather is apparent on his farm, which is located between Gainesville and Melrose.
"It's been so warm, I'm still picking some warm-weather crops like squash," Brown said. "Usually, that's done by the first week of December."
Brown said his thermometer has dipped to 32 degrees this year, but not below it. That means he hasn't had to take many preventive measures, such as covering his crops before a freeze warning or waking before dawn to coat plants with a protective layer of ice.
Brown said this week's chilly but above-freezing nights won't demand much extra work on his part.
He also said winters without any hard freezes aren't necessarily problem-free, as cold temperatures kill diseases and pests that would otherwise live through the winter.
Still, Brown said he'd be happy to avoid a winter full of cold early mornings if the consortium's prediction is correct. "It's a lot of sleepless nights," Brown said. "That's why I kind of enjoy the milder winters."
Alto Straughn, who farms blueberries, watermelons and beef cattle in Alachua County, said while he was happy to hear the forecast of mild weather ahead, he's sure this week's temperatures won't be the winter's coldest.
"We will see some severely cold weather before the winter's through, believe me," Straughn said. "I've been farming for a living for a long time, and I'm sure we're going to have some weather that's colder than what it's going to be like the next two nights. Once every 25 years or so, we'll get a winter where we don't have anything below 28 degrees. That has happened, but it's rare."
As far as the forecast for the rest of the week, forecaster Marie Trabert at the National Weather Service said temperatures will continue to warm up through the weekend, hitting a high of about 80 degrees. Storms are expected to move into the area late Saturday or early Sunday, and another cold front will likely bring low temperatures in the 40s by Wednesday.
Report Names Pot As State's No. 3 Cash Crop
Published: Dec 28, 2006
TAMPA - When thinking of Florida's agribusiness, oranges and strawberries probably come to mind. How about pot?
Marijuana is the state's No. 3 cash crop - behind vegetables and citrus - according to estimates released last week by a pro-legalization analyst.
While legal crops benefit from the Sunshine State's climate, marijuana cultivation in Florida thrives indoors in the temperature- controlled confines of houses with blacked-out windows, according to the report prepared by analyst Jon Gettman.
Police and federal authorities have targeted, and stumbled upon, several major grow houses in the Tampa Bay area this year, including a bust last week.
Gettman's report places Florida third in the nation for indoor marijuana growing operations, with an estimated 1.2 million plants being grown. California and Washington produce the most indoor marijuana, respectively, Gettman said.
According to his report, marijuana crops nationwide are worth nearly $36 billion annually, compared with corn's $23.3 billion, $17.6 billion for soybeans and $12.2 billion for hay.
In Florida, the report estimates indoor and outdoor pot-growing operations yield nearly $600 million a year for producers, compared with $1.2 billion and $1 billion for vegetables and citrus, respectively.
Gettman's analysis, based on U.S government statistics and estimates, concludes that marijuana is the nation's largest cash crop.
"Words fail to describe how odd it is to give this plant so much value," said Gettman, who used to lead the National Organization for the Reform of Marijuana Laws.
Drugs Are $200 Billion Industry
To arrive at his figures, Gettman used government estimates that more than 10,000 metric tons of marijuana are grown in the nation each year, and that only about 10 percent is seized by authorities.
Tom Riley, a spokesman for the U.S. Office of National Drug Control Policy, said he has not reviewed Gettman's report, but said marijuana clearly is a large cash crop.
It is part of the roughly $200 billion the National Drug Control office estimates U.S. residents spend on illegal drugs each year, Riley said.
But he disagreed with Gettman's assertion that marijuana should be legalized and taxed.
"There's a lot of cash to be made in extortion and murder," he said. "That doesn't mean extortion and murder are any more desirable."
Gettman said he sees legalizing the drug as a way to pay the nation's debts. The high prices people pay for the drug indicate that they would be willing to pay for marijuana that is government-regulated and taxed.
The only reason marijuana is as highly valued as it is, he said, is that it's illegal.
Florida's status as the third-ranking state for indoor cultivation in Gettman's report probably has as much to do with the state's topography as its widespread development, Gettman said.
Outdoor growing operations thrive in hilly terrain where plants can avoid detection from the air, he said. In Florida, growing pot inside carries "far less risk," he said.
Heavily patrolled waters off Florida's coasts - with Coast Guard cutters searching for everything from drug runners to Cuban migrants trying to get to the United States - are also a factor pushing production indoors, Gettman said.
Several Busts Made This Year
Gettman's report was released a day before police stumbled upon a growing operation in a south Tampa home that had 163 plants.
Federal authorities also busted an indoor marijuana growing ring this year that used 10 to 20 houses. Each house could have yielded up to $3 million if authorities hadn't intervened.
Tampa police Sgt. Ken Mormon said there are usually signs that a structure is being used as a grow house. The tenants may often come and go at all hours. Windows may be blacked-out. Loads of fertilizer being carted inside is often a dead giveaway, he said.
Neighbors often report grow houses, which is why they're frequently rental properties, Mormon said.
A lot of people opt to grow marijuana indoors because "they need to make some quick money" and it's less risky than making or distributing other drugs, Mormon said.
Mormon, who has worked narcotics cases since the early 1980s, said he has been raiding grow houses for that long.
Grow houses in Tampa, he said, "have never caught on where it's widespread."
Gettman's report, "Marijuana Production in the United States," is posted at www .drugscience.org.
Reporter Anthony McCartney can be reached at (813) 259-7616 or amccartney@tampatrib.com.
The Florida Times-Union
December 28, 2006
Company sues St. Johns over cell tower denial
By ANNE MARIE APOLLO Verticality Inc. is asking a judge to compel the county to
issue a special-use permit for the structure, which the company
said would improve cellular phone reception for Verizon and
T-Mobile customers.
County Commission Chairman Ben Rich declined to comment on the
lawsuit.
"The board members have voted on this, each one for their
own individual reasons," he said. The tower is proposed for
278 Roscoe Blvd. in Ponte Vedra Beach. It would stand 150 feet
tall with a 5-foot lighting rod.
Without it, both cell phone companies' service is unreliable in
the area, according to the lawsuit, and 911 service also is
compromised.
William Rand, Verticality's registered agent in Florida, did
not return a call seeking comment. According to the company's Web
site, Verticality has tower sites in seven states, including ones
near Interstates 95 and 295 on Jacksonville's Northside and near
Goodbys Creek.
The county voted the structure down at its Oct. 31 meeting
after hearing from residents who argued the tower was unsightly.
Plans for the tower also did not meet a 250-foot setback the
county required.
In its suit, which was filed last week, Verticality maintains
there is no parcel of property available in the area where the
tower is needed that would meet that standard, and no other tower
standing Verizon or T-Mobile can use. The company accuses St.
Johns of violating several federal laws, including those that say
the county needs to base denial of a cell tower on
"substantial evidence in a written record."
Verticality's lawyers argue the county did not meet that
standard.
According to the lawsuit, Verticality presented commissioners
with statements showing the tower's need, as well as opinions that
it would not adversely affect property values and would have no
impact on historic properties or environmental areas.
The county denied the permit saying waiving the setback would
be detrimental. It said the tower was not compatible with the
neighborhood and not needed to provide cell phone service to the
area.
annemarie.apollo@jacksonville.com (904) 359-4470
The Times-Union
A Ponte Vedra Beach company has filed a
federal lawsuit against St. Johns County, calling a decision by
commissioners to deny a cell phone tower "arbitrary and
capricious."
State analysis projects $199 million in sales taxes over 12 years
Progress Energy has selected a 3,000-acre tract in Levy County - about eight miles north of the company's Crystal River Energy Complex in Citrus County - to possibly build up to two nuclear reactors to meet the demands of its growing service area. However, company officials said the decision on whether to build the plant is at least a year away.
But Progress officials already have touted the potential economic impact the plant could have on the rural county. The study by Enterprise Florida said that in addition to the 500 people that would be employed at the Levy County plant, a new reactor also would create the need for more than 1,000 off-site manufacturing jobs to support the plant operations as well as some 2,000 construction jobs.
With one reactor expected to cost anywhere from $2.5 billion to $3.5 billion, Progress officials said a new unit essentially could double Levy County's tax base. Nancy Bell, chairwoman of the Citrus County Commission, didn't doubt the economic impact figures but said there are concerns about possible environmental repercussions.
"I know I've got a few questions I want answered," Bell said. "I'm an old '60s girl. I'm always concerned about the environmental impact."
Bell said she is primarily concerned about how a nuclear power plant would affect the preservation of her county's rural character. "We're a much more rural area than much of Florida is today," Bell said.
While the nuclear power plant is a topic of conversation among residents in Bell's community, no one's been too vocal on either side of the issue - yet, she said.
"It's been a letter here, a letter there, some for, some against," Bell said. "I think people are cautiously conservative in their thinking about it."
Progress officials say another reactor is needed because demand for electricity in its 35-county service area - which currently includes more than 1.6 million customers - is expected to grow by more than 25 percent in the next 10 years.
Citrus County officials such as Brett Wattles, executive director of the county's Economic Development Council, worked hard to get Progress to build another nuclear reactor in Citrus near the Crystal River plant - currently the county's largest private sector employer and taxpayer. Still, he said that given the proximity to the Levy County site plenty of jobs should trickle down to his county as well.
"Levy County will benefit greatly," Wattles said. "Citrus County is still going to see a lot of positive benefits."
Richard Conn may be reached at richard.conn@starbanner.com or 867-4045.
"We're supposed to be the 'city of oaks,' " said City Commissioner James Clements, "but we're letting all these 100-year-old oaks go. I think we need to do what we can to save them."
At a recent commission workshop, Clements proposed adopting a policy that would preserve these old trees. He said he didn't have any specifics to offer, but wanted to explore the options for such a policy.
"I'm just bringing it up and saying that we should talk about it to see if there's anything we can do," he said.
Clements said he started thinking about the tree issue when he reviewed plans for a 550-acre site for an active-adult community on U.S. 98 North.
"When Silver did their first site plan, they tried to save as many of the oaks as they could," he said. "They were going to build the houses where the orange groves and open pastures are now."
Then John and Terry Frost, who live just west of the site, filed a lawsuit against Silver challenging the development.
That led to changes in the site plan — changes Clements said may bring down many of the stately oaks on that property.
"They moved some things around, and they sold 40 acres on the north end to the School Board to build a school and put in a road," Clements said. "There are a lot of old trees up there, and I'd like to see something done to protect them. Once those trees are gone, it'll take another 100 years to get them back."
Clements also mentioned a new apartment complex under construction on East Church Street near North Second Avenue, which brought down several towering oaks.
Another cluster of large oaks came down when the new Holiday Inn was built on Broadway Avenue.
"I just think if we don't do something now, it's going to be too late," he said.
City Attorney George Dunlap III said the city's existing ordinance on trees and landscaping is pretty general when it comes to tree preservation.
"It goes into detail about landscaped buffers and the kinds of trees that should be planted," he said, "and it mentions that care should be taken to protect the existing trees, but it's very general."
Commissioners are expected to discuss the issue in greater depth next month, perhaps examining similar policies in other communities that could be applied in Bartow.
Wal-Mart foes cite grievances
By MICHAEL D. BATESmbates@hernandotoday.com
BROOKSVILLE — Foes of the proposed Wal-Mart Supercenter off Barclay Avenue said the giant retailer’s store would violate the county’s code of ordinances and have specifically cited 11 deficiencies in a letter sent to the planning department.
Planning and zoning commissioners are scheduled to discuss Wal-Mart’s master plan at their Jan. 8 meeting, despite a plea from representatives of four local homeowners’ associations to pull the item off the agenda.
That meeting is expected to draw hundreds of angry homeowners from the affected communities, including Pristine Place, Silverthorn, The Oaks and Plantation Estates.
In their Dec. 7 letter to Ron Pianta, the county’s planning director, homeowners’ representatives said the master plan Wal-Mart submitted to the county fails to include:
• Natural features, wetlands and accurate lists of wildlife and plants
• Surrounding zoning classifications
• Surrounding land uses
• Topographical information, including the land features on the property
Retailers and developers submit master plans, or “blueprints” to planners who use them as the basis for their zoning decisions because they typically include the land features, environmental concerns and future plans for the land.
The homeowners’ letter also found exception to Wal-Mart’s narrative, which developers send to “sell” the project to staffers in hopes of getting a favorable zoning decision.
According to the community letter, the retailer’s narrative failed to include:
• Proposed land uses
• The proposed intensity of the commercial uses and square footage
• The separation distances for each classified land use within the planned development project
• Proposed setbacks and minimum sizes for individual lots
• Condition of and impact on the area’s natural features
• Impact on the infrastructure in the area, which includes roads
• Proposed improvements to the infrastructure
The homeowners believe a 24-hour Wal-Mart at Barclay would increase traffic congestion, destroy the environment and increase the crime rate.
Also opposing the store are members of the United Communities of Hernando County, an umbrella organization representing of about 20 county homeowners and property associations.
Fred Maier is a representative from Pristine Place for United Communities. He said the effort to block the retailer is not about Wal-Mart. It’s all about location, on the east side of Barclay Avenue, between Suncoast Villa Apartments at the Publix-anchored Barclay Square.
“I’m not anti-Wal-Mart,” Maier said. “I shop at Wal-Mart and I am not a ‘Nimby’ (Not in my backyard). It’s just not a good fit there.”
Maier said there might be more community groups joining to oppose the Wal-Mart at Barclay.
“Look at where other Wal-Marts are — they’re all on major commercial corridors: U.S. 41, State Road 50 and U.S. 19,” he said. “They are in no conflict with residential communities. Now, they’re going to put one on Barclay Avenue with a school (Powell Middle) right up the block.
“First of all, we already have three Wal-Marts in the area and a Sam’s Club. We don’t need another one,” Maier added.
The property, part of the large Holland Springs development, has the necessary zoning for a Wal-Mart, but requires a master plan revision.
Between Pristine Place and the apartment complex, there are about 1,100 homes, far too dense for a major shopping center, he said.
Maier said he and his neighbors are upset that the county has not addressed their letter nor called a special meeting to discuss options. However, Pianta told Hernando Today last week that he was taking their concerns into consideration as he and his staff draft a staff report to present to planning and zoning commissioners Jan. 8.
They can either recommend or deny the master plan revision. The zoning for a commercial complex is already in place.
But just because Wal-Mart has the zoning does not mean that it has carte blanche to build there, Maier said
Kristen Tolbert, a representative with Bricklemyer, Smolker & Bolves, representing Wal-Mart, could not be reached Tuesday.
However, Tolbert told Hernando Today last week that she would attempt to arrange a meeting with concerned residents to discuss details of the project.
Reporter Michael D. Bates can be contacted at 352-544-5290.
High-rises, yes, but no rocket taxis yet
By HOWARD TROXLER, Times Columnist
Published December 26, 2006
----------
"Assume, first of all, that we will not destroy ourselves," began an article in this newspaper dated Jan. 1, 1967.
"Then, look toward the year 2000 ...
"High-rise living, colonies on stars, rocket transport to any point on earth in a few minutes, computers which may outstrip the mind and capability of man ..."
Well, that was pretty good on the high-rises and computer stuff. But they were a little ahead of schedule in the star-colony and rocket-transport department.
These and other late-1960s predictions for the 21st century were dug out of the archives by Gary Mormino, the history professor and Florida studies co-director at the University of South Florida St. Petersburg.
"When I think of goofy prognosticators, I think of you," Mormino writes in sending along the predictions. (Thanks, professor.) "For some reason, the world in 1967-1968 was especially curious as to what we would be like in 2000."
Members of a national outfit back then called the Commission on the Year 2000 were asked to present their vision of the early 21st century. Their ideas ranged from ridiculous to spot-on.
They figured that by now, technology would have made it easy to earn a living, "maybe too easy." They predicted a weakening of the traditional family unit, if not an end to marriage itself. They warned about the decline of privacy.
The experts of 1968 made a pretty accurate prediction of our 21st century "information society" and said we would surround ourselves with "information devices." (Nobody mentioned the iPod.)
One expert predicted a coming political crisis in the Soviet Union, saying it would "stop short of revolution" but end Soviet dominion over Eastern Europe. He also predicted the United States would block an attempt to reunify Germany.
"The U.S. will admit its 51st state (Puerto Rico) and its 52nd (a string of Pacific islands including Okinawa)," another predicted.
The Jan. 1, 1967, article, headlined "A Look to the Year 2000," made several predictions for the Tampa Bay area, including:
Tampa International Airport's expansion across the bay, built atop landfills.
The consolidation of local government in Pinellas County by 1975. (Ha!)
A redeveloped downtown St. Petersburg with thousands of high-rise apartments, new shops and open space along the waterfront. (Not bad, except for the prediction of "at least one more fine department store.")
But most of the worry locally, even in 1967, was whether we would do a good job of planning for growth.
"If growth continues in the pattern of the past," said John B. Harvey, then the city of St. Petersburg's planning manager, "we would approach the unorganized urban sprawl now typified by Los Angeles.
"But if adequate control in a broad enough area is possible," he wrote, our area could be "an outstanding example of urban form, providing all the requirements and amenities for wholesome living."
Notice the "if" there. Not until 18 years after that prediction did Florida even try anything approaching growth management, and in the 20-plus years since that law was passed, we have done our best to stall and weaken its effects.
Seeing how predictions look in print 40 years later, I am reluctant to take my turn, except to express the hope that by 2047 the Devil Rays will have won the World Series.
Man sells veggies to area restaurants
SALEM - In 2001, three years after Wayne and Charlotte Hawthorne bought 30 acres in the Havana area, Wayne decided to build a hoop greenhouse and get into hydroponics.
A hoop greenhouse has semicircular hoops covered with two layers of heavy-duty plastic film. The air pocket between the layers helps control the temperature of the greenhouse.
And hydroponics? It provides the needed nutrients via a liquid growing system. No pesticides, no herbicides, no dirt. At his Blue Ridge Farm, Wayne grows only greens, and area restaurants are beginning to discover them.
"These are the greatest greens I have ever seen," said Brian Bermingham, chef for Andrew's 228 restaurant. "I love them. (It is) fresher than getting organic lettuce from California. ... All I have to do is call Wayne and he drives it here right away."
Wayne went with hydroponics after he had done considerable research and decided that organic methods were too difficult for the small farmer.
"Hydroponics has matured over the years," he said. "[This] is a healthy weed-free system, and the food is safe to eat raw.
"So far as we can determine, there are no other greens-growing hydroponics systems in this area."
An Air Lock system protects the plants from bugs. It's a double-door system. You enter through an outside door, and there's a work station between that door and the entrance to the actual 21-by-80-foot greenhouse. It prevents people from bringing bugs and tracking debris into the actual growing area.
The plants themselves are grown in miniature pots set in the growing liquid that moistens their roots. He grows Butter Crunch, Bibb, Red Oak, Green Oak and Lolla Rosa lettuce, to name a few. He also grows arugula, radicchio and chives.
Wayne, 59, graduated from Florida State with a bachelor's degree in social welfare and still practices hypnosis and counseling. He always wanted to grow things and never had a chance until now.
His wife, Charlotte, 48, was working at the Ocala airport when she met Wayne, who flew in there often. They love what they call the Old Florida feel of Gadsden County.
"When I built this greenhouse and started raising healthy and beautiful greens, I had a new lease on life," Wayne said.
"After growing my first batch of greens, I went into Tallahassee and started pitching the restaurants." Clients now include the Governor's Club, Cypress and Cafe Cabernet. Their greens can also be found at New Leaf Market.
Bob Prather, a neighbor, bought several bags of greens for the holiday last weekend.
"This is a much better quality of greens than the conventional ones you get at the supermarket," he said. "And it is pesticide-free."
The price is $2.50 per bunch, which fills a regular plastic grocery bag.
From Tallahassee, take U.S. Highway 27 north to Havana, go to the first traffic light, turn left and you're on State Road 12 (Havana Highway). Go about a mile. At the Salem convenience store there's a flashing red light. Turn right onto County Road 159. Take it to the Y and keep left. Stay on 159 until you come to Fred Smith Road. Turn tight and go 1.9 miles. On your right you'll see the hoop greenhouse. If you want to visit anytime other than 9 a.m. to 1 p.m. Saturdays, call first: (850) 875-9572 or (850) 544-0714.
Unity Best Hope For Citrus
Tampa Tribune Editorial Published: Dec 26, 2006
A fight is brewing between Florida citrus growers and the Brazilian-owned processing houses that now process half the state's juice.
For more than 50 years, Florida's fruit processors and packing houses have voluntarily collected a small per-box fee from growers to fund Florida Citrus Mutual, a growers' association that lobbies for orange interests in Washington and Tallahassee.
But three Brazilian-owned or affiliated companies doing business in Florida, still smarting from a Citrus Mutual lawsuit accusing them of unfair trade practices, say they will no longer collect the fee. The processors - including two in Polk County - may sue the Florida Department of Citrus if it enforces a new regulation requiring them to do so.
While hardly the gravest threat facing Florida's turbulent citrus industry, the rift is rattling the bedrock trade association that represents the state's 10,000-or-so citrus growers.
Given that hope has been lost for containing citrus canker, and now an even more virulent disease called "citrus greening" is devastating groves, an internal standoff is the last thing Florida's legendary industry needs.
Changed Landscape For Citrus
The citrus business is dominated by two major players: Florida and Brazil. Together they produce 90 percent of the world's orange juice.
Florida growers continue to dominate the U.S. market, thanks to a tariff on Brazilian juice imports - a unique duty that has merit.
Still, Brazil ships concentrated juice to Florida because it's needed to meet consumer demand. It has also developed a way to ship not-from-concentrate juice, a clear threat to Florida's market and the reason that competition with Brazil topped Citrus Mutual's list of issues prior to the hurricanes of 2004 and 2005.
Brazil grows its fruit for a fraction of Florida's costs. Even after paying the 29-cent tariff, the price of Brazil's frozen concentrate sells for about 35 cents less than Florida's. While this page believes in free trade, without this tariff Florida's citrus industry could not compete and Brazil would assume a monopoly that would hurt Florida's economy and consumers worldwide.
Brazil faces some of the same challenges as the citrus industry here. Groves there have canker, greening and other diseases, and the sugar industry covets its land to grow crops for ethanol producers. However, Brazil does not face the strict regulations Florida demands of the industry, or the labor costs growers and processors endure, which is why it can produce fruit for roughly half the cost.
Freezes Changed Everything
In Florida, the arrival of the Brazilians followed the devastating freezes of the 1980s. Before, large growers like Ben Hill Griffin or citrus cooperatives formed by groups of growers developed a sort of "old boy network," aligning with smaller growers to buy and process their fruit.
But the citrus business has changed. Since the freezes, the citrus industry has increasingly moved south. Thousands of acres have been planted near Lake Okeechobee. At the same time, the number of processing plants has shrunk from about 50 to 10, with Brazilian companies controlling half the processing capacity.
Consolidation has shifted the industry's business model and the pillars of its political base. Because packing houses and processors sign long-term contracts with the large and medium-sized groves, large growers can find themselves at odds with the interests of small-grove owners, who scramble every year to eke out a profit in an extremely challenging environment.
Because of the obstacles and the rising value of their land, owners of small groves can't be blamed for selling out to developers. If you drive along Interstate 4 or Highway 60 in eastern Hillsborough, the transformation is obvious. Just two weeks ago, an old grove fronting Highway 60 north of Plant City was bulldozed.
However, growers fighting to preserve their way of life rely on Citrus Mutual for advocacy and support. And that is how the seeds of today's struggle began.
Dumping Lawsuit
Three years ago Citrus Mutual sued Cutrale, Citrosuco and other Brazilian processors for illegally exporting juice at below-market costs and dumping it here at a disadvantage to Florida growers. The federal government ruled for the growers and imposed punitive tariffs on future exports from Brazil. Now the processors figure they shouldn't have to collect fees for an organization that sued them, and there's logic in their reasoning.
that the 2006 Legislature passed a trade association law - crafted to address the citrus feud - that allows the Department of Citrus to collect the per-box fee from the processors to benefit Citrus Mutual. Trying to collect the fee from individual growers would be too unwieldy - and uncertain - the reasoning goes.
Given Gov. Jeb Bush's aversion to onerous business regulations, it's surprising he signed the bill. Government has no business requiring companies to collect money for a private trade association, no matter the importance of this landmark industry. The processors would be justified in challenging the law.
Still, the Brazilian companies s benefit from Citrus Mutual's lobbying efforts and the advertising campaigns funded by Department of Citrus collections. Rather than distancing itself from the trade association, the companies should continue to collect the assessments and work from within to create changes that benefit the industry.
And it's time for Agriculture Commissioner Charles Bronson to step up. He should use his influence to facilitate a compromise that respects today's realities yet preserves the grower's association, an icon on Florida's political landscape.
Growers need the collective muscle of Citrus Mutual to address the roiling changes they collectively face.
With a unified front they could work toward disease eradication and grow world markets by encouraging more people to drink orange juice.
Too much is at stake for the leaders of Florida agriculture to left this rift stand.
Audubon Society scans land and sea for feathered subjects
By TONY MARREROlmarrero@hernandotoday.com
WEEKI WACHEE — Bev Hansen pushed “play” on her small cassette player and waited for the woods to come to life.
Hansen scanned the treetops with a pair of big black binoculars as the call of a screech owl emanated from the speakers of the player dangling from her arm.
Imagine a human’s low-pitched whistle broken by flapping the tongue. Though the screech owl is a predator, birds often “mob it” as a defense mechanism, Hansen’s husband Allan had explained a few moments earlier.
Suddenly, several birds darted from different directions and alighted on nearby tree branches near the western edge of the Glen Lakes subdivision, west of U.S. 19 in Weeki Wachee.
A Northern Cardinal flashed its red plumage.
A couple of Carolina wrens showed off their telltale orange breast.
Even a bluebird arrived to perch in the uppermost branches of an oak tree.
“I’ve got a little flock,” Hansen said, then made marks on a clipboard as Allan and two other birders made use of their own binoculars.
It was a moment of success during a long day for 20 people who fanned out into southwestern Hernando and northern Pasco counties to represent the Hernando Audubon Society in the annual Christmas Bird Count.
The group was one of hundreds in the United States, Canada, parts of Central and South America, Bermuda, the West Indies, and Pacific Islands collecting data for the National Audubon Society’s longest-running tradition.
The count runs from Dec. 14 to Jan. 5, the period considered “early winter” when many birds are on the move.
The Hernando Society members had already conducted one count on Dec. 16. At 6 a.m. Tuesday, they started their second and final count, meeting at Denny’s on U.S. 19 south of Spring Hill Drive.
The group split into seven teams to focus their high-powered binoculars and scopes on feathered subjects from Pine Island to Crews Lake.
Don’t call them mere birdwatchers on this day, though.
“It’s citizen science,” said Mary Dowdell, a Brooksville resident participating in her third bird count.
The goal of the count is to monitor the status and distribution of bird populations across the Western Hemisphere. Participants are armed with a list of species found in the area during counts past and check off birds as they see them.
“It’s like hunting without the gun,” said Mike Liberton of Ridge Manor. “My whole family is hunters. I decided to do it this way.”
Funny he should mention hunting.
The Christmas Bird Count began as a counter to the annual Christmas “side hunt,” when hunters would grab their guns and split into two sides. Whichever team brought in the most dead quarry — including birds — won.
On Christmas Day 1900, ornithologist Frank Chapman, an early officer in the then budding Audubon Society, proposed a new holiday tradition that would count birds during the holidays rather than hunt them.
Twenty-seven participants counted 18,500 original birds in 90 species.
Last year, more than 57,000 volunteers counted roughly 62 million birds.
Mother Nature could have doled out worse weather in Hernando County on Tuesday, but conditions proved challenging.
Early rain gave way to a stiff easterly wind that made most birds disappear to seek shelter. Several birders planned to conduct their portion of the count from kayaks, but the wind made that a futile and possibly dangerous proposition.
In Hernando County, bird counters said that habitat is slowly, but surely, disappearing. Participants are often forced to ask permission to hunt on private property and in the county’s ever-growing gated communities.
Still, lakes and retention ponds in subdivisions often prove to be fruitful places to look for birds such as egrets, herons and kingfishers, and there is still much woodland for land birds including pine warblers and blue-grey gnatcatchers. Several bald eagles were spotted Tuesday.
The Hansens, of Timber Pines in Spring Hill, and two other bird surveyors spent the afternoon prowling The Heather and nearby Glen Lakes in the Hansens’ red Toyota Prius. On the driver and passenger doors they had affixed a large placard with the words “Bird Survey.”
At one pond in The Heather, they spotted a male hooded merganser swimming along the rippled surface. They paused for a moment to take in the beauty of the small duck’s black and white plumage that stands up on its head like the feathers on a Roman soldier’s helmet.
Bird watching “all of a sudden opens up a whole new world that you never looked at before,” Bev Hansen said.
In a flash, the merganser took flight with a splash of water. Allan Hansen picked up his Nikon scope, threw it over his shoulder and headed to the car to stake out the next spot.
For more information on the Hernando Audubon Society, visit www.hernandoaudubon.org.
Reporter Tony Marrero can be contacted at 352-544-5286.
Balmy weather keeping migratory cranes in marshesStore owner wants you to go green, buy organic
ARLEEN SPENCELEYAt the Green Bean, the food is free of pesticides and growth hormones.
Published December 27, 2006
SPRING HILL - Joe Lemieux doesn't have a favorite dish. But he's a pickier eater than you'd think.
"A long, long time ago, I asked myself a question," he said. " 'If I had to do it myself, would I kill animals to eat?' "
His answer was no.
And if he wouldn't do it for himself, he wasn't about to partake just because somebody else did it for him.
Acting on his answer to that question didn't just lead to a change of diet. For Lemieux, it led to a change in his life. As a result, he discovered health food stores, coordinated organic co-ops and came to a comfortable conclusion: for him, picky eating isn't just the better choice. It's the healthiest.
Thirty-five years later, that philosophy manifests itself at his store, the Green Bean Organic Market at 11020 Northcliffe Blvd.
"I'm surrounded by what I believe in," said Joe's wife, Eileen, who helps run the store.
"I think it's a commitment to a lifestyle, to stay organic," said Eileen Lemieux, 58. "The more you learn about what our society has done to (conventional) foods," the less you will want to eat them, she said.
Joe Lemieux, also 58, agreed.
"Over the last probably 40 or 50 years, food has changed pretty dramatically," he said.
Those changes include the incorporation of growth hormones, pesticides, herbicides and genetic engineering, which, according to Joe Lemieux, affects much of the food consumers purchase in typical supermarkets.
"Conventional foods have non-natural chemicals put in them so they look pretty, so they last longer, so they can be shipped across the country and still look fresh," Eileen Lemieux said. "And that's not what our bodies are designed to process."
But she and her husband believe they've found a solution in organic eating, and sharing that with shoppers at their organic market is only natural.
"Organic isn't anything to be afraid of," Eileen Lemieux said. "It's without the chemicals that are in conventional foods. This is the way I believe our grandparents ate."
Agneszka Drozdowska shops at the Green Bean frequently, and she wouldn't have it any other way.
"I'm a health-conscious person," she said. "If you want to eat healthy, and you want to get rid of toxins in your body, this is the store."
In addition to the market's organic grocery selection, the store offers the organic versions of other items, including supplements, pet food, makeup and household cleaning products. The market also features a deli, a juice bar, a sandwich bar and smoothies. And for customers interested in more, the Green Bean offers onsite massage therapy, and sponsors a monthly cooking class and a monthly health and wellness class.
"We have knowledgeable people here that can help you," Eileen Lemieux said. "We have people who know about supplements, who know about a vegetarian lifestyle, about a vegan lifestyle, about a raw food lifestyle. We (also) have people who eat meat."
According to Eileen Lemieux, the Green Bean has become the expression of Joe's vision. And Joe's vision has always been to spread the health he's found.
"Our bodies are just absolutely magnificent gifts from God," Joe Lemieux said. "But you have to realize that your body accumulates toxins. We have a society that's very sick, and I think a lot of that can be avoided. The more good things you do for yourself, the more you optimize your opportunities to live healthy."
His wife agreed.
"To me, it's simple," she said. "When you're healthy, life is more fulfilling."
They hosted swanky penthouse parties, owned a $2.3-million waterfront home and declared they would become the biggest developers in America.
But now their company, Sky Development Group, is at the center of a huge real estate fraud investigation that started in Citrus County and could span the globe.
Detectives say they think Natalia and Victor Wolf slipped out of the country in October, leaving behind more than 100 victims and taking more than $20 million from fraudulent transactions.
No charges have been filed. Investigators from the FBI, the Citrus County Sheriff's Office and the North Miami Beach Police Department are building a case and trying to unravel how the deals were done.
For a while, Sky Development Group appeared to be operating legitimately. But problems with the company's land sales started surfacing in October. Investigators say they don't know whether the alleged scam was part of a long-orchestrated plot or a last-ditch attempt to deal with a plummeting real estate market.
One thing is clear: the elaborate scheme fooled retirees, seasoned real estate agents and big companies alike. The list of alleged victims grows daily.
Allegations include claims that Sky Development Group:
¥ Forged deeds and sold more than $1 million worth of property it didn't own in one Citrus County development, Citrus Springs.
¥ Took millions of dollars for land without turning over the property to the buyers.
¥ Referred buyers to a fake title company managed by Natalia Wolf to close land deals.
¥ Took money for new homes it never built or never finished.
"This is just a nightmare. It truly is," said Gail Tierney, a spokeswoman for the Citrus County Sheriff's Office.
Scores of victims are searching for money and answers.
"Everybody believed them. Everybody bought into their scheme," said Alex Hamilton, a Miami real estate agent who sold more than $500,000 of the company's property and bought a lot for himself in Citrus Springs. "We're all trying to figure out how they did this. We're still reeling."
Citrus Springs residents saw the first sign of trouble in August, when the company abruptly left its local office in the community welcome center.
Company officials told investors they planned to move to a new site soon.
But Sky hadn't paid its $9,653 monthly office rent since June, said Sharon Hummerhielm, executive vice president of the Deltona Corp., which owns the building. "We had no idea there was anything fishy," she said.
Detectives say they think Natalia and Victor Wolf are of Russian descent, but they aren't entirely sure. They don't know when the couple came to America, if they came together, how they met or whether they were married.
Investigators know Natalia Wolf used a German passport to enter Germany in October. They don't know how she obtained a German passport. And they can't confirm that anyone named Victor Wolf even exists.
Victor Wolf started Sky Development Group in July 2004, state records show. He resigned as its registered agent in December of that year. Natalia Wolf replaced him.
The company was based in North Miami Beach, but investigators say they think it also started projects in St. Augustine and Palm Coast, and maybe Texas and Arkansas.
Now Sky's North Miami Beach and Citrus County offices are closed.
The company bought 149 lots in Citrus Springs in November 2004 for $2.2 million from the Deltona Corp., the company behind sprawling communities like Spring Hill and Deltona Lakes.
It was Sky's first major purchase in the north Citrus County development, where property values had just started to surge. But it wasn't the last.
Sky later purchased 175 lots from Deltona for $2.4 million. And the company bought and sold more than 1,000 pieces of property in Citrus Springs since 2004, county records show.
Sky aggressively marketed the property for months on Russian-language TV stations and in Russian-language newspapers across the United States. It appears many people who bought property were from the Russian community.
Sky also played a prominent role in Citrus Springs. Employees handed out free hot dogs and hamburgers at picnics in the company parking lot. They joined the Citrus County Chamber of Commerce and the Citrus County Builders Association. At the welcome center they gave away glossy brochures and led free tours for potential buyers.
When payment problems started to pop up, Natalia Wolf said she was struggling to raise a newborn.
"She apologized profusely, saying that things had just gotten past her because she was pregnant," Hummerhielm said. "She was so sorry."
The company still owes Deltona about $3.7 million, Hummerhielm said, and several foreclosure cases are in the works.
Deltona didn't realize the extent of Natalia Wolf's deception until it was too late, Hummerhielm said. "Now we're stuck like everybody else is," she said.
Investigators say it appears most of the land Sky sold was in Citrus Springs, though buyers are scattered across the country. Many lived in South Florida.
That's where Natalia and Victor Wolf frequently hosted lavish parties, making it clear that they had money and planned to make more.
Before the birth of their baby girl several months ago, they celebrated with a shower on a cruise boat near North Miami Beach. More than 100 people enjoyed an open bar, caviar and gourmet desserts, said Peter Madison, an Orlando developer who attended the affair.
"It was extravagant, actually. That's why I never questioned them," Madison said. "They knew how to throw a party. It was a baby shower for the rich and famous."
Less than a month later, Victor Wolf called Madison to tell him times were tough for Sky. He asked for a loan. Instead, Madison agreed to buy 129 lots from Sky for $1.3 million. In October they sealed the deal.
But Sky Development didn't own those lots, according to fraudulent deed notices and lawsuits filed by several lawyers representing clients across Florida.
Madison, who had paid more than $2 million for more than 80 lots from Sky before, said he was shocked by the news.
"They were actually great people to deal with. They actually did what they said, and they were no problem at all," he said. "Then we found out they had disappeared."
In Citrus County, billboards still boast that the developer will provide "The Best Home of Your Life." Sky Development Group owns 345 parcels assessed at $9.4 million, records show. But officials don't know if those deeds are legitimate.
Last month a Citrus sheriff's detective received a complaint claiming that at least one deed transferring property to Sky in 2005 was signed by a dead man.
Tracking down victims could take months or even years, Citrus sheriff's investigators say.
For a while Sky Development Group appeared to be operating legitimately. But problems with the company's land sales started surfacing in October.
Investigators say they don't know whether the alleged scam was part of a long-orchestrated plot or a last-ditch attempt to deal with a plummeting real estate market.
One thing is clear: the elaborate scheme fooled retirees, seasoned real estate agents and big companies alike. The list of alleged victims grows daily.
Levy could be next
In the ' 7 0s , the building of a nuclear plant began a transformation in our county. Commerce grew. Roads expanded. Development surged.
By BARBARA BEHRENDT, Times Staff Writer
Published December 24, 2006
Driving over the Withlacoochee River on U.S. 19 is like stepping over a boundary in time.
"When you go over that bridge, you're not just going into a different county. You're going into a different world," said County Commission Chairman Dennis Damato.
A builder by trade, Damato is constructing a home in the southwest Levy County area and knows firsthand how different things are there.
From the way Levy County regulates land to the way it assigns building inspectors to the way people find one another in the community without benefit of formal addresses, Damato looks at Citrus County's neighbor to the north with a bit of nostalgia.
It's as if he can see a bit of Citrus County's own past, long since swept away by chain stores, franchised restaurants and expanded roads.
With Progress Energy's announce-ment earlier this month that a 3,000-acre parcel in southwest Levy County could be the site of the utility's next nuclear plant, Damato and others expect the same kinds of development in Levy County that followed the construction of the power plants in Citrus.
"It's going to be very, very interesting from every standpoint," Damato said. "It's going to be like reliving what we've already been through. Deja vu all over again just 15 minutes away from downtown Crystal River."
Mixed emotions
When Ed Tolle first arrived in Citrus County in the 1950s, he faced an utterly different landscape than what modern Crystal River residents now know.
There was a narrow, limerock road that ran north and south known as Tallahassee Road long before the modern, multi-lane U.S. 19, and a collection of sparse residential and commercial development long wiped off the map and replaced by modern housing and business.
Tolle, a former Crystal River City Council member and county tax appraiser, remembers the early chatter about getting a nuclear plant.
"There was a lot of mixed emotion," he said. "There was a lot of scare about nuclear power."
But in hindsight, Tolle said the plant has been a positive influence.
"It turned out to be a really good thing for the county economically and financially," he said. "It brought a lot of jobs here and a lot of people. And, as far as I know, no one has died from contamination."
Tolle said the same thing is in store for Levy if the utility builds another plant there.
"Those people ought to be clicking their heels in joy because they'll have a lot of jobs opening up," Tolle said. He added that he saw Citrus as still reaping some of the benefit of another plant nearby with some of the workers building and living on the Citrus side of the river.
The first coal-fired power plant at the Crystal River complex went on line in 1966. A second fired up in 1969. The third unit was the nuclear unit, and it began cranking out the megawatts in 1977. Two other coal plants at the site have been built since then.
Damato, who moved to the area in 1971, remembers hearing stories that, during construction periods, a bank had to be set up at the site of the plant to pay the workers each week.
That was because the one bank in town at the time couldn't make the payroll itself. Now Crystal River has more than 10 banks.
The need for a large workforce had significant impact on the community as well. These were long-term, high-paying jobs.
"It was wild," Damato said. "If you were here then, there was so much to do. There was dancing and there were bands and there was partying going on. It was a whole different time when they did that."
All that extra spendable income was a real shot in Citrus County's economy, he said.
Dixie Hollins sees the same effect in Levy County given what happened in Citrus.
"It's going to create a community up there," said Hollins, whose family sold the utility its land for the Crystal River complex in the 1960s.
The power plant "employed thousands of people, in land preparation, land clearing preparation, concrete, rock, manufacturing, ...all kinds of jobs," Hollins said. "It sprung up new people. It sprung up residents. It sprung up manufacturing. It sprung up commercial. It sprung up all kinds of activities and business. That's what put Citrus County on the map."
Shaping Citrus County
John Stephenson remembers when people who flocked into Crystal River to work an outage at the Crystal River nuclear plant could find nowhere to stay.
They'd fill up the few available rooms at the Plantation Inn, then spill over into campgrounds, rental houses and finally, as a last resort, commutes to far-away places such as Ocala to find housing.
A 32-year resident of the area, Stephenson went to work for Florida Power 24 years ago and currently works as Progress Energy's supervisor of emergency preparedness.
While he has watched the influx of new people in the area drive the development of nearby shopping, growing housing and a modernizing community, he said that is not the big thing he has seen the utility bring to the Citrus community.
"I think the people have had a huge impact as well," he said.
They have formed the sports leagues, the churches, the community groups and even served on the public commissions and boards that have shaped Citrus County into what it is today.
Stephenson himself served on the first advisory board for the Citrus Springs Elementary School and helped to start the Seven Rivers Christian School.
"In the old Florida Power days and since Progress Energy, they have always been very encouraging for us to get involved in our community," he said. "That's the major impact I've seen over the years."
From his work in emergency preparedness, he also said that the presence of the nuclear plant has also been a boon for overall emergency readiness for both Citrus and Levy counties.
The utility contributed to a variety of projects helping locals in case of an emergency, ranging from the reverse 911 program to a radio transmitting system to warn boaters.
Beyond that, the year-round work done to be prepared in case of a nuclear event translates into better preparedness for any kind of emergency.
Stephenson said that when the Federal Emergency Management Agency wanted to test some new process, they recently picked the Citrus and Levy area for the trial because the area is so prepared.
While Stephenson said he understands that there will be people in Levy who are just as opposed to change as some in Citrus were years ago, he said the presence of Progress Energy will benefit Levy residents and their children for generations to come.
"There are things they will absolutely want to see, like better equipped classrooms for their students," he said.
Key choices ahead
People power aside, the one tangible impact of a new nuclear power plant comes down to tax dollars.
In Citrus County, Progress Energy's tax bill this year ran $27-million, meaning that the utility paid 15 percent of the county's overall property tax burden.
Important choices lie ahead for the people of Levy County, according to Gary Maidhof, Citrus County's Development Services director.
"To me the big key here is that because of the significant increase in tax base, they need to channel that money into the improvements and infrastructure," he said.
That is a significant advantage, because many communities in Florida had to build that infrastructure, the roads and utilities, long after the need was already dire.
"Because of the workforce associated with the construction and operation of a nuclear plant, there will be a change in their culture," Maidhof said.
"They're going to desire and demand certain changes," he said. "They're going to want cultural amenities, the best schools, paved roads, cable television and high-speed internet."
In a county that does not have a complete addressing system and just recently stirred up public excitement because a cell phone tower had been added, Levy has a ways to go to meet those higher-end needs.
One of Avis Craig's first tasks when she became Citrus County's development director in 1983 was to establish street names and addresses in a county full of rural routes.
Subdivision rules had just been put into place. Crystal River still had just three traffic signals.
Now a representative for Citrus Hills, Craig said Citrus made some wise decisions from the beginning. They pulled developers and environmentalists together to talk about the future and strike a balance.
Levy County's future will depend on how its leadership views the newest developments and how it acts.
In Citrus County, special zoning was created for the utility's site and major power corridors were mapped out. Levy County could have to go through that process as well.
The county will also have to answer needs of the existing road system, solid waste management and other land use questions, Maidhof said.
Then there is the utility's major hurdles, including gauging the environmental impact of using the water from the Barge Canal to cool, the public's acceptance of the idea and engineering a way to make it happen.
One thing the utility will also face that it didn't in Crystal River is Florida's Growth Management Act, which is "much more sophisticated and regulatory" than what was in place before.
Because of all the hurdles, Maidhof said he would not be at all surprised if Progress Energy eventually turns back to the Citrus power plant site for its new nuclear reactor. Gaining all the necessary permissions is just a huge undertaking in today's regulatory scheme. "It's a long way from pouring the drink to getting it to your lips and drinking it," he said.
Other growth in Levy
Levy County Commission Chairwoman Nancy Bell sees the utility's interest in Levy as just the latest in major events aiming her community toward an unprecedented period of growth and development.
Central Florida Community College in November accepted the donation of a 15.4-acre parcel of property just north of Chiefland for the future development of a branch campus.
In addition, Bell said that the Levy community was hoping a health care firm would win state approval for a new hospital in Chiefland. That bid was turned down, but an appeal is planned.
To prepare for the major decisions ahead, Bell and others were arranging a chance to tour the Crystal River nuclear plant and were hoping to visit another plant built by Progress Energy in North Carolina.
The utility's CEO Jeff Lyash told her "they had actually maintained that small rural atmosphere, even with the plant being there" in that North Carolina community.
Bell has also visited Citrus County, talking to some of the people who drew up the community's original comprehensive growth plan and seeing how Citrus County has been building out.
She is hoping those lessons serve her well with the with significant work ahead. "That's going to be our challenge now, to work with our planners, our comprehensive plan so that we don't lose the rural flavor as much as possible, and it's going to take a lot of work," Bell said.
"It's going to be a time of a lot of introspective planning, a lot of visionary planning for the future."
Staff writer Catherine E. Shoichet contributed to this report. Barbara Behrendt can be reached at 564-3621 or behrendt@sptimes.com.
The business community joins the cry.
Business owners are also seeing dramatically higher property insurance costs, the increases coming for them and homeowners because, according to the insurance industry, insurers were swamped after eight destructive hurricanes hit Florida in 2004 and 2005.
If the crisis is not stemmed, and home and business owners forego coverage or greatly reduce it, the crisis will have a ripple effect, actually more like a tsumani, on the entire Florida economy.
"If (the crisis) isn't solved," says Marianna bank consultant Chuck Morgan, "the financing of Florida will stop, because the financial institutions require insurance for a mortgage, and if people can't get insurance, then they can't get loans."
For those who already have loans, their mortgage payments will climb to cover the amount needed in escrow for insurance. Those whose properties are paid off will have to come up with another bundle of dollars.
The public outrage is so great that some reforms are sure to be made in a special legislative session in January. A special committee was formed to come up with recommendations, and various legislative committees have been charged to work on the issue.
The hope is to have a bill ready for discussion when the Legislature meets.
The crux of matter is this: Should there be adherence to a free market and limited state regulation? Or more state involvement to bring property owners relief? Or something in between?
Risk exposure
Gov.-elect Charlie Crist calls the rate increases "horrific" and does not sympathize with insurers because he says they've had "profits ... like I've never seen before ? $50 to $60 billion profits this year."
He says he's done a lot in the area of consumer advocacy as attorney general, working with utilities and phone companies, and will continue to fight for the people on insurance "because they need and deserve relief."
But Sam Miller, executive vice president of the Florida Insurance Council, an industry trade group, says insurers cannot continue without help.
He says Florida would have to remain hurricane-free through 2009 for the industry to break even, and the problem would be worse were it not for the Citizens Property Insurance Corp., which insures those who can't get insurance anywhere else, and the Florida Hurricane Catastrophe Fund.
Rep. Don Brown (R-DeFuniak Springs), who has Jackson County in his district, says years of calm hurricane seasons kept insurance rates artificially low, "and insurers did not have a sufficient reserve when it was needed."
In the insurance business himself for 30 years, he says Florida "remains a money-losing proposition for most home insurers, with "small profits in most years and enormous losses in others.
"They did make record profits (recently), but they're still in a deep, deep hole."
He says the reality is, "We thought 2005 was the worst year for catastrophe, but the worst is yet to come."
Though 2006 was an exception, he says, "We're in a multi-decadal cycle of storms forming off the coast of Africa, which could last through 2030."
He notes as facts: Seven of the 10 most expensive hurricanes hit Florida in the 14 months between August 2004 and October 2005; nine of the 10 had some effect on Florida; the amount Andrew cost would be about double today; on the coast there is nearly $2 trillion worth of insured property exposed, $1 trillion worth residential; and nearly 80 percent of Florida's total insured exposure is coastal, more than any other state.
And, he says, though some home and business owners are leaving or threatening to leave because of sky-high property insurance costs, new residents are still coming, and many want to live on the beach, "so the risk exposure is growing.
"And whenever you have risk, you have to calculate and quantify it," hence hikes in property insurance rates, he says.
Still, he's working hard toward solutions to the industry's attempts to catch up and believes some people are treated unfairly.
For example, now every homeowner in the state pays into Citizens even if they have insurance with a private carrier. So all homeowners are helping to pay the insurance for those who can't get coverage elsewhere, primarily because they're in a high-risk zone.
"I don't like that, and I'm going to try to change it," Brown says. "If you're not insured by Citizens, you're going to be giving a Christmas present this year to those who are."
Shared responsibility
Brown maintains the state must be very careful regulating the insurance industry and that over-regulation has contributed to the current problems.
"The two worst things a government can do are over-taxation and over-regulation" he says, "and the latter is worse because it's hard to follow," to find out who did what, where and when.
He says there is an appropriate role for government in managing catastrophic risk, but it can't do it all.
Rep. Marti Coley (R-Marianna) generally agrees.
"I don't think the government should or can be the answer to every problem. But when you have as many citizens suffering as there are now, you have to do something."
Brown has developed "10 guiding principles" for hurricane crisis reform (see previous reports in this series), and short-term, intermediate and long-term solutions.
His Principle No. 8 is that "the Legislature should act "cautiously" and "judiciously" if it changes the structure of the CAT fund, because it affects the private sector and has the "very real potential to adversely impact Floridians through greater exposure to taxes (or assessments)."
Among the "guideposts" he lists are that any expansion of the CAT fund should be available to all participating insurers and that it should be only a temporary solution, from one to three years.
His Principle No. 9 is one that any taxpayer should like: Policy solutions should come in a comprehensive form but one an ordinary citizen can understand. That would include, he says, what citizens' responsibilities are, what the responsibilities of the insurance company are, and what the government is going to do.
"There must be a sense of responsibility to solve the hurricane crisis," he says. "Policyholders, builders, insurance agents, insurance companies, citizens, lenders, real estate professionals, governments at all levels, tourism officials and others must share in the solution."
His Principle No. 10 is that reducing taxes for homeowners allows them, and not the government, to decide how to spend their money in insuring and protecting their homes.
"Non-insurance remedies, such as property tax relief, should be considered as alternatives that can reduce the cost of owning a home in Florida," he says.
Long-term solutions, he believes, should accomplish:
? Growth management ? limiting coastline development;
? Improving building codes;
? A mitigation program expanded and funded to the point that within 10 years or less, 2 million homes built to an inferior wind code can be inspected and hardened where practical;
? Raising public awareness of risk, with mandatory risk disclosure in residential real estate transactions.
Reducing the cost is imperative, the bulk of homeowners are saying, because if they can't afford a home, Florida's good characteristics ? climate, education, jobs, wages, low unemployment and low taxes ? won't make up for it.
(Media General News Service and The Associated Press contributed to this report.)
SHE VOTES HER PASSION
New Polk County Commissioner Jean Reed vows to keep a watchful eye on growth.
Amy L. EdwardsSentinel Staff Writer
December 24, 2006
Polk County Commissioner Jean Reed has been in office just one month and already she's voting her convictions on growth.
Earlier this month, Reed voted to deny a developer's request to build a 2,200-home community near Lake Hatchineha and close to a state park in east Polk County.
After several hours of testimony from area residents opposing the community and the attorney representing the developer, two commissioners moved to approve the project.
But Reed spoke up against the development and Commissioners Randy Wilkinson and Bob English followed with similar opinions.
Shortly after, the two commissioners who initially moved to approve the development changed their motions to coincide with the opinions of the other three board members.
At the end of the evening, the project was denied in a unanimous vote.
Reed, the executive director of Citizens for Proper Planning who was elected to the commission in November, said she feels good about her decision to deny the development.
"I'm not saying I'm going to vote against every issue," Reed, 59, said. "That one was clearly in the wrong place at the wrong time."
As she was during that board meeting Dec. 6, Reed said she hopes to be a unifier on the commission, known in recent years for its 4-to-1 decisions, with Wilkinson frequently casting the lone dissenting vote.
"What surprised me was that it was denied 5-to-nothing," Reed said.
Reed said she empathizes with the residents who come to speak before the board, because she has done it so often.
Wilkinson said he admires Reed not just for speaking out against the proposed development near Lake Hatchineha, but for her input on all growth issues.
"Jean has certainly been an outspoken bulldog in growth-related issues for a long time," Wilkinson said. "I admire Jean for that, and in particular for the fact that she would have kept that up whether she had been elected or not. She has a genuine burning passion, and maybe now we can get some of the measures like water-wise landscaping ordinances for new developments."
Reed, the only woman and lone Democrat on the commission, said she hopes she'll bring diversity to the board that has been lacking in recent years.
She still hears the occasional "thank you, gentlemen," when people are addressing the commission.
Ralph Reed, the commissioner's husband of more than 30 years, said he thinks having a woman on the board will help the commission's tone.
"She's a strong woman. She's not afraid to speak her mind. I think that's what the voters saw when they elected her," Ralph Reed said.
"We'll all benefit from her being on there."
Amy L. Edwards can be reached at aledwards@orlandosentinel.com or 863-422-3395.
Bush spent billions on
environment Cave diver Wes Skiles of High Springs said he's become depressed at
times during the past 30 years as he's watched water quality decline in
Florida's springs across the state.
Government agencies, he said, refused to curb pollution threats to
groundwater and springs. But he also said he's sensed a shift in recent
years under Gov. Jeb Bush in favor of the environment.
In the past, "We never won any battles," Skiles said.
"In the last few years, we have started winning battles."
Skiles also said he wishes Bush would remain governor to protect the
environment. Some environmentalists agree the governor has done a good
job, but some say they're glad to see Bush go.
Bush himself said that in the face of continued growth, he's helped
Florida by putting money toward environmental protection.
He's requested $300 million a year to continue the state's
conservation land-buying program. He directed the state to protect
springs and groundwater along the Wekiva River in Central Florida from
septic tanks and development.
Bush also says he got the Everglades case out of the courts and
heading toward restoration with spending $2 billion to accelerate the
clean-up of pollution flowing into the famed "river of grass."
He also requested $2.5 million a year since 2001 for springs research
and protection at the Florida Department of Environmental Protection.
"It's one thing to do the photo-op stuff," Bush said.
"That's really easy, and politicians in varying degrees are pretty
good at that. Another thing is to make a commitment in terms of
money."
Skiles, a documentary film producer and member of DEP's Florida
Springs Task Force, said the state spending on research provided the
science needed to persuade governments - including the city of
Tallahassee - to take action to protect groundwater.
The city announced this week it will spend $160 million to clean up
its wastewater to settle a state permit challenge.
"I can't tell you how happy that makes me," Skiles said.
Bush likewise earns high marks from Eric Draper, deputy director of
Audubon of Florida. He credits Bush for the state spending on the
Everglades and other conservation lands, including $310 million to help
buy almost 74,000 acres of Babcock Ranch near Fort Myers.
"There is no arguing with the amount of money that's been
spent," Draper said.
Charles Pattison, executive director of 1000 Friends of Florida, said
there have been pluses and minuses for growth management under Bush.
He credited Bush for the land-buying but said the state could do more
to guide growth away from sensitive areas, such as the coasts.
"We could have tougher controls on sprawl," Pattison said.
Some other environmentalists are even more critical.
The environment was never high on Bush's priority list, said Betsy
Taylor, chairwoman of the Sierra Club's Florida chapter.
"I think he never met a developer he didn't like," she
said.
And Linda Young, director of the Clean Water Network of Florida, said
Bush's anti-government agenda led to a weakening of state pollution
regulations and permitting in favor of polluting industries.
"It has taken citizens taking legal action in one form or
another to force the state to do what (DEP officials) should be
doing," Young said.
DEP Secretary Colleen Castille responds that Florida has used its
permitting power to require industries to reduce pollution.
"That's where the rubber meets the road," Castille said.
Wade Hopping, a Tallahassee attorney and lobbyist who has represented
industry and boating manufacturers, said some environmentalists just
don't like the rules that DEP has to use to issue permits.
Bush, Hopping said, was fortunate to have some healthy revenues that
allowed the state to spend money on the Everglades and land acquisition.
"He was persistent, insistent and used the power of his office
to ensure when he was going to do Everglades cleanup, he would fund
it," Hopping said.
Bush himself said he doesn't need to respond to the critics.
"It's a free country," he said. "Nothing I could say
would change anybody's criticism."
Money spent
Some are critical
As rain comes, recent dry months threaten lasting effects
It's been a dry year, a very dry year. To date, the area has received only two-thirds of the usual average rainfall.
Heavy showers are expected this evening and into Christmas morning, but this soaking isn't expected to have an impact on the long-term conditions.
"You really need a pattern change (with more frequent rainfall) to make a dent in the long-term picture," said Bryan Mroczka, a meteorologist at the National Weather Service in Tallahassee.
And despite signs that the next four months will be unusually wet, the effects of 2006 - from increased wildfire risks to reduced crop yields - could linger well into 2007.
"The stream levels are down and we sure could use some rain," said Paul Duval, the meteorologist in charge at the National Weather Service in Tallahassee. "Anything related to forestry and agriculture is a big concern when you're in this sort of long-term drought."
Rainfall is measured at the airport. As of Saturday, only 42.8 inches had fallen - almost 20 inches less than the 30-year average of 61.91 inches recorded between 1971 and 2000.
All but three months saw below-average rainfall, with March and December registering less than an inch.
That's bad news for some farmers, said Les Harrison, the county's agricultural extension agent.
"One of the most striking features right now is that farmers were unable to produce much hay this year for cattle," Harrison said. "Potentially, it could economically distress further the producers that are here locally."
As of 2002, there were 87 cattle farms in Leon County, according to the agricultural census.
Low rainfall can cause hardships for other local crops, Harrison said, from Christmas trees to Leon County watermelons to Gadsden County tomatoes. Most of those crops' growers rely on irrigation, he said, so the drought shouldn't have much effect.
And it could get better soon, Duval said, thanks to activity by El Nino, which refers to the warming, by a few degrees, of currents in the Pacific Ocean.
"A lot depends on what happens during the winter," Harrison
said. "I'd really like to see some rainfall, truthfully."
"This is a positive thing," Polk County Utilities Director Greg Boettcher told county commissioners last week before the vote to approve the agreement.
For Polk County the agreement allows the county to increase its permitted water use from a well on the east side of Four Corners within South Florida's boundary.
Meanwhile, Polk officials also are seeking a new permit from the Southwest Florida Water Management District for its wells in the area around Interstate 4 and U.S. 27 in the western portion of Four Corners.
That action comes after resolving a regulatory dispute with Swiftmud involving overpumping that occurred a few years ago.
Boettcher said he hopes to have approval of both permits by March.
He said the cooperative agreement advances Polk's efforts to obtain enough water to supply its growth needs in the area.
"We're better off together than alone," he told commissioners during a work session last week, explaining cooperation eliminates legal disputes that can arise when more than one utility or business seeks water from the same source.
Boettcher said the partnership also saves the county money.
He said the agreement allows Polk County to pay $29,000 to have access to a model that a private consultant working for Orange County developed that projects how water permits will affect the aquifer. If the county had to develop its own model, it would have cost more than $100,000, Boettcher said.
Commission Chairman Bob English asked if the additional water the county is seeking will be enough.
"Is it already spoken for?" English asked.
Boettcher said the permits will end the supply crunch that has plagued the area because of a building boom. "We will be ahead of demand, but we will have managed commitments," he said, explaining officials want to avoid promising to supply water to new developments that don't materialize, which ties up water supplies needed for actual demand there.
The agreement commissioners approved Wednesday involves Polk County, St. Cloud, the Tohopekaliga Water Authority, the Reedy Creek Improvement District and Orange County.
Approval of the agreement defuses a controversy that began earlier this year over Orange County's application for a water permit from the St. Johns River Water Management District that was challenged by Polk and other adjacent utilities as well as by the South Florida Water Management District. The basis of the challenge was a concern Orange County's groundwater withdrawals could affect the ability of surrounding utilities to obtain adequate water and could damage the environment.
Under an agreement worked out last fall among the Southwest Florida, South Florida and St. Johns River water management districts, a framework has been put in place to allocate water use among various utilities through 2013.
After 2013, utilities will be expected to rely more heavily on alternative water sources such as surface reservoirs, conservation and reuse of treated sewer effluent.
Tom Palmer can be reached at tom.palmer@theledger.com or 863-802-7535.
Did Martin overpay for marsh plots?
Palm Beach Post Staff Writer
Sunday, December 24, 2006
STUART — For years, Martin County officials have been trying to buy up hundreds of marshy lots belonging to private owners in the southern portion of the county known as Pal-Mar to preserve habitat and clean up storm water.
But Martin County Commissioner Sarah Heard said she thinks the county got the bad end of the deal when it bought a large section of Pal-Mar from a group of landowners two weeks ago.
Officials purchased 69 lots totaling 46.25 acres in the northern part of Pal-Mar known as the "chimney" section from the Palm Beach Heights Landowners Coalition, a group of small-lot owners who are represented by president Robert Berman.
According to property records, the county paid about $240,000 for the land. Berman said that including closing costs and commissions for real estate agents such as him, the county actually paid about $375,000. But Don Cole, the county's real property manager, denied Berman's quoted price.
Regardless, Heard said either of those amounts is far too high for the soggy land, which she said has no chance of being developed.
"Berman and his group are jacking up the prices," Heard said. "If Martin County says these lots are undevelopable, then why are we paying so much? Don't we set the land values with our policies?"
Berman, who said his group owns another 5,000 acres in Martin County and about 300 acres in Palm Beach County, denied that he was doing anything to raise prices or take advantage of the county.
"I honestly thought I was helping the county out by doing that. I've been selling to them at 40 to 50 percent of the true value of the land," Berman said. "It's not me driving up the prices, it's just the value of the land."
The Pal-Mar region covers 22,000 acres, which is divided into thousands of lots in Palm Beach and Martin counties.
Many of the lots were sold to private landowners who have sought ways to build on the wetlands, despite the fact that the land is submerged much of the year and has no roads or utility lines.
State officials say the land could help clean up storm water and help the Loxahatchee River, if it is preserved as a wetland.
"It's basically a great storage shed for cleaning and releasing water," former Martin County Commissioner Maggy Hurchalla said.
Various governmental agencies including Martin County have bought about 18,000 acres from the private owners.
Martin County Commission Chairman Michael DiTerlizzi said the county set aside the money to buy the land from Berman's group after the purchase of a piece of scrub habitat in Hobe Sound known as the Hamm parcel fell through earlier this year.
The county property appraiser appraised the value of all of the property purchased at about $99,000 at the beginning of 2006. But land sales to the county require two private appraisals. Cole said those appraisals showed that the market value was closer to what the county paid.
Mike Fribourg, with the county appraisers office, said appraisals for tax purposes tend to be much lower than private appraisals done for purposes of a sale.
Some believe the county got a fair price on the deal.
DiTerlizzi said speculators have been buying up land in the Pal-Mar region recently hoping they could find some way to develop there, and the prices they are paying are driving up the appraised values and sales prices for everybody.
"We go to somebody and offer $300 an acre and they say $5,000 an acre. We say $1,000 and acre and they say $5,000 an acre. Little do they know it's under three feet of water, but what can we do?" DiTerlizzi said. "It is what it is and it's all a product of the market."
Hurchalla also said that the county's price wasn't too bad, and that the county has an obligation to pay fair market value to people for their land.
"The county should not be in a position to make deals; otherwise, they can take grandma's land," Hurchalla said.
The purchase price shows governments need to dedicate more money to buying conservation property, she said.
"Florida needs to double the amount it spends on environmental land. It needs to be faced up to by the environmental community that it's a fact of life the value of land is going up."
Heard said she thinks that idea could be a double-edged sword by encouraging landowners to ask for more money.
"Maybe the reason they think they can get so much is that they think we are flush with money," she said.
Martin County voters passed a half-cent sales tax earlier this year dedicated to building parks and buying land for conservation.
DiTerlizzi said he wants the county to set aside $1 million to $5 million of that tax revenue to buy the rest of Pal-Mar land as fast as possible to prevent speculating and price hiking.
"It has tremendous environmental value, and we are all committed to buying Pal-Mar, let's put it to bed," DiTerlizzi said.
Staff Writer Hector Florin contributed to this story.
Swampland flips bring state fine, refund order
Palm Beach Post Staff Writer
Sunday, December 24, 2006
Two groups that bought dozens of parcels of northern Palm Beach County swampland and flipped them for huge profits have been fined by the state for not having registered to sell land.
The results of the more than yearlong investigation, conducted by the Florida Department of Business and Professional Regulation's Division of Land Sales, also required the groups to offer refunds to most buyers, which a handful accepted.
Despite the penalties lobbed at the Palm Beach Heights Landowners Coalition and Boca Raton-based software company Win-Win Technologies - more than $50,000, including the cost of the state's investigation - the groups plan to continue their real estate activity thanks to a loophole in state law.
And so continues the tug-of-war between many private landowners with sights on building on the sensitive land, spread over 700 acres northeast of the Beeline Highway and Indiantown Road intersection, and governmental bodies that have resisted development in the area. It's a story that has repeated itself for nearly 40 years.
Several county departments last year notified property owners that development would be nearly impossible because of numerous land regulations and the land's sensitive nature.
The county has also expressed concerns that unknowing speculators are dumping tens of thousands of dollars on acre-sized lots that may never be developed. The two groups scoff at that contention.
"There never was a complaint from a consumer," said Robert Berman, president of the landowners coalition, of the state's investigation.
Berman's coalition has participated in more than 60 sales in Palm Beach County since 2003 and insists one day the land will be developed, unless governments choose to buy the land. He said his not complying with state law was "unintentional."
According to the state, the coalition violated three laws - not being registered to sell land; not having the state approve his disclosure statements to buyers; and signing contracts to sell the land.
In all, the state found 42 violations on each of the three counts on land sold for under $50,000. The $1.26 million fine was knocked down to $45,000 as part of a pre-hearing settlement.
County clerk and property appraiser records show eight buyers accepted refunds from Berman's coalition in November. Some of the refunds covered only the mortgage payments that Berman financed, and others received the full sale price. Those buyers either refused comment or could not be reached.
Win-Win Technologies was cited for not registering with the state on 11 transactions. The company agreed to pay a $10,000 fine as part of the settlement, down from the $111,000 originally proposed. No buyers have sought refunds, according to county records.
While the investigation on Palm Beach Heights concluded in August, and Win-Win's in October, the state did not tell the county until this month that it had been completed.
"That's unfortunate because that kind of thing needs to be spread wide," said Richard Walesky, director of the county's Environmental Resources Management Department.
The flurry of activity, and soaring land prices, started in 2004, soon after the announcement that The Scripps Research Institute would be built a few miles south on Mecca Farms.
In May of that year, for example, Win-Win bought two 1.3-acre lots at county tax auctions for about $7,200 each.
Seven months later, the company sold each parcel for $52,000 to a Broward County woman.
More than 100 people, many of Haitian and Caribbean descent living in Broward and Palm Beach counties, have followed suit. Several told county attorneys last year that they believed the land could easily be developed, even though they couldn't access it because of a lack of roads.
A county employee informed the state about the real estate activity last year, which triggered the investigation. Of note was the number of transactions that took place, said Michael Cochran, director of the state's Division of Land Sales.
Land speculation in this area, known as Pal-Mar, goes back to the 1960s, when a Miami company attracted northerners to buy a piece of raw Florida land for a development to be known as Rotunda.
Lawsuits and the adoption of county growth plans stopped any potential development. Property records show dozens of out-of-town buyers, from Georgia to Oregon and Canada to Norway, still own the acre-sized lots they bought in the 1970s and 1980s for $4,800 to $9,500 a pop.
Palm Beach and Martin counties, the South Florida Water Management District and a state trustee fund have since gobbled up thousands of acres for preservation.
Representatives from the two counties and the water district sit on the five-member Pal-Mar Water Control District board, which has the power to approve drainage plans in the area. For more than a year the district has sought to dissolve itself and canals were dug decades ago on only a small portion of the land.
Berman and his coalition still own a handful of parcels in Palm Beach County, but own thousands of them in Martin, where he has periodically sold them to the county. Earlier this month he sold 69 parcels to Martin County for about $240,000, clerk records show.
Palm Beach County has had a tougher time buying land because of the jump in prices.
When Berman informed buyers of their ability to seek refunds, he mentioned the county's "alleged" development restrictions and that its attempts "to interfere with your purchase and use of your lot are driven by their own attempt to drive down the price of lots in this subdivision that they wish to purchase."
He said he won't register with the state's land sales division. By selling each individual parcel for at least $50,000, Berman can qualify for an exemption to state statute 498, as the law's intent is to protect the little guy.
The statute, which covers land sales practices, also includes an exemption from registering with the state when land is sold to a government.
"Single sales with a purchase price of $50,000 are exempt from the registration requirement," said Meg Shannon, spokeswoman for the state's Department of Business and Professional Regulation.
Recently, a group of new landowners has formed with the goal to create a drainage plan for their land to present to the Pal-Mar water district. Members share costs for legal fees based on how much land they own, said Alexy Blot, who bought 1.3 acres in 2005 for $33,000.
"We are making headway," he said. "We are organized."
Rainbow Springs group readies for court showdown
By Jim HunterSome property owners in the Rainbow Springs communities near Dunnellon have organized themselves to oppose proposed road resurfacing assessments for the subdivision.
The new group, Fund All Roads Equitably (FARE), contends that the county, which has accepted the roads and which owns them, is by state statute responsible for resurfacing them. FARE said it would sue if the county tries to approve a special taxing district for Rainbow Springs to pay for the resurfacing rather than resurfacing the roads itself.
The group said in a press release that it had retained the law firm of Bennett & Bennett for legal action in the new year.
Marion County officials say they have not and do not resurface roads in subdivisions. The county will repair potholes and shoulders, but will not do work, such as resurfacing, beyond that kind of maintenance.
County officials say that the county has never done such work and will not use property taxes to resurface streets in subdivisions unless the road is considered a major thoroughfare serving the general public.
The county has set up a special taxing district plan for subdivisions to tax themselves for resurfacing, and that’s what the Rainbow Springs Homeowners Association was going to do.
Some residents protested, however, saying that not only was it illegal for the county not to resurface the road and force the community into using a Municipal Service Benefit Unit (MSBU) to pay for the work, but that a decision by the homeowners association to use the MSBU so was illegal because it didn’t poll the homeowners first.
As to the county policy issue, a press release from FARE last week said of the county’s policy on road resurfacing: “The exclusion is without legal authority and is based solely on the grounds that the county cannot afford it. Homeowners in subdivisions pay the same taxes as other citizens in Marion County and are entitled to the same or equal services rendered by the county to all other citizens.
“This action by the county commissioners amounts to unconstitutional discrimination and will not go unchallenged,” the release said.
The county attorney has contended that there is nothing in the state’s statutes to force the county to resurface the roads and noted that the county has specifically defined maintenance as not including resurfacing or rebuilding roads.
Commission Jim Payton, who represents the Rainbow Springs area, said FARE could certainly spend its money on a suit, but that it’s being ill advised. “Good luck. It’s been challenged all over the state. I doubt that they’d win. It’s tried and tested,” he said.
“Here’s the thing,” he said. “There are thousands of miles of roads in Marion County that are substandard,” he said, adding that the county simply couldn’t pave them all even if it wanted to. The county already has a list of roads in its capital improvement program that it can’t fund, not to mention all the others like those in Rainbow Springs.
The MSBU route is the way dozens of communities have resurfaced their roads he said. “That’s the way it’s done, and it has served us well,” he said.
FARE member Louis Benza, a retired New York State Supreme Court Judge, said that his group expects the MSBU issue to come before the commission in March or April. But even if it does not get approved or come up, he said, the group has raised the money go ahead to seek a declaratory judgment on the county policy.
As to the county’s claim that the issue has been settled in court, Benza said that was interesting because, as he put it, “We can’t find it. Our lawyer can’t find it.”
He said the state statute on the issue is very clear. “They have to provide a county road system and have to maintain it. He added, “The statute defines what maintenance is and that include repaving.”
“I don’t know how they think they can get around it.” He said. “I think I know how to read a statute.”
Representatives from the homeowners association could not be reached for comment.
Housing boom now a whimper
Prices are starting to come down because labor costs are falling, but a turnaround may be 12 months off.
By DAN DEWITT
Published December 24, 2006
"We were actually crazy," said Dan Richard, the broker/owner of Exit-Success Realty. "It seemed like it was almost out of control, people flipping houses. It's much slower now."
That, of course, is the big story of 2006, the slowing of the housing market, though by some accounts those terms don't begin to describe it.
"This thing has almost collapsed," Per Berglund, a senior economist with Moody's Economy.com said in November.
The most telling statistic documenting this reversal is the number of permits the county's Development Department issued for construction of new homes. That dropped from 4,185 in 2005, a record high, to 2,765 through Dec. 19 of this year, with a much more pronounced decline in recent months.
But people in the business of building and selling homes don't need to see those numbers to know how things have changed. They can tell by the way they go about their jobs.
In 2006, Realtors said, they had to put much more time and money into each sale - carefully studying sales of comparable properties before setting prices, buying Internet and print advertisements, arranging open houses, and consoling disappointed sellers as their houses remained on the market for months.
Some home builders said the dip in sales at first made their jobs easier. All of them suffered from shortages of labor and materials when demand peaked in 2004 and early 2005, and for some the shortages contributed to serious problems.
Most notably, Steve Bartlett, owner of Coral Bay Construction Inc., blamed those factors when he filed for Chapter 11 bankruptcy protection in May. He was later charged with defrauding clients.
As the pace of building slackened in late 2005, builders had an easier time finding materials and workers to complete jobs. Then, toward the end of 2006, said Mark Vallery, owner of Vallery Custom Homes of Clermont, subcontractors' prices began to drop substantially because they needed work.
"Basically, they don't have anything to do, as opposed to two years ago when we had to beg them and offer them bonuses to get any work done," said Vallery, one of the builders in Brooksville's Southern Hills Plantation Club; he also has plans for a smaller development with homes designed to fit the character of a historic neighborhood north of downtown Brooksville.
The reduced labor costs mean that, finally, the prices of homes have started to drop. The least expensive houses he sells in Southern Hills, called cottages, have recently been repriced at $298,900, down from $350,000. Vallery, whose sales in 2006 dropped 70 percent from 2005, said he has reduced the prices of other homes in the golf course development by a full 20 percent.
One of the curiosities of the market has been that, for many months, prices refused to drop along with demand.
Berglund said the peak month for sales in the Tampa Bay area, which includes Hernando, was May 2005, when more than 5,482 homes changed hands.
Demand for new homes remained strong for several more months, by most accounts, and because of the lag time in applying for and reviewing permits the real slowdown in the number of county building permits issued did not show up until June of this year.
The county issued 207 permits that month, down from the high of 495 in December 2005; that compared with 71 issued through the first three weeks of this month.
June was also the first month analysts detected any drop in sales prices, Berglund said, though according to the Hernando County Association of Realtors, the average sale price of a house in 2006 was $205,177, about $15,000 higher than the year before.
But the average time each house stayed on the market increased by nearly a month this year, and sellers had to cut an average of nearly $10,000 from their asking prices to find buyers.
That backs up one of Richard's impressions: that sellers, when they set their prices, had a hard time accepting the new realities of the market.
"You hear some people say, 'My neighbor sold his for this much a year and a half ago, and I have the exact same house,' " said Richard, who said sales in his offices declined 30 percent this year. "We have to tell them, well, that was a year and a half ago. ... That's not working anymore."
If the slow market had an upside, it made sellers appreciate intelligent pricing and other services provided by skilled, experienced Realtors, said Jeanne Gavish, a broker who lives in Hernando but who opened an office in Land O'Lakes this year.
"We're relevant again," she said in November.
At the time, she said, she expected the market to turn around after the new year. Richard and Vallery say it will take longer - maybe until late in 2007 or early 2008.
"That's what our crystal ball is telling us," Vallery said.
The news wasn't all bad for the construction industry, said Dudley Hampton Jr., president of BJH Construction in Ridge Manor and vice president of the Hernando Builders Association.
Demand for commercial builders and remodeling - his specialty - has remained strong.
"I actually had a better year this year than in 2005," Hampton said.
Instead of trading up to a new house, he said, more homeowners "were thinking, 'Hey, I think I'll hang on to this house instead and maybe put a little addition on it.' "
Dan DeWitt can be reached at dewitt@sptimes.com or 352 754-6116.
Fast Facts: Source: Hernando County Development Department
Telling numbers
The number of permits issued for new home construction in Hernando County:
2005: 4,185
2006: 2,765*
* through Dec. 19.
*Officials Delay Review Of New Wiregrass Houses, Mall
Published: Dec 24, 2006
WESLEY CHAPEL - County officials have delayed consideration of a major development at Wiregrass Ranch until late January to work out final details.
Joel Tew, an attorney for the Porter family, which owns the 5,100 acres in south-central Pasco, said it is imperative the plan is considered soon. Otherwise, developers of a lifestyle center, or open-air mall, could lose tenants that have committed to come there.
"We need some incentive to move forward," Tew told county commissioners last week. "It is critical to the project that we show progress, or we will lose the tenants."
County planners had suggested delaying review of the plan, which includes 13,500 houses, until March, after the state Department of Community Affairs had an opportunity to look at it.
The Shops at Wiregrass, an 800,000-square-foot retail complex at State Road 56 and Bruce B. Downs Boulevard, is slated to open next year. Currently, just one anchor store, JCPenney, is open.
The Tampa Bay Regional Planning Council recently signed off on the plans after several false starts.
Tew said he would be willing to accept approval by the county commission with the condition that the state agrees with the plans.
"This is the largest [development of regional impact] project, not just in Pasco County but in the history of the Tampa Bay Regional Planning Council," Tew said.
County Attorney Robert Sumner said the risk would be on the developer, not the county.
The ranch owners have pledged to make $400 million in traffic improvements to make up for the impact of the development.
Commissioners set a Local Planning Agency hearing on the ranch development order for Jan. 9. The board would consider the proposal Jan. 23.
"This is going to be a gem when it's done, and we need to get it right," Commission Chairwoman Ann Hildebrand said.
Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.
Businesses breeze into new plaza
The center adds a core to the area near Pasco High, a sheriff's station and the county fairgrounds.
By MOLLY MOORHEAD, Times Staff Writer
Published December 24, 2006
DADE CITY - A new pocket of development has popped up in the city, but it's not in any of the usual spots.
A restaurant and Internet cafe, pizza carryout joint and dance studio have moved into a new plaza on State Road 52, across from Pasco High School. And next door, the former Department of Children and Families facility has been converted into a professional office center.
With little other commercial activity around, the business owners hope they are creating a new destination.
"There's really nothing up and down here," says restaurant owner Edna Gonzalez. "We figured there was a need out here."
Gonzalez and her husband opened Tropical Breeze Cafe and Ice Cream Parlor downtown on Seventh Street more than two years ago. At first just a lunch spot, the restaurant now serves dinner and helped spark the emergence of a downtown nightlife.
On SR 52, Gonzalez says, another niche can be filled.
Trop II, which opened last week, offers up breakfast at 6:30 a.m. to catch commuters and stays open until 11 p.m. for students and young folks wanting to hang out. Open Monday through Saturday, it serves sandwiches, short-order snacks, ice cream and fancy coffee drinks, but no alcohol. Furnished with plush couches, free Wi-Fi, arcade games and air hockey, the space encourages patrons to linger.
"There's a little for everyone to do and feel comfortable," Gonzalez says.
Next door, Domino's Pizza already is finding high demand. Drivers deliver hot pies to Dade City, San Antonio, St. Joseph and Blanton.
Manager Bryan Hardy said another population has seized on the delivery service: Saint Leo University students.
The city rezoned the parcel last year to a "neighborhood commercial" designation, intended for small businesses that don't cause big traffic or parking impacts.
City attorney and planner Karla Owens said the eateries and dance school, called DancExperience I, fit the area, whose primary landmarks are the high school, Pasco County Fairgrounds, Sheriff's Office station and a county park with busy baseball and soccer fields. Surrounding residential lots are mostly five acres and larger.
The city probably won't allow much more commercial development there.
"We didn't want to strip it out," Owens said. "Our thought process was that west of the Sheriff's Office ... that we would try to keep that residential."
Office park next door
The nearly 40,000-square-foot former government building between Domino's and the Sheriff's Office has a convoluted history. Built in 1990, it housed offices of the former state Department of Health and Rehabilitative Services. The following year, Dade City entered a 15-year lease-purchase agreement to acquire the building. But it backed out in late 2004 when its main tenant, the Department of Children and Families, announced it would rent only a small portion of the space. Finding new tenants seemed too uncertain in the face of steep financial obligations.
A year later, Dade City developer Bill Adair, under the corporation Lynan Inc., bought the building for $2,050,000. Its current incarnation is a professional office center.
The structure has been painted and relandscaped outside and refurbished inside. It's now home to several office tenants, including a Web design company, gourmet food firm, some mortgage brokers and marketing professionals, Adair said.
"One reason we took it is we felt like there was a market for some office space," he said. "Some of it's local people spreading out, getting out of downtown into a bigger space."
There's also the potential for attracting new businesses, thereby creating new jobs.
"There's going to be a demand. More people are coming, we're going to have more businesses here," he said.
Once renovations are complete and most of the space is leased, Adair said he plans to build a three-story addition onto the front side of the building, with retail uses on the bottom and yet more offices on the top floors.
Molly Moorhead can be reached at 352 521-6521 or moorhead@sptimes.com
Jingle bells, Batman smells ...
By HOWARD TROXLER, Times Columnist
Published December 24, 2006
WE THREE INSURERS
("We Three Kings")
We three insur-ers, causing such harm,
All-State, Nationwide, good old State Farm,
Raise your prem'ums, 'til you scream-at-'em,
Cancel you be-fore the storm.
Oh...
You might wonder, you might hiss,
At why we re-fuse to take risk,
The answer's easy, we're quite queasy,
At losing pro-fit-a-ble-ness.
I SAW THE TAMPA- HILLSBOROUGH EXPRESSWAY AUTHORITY KISSING SANTA CLAUS
I saw the Tampa-Hillsborough Expressway Authority kissing Santa Claus,
Saw it in an ad shown on the Web,
For $34.99, a film by Ralph Mervine,
They arranged it all by cell phone with no public on the line.
I saw the Tampa-Hillsborough Expressway Authority kissing Santa Claus,
O-ver a map of their pro-posed high-way,
The devel-o-pers all smile and they're laughing all the while,
Which is why I saw them kissing Santa Claus last night.
LITTLE DESAL BOY
("Little Drummer Boy")
(Editors' note: Because of problems with a contractor, lyrics for this carol will not be available until March 2007.)
O, PINELLAS TREE
("O, Christmas Tree")
O, Pinellas tree, O Pinellas tree, how rare and precious are you,
O, Pinellas tree, O Pinellas tree, how we should love and guard you.
But if you stand on county land, the county has a better plan,
In parks they'll choose restaurants and booze, and in preserves, pumps o'er you.
GOD REST YE MERRY,
GOVERNOR BUSH
God rest ye merry, Governor Bush, your plan is here to stay,
Now ev'ry school in Flor-i-da competes to get an 'A,'
And gives up frills for FCAT drills, no time for gym to-day,
Grade them well with $10-an-hour temps,
Grade them with temps,
Grade them well-ell-ell with $10-an-hour temps.
GOOD MIKE ALSTOTT
("Good King Wenceslas")
Good Mike Alstott got the ball and rumbled for eleven,
Went back to the bench and sat, on orders from high heaven.
"That's not what my sys-tem says," the coach scowled as his reason,
"And if he gains too many yards, I'll bench him for the se-ea-son."
AULD LANG CHAD
Should 'lec-tion re-sults be forgot,
Lost in machines gone bad,
Should 'lec-tion re-sults be forgot,
We'll sing of Auld Lang Chad.
For Auld Lang Chad, my dear,
We'll sing of Auld Lang Chad,
A paper trail at least there was,
In the days of Auld Lang Chad
Widespread bee deaths threatening food supply BRADLEY — Fort Meade beekeeper David Adams is facing a mysterious plight shared by his counterparts in Pennsylvania, Georgia, North Carolina and elsewhere: Their bee colonies are being decimated at an alarming rate, and the cause is unknown.Starting in mid-August, Adams lost a third of his 900 hives within the course of a few weeks.
The seemingly healthy colonies just disappeared, he said, echoing reports from beekeepers across the country.
"It's become a serious problem for beekeepers, myself included," said Adams of Adams Honey & Pollination. "We're on the ropes."
The phenomenon, termed "Fall Dwindle Disease," is discussed in a preliminary report published last week by researchers in Pennsylvania and Florida.
Seven commercial beekeepers interviewed for the report claimed hive losses ranging from 30 percent to 90 percent, and one beekeeper said he expected just nine of his 1,200 colonies to survive the winter.
"Many beekeepers are openly wondering if the industry can survive," states the report, compiled by researchers from Pennsylvania State University and the Florida and Pennsylvania departments of agriculture.
"There are serious concerns that losses are so great that there will not be enough bees to rebuild colony numbers in order (to) service the pollination needs and to maintain economic viability in these beekeeping operations," it said.
In addition to honey producers, fall dwindle poses a serious threat to a $15 billion pollination industry that supports the nation's fruit, nut and vegetable crops each year.
Without honeybee pollination, the food supply could decrease by a third, according to the Florida Department of Agriculture, causing significant harm to citrus and blueberry production and virtually eliminating watermelons, cucumbers and squash.
Although bee experts have identified several possible culprits, a prevailing theory has yet to emerge on the source of fall dwindle.
University of Florida professor Jamie Ellis said the disease might be the work of varroa mites, a pest of honeybees that transmit viruses.
Then again, fall dwindle might also be connected to bacteria, weather patterns, chemical buildup in honeycombs or stress from being transported for commercial pollination, Ellis said.
"It's a hodgepodge of factors that every few years seems to kill bees," said Ellis, an associate professor of entomology at UF. "It does seem to come in cycles, and it certainly seems to be getting worse."
Fall dwindle can be likened to what has been called Disappearing Disease, a condition first reported in 1915, according to Ohio State University professor James E. Tew. The characteristics varied in each case, save for one similarity: A mysterious absence of adult bees in afflicted hives.
Because of its elusive, fleeting nature and loosely-connected symptoms, experts have no solution for fall dwindle. But a new effort has begun to study the condition.
Jerry Bromenshenk, a research professor at the University of Montana, visited an apiary in Bradley, near Mulberry, and other sites Thursday to collect data on afflicted hives.
Using experimental technology, he and colleagues plan to use audio samples, chemical analysis and beekeeper surveys to help find a link in fall dwindle cases and perhaps uncover their origin.
"It's really a head-scratcher as to what it is," said Bromenshenk, who has been noted for his work using bees to detect land mines and toxic chemicals. "We're doing detective work at the moment. Lots and lots of candidates, but no answers yet."
Florida's Black Bears Are On A Deadly Path
Published: Dec 23, 2006
TAMPA - Bear No. 14 was a 120-pound male, 2 years old and just weaned from his mother's protection when he tried to cross State Road 40 in the Ocala National Forest.
He didn't make it.
The bear, tagged and collared as part of a four-year study that ended in 2003, died in 1999, one of scores killed on Florida highways each year. It's a trend line that has crept steadily upward.
Holiday drivers this weekend will be traveling during the end of the most dangerous time for bears, which are moving over large areas to forage before winter.
Researchers say the number of bears killed in the Ocala National Forest, 100 miles northeast of Tampa, probably is sustainable because it has the greatest concentration of the animals. Births can offset deaths in the 389,000-acre region of pines, palms and hardwoods.
But even a few deaths raise the risk that bears will disappear from other areas they call home, especially isolated smaller sections like one near Chassahowitzka along the Gulf Coast from Citrus County south through northern Pasco County. As few as 20 bears live there.
"Road kill can have a greater impact in those areas," said Stephanie Simek, bear program coordinator for the Florida Fish and Wildlife Conservation Commission.
Collisions with bears aren't just bad for the bears. At up to 450 pounds for mature males, striking a bear can cause significant damage to the vehicle and possibly serious injuries for the driver and passengers.
Wildlife underpasses along roadways are one means of cutting the carnage, said Laurie Macdonald, Florida director for the environmental group Defenders of Wildlife.
An underpass was installed on State Road 46 near the Wekiva River in Lake County, and similar crossings were built along Interstate 75 - Alligator Alley - from Naples to Broward County.
"Where you have existing problems, they can alleviate those problems," Macdonald said.
But no solution will preserve the bear population unless habitat is preserved.
"They need a home," she said.
In 2005, 145 threatened black bears were killed on roads, the highest on record and more than double the 61 killed in 1996.
So far this year the toll is down, with 104 deaths recorded as of Dec. 18.
But year after year, the portion of the state's bear population killed on roads is roughly equal to the portion killed by hunting in states that still allow it, Simek said.
Florida banned bear hunting in 1993.
The Fish and Wildlife Conservation Commission estimates the state's bear population at 2,500, though the total could be higher.
"We know there are bears not accounted for," Simek said.
State Road 40 Is Killing Zone
If the estimate is accurate, cars have killed 4 percent to 6 percent of the state's bear population each year since 2000.
The deadliest road by far is State Road 40 as it winds east from Ocala near Interstate 75 through the Ocala National Forest to the Daytona Beach area.
In 2005 and this year, Lake and Marion counties were the most dangerous for bears, accounting for 97 of the 249 deaths statewide. The reason is a dense bear population bounded by the growing Ocala area to the west and growing Lake County to the south.
Bears cross a road for a variety of reasons, but mostly for food and to mate.
The study that included the ill-fated bear No. 14 found that more bears were killed near curves, at places where roads dip around wetlands, and near intersections of highways and the dirt roads that snake through state and national forests.
Development Is A Threat
The Florida black bear has enough trouble surviving without the risk of dying on roads, Macdonald said.
They reproduce slowly, and up to half the cubs die before they reach their first birthday.
Development gobbling up habitat may be the most severe danger to their existence in Florida.
"Loss of habitat and fragmentation of their habitat are the biggest threat," Macdonald said.
Her organization estimates that 500,000 to 1 million acres are needed to maintain a healthy bear population.
Not enough land is in public ownership to meet the habitat needs, Macdonald said.
Black bears live in six major areas of the state:
Ocala National Forest. At 670 square miles, it is home to the state's largest bear population.
Osceola National Forest. The forest covers 187,500 acres just south of Georgia. Bears frequently travel from the forest to the Okefenokee National Wildlife Refuge to the north.
Big Cypress National Preserve. 720,000 acres of largely swamp land that borders Everglades National Park.
Northeast Florida, near St. Johns River. This area borders the Ocala National Forest but mostly is undeveloped land without large parcels in public ownership.
Apalachicola National Forest. At more than 560,000 acres, the forest is thought to be home to the third-largest bear population.
Eglin Air Force Base. Bears live in the undeveloped area of the base, which covers more than 700 square miles.
Two smaller groups of bears live near Chassahowitzka and in the Glades and Highlands counties area.
As Florida develops, private property around the public lands will change from timber and agriculture to homes and highways, leaving only the preserved land.
"The pressure on areas protected today would be tremendous," Macdonald said. "If they are islands surrounded by either dense development or even scattered development, I don't believe we'll have enough land for the bears."
Perhaps the best hope for the Florida black bear is in the relatively unpopulated Big Bend area, including the Apalachicola National Forest and the area from Osceola National Forest to the Okefenokee refuge, Macdonald said.
With the right moves, she said, Florida could save its biggest beast - and more: "If we protect bears, we protect an awful lot of other species."
Florida black bear
The state's black bear is a subspecies of the American black bear. Its range covers Florida, southern Georgia and southern Alabama.
Size: Males weigh from 250 to 450 pounds while females weigh 125 to 250 pounds.
Food: Mainly acorns, nuts, fruit, berries and insects, but also opossum, turtles, feral hogs and snakes. Males sometimes eat cubs.
Senses: Excellent hearing and smell. Their eyesight is thought to be as keen as humans' and they see in color.
Defenses: When threatened, they flatten their ears, stare and stick out their lower lip and may huff, snap their jaws and slap the ground with their paws. No documented bear attacks on humans in Florida.
Hibernation: Not Florida bears, but they do become lethargic during winter and spend weeks or a month in a den. Pregnant females spend the entire winter in dens, bearing cubs there.
Juveniles: Breeding season is June and July and cubs are born in late January and early February. They stay with the mother for 18 months before setting out on their own in the spring.
Source: Florida Fish and Wildlife Conservation Commission
To Learn More, Visit:
www.myfwc.com/bear/default.htm
www.defenders.org/wildlife/flbears/flbears.html
www.centerforwildlifeinformation.org/BeBearAware/bebearaware.html
Marine Council needs whale
spotters
Population increases to
400, but still low
BY MARIA SONNENBERG
FLORIDA TODAY
In her years monitoring whales for the Marine Resources Council, Julie Albert has learned to measure progress in baby steps.
When she first took up her duties as the council's coordinator of the North Atlantic Right Whale Monitoring Program, the whale population was estimated at 300 to 350. Eight years later, scientists estimate that the numbers have gone up to 400.
,"I try to be optimistic every year," Albert said. "I have to be."
With, maybe, a whopping 1 percent population increase a year, North Atlantic right whales are in deep trouble.
Last year, only 19 whale calves were born and three of these died. Two were female, which made the loss even more detrimental to the species.
Once more than a 100,000 of the marine mammals made their home in the cold Atlantic water. They were easy targets for whalers, who considered them such perfect catches that they gave them their "rightful" name.
The whalers are gone now, but ship strikes are now the main reason so many whales have died.
"Ship strikes account for 40 percent of deaths," Albert said.
Another 10 percent of the animals die from entanglement with fishing nets.
"We're starting to see a higher incidence of entanglements down here," Albert said.
Around this time of year, the whales leave their home waters off New Brunswick and Nova Scotia and head south to calve along the coast of Georgia and Florida, making them very vulnerable to colliding with ships and running afoul of fishing nets.
Calving season runs through the end of March.
"The southeastern United States is the only known calving ground for these whales," said Albert. "Pregnant females migrate here to give birth and the whales are fasting while they're here."
In recent years, non-pregnant females, juveniles and even males have been spotted in the area.
The migration has just started.
"We've already had sightings in South Carolina and Georgia and an unconfirmed sighting in Ormond Beach," said Albert.
"On a regular basis, we've seen them as far south as West Palm Beach."
Actually, a whale and her calf spotted at West Palm made history when they were seen weeks later, this time off Corpus Christi, Texas.
Atlantic coast spotters caught up with the far-ranging pair after they found their way out of the Gulf and were heading home to Canada.
Albert is looking for some sharp-eyed volunteers who want to help the beleaguered whales.
Volunteers are trained to identify the whales and report any sightings to a hotline.
"Within minutes, the Navy alerts all the ships in the area so they can avoid the whales," said Albert.
Beachside condo dwellers are in a prime location to volunteer.
"Third or fourth story condos or higher are ideal," said Albert.
You need not live beachside to be a volunteer, however.
The program is a way to enjoy time at the beach while helping a magnificent but very endangered creature.
"We're looking for some people who want to spend a few hours one day a week," said Albert.
Last year, Brevard whale spotters led to the documentation of one of the new calves of the season.
Right whales have large white bumps on their heads called callosities, stubby black flippers, no dorsal fin, black triangular tail and exhale a V-shaped blow of water.
Surfers, fishermen and beachcombers can help whales by reporting them to the toll-free hotline at 1-888-97-WHALE (1-888-979-4253).
When calling, note location, contact information, number of whales and whether or not a calf is present, and the apparent direction of movement.
To join one of the free whale spotting classes Albert hosts, call her at 725-7775.
Don't get close
Boaters, surfers, jet skiers, take note: It is illegal, not to mention dangerous, to get any closer than 500 yards to any North Atlantic right whale.
"Even a small boat can do damage and the whale can do damage to the boat," said Albert.
While the animals are not aggressive, a mother whale may slap the water with her tail if she feels her calf is threatened. The tail slap can do a number on boats and jet skis.
Not only that, you'll get a nice fine.
Council award
Disney Wildlife Conservation Fund recognized the Marine Resources Council's Whale Monitoring Program with a grant that will help the program continue to train coastal citizen volunteers who report whale sightings to a hotline.
The Council was selected from more than 240 applications from organizations around the world.
The Council also received a grant from the Canaveral Port Authority. The Port depends on the Council and its volunteers to notify harbor pilots when right whales are sighted near the ship channel.
Taking An Ax To Wildlife Preserves
Tampa Tribune Editorial Published: Dec 23, 2006
Proposed cuts in the U.S. Fish and Wildlife Services budget would hit two national wildlife preserves in Florida - Archer Carr and Pelican Island, both on the east coast - particularly hard.
The jointly managed Florida refuges would lose three of five positions: two biologists and a ranger. The loss of these positions could well compromise the protection and management of sea turtles and other wildlife.
The Bush administration's planned cuts to wildlife services will eliminate 79 full-time positions in the Southeast. Also eliminated would be animal population studies, public education programs, exotic species control and enforcement patrols of sanctuaries.
The federal government needs to control spending, but these cuts would undermine the service's mission to safeguard plant and animal life. Also being cut is the budget for land acquisition, which saves important tracts from development.
The next Congress should take steps to provide the National Wildlife Service with sufficient funds to protect Florida sea turtles and the nation's vanishing wildlife.
Appeals
court tosses out Bush smog rules as too weak
WASHINGTON
-- A federal appeals court on Friday struck down the Bush
administration's strategy for reducing smog, which impacts the health of
more than half the nation's population, mostly those prone to asthma and
other respiratory illnesses.
The Environmental Protection Agency rules for forcing state cleanups
of smog don't meet Clean Air Act requirements, a three-judge panel rule
in a suit brought by a Southern California clean-air agency,
environmental groups and some mid-Atlantic and Eastern states downwind
of others states' smog.
Circuit Judge Judith Rogers, writing for the panel of the U.S. Court
of Appeals for the District of Columbia, said "EPA has failed to
heed the restrictions on its discretion set forth in the Act." The
court ordered the agency to come up with a new enforcement plan.
Smog is produced by nitrogen oxides reacting with other chemicals to
create ground-level ozone, particularly in the summer months when the
sun is hottest and brightest. Other major sources of the pollution are
motor vehicle exhaust, gas vapors and chemical solvents.
In the stratosphere, ozone occurs naturally and is a beneficial
shield against harmful ultraviolet rays.
EPA in 2004 issued new smog standards requiring 474 counties with
about 159 million people living in them to reduce pollution of
smog-causing ozone and improve the air enough to meet federal health
standards. But the agency gave them three to 17 years to do so.
The appeals court panel said that was too long. It also said the
agency was allowing "backsliding" by states when it should
have been directing them to order new emission controls on industrial
plants, more public transportation, tougher vehicle inspection programs
or cleaner-burning gasoline. States that fail to meet the standards risk
losing federal highway dollars under the law.
Tougher standards for ground-level ozone and fine soot were ordered
by the Clinton administration in 1997 after it determined that levels
set in 1979 didn't adequately protect children, the elderly and people
with respiratory ailments. The Supreme Court in 2001 upheld the tougher
standards after they were challenged by industry.
EPA spokeswoman Jennifer Wood said Friday that the agency will review
the panel's decision to determine whether it will ask the full appeals
court to rehear the case. "EPA is committed to ensuring our
nation's ozone air quality standards are implemented to protect public
health and the environment," she said.
Sen. Barbara Boxer, D-Calif., who in January becomes chairwoman of
the Senate Environment and Public Works Committee, said she was pleased
the court had "seen through EPAs transparent attempts to
weaken" the clean air law. She promised the Democratic Congress
would closely monitor the agency as it comes up with a new plan for
reducing smog.
"Smog kills people, it increases asthma and other respiratory
illnesses, and it remains a major public health threat in many areas of
the country," she said. "Sadly, we have once again had to rely
on the court to tell EPA how to read the text of the Clean Air Act in a
way that protects people, not polluters."
Plaintiffs in the suit were California's South Coast Air Quality
Management, the American Lung Association, Environmental Defense, the
Sierra Club, the Natural Resources Defense Council, the District of
Columbia and the states of Massachusetts, Connecticut, Delaware, Maine,
New York and Pennsylvania.
County Commissioner Jack Myers on Wednesday proposed forming a 10-member technical advisory committee that would replace the now defunct Glitch Committee that reviewed the county's development code.
The committee's formation would require approval of a resolution, which County Attorney Joe Jarret said he will prepare and bring to a future commission meeting.
Although Myers said his idea is a refinement of one of the recommendations from a 2004 consultant report that examined the county's building and planning departments, the idea also seems to have come at the suggestion of the Polk County Builders Association, according to an article in the group's November newsletter.
"A request is being made of the County Commission to replace the 'Glitch' Committee from the Land Development Commission with a new group to be known as the LDC Tech Advisory Committee. This group (a list of possible appointees has been prepared by Dave Carter) of professionals will be very much in tune with the real needs of the industry," wrote Carlton Hodges, chairman of PCBA's government affairs committee.
The Glitch Committee was appointed by the County Commission in 2000 after it belatedly approved the development regulations that were supposed to implement the county's growth plan, which had been approved in 1996. Dave Carter is a Winter Haven engineer and PCBA member.
That committee was dominated by representatives from the development community and critics said the panel was responsible for finding creative ways to weaken the county's growth plan and its development regulations, which are supposed to be consistent with the growth plan.
The 2004 consultant's report had recommended the formation of a committee composed of an unspecified number of county staffers involved in various aspects of development review and five members from the private sector to review the development regulations.
But Myers said he wanted to form an "independent" committee composed of "professionals, not just advocates."
His list of proposed categories for committee membership included a workforce housing advocate, a land-use lawyer, someone from the Polk County Farm Bureau or the agricultural community, an environmental scientist, a private planning consultant, an engineer, a land surveyor, a utility contractor and someone from the insurance industry.
Myers denied this was an attempt to continue allowing local builders to have seeming veto power over what proposed growth plan changes reach the county's Planning Commission or the County Commission for consideration.
"It will depend on who's appointed," he said.
Each of the five county commissioners could make two appointments under Myers' proposal.
Commissioner Sam Johnson said he felt the commission could appoint people who are "knowledgeable and unbiased," explaining he thinks there are many people in the development industry who are concerned about the future of the community. Myers said he felt it was important to get more input in decision making.
Commissioner Jean Reed asked Merle Bishop, Polk's growth management director, whether the committee would be helpful with the county staff's review of the development regulations, which Bishop said had already begun.
"Yes, but it needs to be a balanced committee," he said.
After the meeting Bishop was asked whether the technical committee was necessary.
"Not really," he said.
Reed wasn't the only person to question the idea.
Al Whittle, a member of the board of directors of Florida Bipartisan Civic Affairs Group and the committee that reviewed the 2004 consultant report, said after the meeting he's disappointed that the public appears to be left out.
This echoes comments he made in response to the 2004 consultant's report. Whittle objected to giving extra weight to the input of people whose livelihood is directly linked to how strong or lenient the development regulations are.
"Why would we want to put the fox in charge of the henhouse?" Whittle asked, adding, "Why would the County Commission do something like this without a public hearing?"
He said if members of the development community have suggestions for amending local development regulations, they should be able to submit them the same as any other member of the public, but they shouldn't be given preferential treatment.
Whittle said the proposed committee also could be a way to make an end-run around an upcoming series of public forums planned in January to suggest changes in the county's growth plan.
"We have a public process that involves the citizens," Whittle said. "I'm very uncomfortable when the people are cut out of the people's business."
West Melbourne seeks
water solution
BY J.D. GALLOP
FLORIDA TODAY
Town officials are trying to figure out how to the boost water supply for its growing number of housing developments and shopping plazas.
The city council has agreed to take legal action, if needed, in its negotiations with Melbourne over utility and water issues.
"We certainly are needing more and more water than before and have more developments," said City Manager David Reynal of the council's authorization. Reynal said a special group of attorneys has been assigned to sit in on talks with Melbourne, and will use a declaratory judgment if they feel clarification is needed on the almost three-decade-old water agreement between the two cities. Melbourne supplies 1.5 million gallons of water daily through a dozen interconnections with West Melbourne.
The city -- whose population grew from about 10,000 in 2004 to almost 14,000 this year -- is reviewing its water agreement with Melbourne with hopes of increasing water flow as plans for new housing subdivisions move forward.
Melbourne officials said the problem isn't supplying the water but delivering it to an area south of Eber Road in West Melbourne, where a number of new developments are under way.
"One of the problems is that their distribution system isn't capable of carrying water from all those points to specific locations that may have a high requirement," Melbourne Deputy City Manager Howard Ralls said.
"Their requests are for a number of projects that require a large volume of water. What should they do? That's what we're trying to resolve."
Officials, worried that the city depends too heavily on Melbourne for its water needs, are also considering building on its own utility-minded infrastructure. That includes studying the viability of building water tanks and looking into the feasibility of having its own water treatment plant.
The council's authorization deals strictly with the water issue, said Reynal, who also is meeting with Melbourne officials over annexation and boundary issues. West Melbourne, a bedroom community with a bustling commercial strip along U.S. 1, is sandwiched between Melbourne and Palm Bay. Both neighbors are in the midst of expanding their jurisdictions -- possibly westward to the St. Johns River.
"I believe there's a solution on water and annexation," Reynal said.
Contact Gallop at 409-1422 or jdgallop@flatoday.net
Riviera sues to block vote on mall plan
Palm Beach Post Staff Writer
Saturday, December 23, 2006
RIVIERA BEACH — In a countermove, the city has sued the organizers of a petition drive that sought to have voters decide whether the $280 million Ocean Mall project goes forward.
The lawsuit, which names the five committee members who launched the Public Beach Coalition, asks a judge to affirm the city council's decision to keep three questions regarding the deal off the March 13 ballot because the petitions are invalid.
"We're just seeking to have the court review our actions and declare that those actions were legal," City Manager Bill Wilkins said Friday.
The coalition also has sued the city and wants a judge to deem the petitions legal and to put the three questions on the ballot. Those questions are whether to repeal the council's Oct. 4 decision to change its city charter by extending its beach lease from 50 to 99 years; to limit building height to five stories; and to allow use of the public beach for only tourism and recreation.
On Wednesday, the council voted 4-1 to reject the petitions based on a recommendation by City Clerk Carrie Ward. Ward and the group differ on the manner in which the petitions were collected and the percentage of signatures needed to make the petitions valid.
Gordon Rowse, a Singer Island resident and one of the five petition committee members named in the lawsuit, said he hadn't been "officially" notified of the suit. Rowse, a regular at council meetings, was surprised by the city's response.
"I don't understand the position the city's taking on this whole referendum issue," Rowse said. "It's just another step against the citizens trying to exercise their lawful rights."
The city's lawsuit alleges that 114 people circulated the petitions even though the charter requires that only the five-person petition committee can distribute them. The coalition disagrees and points to state law, which suggests that anyone can circulate the petitions.
The lawsuit also claims the petitions were circulated by fax and e-mail, making it difficult for members of the petition committee to swear they had witnessed the signatures.
The lawsuit also alleges that petitions were left unattended, where people could sign at random without being witnessed. In addition, the language on the petition to repeal the council's decision to increase the beach lease to 99 years was confusing and shouldn't be placed on the ballot, according to the lawsuit.
Despite the ongoing legal battle, Mayor Michael Brown held a news conference Friday where city officials signed the deal with builder Dan Catalfumo. Brown and Council Chairwoman Ann Iles signed the documents that allow Catalfumo to lease the city's 11 acres of public beach for 50 years to build a 28-story Marriott hotel/condo and 60,000 square feet of shops and restaurants.
City officials marked the signing as the official rebirth of Riviera Beach's $2.4 billion waterfront redevelopment plan. The ceremony was held at Portofino restaurant, one of the few remaining tenants at the 33-year-old Ocean Mall.
"I think the community is going to be extremely proud of the decision we've made," Iles said. "This is a major step to change the way this community appears."
Plan to pipe sewage down raises concerns
Palm Beach Post Staff Writer
Saturday, December 23, 2006
DELRAY BEACH — Fresh from a messy battle over the future of sewage here, officials agree: plans to stop spewing wastewater into the sea and instead shoot it into the ground will send it out of sight but not out of mind.
Lingering concerns include the cost of a deep well and whether that method will, in fact, provide a solution to pollution.
They are concerns that also may be on the minds of officials at five other South Florida wastewater plants that still send sewage into the ocean.
With an estimated $17 million price tag, the switch from ocean outfall to deep-well wastewater injection won't go unnoticed by ratepayers in Delray Beach, Boynton Beach and adjoining cities.
Currently the maximum sewer bill for a Delray Beach home is $48.54. The biggest bill for a Boynton Beach home is $31.69. Residents of adjoining towns that use the sewer plant pay slightly more. The projected cost of the well, which will be divided between the two cities, is not final, and neither city has done the math on possible costs of financing the project at the South Central Regional Wastewater Treatment Plant.
But ratepayers should be prepared to pay more, said Delray Beach Environmental Services Director Dick Hasko, who hopes residents will understand the necessity of a sewer rate raise after reports that dumping it into the ocean was harming marine life.
"You can't have it both ways."
Deep-well sewage injection also has been subject to criticism, however.
Noting instances in which wastewater has seeped up through layers of limestone and clay toward potential drinking water supplies, environmental groups have asked state and federal officials to disallow the practice. Last year the Sierra Club sued the Department of Environmental Protection, saying the agency was violating the Safe Drinking Water Act by permitting wells in Miami-Dade County where movement of wastewater had been noted near sources of potable water. Critics also say injected wastewater still moves into coastal water, harming coral reef systems.
In turn, federal officials have required that wastewater injected into the ground be treated to the same level of disinfection as wastewater used for public irrigation.
The Legal Environmental Assistance Foundation has countered that treatment won't be enough, and in a letter to the DEP and Gov. Jeb Bush, listed 16 wells where wastewater had moved into an underground source of drinking water, including the one operated by the Seacoast Utility Authority in Palm Beach County.
The plant is on a permanent watch-list, and movement stopped after the plant reduced the amount of wastewater pumped into the well by sending more water into irrigation reuse, DEP geologist Joe May said.
The South Central plant serving Boynton Beach and Delray Beach also intends to expand its reused water irrigation program over time, with plans to use the pipe carrying waste into the ocean instead to deliver reclaimed water to the barrier island.
In addition, Boynton Beach Mayor Jerry Taylor said he has been assured the depth of the South Central well will keep water from reaching drinking water aquifers.
The well is set to be 3,000 feet deep, and with other wells in the area "the geology is pretty well known," said Patrick Davis, vice president of Hazen and Sawyer engineering firm. The firm prepared the application for the well that was sent to the Department of Environmental Protection Tuesday.
That does not mean the well won't be scrutinized - by its planners and builders as well as future critics. Davis noted, "All disposal options have their opponents."
Work to halt horse runoff almost done
Palm Beach Post Staff Writer
Saturday, December 23, 2006
WELLINGTON — Here's one way to clean up South Florida: Stop pumping runoff laden with horse manure into the Everglades.
It sounds like common sense, but it has taken years, millions of dollars and a lot of fighting to achieve that goal in Wellington.
Now the goal is in sight, village leaders say, more than a week before their New Year's Eve deadline to stop dumping into the Arthur R. Marshall Loxahatchee National Wildlife Refuge. They say they'll meet the deadline with days to spare, thanks to a project that will send runoff from Wellington's equestrian-dominated southern half northward into the West Palm Beach Canal.
"It will be a great day," Village Manager Charlie Lynn said. "It really is probably the most significant public works project in the history of the village."
Work on the pumps, culverts and other features needed to send the runoff north is just about finished, said Mike Hind, project manager at the South Florida Water Management District. He said enough will be done by Dec. 31 to ensure that the runoff never goes south again.
The old south-flowing pumps might already have polluted the refuge for the last time. The village last ran those pumps after the heavy downpour of Dec. 14, said Gary Clough, director of the village's environmental and engineering department. "We don't anticipate turning them on again," he said.
The runoff won't vanish magically, of course. Instead, the district eventually plans to pump it from the canal into an Army Corps of Engineers filter marsh at the village's west end, where cattails, submerged plants and other vegetation will absorb the runoff's polluting phosphorus. Then the cleansed water will go into the refuge.
But the corps is still working on parts of the marsh, which last year produced phosphorus levels more than 16 times what the Everglades can stand. Some environmentalists have questioned whether the 6,400-acre marsh will be large enough to handle the horsey leftovers in addition to runoff from sugar farms, Lake Okeechobee and western Palm Beach County's exploding suburbs.
Even so, refuge manager Mark Musaus said he welcomes the end of the village directly dumping into his sanctuary.
"We still get water. We get it treated. That's good news," Musaus said. "Give credit to the village of Wellington and the district folks for coming up with this and getting it done on time."
For decades - long before Wellington became a village in 1996 - the equestrian region south of Pierson Road has emptied its runoff through two pumps into the refuge, the northernmost remnant of the Everglades. Phosphorus in the manure-rich runoff has fed an explosion of nonnative cattails while killing ecologically vital algae.
Ending the dumping is part of an ongoing district-led project that includes plans for a 360-acre wetland park that could feature boardwalks, observation platforms and, yes, horse trails.
The district has estimated that the entire project could cost more than $26 million. Under a deal between the agencies, the village will pay no more than $6.25 million.
It's the lobbyists, not the sinkholes
St. Pete Times LETTERS TO THE EDITORPublished December 22, 2006
It's the lobbyists, not the sinkholes
I note that Sen. Mike Fasano, Rep. Will Weatherford and Rep. John Legg are targeting sinkholes as a main cause for increasing property insurance premiums and deductible payments. I also note that not a word is said about windstorm and hurricane coverage.
Is it possible that Tallahassee would suggest property owners drop some of these coverages to reduce their premiums?
True, sinkholes are a big problem in Pasco and Hernando counties and are a man-made problem. Overdevelopment of land, destruction of wetlands and the pumping of water from underground lakes and streams can cause the earth to sink.
I agree with Sen. Fasano that we should repeal some of the insurance laws we now have on the books that favor the insurers and replace them with ones that would protect property owners.
I think it's time to clip the wings of the high-flying insurance company lobbyists in Tallahassee.
I have a word for our legislators: You guys have the ball; don't drop it.
Frank DeAngelo, Hudson
Commission Sticks With Grantham Ranch Ruling
Published: Dec 23, 2006
WESLEY CHAPEL - The developers of Grantham Ranch have agreed to abide by strict drainage regulations to ensure flooding in the area does not get worse.
D.R. Horton plans to build as many as 474 homes on 611 acres off Old Pasco Road, along with an extensive drainage system to keep excess water from flowing off the property.
One Pasco County commissioner says that's not enough and tried to get his fellow board members to reconsider the development at a meeting this week in New Port Richey. The other commissioners declined.
Commissioner Jack Mariano argued the board should review a new study showing flooding conditions in the area during the past 30 years before allowing the project to proceed. Maps showing flood risks and conditions were released by the Southwest Florida Water Management District on Dec. 8, three days after commissioners voted 3-2 to change the land-use designation, Mariano said. He and Commissioner Pat Mulieri were opposed to the land-use change because of flooding concerns.
Because they voted against the land-use change, neither Mariano nor Mulieri could make a formal motion to reconsider it. Mariano hoped to persuade another commissioner to do so, saying he had spoken with a water district official who said "more could be done."
"I think we are short- cutting our way into this," Mariano said.
Other commissioners said they are confident D.R. Horton and its engineers are doing more than is required to account for possible flooding. Engineers have designed a system to hold water upstream even in rare rain events, abiding by restrictions for the county's "basins of special concern" even though the ranch is not officially in one.
Michele Baker, program administrator for engineering services, said the study Mariano wants to review is not complete and must be analyzed.
Jim Widman, the county's engineering services director, said the developer has taken more measures than required. To delay the project for this new study would be unnecessary and unfair, he said.
"From the very beginning on the Grantham Ranch project, the applicant accepted our recommendations," Widman said. "He knew there would be [new] maps, and he indicated he would work with those maps."
Commissioner Ted Schrader agreed the developer has gone "above and beyond" requirements, and he questioned why Mariano would ask the board to reconsider rather than let residents opposed to the project follow the proper channels and appeal the decision in court.
"I am a little bit troubled by a commissioner on the losing end bringing it up," Schrader said. "I don't want staff to help residents come up with conditions only to have us come back and deny it. I don't have any desire to bring this back up.
"Unfortunately for you, you are on the losing end," Schrader said to Mariano. "They need to hire experts to appeal it to the next level and let the court decide. I will stand by my decision."
Commissioner Ann Hildebrand agreed with Schrader. She said she was reassured by project engineer Robert Fudge that the plans may even improve drainage in the area.
Mulieri also said she wanted to drop the subject.
"Do I like this development? No, but we are five members here, and we have a good board," she said. "I think this is over and done with."
Reporter Julia Ferrante can be reached at (813) 948-4220 or jferrante@tampatrib.com.
Subdivision Plans Axed By Builder
Published: Dec 23, 2006
HUDSON - The developer of a proposed subdivision on Bolton Avenue has withdrawn its plans after county officials recommended rejecting them this week.
Metro Development Group LLC of Tampa had planned to build its Longwood subdivision atop a former construction debris landfill.
The property is owned by Azzarelli Hudson LLC, which shares an address with Metro Development. It was operated as a sand mine, landfill and yard-waste disposal site in the 1990s by Golden Crown Enterprises.
The 80-acre site was rezoned for high-density residential development in September 2005; Metro submitted its plans two months later.
Designs submitted to Pasco County showed 160 homes arrayed along the edges of the former landfill. Land atop the former landfill is labeled "future development."
Although the state allows many kinds of development atop old landfills, Pasco County rules ban residential construction on them.
The subdivision's county-mandated park sits partially on buried debris, violating county rules that require the parks to be on uplands.
Developers ran afoul of the county when they could not prove that building on the site did not pose a risk to future residents or the local environment.
Earlier this year, the developers sought a clean bill of health for the site from the state Department of Environmental Protection. DEP officials reported, however, that they could not certify that the site was environmentally safe.
Reporter Kevin Wiatrowski can be reached at (813) 948-4201 or kwiatrowski@tampatrib.com.
Punta Gorda Web page seeks input
The city has put together a Web page for residents to comment on nine areas that comprise the comprehensive plan, including future land use, transportation, housing, infrastructure and public school facilities. The seven-year plan is used to guide future growth and development.
The site, which is now working, took Dave Rude, the city's management information systems analyst, a month to finish.
"There was a lot of back and forth," said Joan LeBeau, the city's chief planner. "It came together."
LeBeau worked with Rude to implement the online service.
"That's our first real run at doing something like that," said Dennis Murphy, the city's director of growth and community development. "The comp plan is over 800 pages. This way they can get easier access to the area they are interested in."
One challenge local governments face is new state growth management policies that require them to have infrastructure and other services in place or already provided for within a three- to five-year period.
If a developer proposes a project that includes more than city services can handle, he or she will have to work with local governments to pay for the needed upgrades.
Residents have until the end of next year to give their input online for the 2007 comprehensive plan. City officials also will hold a public meeting Jan. 10 to hear residents' comments and suggestions.
Officials expect to submit the proposed plan to the Florida Department of Community Affairs by the end of March 2008.
Already the city has received feedback from about 50 residents who filled out forms, but others wanted to be able to access information online and share ideas.
Murphy, who implemented the county's Geographical Information System when he served as GIS manager, said he encourages online projects that allow the public access to information. But he did not not want to take credit for the monthlong ordeal. Rude made it happen, he said.
"That was a phenomenal effort," Murphy said.
Rude referred to it as a fairly enjoyable challenge.
"I hope that it is user friendly for people who can benefit from it," he said.
To reach the site, go online to www.ci.punta-gorda.fl.us and click on comp plan
Growth plan holds line in S. Dade
A long-awaited study calls for drawing the line on growth in Miami-Dade, but critics could compromise its political clout.
BY CURTIS MORGAN
cmorgan@MiamiHerald.com
Document | Watershed studyAn ambitious plan intended to serve as a blueprint for development of Miami-Dade County's last frontier would hold the line on suburbia right where it is until at least 2025.
That recommendation -- strongly counter to the interests of developers clamoring to convert farms, nurseries and wetlands into homes and businesses in the booming area from Kendall south to Florida City -- is the key to dozens of certain-to-be-controversial strategies outlined in the South Miami-Dade watershed plan.
The study, more than five years and almost $4 million in the making, is supposed to find room for a population projected to double to 1.5 million over the next 50 years while also protecting water quality for Biscayne Bay.
Among other measures, the study calls for packing many future arrivals into a mile-wide corridor down U.S. 1 to encourage mass transit.
It also urges buying or protecting some 18,000 acres bordering Biscayne National Park, a good portion of it now farmed or targeted for development.
Michael Davis, a consultant overseeing a study that county commissioners have called critical to resolving the debate over whether to expand the county urban development boundary, known simply as the UDB, said one clear message has emerged:
''If you keep doing what you're doing, which will result in unchecked sprawl, it's a bit of train wreck scenario,'' he said. That means clogged roads, crowded schools, polluted water and a near eradication of agriculture, still one of the county's major industries.
But the ''smart-growth'' fixes proposed in draft versions of a plan still a few months from completion have come under mounting fire.
On Thursday, 21 members of a watershed advisory committee took final votes on 68 proposals to start putting the ideas in force. Nearly every vote split down a familiar dividing line in South Miami-Dade -- environmentalists and rural residents on one side, agricultural and building interests on the other.
''The complete process, in my views, was a total failure with the way it was managed,'' said Bill Losner, a president of 1st National Bank of South Florida.
Losner contended the most important decisions about land use, and a proposed protection zone for the national park, which would infringe on private property rights, came up only in the last months of the grueling process to craft a complicated plan.
Jamie Furgang, an Audubon of Florida representative and committee member, said she feared the last-hour dissent might undermine work that county planners and commissioners should embrace. ''There are people in the community who would like to see this killed because it comes out with a recommendation not to move the UDB,'' Furgang said.
FORMIDABLE FOES
In the last month, Pinecrest, Cutler Bay and Palmetto Bay leaders also have emerged as potentially formidable foes, warning they'll resist a move to ratchet up zoning densities along South Dixie Highway. That corridor is considered a key because without far more people nearby, mass transit options like extending the MetroRail to Homestead could prove a huge financial drain on the county.
Roger Carlton, an assistant county manager who chairs the advisory panel, defended a study that has produced thousands of pages of analysis and a dizzying array of charts, maps and graphs.
He downplayed concerns that criticism would hobble what he called ''one of the most comprehensive watershed analyses ever attempted.'' He said it was important for commissioners to weigh ''unvarnished'' views of its potential impacts.
About two-thirds of the votes narrowly supported the measures or were close, he said -- just not the 80 percent approval that the committee established for passage.
The final plan, which must be approved and could be altered by commissioners, is expected in the next few months and will be used to shape the county's comprehensive growth plan, which governs land-use decisions.
The county first ordered the watershed study in 1996 in a deal to get former Biscayne National Park Superintendent Dick Frost to withdraw plans calling for a 2,700-acre buffer zone around the park, a buffer that stood in the way of a proposed commercial airport at Homestead Air Force Base.
Davis, a vice president with the Fort Lauderdale-based consulting firm Keith & Schnars, said he expected controversy because of the study's high stakes. Its current ''preferred alternative'' could limit development in vast areas of southwestern Miami-Dade for the next 20 years and beyond.
After 2025, it urges allowing only 40 percent of new building outside the UDB and would protect about 90 percent of existing farm and nursery lands.
By 2050, the area is projected to need some 204,000 new housing units, Davis said.
''My job is to give the county the most technically sound plan,'' he said. ``It's where and how you put those 204,000 units on the ground that is the single biggest influence on the watershed.''
Two years ago, a $1 million county study on preserving agricultural lands wound up dead-on-arrival after its advisory committee voted it down.
Katie Edwards, executive director of the Dade County Farm Bureau, called the votes ''disappointing'' but said she hopes the watershed study won't suffer the same fate.
FARMERS' SUPPORT
Farmers would support many of the recommendations, she said -- to step up county support of the struggling industry, for instance, and examine any proposed rules through a farming board. But she called the plan too broad.
Preserving the freedom to develop their land in the future is important, Edwards said, but most farmers are more concerned with keeping business in the black.
''I don't think every farmer is a future developer,'' she said. ``I think we have some positive things that can come out of this.''
Citizens Property lawsuit saga
continues In the ongoing mass of litigation against Citizens Property Insurance to
force it to pay policy limits on homes completely destroyed by Hurricane
Ivan, a Thursday appeals court opinion sends one part of the case a legal
step back but doesn't change the basic landscape of the lawsuits.
''This is a big victory for my clients because it allows my clients to
control their own claims here in Escambia and Santa Rosa counties rather
than be pressed into a class action over in Leon County,'' said Charles
Beall, a Pensacola attorney who handled the appeal on behalf of several
plaintiffs who opposed creation of the class.
A spokesman for Citizens said its in-house and outside attorneys will
meet on Tuesday to consider the rulings and wouldn't have a comment until
after that.
Hundreds of Panhandle homeowners have suits pending against Citizens
because the state-run insurer refuses to pay policy limits on total Ivan
losses. Citizens says most of the damage was done by floodwaters, not
hurricane-force winds, and the loss is therefore not fully covered.
In an effort designed to come to a quick resolution, a class-action suit
was certified in 2005. Thursday's unanimous opinions by Judges Robert T.
Benton, Philip J. Padovano, and Joseph Lewis said individual homeowners who
sought and were denied the opportunity to oppose setting up the class should
have been heard.
Because they weren't, the appeal judges vacated the class certification
order (without ruling on whether it was right or not) and sent it back down
to lower courts for more proceedings.
Because of that, in a separate opinion, the judges said a final judgment
against Citizens in the class-action suit should be reversed. It's a
technical ruling, but the judges ''express no view on the merits of any of
the judgments,'' the opinion said.
Ultimately, Beall said, the cases will hinge on rulings by an appeals
court or the Florida Supreme Court that will decide if state statutes that
require payment of policy limits no matter the cause of damage apply to
Citizens. Such a ruling, stemming from one of several individual lawsuits
already under way, should come in 2007, Beall said.
Outgoing Chief Financial Officer Tom Gallagher early on encouraged
creation of the class-action suit in order to get a quick resolution to the
issue.
''I asked Citizens Property Insurance Corporation to drop individual
lawsuits they had with their policyholders and to seek an expedited
resolution of claims involving Florida's valued policy law,'' Gallagher said
in 2005.
A spokeswoman Friday said that remains Gallagher's view as he leaves
office.
Beall said it was ill-considered.
''I think that was a very shortsighted decision (to form a class-action)
because it assumed these claims were all one-size-fits-all, cookie-cutter
claims that could be handled in a class action. Every claim is different,''
Beall said.
Court rejects class action but permits individuals
to move forward with Ivan claims against insurer
Resident alleges delays by inspectors
By Terry WittA local woman appeared before the county planning board this week and alleged that county inspectors make excuses for not investigating code violations on private property if they find a locked gate in their path.
Jodie Nunziato said she has filed numerous complaints about code violations at a 25-acre sand excavation pit owned by Dirt Boys Inc. off County Road 490 and Rock Crusher Road, but she has had little success in having the complaints investigated.
When county code inspectors find a locked gate, she said, they leave the site, call the owner and ask for permission to enter his property, giving him time to clean up the violations before they arrive.
“As soon as they tip them off that they’re coming, the violations are buried,” said Nunziato, who says the sand pit accepts trees and other vegetative debris without the proper permits.
Nunziato lives in the Frasure Hull Peach Orchards community.
She said the company has used a wood chipper off and on at the pit, even though it has no permit. She said the county has never cited the company for the violation.
John Hanna, vice president of Dirt Boys Inc., said the company spent $1 million buying the property and $400,000 purchasing the portable chipper. He said county officials told him he could use the chipper at the pit, but the only time the county has allowed him to use it is for chipping trees felled for the expansion of the pit.
As for Nunziato’s complaints, Hanna said he allows county inspectors to visit the property whenever she complains. He said she has complained dozens of times. But he said the inspectors are not allowed to cross the gate when he is not there. He said he doesn’t want someone getting hurt on the property.
“When someone (from the county) calls us, they send us a letter. They say we have 30 days to fix it,” Hanna said.
Hanna said the county is not allowed to enter private property to conduct investigations without the owner’s consent, but he said Dirt Boys has always cooperated when it was notified of a complaint filed by Nunziato or anyone else.
“If we wanted to get hard-nosed about it, we’re private property,” he said. “If the gate is closed, we don’t have to let them on the property, but we do.”
Public Safety Director Charles Poliseno said there is no chipper in the Dirt Boys sand pit. He said the county asked Dirt Boys to remove it.
He said county inspectors have been invited onto the property to look for code violations when Nunziato complained, but said he was unaware of any confusion about what code violation inspectors are allowed to do if they find a locked gate.
Assistant County Attorney Michele Lieberman met with Code Enforcement Director Kimberly Bruce after Thursday’s planning board meeting to discuss the use of administrative warrants for accessing private property, according to County Attorney Robert Battista. But he did not know exactly what they discussed. Lieberman went home early Friday afternoon and was unavailable for comment.
The question of whether there was confusion about how to access private property surfaced during the discussion of Nunziato’s complaint. Development Services Director Gary Maidhof told planning board members that gaining access to private property would require a court order.
Lieberman corrected him, saying the county had other means for gaining access, but she did not elaborate.
Poliseno said while it is true code inspectors must ask for the consent of the property owner if they find a locked gate, they also can obtain a search warrant from a judge if the owner refuses to grant access.
He said another possibility would be for inspectors to use an adjoining piece of property to view the violations, provided the owner gave consent, or the county could fly over the property in an aircraft.
Poliseno said the complaining party also can obtain a civilian affidavit from his office and the county could take action using the affidavit.
“The locked gate is not the end,” he said.
Florida population continues to grow
TIMES WIRESPublished December 22, 2006
WASHINGTON - In one corner, there are hurricanes, stifling hot summers and seemingly endless voting problems.
In the other, there are millions of postcards sent worldwide showing picture-perfect beaches and sunsets.
The postcards are winning.
Florida added 321,697 residents in 2006, according to population estimates released Thursday by the Census Bureau. In sheer numbers, that puts the Sunshine State second only to Texas in new residents, but many of the new Texans are former Louisianians chased there by Hurricane Katrina.
In fact, Louisiana lost nearly 220,000 people, more than any other state.
Arizona led the nation with a growth rate of 3.6 percent (or 213,311 new residents) in the past year, followed by Nevada, Idaho, Georgia and Texas, unseating Nevada from its 19-year reign as the nation's fastest growing state by percentage.
The Census Bureau estimates annual state population totals using local records of births and deaths, IRS records of people moving within the United States and census statistics on immigrants. The bureau does not distinguish between legal and illegal immigrants, and most experts believe the number of illegal immigrants is underestimated.
Among the findings for 2006:
- North Carolina broke into the top 10 in total population, nudging New Jersey to 11th.
- Four states and the District of Columbia lost population: Louisiana, New York, Rhode Island and Michigan.
California remains the most populous state with 36.5-million people on July 1, 2006. It is followed by Texas with 23.5-million, New York with 19.3-million, Florida with 18.1-million and Illinois with 12.8-million.
The South had a net gain of a half million people relocating from other parts of the United States, while the Northeast had a net loss of 375,000 people and the Midwest lost 184,000, according to the census estimates.
The growth pattern means Florida probably will add two House seats when congressional districts are redrawn after the 2010 Census, said Clark Bensen of Polidata, a Virginia firm that consults on political redistricting.
And that means more elections.
Crist's picks bring experience
CRAIG PITTMAN and JONI JAMESPublished December 22, 2006
Gov.-elect Charlie Crist picked two veterans of state government to head up the state's land-planning and environmental agencies Thursday.
He chose Tallahassee lawyer Tom Pelham to lead the state Department of Community Affairs, an agency Pelham ran in the late 1980s under then-Gov. Bob Martinez.
And Crist's pick as the new head of the state Department of Environmental Protection is the agency's current deputy secretary, Mike Sole, who started at the DEP 16 years ago.
Crist's selections were praised by both environmentalists and developers. Edie Ousley of the Florida Home Builders Association called both men "outstanding," and Thom Rumberger of the Everglades Trust called them "inspired choices."
But both also carry some baggage. Pelham recently represented city officials in St. Pete Beach in a controversial case in which residents want to block development favored by the city. And Sole's past work has been criticized by Public Employees for Environmental Responsibility, among other groups.
Ken Weiss, who battled Pelham in court over a proposed referendum vote on changing St. Pete Beach's charter to give the voters more say on development decisions, was not happy. He noted that Pelham also represented Ormond Beach in a similar suit against a citizens' group.
"It's unfortunate that the governor chose a person who has consistently represented cities in opposition to the voice of the citizens," Weiss said.
Pelham said he was just acting as an attorney for city officials, and now he will be working "on behalf of the people of Florida as a whole." But he acknowledged that he will have to deal with a wave of similar uprisings over growth management now spreading across the state, including the Florida Hometown Democracy movement.
"We need to address it in such a way that the citizens have a right to participate fully while still protecting the integrity of our growth management process," he said.
Florida Hometown Democracy leader Ross Burnaman said he considers Pelham a friend and said Pelham "did a great job" when he ran the agency before.
As for Sole, Eric Draper of Audubon praised the new DEP secretary as "an honest broker" who "can be trusted to uphold our environmental laws."
But Jerry Phillips of Public Employees for Environmental Responsibility said he was "extremely disappointed" at Sole's promotion because the DEP now is "pretty much emasculated."
Linda Young of the Clean Water Network, who has been a persistent critic of the DEP's efforts to alter water quality standards and its track record on protecting wetlands, said she hopes Sole's experience will enable him to revitalize the agency.
"He was there before it became basically a lapdog of the Legislature," she said. "He remembers what it was like."
Environmentalists laud Crist's picks TALLAHASSEE — Environmentalists cheered Republican Gov.-elect Charlie Crist’s choices Thursday for new leaders of the agencies responsible for protecting Florida’s environment and overseeing growth management.Michael W. Sole was named secretary of the Department of Environmental Protection. Tom Pelham, 63, returns to a former job in charge of the Department of Community Affairs, which is the state’s land planning agency.
‘‘I know both men personally and, speaking from my organization’s perspective of deep concern for the health of our nation’s Everglades, Gov.-elect Charlie Crist could not have made a better choice,’’ said Thom Rumberger, chairman of Everglades Trust, an advocacy group.
Sole worked his way up through the ranks at environmental department. He was hailed as ‘‘an honest broker’’ by Eric Draper, deputy director for Audubon of Florida. ‘‘He can be trusted to uphold our environmental laws.’’
Sole is currently the department’s deputy secretary for regulatory programs and energy. He replaces Colleen Castille while Pelham takes over for Thaddeus Cohen. Castille and Cohen were appointed by outgoing Gov. Jeb Bush.
Linda Young, who heads the Clean Water Network and has been a vocal critic of the Bush administration’s environmental record, applauded Pelham’s selection as ‘‘an absolute dream choice’’ and was optimistic about Sole.
‘‘I’m hopeful that Crist is going to continue the types of environmental positions we’ve seen him have over the last 10 or 15 years,’’ Young said. ‘‘He has been very good on environmental issues.’’
Pelham, she said, was aggressive in holding local governments accountable for adhering to development rules when he headed the department under Gov. Bob Martinez in the late 1980s.
Crist, who named three agency heads Monday and two last week, said he planned no more announcements until after Christmas
Crist praised for 'outside the box' environmental
appointees Gov.-elect Charlie Crist tapped two environmental insiders Thursday to lead
the state agencies overseeing Florida's growth and environmental laws.
Thomas Pelham, who headed the Department of Community Affairs shortly after
Florida passed its landmark Growth Management Act in 1985, will return to the
job for Crist.
The incoming Republican governor also named Michael Sole, a longtime
administrator within the Department of Environmental Protection, to head that
agency.
''These two appointments really go hand-in-hand,'' Crist said. ''These two
departments have significant input as to how Florida grows, how she develops
and how she's protected.''
Pelham worked under then-Gov. Bob Martinez, a Republican, from 1987 to 1991
to phase in Florida's first real growth-management law trying to make local
governments build more roads as they allow development to chug along. He has
been critical of changes made over the years to allow development to sprawl on
without paying for transportation, water supplies and schools.
After lawmakers passed a revision to the law in 2005 to strengthen those
requirements, he questioned whether DCA had the staffing and expertise to
enforce the law.
Pelham said Thursday that addressing those concerns would be his first
priority.
''It's very important that this agency be adequately staffed to achieve its
mission,'' he said. ''The agency at the moment is missing a lot of positions.
We have a lot of vacancies.''
Sole has served as deputy secretary in DEP, an agency where he's worked for
16 years. There, he has overseen divisions supervising waste management and
wetlands protection.
Environmentalists praised both appointments.
''It's a lovely day,'' said Thom Rumberger, a prominent environmentalist
who lobbies for the Everglades Trust and knows both men.
Rumberger said the incoming governor was ''working way outside the box''
with both appointments.
Linda Young, director of the Florida Clean Water Network, wrote Crist a
letter asking him to name Pelham as DCA secretary, calling him ''an icon in
Florida's growth management history.''
''I hope this is an indication that Charlie Crist recognizes the growth
problem. We are pooping in the nest where the golden goose lives,'' Young
said.
Disputed land now will have 36 homes
Palm Beach Post Staff Writer
Friday, December 22, 2006
The 21 acres of dirt and grass off Jensen Beach Boulevard may not look like much, but they have been the battlefield for one of the more protracted and high-profile legal fights in Martin County.
The Pinecrest Lakes site is where an apartment complex stood until being torn down four years ago, as ordered by a local judge and the Florida Supreme Court, because it violated Martin County's growth rules.
On Thursday, though, peace reigned as a new development plan won approval.
The county's Development Review Committee gave developers permission to build 36 single-family homes on half-acre lots on the property north of Stuart, and neighbors not only didn't object but also offered praise.
The county commission does not have to approve the project because it's smaller than 50 units.
"It's still got to seep in at this point," said developer Kevin Sullivan, who expects to start building the homes in the next 90 days. "I came in today feeling optimistic but after everything that's happened I wasn't sure."
Sullivan built a 45-unit apartment complex called the Villas at Pinecrest Lakes in the 1990s, and neighbor Karen Shidel spent seven years fighting to get them destroyed. Shidel argued that they violated the county's comprehensive plan, its blueprint for growth, because the dense apartments were not compatible with neighboring single-family homes on 1-acre lots such as her home.
After Circuit Judge Larry Schack ruled in 1999 that the apartments had to be demolished and the Florida Supreme Court upheld his ruling, Sullivan was forced to pay to tear them down in 2002.
Shidel initially opposed the housing development that Sullivan proposed after the demolition because it called for 91 homes. But she said she is now satisfied with what she saw on the master plan approved on Thursday.
"We've come a long way, baby, since the apartments," Shidel said. "It's all single family and we're happy about that. On the surface this seems to be acceptable."
Shidel said Sullivan has also met county standards by preserving enough upland habitat and restoring some natural land.
Shidel's attorney, Virginia Sherlock, said opponents still have concerns because some of the proposed homes are two stories tall and on half-acre lots while the neighboring homes are mostly one story on 1-acre lots. But Sherlock said she doubted that neighbors would file any legal challenges.
Shidel said she is content.
"They are restoring some lost habitat and we're pretty happy to see those things," Shidel said. "At this point we're glad to see what they have done."
County, North Port unlikely to agree
NORTH PORT -- An attempt at a landmark agreement that would govern southern Sarasota County growth appears dead, possibly setting up a vote in March that could decide the scope of future development in North Port.County and North Port governments began meeting in September to forge an agreement about growth in the city, which has ballooned from 22,000 residents to more than 50,000 since 2000. The two sides set a Jan. 4 deadline on the agreement.
But North Port is close to walking away from talks after seeing a list of county demands that included cutting off much of North Port's annexation powers and granting Sarasota County a hand in planning major developments inside the city.
"I will not approve an agreement with anything that gives them the final say," said North Port Commissioner Jim Blucher. "I think we need to save this city some money and time and tell them they will not have the final word or there's no agreement."
With no meetings left before the Jan. 4 deadline, both sides are huddling among themselves and shaping two very different planning documents.
The county's desire is to check growth in a 103-square-mile city whose massive growth is straining South County roads, schools and other basic infrastructure.
North Port wants to retain its power to decide how much development it allows and where it might annex in the future.
County Commissioner Nora Patterson said it could be difficult for the county and city to meet and review changes to the planning agreement before Jan. 4. Some key county officials, including herself, will be out of town, she said.
And the number of deal breakers for both sides have multiplied in recent weeks.
The county wants to wait five years to make a decision regarding 3,600-plus acres south of the Thomas Ranch development, land that North Port wants to be able to annex in the future. North Port would need county approval to annex the land, which the county wants to keep low density.
Sarasota County is worried that North Port would take the land and put more residents there than the county wants.
"This is exactly where we got stuck in 2003," said City Attorney Rob Robinson of planning talks that failed three years ago.
But Patterson said she didn't expect the area south of Thomas Ranch to become an issue.
"You know it just seems to me that they have a full plate anyway," she said.
The county accused North Port of "cherry-picking" by including commercial property along U.S. 41 in its land annexation plans, while leaving out nearby trailer parks.
Now North Port is willing to annex the trailer parks if it can get portions of U.S. 41. But the county wants North Port to leave most of U.S. 41 alone.
County Commissioner Joe Barbetta said the county wants mutual planning along U.S. 41 to balance city and county costs in the area.
"We're just looking at this whole agreement as what's good for the entire county," he said. "And not allowing rampant growth without infrastructure."
Sarasota County brought North Port to the bargaining table under the threat of a referendum question that, if passed, would give the county control over city annexations in the future.
If the two sides can't agree Jan. 4, the county is poised to go forward with the ballot question in a March election.
The joint planning talks that began in September between the county and North Port also included Venice.
Venice and the county have the framework for an agreement in hand, but without a North Port agreement, the county has made it clear that it will go forward with a vote.
North Port has threatened to sue if the county tries to to take away the city's ability to annex land.
Group suing Riviera on Ocean Mall project
Palm Beach Post Staff Writer
Friday, December 22, 2006
RIVIERA BEACH — The group pushing for a referendum on revamping the Ocean Mall sued the city Thursday, a day after the city council rejected its efforts to put the $280 million deal before voters.
The Public Beach Coalition wants a judge to order the city to put three questions on the March 13 ballot. The coalition wants voters to decide whether the city's 11-acre beach should be used only for tourism and recreation, and whether the beach lease should be limited to 50 years and the building height to five stories.
"They've been antagonistic from beginning," John Jorgensen, the attorney who represents the coalition, said of the council members. "Unfortunately, it's another example of a local government sticking it to its citizens."
If voters approve the measures, it would virtually kill the city's deal with builder Dan Catalfumo by reducing the height of the proposed hotel and preventing the sale of condominiums on the property. Earlier this week, the council agreed to lease its public beach to Catalfumo for 50 years in order for him to build a 28-story Marriott hotel-condo and 60,000 square feet of shops and restaurants.
They also agreed to give Catalfumo an option to lease the public beach for 99 years if the petitions failed.
Mayor Michael Brown said the city council made the proper decision to reject the petitions seeking to place the issues on the ballot, based upon City Clerk Carrie Ward's recommendation.
"The council's decision is based upon sound legal advice," Brown said.
The coalition and Ward are at odds over the number of signatures needed to get a referendum question on the ballot. They also disagree over who can circulate and sign-off on the petitions signed by voters.
Ward said the Riviera Beach charter requires that the three petitions contain the signatures of 15 percent of the city's registered voters. She also contends that only the five-member petition committee can circulate and sign off on the petitions.
The coalition disagrees. It points to state law, which says 15 percent is only needed on the petitions that ask voters to repeal the council's October vote increasing the beach lease from 50 to 99 years.
On the two petitions that deal with solely changing the charter, the coalition points to Florida law which requires only 10 percent of the registered voters sign petitions to put those questions on the ballot. On all three petitions, the coalition said it has more than enough signatures.
A 1988 Florida attorney general's opinion supports the coalition's position. That opinion holds that state law prevails over municipal law when changing city charters.
The coalition said Ward is misinterpreting the charter and that it allows for anyone to circulate the petitions.
Ward tossed out thousands of signatures because non-committee members circulated and signed off on the petitions. She also said that non-Riviera Beach residents signed the petitions. As a result, the coalition fell well below the number of needed signatures under either the 10 percent or 15 percent standard.
On Wednesday night, the council sided with Ward and voted 4-1 to accept her recommendation to reject the petitions. Councilman Jim Jackson, who represents Singer Island, was the lone dissenter.
Initially, Ward refused to accept the petitions and Council Chairwoman Ann Iles had to intervene and have them transported by police to Supervisor of Elections Arthur Anderson's office.
On Nov. 21, Anderson certified the signatures as belonging to registered voters in Riviera Beach. According to his count, on the question of repealing the ordinance upping the beach lease to 99-years, the coalition did gather the required 15 percent, or 2,944 signatures.
On the two questions that seek to change the charter, Anderson verified 2,646 signatures on the land use questions and 2,682 on the height limitation.
Ward, however, only gave the coalition credit for 413 signatures on the 99-year lease petition.
On the other two petitions, Ward said the coalition failed to meet the 15 percent standard.
Despite state law, cities vary on what percentage of registered voters must sign a petition to place an issue on the ballot. For example, in Palm Beach Gardens, the city abides by state and uses 10 percent, while in West Palm Beach, petitioners need only 5 percent.
Attorney Joslyn Wilson, director of the attorney general's opinion's division, said she could not comment on how the attorney general's opinion would affect the Riviera Beach case. A majority of the council would have to vote to request her office to provide an opinion, Wilson said.
County OKs condo despite neighbors' objections
DELAND
-- A new beachfront condominium is being squeezed onto a narrow lot just north
of the Ormond Beach city limits in Ormond-by-the Sea.
The Volusia County Council voted 5-2 Thursday to rezone an acre across
State Road A1A near River Drive from "tourist" to "business
planned unit development." The change allows owner Paul Holub Jr. to
redevelop the Oceanic Motel, a 16-unit 1950s-era motor court motel, into a
10-floor, nine-unit condominium.
The project would add about $17 million to the county tax rolls, Holub
said.
"It's shocking. I am terribly disappointed," said Kelly Pirkle,
one of six residents who spoke against the rezoning.
She is president of the Ocean Shore Condominium Association, which abuts
the north side of Holub's property.
"This will block our views and change our lives dramatically,"
Pirkle said. "It's all about the taxes the county would receive."
Two beachside councilmen, Carl Persis and Jack Hayman, opposed the rezoning
during the two-hour public hearing.
"This is absolutely wrong," Persis said. "It's the most
inappropriate use of this site. Everything he asks for is pushed to the
maximum. He's hard-pressed to make this fit."
But the County Council made it fit.
By rezoning the 100-foot-wide lot, Holub can build a 115-foot-tall building
with only 15 feet separating the building and abutting property. Under the
tourist classification, Holub would have needed 46-foot side yard setbacks for
a 115-foot-tall condominium.
"This does not meet the existing zoning classification. It's too
close, too far (toward the beach) and too tall," said attorney Allen
Watts, representing the Ocean Shore condominium board which oversees the
nine-floor building. "A variance should not be granted in the guise of a
rezoning unless it benefits the adjoining properties."
A 13-floor condominium sits south of the site.
Holub and his attorney Jim Morris said the plans reduce the maximum uses of
the land that did include a club, hotel and convenience store that would
attract more traffic.
County Councilman Art Giles said he backed the rezoning after talking with
Ormond Beach Mayor Fred Costello, who said he had no problems with the height.
Persis countered that Ormond Beach voters recently approved a 75-foot
maximum building height.
Council members overrode the county's planning commission, which
recommended that the roof overhang not extend into the 15-foot side yard
setbacks. It also rejected a staff recommendation to lower the building height
to reduce the building's shadow from negatively affecting the dunes and beach.
County OKs road surcharge
DELAND
-- More than 1,000 property owners in West Highlands and Highland Park
subdivisions northwest of Orange City could see up to an additional $430 on
their property tax bills in the foreseeable future.
The Volusia County Council unanimously created a special assessment
district for the 438-acre subdivisions Thursday to fix and care for the 17
miles of non-maintained dirt roads that have trapped several emergency
vehicles over the years. The fixes may cost almost $3 million and the annual
maintenance cost is estimated at $231,000.
"It is not our intent to cause hardships but to take care of safety
issues that we have to take care of," County Councilman Dwight Lewis
said.
However, some of the 15 residents from the crowd of more than 100, said the
cost is "exorbitant" and could force people to lose their homes.
"I am on a fixed income that is never going to go up," resident
Harry Rickman said from his motorized wheelchair. "I have a SHIP house
and I can't borrow money (against the home's equity) or I'm out of a
house."
The subdivisions' 3,880 lots were platted in 1925 with dirt roads and
25-foot wide lots so it took three lots to build a home. Development was slow
until the late 1970s when Volusia County amended its land development codes
and accepted only four miles of the roads to maintain as dirt roads. The
others were left to the residents and some became nothing more than narrow
trails.
Development increased through the 1980s and 1990s and vehicle and
construction traffic turned many roads into sand pits.
Volusia County officials took a serious look at the problem this past
year.The plan presented and accepted Thursday was to seek bids to fix the
roads so they are 20-feet wide and passable. The work includes surveys,
clearing and grading the roads. The maximum cost is $2.95 million.The county
is pledging to contribute $500,000 in stormwater fees and some countywide road
funds to dig swales. That lowers the cost to $2.45 million for the residents
to repay over 10 years, including interest. The owner of three lots would pay
$251.52 annually.
Annual maintenance would add $178.61 for three lots.
Resident Mike Bradley said county officials should be contributing more
since they helped cause the problem.
"The county allowed building permits and ignored the growth issues
there," he said. "It's not right that we should be paying for county
mistakes. We pay the same taxes as someone on a county-maintained paved street
but we don't get equal services for equal taxes."
County officials said the costs are estimates and likely would be less, and
maintenance costs would be controlled by residents setting an acceptable level
of service as long as the roads do not become dangerous again, County Manager
Jim Dinneen said.
Other efforts to lower maintenance costs include a possible new surcharge
to building permits issued within the district to cover the damage to roads
caused by trucks. Officials also will look at developing a truck weight plan
to limit what trucks can travel on rural dirt roads and reviewing whether the
roads would be eligible for the dirt road-paving program.
Councilman Carl Persis even said he would like to eliminate the maintenance
assessments and just have the county pick up the tab.
"We thank Mr. Persis for that, but the original work being proposed is
too much and more than what we need or want," resident Patti Barnes said.
"They need to cut that down first."
County officials hope to have project bids in the spring to award a
contract and have the work done by the end of the summer. Final property
assessments would then be set and a maintenance program developed.
Group pressuring TruGreen to give up chemicals, go truly green
To get what they want, about two dozen protesters met at the Island Park Playground at the Bayfront to put pressure on TruGreen ChemLawn to stop using pesticides and go exclusively to organic fertilizers and more natural methods for lawns.
The Toxic Action Center is targeting TruGreen ChemLawn because it is the biggest lawn care company in the nation. The group hopes that if it can convince the company to change its practices, then other lawn-care companies will follow suit.
But TruGreen ChemLawn said the kind of lawns Floridians want don't come naturally. The company offers natural products, but they're not as popular because they're more costly and not as fast and effective, it says.
Toxic Action Committee members said that if residents understood the harm they were doing to the environment and the potential harm to their children and pets, they would stop hiring companies that use chemicals.
Committee members said they have gathered 700 pledge cards from area residents who say they won't use TruGreen ChemLawn's services until the company stops using pesticides.
Norman Goldenberg, corporate vice president for TruGreen, said the public isn't buying it.
"We have experimented with every kind of natural ingredient," Goldenberg said. "It takes much, much longer for them to take hold and they don't make the lawn greener. People want a lawn looking good as fast as they can and for as long as they can have it."
The company uses pesticides that are available at home improvement stores everywhere. He said his company follows all the safety guidelines and regulations for applying the chemicals and will even inform neighbors before applying lawn chemicals.
Florida's climate simply isn't conducive to the kinds of lawns popular in the northeast. A Florida-friendly yard requires less fertilizer and allows for water conservation. It usually includes more plants than grass and doesn't feature grass that needs a lot of water or fertilizer.
Goldenberg said that concerned residents can lobby the state and federal government to limit pesticides. But rather than go through the lengthy process of getting state and federal laws changed, the Toxic Action Committee says TruGreen ChemLawn can be a leader in the industry and set the example for other companies.
Homes project facing hurdles
CHUIN-WEI YAPThe 400-home plan has county officials concerned about high density and traffic.
Published December 22, 2006
DADE CITY - Another orange grove is slated to fall to bulldozers, if plans materialize to turn 100 acres on the outskirts of Dade City into about 400 single-family homes.
But regulators are already looking askance at the proposed four homes per acre, a density that might not sit well in an area largely characterized by low-density development and open land.
The project, driven by Bayshore-Broadway Developers of Clearwater, is tentatively called Citrus Ridge. It sits just north of St. Joe Road, between Ramsey Road and Skyline Drive.
Bayshore-Broadway is under contract to buy the property, which is owned by URADCO, a subsidiary of Withlacoochee River Electric Cooperative.
Plans filed at county offices show the developer styling Citrus Ridge after a "traditional neighborhood development," with alleys, rear-entry garages and a recreation center at the development's entrance. The planning and architectural style emphasizes communities with amenities within walking distance.
This is the second try for Geoffrey Weber of Bayshore-Broadway.
In the first round this year, Bayshore-Broadway took its proposal to Dade City officials.
Weber wanted the city to annex the property, but the City Commission in April voted down the idea.
Density and traffic were the city's biggest worries, City Attorney Karla Owens told Pasco zoning administrator Debra Zampetti in September.
"The average overall density citywide is 3.2 homes per acre," Owens said. "The developer had requested ... 4.02 (homes per acre)."
Owens said 11 people spoke in opposition at the public hearing in Dade City.
So Weber turned to Pasco County government - but he may not find more succor there, because the project's dimensions haven't changed much.
In a Nov. 20 letter to the developer's attorney, county staff members said they would not support a high-density "traditional neighborhood development" in northeast Pasco, and said only two homes per acre would be "deemed an acceptable density."
Pasco officials also thought the developer had only done a "cursory review" of the archaeological and historical aspects of the site, and wanted a deeper study.
And county planners want the developer to answer Dade City's concerns on traffic and density, among others.
It is unclear how - or if - Bayshore-Broadway responded. Weber did not return calls for comment Thursday.
The county is still reviewing his proposal, which would need blessings from the Development Review Committee and the County Commission if it is to get off the ground.
Chuin-Wei Yap covers growth and development. He can be reached at (813) 909-4613 or cyap@sptimes.com.County to act on flood map data
By TONY
BRITT tbritt@lakecityreporter.com
An estimated 16,000 parcels of land in Columbia County,
represented by 7,000 property owners, will be affected by new FEMA/Suwannee
River Water Management District flood maps.
Columbia County officials want to be sure local residents are aware of new
digital map findings that have redefined the flood zones and flood prone areas
and are willing to notify local landowners.
County officials unanimously voted in favor Thursday night - during a county
commission meeting - to budget no more than $25,000 to mail notification
letters to property and landowners in the affected areas.
“The mailing campaign primarily is to make sure that any property owner who
is going to be reclassified in terms of their property and the potential for
their property to flood, to make sure they know it,” said Dale Williams,
county manager, who addressed the board of commissioners with the proposed
mailing campaign. “It's important that they understand this is not the
county's work, the county did not prepare this data, but the county wants to
make sure, though, that it gets in the hands of the affected parcel owners,
because it could potentially affect them financially.”
Land and property owners have a 90-day appeal period to challenge the new map
readings and the appeals will be made through FEMA representatives.
Area lending and financial institutions as well as mortgage companies recently
met with Suwannee River Water Management District officials and discussed the
new maps.
As a result of the new maps, the county will have a mandate to adopt a
resolution for the new maps, as required by state and federal guidelines.
“Some of these areas already have flooding properties and the landowners
know it,” Williams said.
In addition to lending institutions and insurance companies, Williams said the
new maps will also have an effect on future building permits that maybe issued
on the property, future value of the property and whether or not flood
insurance will be required by homeowners if they have a mortgage.
This mail notification
campaign marks the first time the county has tried to contact the property
owners regarding new map information and Williams said officials have not been
able to find another county that has gone to such measures to notify its
residents.
“Most of the other counties did not have the capabilities, technologically
speaking, to identify the property owners without going through individual
addresses,” he said.
New I-75 interchange sought
Manatee officials are talking with DOT about the possibility
BY CHRISTOPHER O'DONNELL
Just a few feet away, traffic whizzes by at 70 mph or faster.
"I've seen it backed all the way across the bridge," said Rick Vaughn, a Parrish carpenter who commutes to south Venice.
With thousands more homes planned for North Manatee, the U.S. 301 exit in Ellenton is likely to become more dangerous and overburdened. That looming congestion is why county road planners are talking to the state Department of Transportation about a new I-75 interchange halfway between the U.S. 301 exit and Sunshine Skyway interchange.
"We've talked to the DOT about the concept," said Larry Mau, the county's transportation director. "The board and staff very much wants to get another entrance on I-75."
While the need for such an interchange is already apparent, several significant roadblocks to the project mean it would likely be years or even decades before one could be built, Mau said.
For starters, access would be by two new roads that have not even been built.
The project would have to compete for funding with other urgently needed road improvements. County officials say they have struggled to get state dollars for road projects since funding was cut in 2005.
And the interchange would have to meet stringent state and federal guidelines.
Consultants working on getting approval for a new I-75 interchange between Toledo Blade Boulevard and Kings Highway in North Port have spent roughly 18 months on a study and have not reached a final draft.
"If Manatee County decides to pursue this, they've got a lot of work ahead of them to get it done," said Mike Maholtz, a transportation planner with the Sarasota-Manatee Metropolitan Planning Organization, a panel of elected officials that prioritizes state and federal transportation projects in the bi-county area.
Based on its projected future population, Ellenton is considered an urban area for traffic planning purposes, Maholtz said. New interchanges cannot be built closer than within two miles of existing ones in urban areas, state standards say.
With roughly four miles separating the I-275 and U.S. 301 exits, the spot planners have picked would be right on that threshold.
The on and off ramps from southbound I-75 would be from 49th Avenue East, a new road that developers building homes in Ellenton have agreed to construct.
When built, the road will run parallel to I-75 from U.S. 301 to 69th Street East.
Northbound I-75 would have on and off ramps to a planned extension of 60th Avenue East.
That road, which would link Prime Outlets Mall in Ellenton to Buffalo Creek Road, is scheduled to be built by the county, although no funding for the project has been allocated.
The proposed interchange is another sign of how growth is transforming North Manatee.
Worried that roads were not keeping pace, county commissioners recently announced they would not approve more projects until developers came up with a plan to improve roads and sewer connections.
About 42,000 people live in North Manatee. That number is projected to rocket to 237,000 over the next 25 to 30 years, according to a study by a group of developers.
The numbers have left commissioners grappling to come up with ways to update a road network without completely disrupting the community's agricultural past.
County inquiries about adding an interchange at Buckeye Road were rebuffed by state officials, who said it was too close to the Moccasin Wallow Road interchange, said Commissioner Amy Stein, whose district includes much of northern Manatee County.
That failure has left her skeptical that the proposal for a new interchange between the U.S. 301 and I-275 exits will get off the ground.
"Maybe when the community is built out and completely urbanized, then it might qualify for another interchange," Stein said. "There's a big distance to go between here and there."
Advisory board turns tide against Karlton proposal
Nin-Hai TsengSentinel Staff Writer
December 22, 2006
TAVARES -- The site where the 5,200-home Karlton development was once proposed in south Lake County should stay rural, a county advisory board recommended Thursday.
The Local Planning Agency's suggestion is a reversal of what its members decided three months ago, when they voted to designate the 2,000-acre tract east of U.S. Highway 27 near Lake Louisa State Park as a so-called "workplace district," giving developers reason to continue pursuing the Karlton project.
Thursday's recommendation to keep the Karlton site rural came on the first day that three new members, all slow-growth advocates, took their seats on the nine-member planning agency: School Board member Cindy Barrow, Lake resident Peggy Belflower and Rob Kelly, president of the Citizens Coalition of Lake County. They have said development should be directed to Lake's 14 cities and that it made little sense to plop such a huge development in a rural area.
But Karlton supporters say it is only natural that development occur there, as nearly 7,000 people already live in the nearby Horizon West project in west Orange County. About 50,000 people are expected to move to Horizon West in the next 25 years.
"It's a moving target," said Steve Richey, a development attorney representing landowners of the Karlton site. "Until the process is over, you don't know what's going to happen."
Lake commissioners have the final say about how development will proceed in the county. Thursday's recommendation for the Karlton is among several on how to update the county's overall growth plan. It will guide how intensely land should be developed, which land should be conserved and how growth should be managed until 2025.
Karlton opponents saw the advisory board's decision as a first sign that the project may not progress easily. On May 30, county commissioners rejected Karlton but told representatives they could come back later.
"I think it ended up in the right place," said Clermont City Manager Wayne Saunders, who was at Thursday's meeting. For months, Saunders has been among the most vocal in opposing Karlton.
Saunders and others in south Lake previously failed to convince the planning agency that the area needed to remain rural. His concerns, however, prevailed with new members appointed to the planning agency that are all slow-growth advocates.
The vote was 6-2 with Nadine Foley and Sean Parks dissenting. Michael Carey was not at the meeting.
New commissioners Elaine Renick and Linda Stewart appointed Kelly and Belflower, respectively, and the School Board appointed Barrow.
"It was never Clermont's intention to make the area high-density residential," said Renick, a former Clermont City Council member who fought Karlton.
Renick and Stewart sat in the audience Thursday. It is unusual for county commissioners to sit in during the advisory board meetings, but that has changed lately as interest has grown in Lake's efforts to update its overall growth plan.
The planning agency is behind with its recommendations for the growth plan. Because of delays, state officials have ordered what amounts to a moratorium, halting proposals for thousands of new homes.
Nin-Hai Tseng can be reached at nhtseng@orlandosentinel.com or 352-742-5919.
Karlton
rejected again
Local
Planning Agency flips, denies 'workplace district' for huge South Lake
development
Joshua
Davidovich
Staff
Writer
TAVARES
- A proposed 5,000-home development near Clermont was rejected again after the
Local Planning Agency reversed an earlier decision that would have paved the
way for its construction.
The Lake County LPA voted 5-2 on Thursday to remove a "workplace
district" designation from a plot of land that would have become home to
Karlton, a proposed development east of Clermont. The huge mixed-use project
would have added thousands of homes to already crowded south Lake County, as
well as tens of thousands of square feet of office and commercial space.
The city of Clermont has opposed the project, and the Lake County Commission
rejected it last spring.
"I don't believe we need any more houses in the area. I think we need to
listen to Clermont here," said Cindy Barrow, a member of both the LPA and
School Board.
The move reverses an earlier LPA vote to designate the piece of land as a
workplace district, allowing both homes and offices.
The board's membership changed recently following the election to the county
commission of two slow-growth proponents, who wasted no time in ousting LPA
designees Richard Dunkel and Ann Dupee. The commissioners replaced them with
two other slow-growth advocates, Peggy Bellflower and Rob Kelly. Barrow, who
campaigned in the November election on a platform of school concurrency, is
also new to the LPA board.
County Commissioner Elaine Renick, who replaced Karlton supporter Dupee with
Kelly, was visibly excited after the vote. A former Clermont City Council
member, she said getting rid of Karlton was one of her main objectives after
putting new members on the LPA.
"I can't help but be happy," she said. "I thought everything
Clermont asked for was right."
The discussion came as part of the planning process for the long overdue
20-year Comprehensive Land Use Plan. Each city was to be given time to bring
various issues forward Thursday, though the agency only had time to hear from
seven of the 14 Lake County cities.
LPA chairman Barbara Newman was one of three remaining board members at the
meeting who had previously voted for Karlton. Unlike Sean Parks and Nadine
Foley, though, she changed her vote the second time around.
"I agreed with what Sean and Nadine had to say, but I recalled seeing
everybody's faces after the last vote," she said. "We're trying
really hard to work with the cities and accommodate their wishes if we
can."
Both Parks and Foley argued in favor of the development, saying it would bring
high-paying jobs to the area and would fit in well with the 37,000 home
Horizon West development going in on the other side of Lake-Orange line.
"We are planning for 2025, and we need to look ahead to put some of these
things on the map in logical places," Foley said. "We are not an
island. We need better places for people to live and work."
However, LPA member David Jordan took the opposite view.
"I do consider ourselves an island, because the state created 67
counties," he said.
The agency voted to keep the land under a rural designation that will limit
density to one dwelling unit per acre.
Clermont officials, who had earlier complained that the county was ignoring
their planning requests around the city, were pleased with the LPA's decision.
"Horizon West will be a pressure," City Manager Wayne Saunders said.
"But development needs to be from the city out, not the other way
around."
Council OKs voluntary annex
By DAVE PIEKLIKThe Inverness City Council voted Tuesday to adopt an ordinance allowing a family to vol-untarily annex land they own into the city, with plans to develop the property.
The council voted 4-1 to allow the Roscow family to seek voluntary annexation of 165 acres of land off East Turner Camp Road. State law allows voluntary annexation as long as the property is relatively compact and doesn’t create enclaves.
The family is seeking a Comprehensive Plan Amendment to change the land use designa-tion, which is currently low intensity coastal lakes. Plans have not yet been disclosed as to what the intended use of the land will be.
The ordinance was passed after a public hearing where little opposition was voiced, ex-cept for a man concerned with the impact on traffic.
The council also accepted preliminary plat plans for two developments planned for north of downtown. Work is set to begin by Jan. 2008 on Parsley Lake Villages, a 28-acre development to be build off U.S. 41 north of the Inverness Middle School.
The development will feature 93 single-family homes and 150 condos, according to plans. The council also accepted preliminary plans for the Loewy subdivision, a 10-acre subdivision roughly east of Parsley Lake.
The Loewy subdivision is expected to feature 34 single-family homes and 20 “patio/villa” homes. Work there is expected to begin in July 2007.
The council also approved a final closeout agreement with McCree Inc. of Orlando, the builder of the new Inverness Government Center. The council approved payment of $255,468 associated with disagreements over final costs for the $5.8-million project.
The money will be taken from city contingency funds.
The city and McCree entered into mediation to resolve the issue. City Manager Frank Di-Giovanni was quick to point out the city was very pleased with the company’s work.
“We ended up with an excellent building,” he said, “and something we as the community will forever be proud of.”
DiGiovanni also added the project, which went about 4 percent over what had been budg-eted, had the lowest cost differential than anything else the city’s ever seen.
“I will agree 4 percent over is not particularly a big over,” council president Marc Wig-more said.
Miners, residents debate merits of buffer zone
By JIM ROSS, Times Staff Writer
Published December 22, 2006
Mining got the most attention Thursday, but it wasn't the only topic the Planning and Development Review Board tackled:
-The County Commission doesn't mind if developers seek a planned development overlay, or PDO, for projects in the coastal high hazard area.
But if those PDOs involve residential development, the commission doesn't want the project to exceed the density that already has been established for the land.
And the commission wants final say on approval.
With that direction from the commission, county staffers drafted a proposed change to the land development code.
The planning board briefly discussed the issue, and it heard from one major opponent: attorney Clark Stillwell.
"This is a bad policy," he said.
Stillwell said the planning board and County Commission previously told him the planned development overlay option would be available to his clients who have land in the hazard area.
They made business plans based on that assurance and now feel like victims of a bait-and-switch, Stillwell said.
A planned development overlay is basically a master plan for a project. Public comment is a part of the process. Developers seek PDOs when they want to increase density or vary some development standards.
The coastal high hazard area is the part of Citrus - land west of U.S. 19 and even some areas just east of the highway - that would flood in a major hurricane.
The planning board will hold another workshop on Jan. 18 and later hold a hearing, where it will announce its recommendation. The County Commission will have the final say.
-The board considered a proposed rule that would restrict some outdoor sales events.
Under this rule, any sale held on land outside a business would have to feature items related to the business. In other words, a sale in front of a car dealership could feature motor vehicles of some type but not sunglasses or pets.
A final hearing is set for Jan. 18; the commission will have the final say.
By Terry Witt
A county proposal to bar new and expanding mines from operating no closer than 3,000 feet from the nearest residence met with strong community support Tuesday, but stiff resistance from mining interests.
The county’s Planning and Development Review Board made no decision about the mining setback, but asked its staff to bring back more information about how state law restricts the county’s power to regulate mining. The board also asked for a copy of the county’s noise ordinance.
Board members also separated the mining setback from other land use amendments that were to be part of the same ordinance. The mining setback, because of its complexity and community interest, will be discussed separately at a Jan. 18 workshop.
Noise and ground vibration from the Hollinswood Ranch limestone mine in northwestern Citrus County has triggered public debate about whether there is a need for a 3,000-foot mining setback to protect residential areas of Citrus County. The mine’s owner, Dixie Hollins, said his operation meets state guidelines.
But residents of West River Road north of the mine and their neighbors across the Withlacoochee River in the Levy County cities of Inglis and Yankeetown fear any northward expansion of the mine would threaten drinking water supplies and damage homes and property.
Inglis Commissioner Roy Smith said the proposal Hollins submitted earlier this year for an expansion of his mine would have placed mining activities within a mile of the town’s center. He said Citrus and Levy counties have always been good neighbors and he wants that practice to continue.
“I really think you need to respect people on both sides of the river,” he said.
For many years, the county used the 3,000-foot setback as the barrier between mining activities and residential areas, but the buffer was removed from the land development code a few years ago, according to Clark Stillwell, attorney for Hollins.
He said the county is now pre-empted by state law from regulating ground vibration or the over-blast from explosives used in mining. He said the State Fire Marshal’s office regulates those activities, not the county.
Hollins said he would be willing to modify his mining operations to reduce the noise, including using electric motors on some of the diesel-powered engines at the mine.
Stillwell said any decision about the setback should be based on scientific testing.
“We would welcome testing,” he said.
Attorney Jim Neal, representing Crystal River Quarries, said limestone mining is a crucial element in the construction of homes, roads and bridges, and he said the setback would seriously impede mining activities planned by his client in Lecanto.
Attorney Carl Bertoch, representing residents living near the Hollins mine, said it was only the proposed expansion of mining activities at the Hollins mine that resulted in the 3,000-foot setback resurfacing as an issue, “under the guise of ‘preemption by the State Fire Marshal’s Office.’”
He said the 3,000-foot setback has served the county well since it was implemented in the 1980s to separate active mining activities from residential land uses. He said it was a reasonable solution then that mining interests supported.
Bertoch, in a Dec. 20 letter to the county, said while it’s true the county moved the 3,000-foot setback out of the land development code and placed it under an ordinance governing noise and vibration, it is still a land use issue.
Bertoch said everyone agrees that regulating the use of explosives requires a high level of regulatory control. He said explosives are harmful and standards are needed.
“However, the separation between land uses is a separate and distinct issue,” he wrote. “The county recognized the inherent concern that mining does include factors beyond the use of explosives. Mining not only generates high noise levels in its operations, but emits air contaminates as well (and) is guilty of other objectionable activities, which are best served by separating such use from nearby residential communities.”
He said he is unaware of any judicial ruling or opinion that prohibits the county from controlling land uses simply because the State Fire Marshal has the power to regulate explosives.
Earlier this year, Hollins withdrew his application for a special development district that would allow expansion of the mine and development of commercial and industrial land within the 1,500 acres he owns between the Cross Florida Barge Canal and the river.
Since then, he has filed an application with the Florida Department of Environmental Protection for an environmental resource permit to address wetland and stormwater issues on the same piece of property. The county says the application is for the same project.
Assistant County Attorney Michele Lieberman agrees the county is pre-empted by state law from regulating the overblast and ground vibration caused by use of explosives in mining operations, but she said the county can regulate noise from trucks and mining machinery.
Development Services Director Gary Maidhof said the proposed 3,000-foot mining setback that county commissioners suggested was intended as a setback and a community standard, not as a mining regulation, and he believes the county is empowered to make such decisions.
Firm pulls request for Groveland cement plantRoxanne Brown
Staff Writer
GROVELAND - Members of Gateway Church and other neighbors of a proposed ready-mix cement plant on County Road 565A had their prayers answered Monday night when two companies withdrew their application for a special exception permit.
"We prayed about it and we don't mean any harm against this company. We want them to find a place," said Pastor Ed Sattesahn. "But it doesn't need to be in the middle of a residential community."
Central Florida Prestige Properties LLC and Deering Rentals LLC had asked the city for a Special Exception Use to permit an industrial land use, allowing the cement plant.
According to planner Michael Wheeler, the special exception would have been necessary because of the plant's effects on the neighborhood. The terms of the exception would have required extra landscape buffering and maximum noise level restrictions.
But during the meeting, the applicants withdrew the application before the council could vote. No reason was given.
Gateway's administrative assistant, Jan Welborn, said the opposition effort began when a notice about the plant arrived at the church. The law requires such notices be sent to all those within 200 feet of the site.
However, church officials quickly realized that no other neighbors, which include Marsh Hammock, Crane's Landing, Courtyard Villas and Green Valley, had received notices.
Sattesahn and other members changed that, contacting home owner's associations and residents.
More than 500 signatures opposing the plant were ultimately presented to the city.
"We were pleased. We give God the credit for (us) getting the letter, realizing what it was and finding out what was going on," said Welborn.
Sattesahn said he used the Internet to research the effect concrete plants have on neighborhoods. He said he never before thought about the impact of the plants' chemicals, dust, noise and added traffic.
Welborn said they were told that the plant's main production times would be from 10 p.m. to 6 a.m. Though the church's staff would likely be gone, residents are usually trying to sleep at that time, she said.
Welborn said they were also told that the plant would generate about 90 trips a day of dump trucks and heavy equipment on County Road 565A, which she said was not good for the road nor safe for nearby residents.
Welborn said the proximity of South Lake High School just south of the site puts a lot of inexperienced drivers on 565A.
Though plant owners told Sattesahn the plant would be closed Sunday, the pastor noted that Gateway, like most churches, have more activities on the schedule than just Sunday services. Sattesahn said Gateway has about 10 employees and many nights of classes and activities.
"I want the owners to find a site that is conducive to everyone's needs. I want good to come out of this," said Sattesahn. "This experience has also opened my eyes a little bit in realizing that community members need to get more involved in their community. "
Sattesahn said he would like to meet with Mayor Elect Matthew Baumann to "hear his heart."
"We're happy we got this done. One person could not have done it alone," he said.
Attorney Steve Richey, representing the companies, and owner Thomas Lange could not be reached for comment.
Pig weed is no stranger, but now there's a strain so powerful it's been nicknamed a "monster weed."
Jackson County Agriculture Extension Director Ed Jowers said the problem can be compared to a medical phenomenon.
"In the human body, certain diseases can build up a resistance to antibiotics. It's the same principal, in a way. With the continued use of (the herbicide) Round-up, there are always a few hearty weeds that resist it, and they produce a seed that's resistant, too. After a few years, you've got a build-up of these and it can be a big threat."
Experts say the stronger weed may force farmers to take some aggressive measures they'd abandoned long ago.
Jowers said that could translate into a return to mechanical removal, that is, plowing the weeds under. Round-up's effectiveness in the past had allowed farmers to avoid that step.
And that was a good thing: Not plowing under helped save labor, decreased the potential for erosion, and kept fuel costs down.
Another option farmers must consider in battling the monster weed is a return to chemical applications before planting. That way, the weed might not have a chance to get out of the ground. But doing that will drive fuel and labor costs up.
Additionally, farmers may have to resort to some harsher chemicals that they'd been able to avoid, thanks to Round-up. Jowers said, though, that option doesn't necessarily mean a drastic environmental threat.
"Most of the chemicals we use nowadays are certainly not nearly as much of a threat to the environment as some of those used in the past," Jowers said.
At any rate, he said, local farmers are keeping an eye on the problem.
Although there are no reported massive outbreaks in Florida just yet, some producers are already making plans in case it does strike here.
"You can believe that our producers are well aware that there's a resistance; it's in all the trade magazines and they know it's building."
Jowers said his office passes on information as it becomes available.
Feed Stores Go From Hogs To Dogs
Published: Dec 16, 2006
PLANT CITY - More than a decade has passed since Bill Glisson sat his family down and explained he was going to quit his comfortable corporate job and start selling hay.
For his daughter, Joanna, the memory is as vivid as if it were yesterday.
"It was like, you're going to do WHAT?" said Joanna Glisson, who at age 24 is just learning the ropes of her father's burgeoning business, The Hay Exchange.
With subdivisions sprouting like mushrooms in former cattle pastures, it is difficult to fathom the future prospects of feeding livestock for a living. Yet The Hay Exchange at 4950 U.S. 92 W., just west of Turkey Creek Road, not only thrives, it is growing at a phenomenal pace.
So is Southside Farm & Pet Supply, a fixture at 3012 S. James L. Redman Parkway for more than half a century. Owner Dennis Der, who bought the family business in 1978, is in the midst of a major expansion project.
Both enterprises, like Harold's Feed & Pet Supply in Dover and many other successful businesses that have long served the area's agricultural community, are a study in Darwinian evolution and survival of the fittest.
"You've got to change and adapt," Der said.
For Southside, the addition of the word "pet" to the business' name two years ago marked the old feed store's transition from hogs to dogs as a primary market.
"Most all the hogs are gone now, except for show stock. So are the cattle," Der said.
Horses, which appeal to the new breed of rural suburbanites, have increased in market share over the years, he said. It is dogs, cats and birds, however, that are defining the shape of things to come: a rustic 13,200-square-foot building - "kind of like a Cracker Barrel with color" - that will house a retail operation featuring Western wear, boots, saddles, and pet and livestock supplies.
The concept is part of the Purina Mills Premier Store Program, which offers design, consulting and promotional services to update the nation's family operations.
Sooner or later, PetSmart and other chains will be coming to Hillsborough County's last frontier and Der aims to be ready.
"So many mom-and-pop stores are still old, dirty feed stores and the modern shopper won't go there," said Der, who was still in high school when he purchased Southside 29 years ago and built the business through trial and error.
Tropical fish, for instance "didn't do well at all." They are no longer part of Southside's inventory.
When the new building is completed sometime next year, Der plans to move a dog grooming operation into the part of the old building that houses a veterinary clinic. The vet clinic will add a doctor and expand into the 3,500-square-foot portion of the old feed store that contains a growing inventory of farm and pet supplies - from halters, wormers and feed buckets to dog sofas, jeweled collars and hand-raised parrots.
"That'll move us into the future with the pets," Der said.
Living Large
That is not to say there is no longer a local market for farm animals and their needs.
Southside, like most traditional feed stores, continues to carry a wide variety of feed and supplies for all types of critters - bunny bedding, chicken feed, corral panels, livestock feed, hay and electric fencing.
Although The Hay Exchange offers many products for pampered pets, Glisson has managed to keep livestock the focus of his business.
The former sales manager for Manna Pro feeds, who began brokering hay from his home in 1995, opened his first warehouse location two years later on Dr. Martin L. King Jr. Boulevard, just east of Alexander Street. The business quickly outgrew the 3,500-square-foot facility.
In October 2001, Glisson moved the operation to its current location, where truckloads of hay from throughout North America quickly filled a warehouse more than three times the size of the one on MLK. Last year brought a 10,000-square-foot addition to accommodate a planned expansion into horse feeds.
"People like getting their feed and hay and supplies all in one place," said Leon Addison, who manages the retail end of the operation.
But first Glisson had to secure a zoning variance from the county, a yearlong process completed this fall. In October, The Hay Exchange began selling the first bags of long-awaited feed.
"The response has been fantastic," Addison said.
Meanwhile, up to 30 truckloads of hay - averaging 600 bales per truck - move through the main warehouse each week, destined for barns in Brandon, Valrico, Plant City and some 175 feed stores throughout the state.
"We supply feed stores from Jacksonville to Homestead," said Frank Narvaez, who has managed the wholesale end of the operation since Glisson opened the first store.
Many regular customers will drive from surrounding counties to buy from The Hay Exchange direct.
"About 25 percent of our business is walk-ins," Narvaez said. "We're growing that with the feed."
The Hay Exchange also supplies the Caribbean and South and Central America.
"There's a good chance that if you take a carriage ride in the Caribbean, that horse has been fed hay from The Hay Exchange," said Glisson, who credits his broad market area and loyal employees for the company's ability to weather the changing landscape of the livestock business.
Customer Service
Anthony Richardson has seen two or three local feed stores close their doors in the six years he's worked for Harold's on State Road 574 (Dr. Martin L. King Jr. Boulevard) at McIntosh Road in Dover.
Yet Harold's, which was bought in 1997 by Bill Burnette and his son, Bill Burnette Jr., is bursting at the seams with customers and inventory.
"We're packed to the ceilings," said Richardson, who has witnessed the transformation in the store's customer base over the years as subdivisions have supplanted farms in the area.
"The horse customer will still drive a little distance," he said. "Our pet business has gone dramatically up in recent years."
With no room to expand, Harold's somehow manages to stock a full complement of farm and livestock supplies and has squeezed an array of pet products into the mix.
Outside, huge round rolls of horse-quality hay - once a seasonal winter product - line the parking lot year-round, a testament to the dwindling equine grazing land.
Times are changing, but one thing will never change, Bill Burnette Jr. said
The key to success, he said, is service, service and more service.
"The customer is what you have to take care of," he said.
Other successful feed store owners concur.
"We try to keep everyone on a name-by-name basis," Narvaez said. "We try to keep it friendly here."
Reporter Jan Hollingsworth can be reached at (813) 865-4436 or jhollingsworth@tampatrib.com.
Florida growth goes from wild to mild
Population experts point to economic factors that are cooling the Sunshine State's appeal.
Babita PersaudSentinel Staff Writer
December 22, 2006
For those who gripe that Florida is growing too fast, you may have gotten your wish.
A U.S. census report out today shows that the boom for the Sunshine State has slowed, with Florida growing only 1.8 percent in 2006 after back-to-back years of adding more than 2 percent to the population.
So, is this just a blip?
"No," said Stefan Rayer, research demographer at the University of Florida's Bureau of Economic and Business Research. "It's back to normal."
In 2005, Florida was ranked No. 4 in the list of fast-growing states, just behind Nevada, Arizona and Idaho.
This year, Florida slips to No. 9.
William Frey, a demographer with The Brookings Institution, a Washington, D.C., think tank, said economics is playing a role.
"Generally, people are moving where it is not so pricey," he said.
And that is not Florida, he said.
Before, a few states were the select hot spots. Now, people are spreading around, Frey said. "They are going where housing is affordable."
Florida's existing-home median price -- half the homes sold for more, half for less -- tops $240,000. Costs are higher in markets such as Orlando -- at a quarter-million dollars -- and South Florida, where many homes are fetching $350,000.
On top of a mortgage, for those who do buy, insurance costs have skyrocketed. Some premiums are up by more than 25 percent since the 2004 hurricane season.
The impact is starting to ripple throughout the state: Home sales are down more than 20 percent, school enrollment shrank in the fall student count, and state government is preparing for a revenue drop based on population projections.
"Florida is still strong economically, and that will continue," said Sean Snaith, director of the University of Central Florida's Institute for Economic Competitiveness. "But the momentum has slowed."
Across other parts of the South, the 2005 tropical-storm season was a factor.
Before Hurricane Katrina, Louisiana's population was on the rise, growing by 12,000 to 4.5 million by mid-2005.
By the July 2006 count, Louisiana had lost nearly 220,000 residents, about 5 percent.
Where did they go?
Rayer said Katrina's effect on Florida was probably "marginal," but "Georgia, North Carolina, Texas -- in those states, Katrina is playing a role." All grew by more than2 percent.
Census issues state population figures annually in December. The period of collecting the 2006 data runs from July 1, 2005, to July 1, 2006.
Other findings in the new census report:
Arizona was the nation's fastest-growing state at a 3.6 percent change, breaking Nevada's grip on the title.
The Northeast region grew by only 62,000 people. In contrast, the South grew by 1.5 million and the West by 1 million. The Midwest added 281,000 people.
The South now accounts for 36 percent of the nation's total population, with the West comprising 23 percent, the Midwest 22 percent and the Northeast 18 percent.
Florida remains the fourth-most populous state, with 18.1 million people. More than 321,000 moved here in 2006, off from the 401,000 who showed up between 2005 and 2005.
From the perspective of Priya Rajan, a Central Florida Realtor, "It is not bubbling as much as last year."
The Orlando Regional Realtor Association projects that 2006 sales will finish above 2004 but below 2005's red-hot tally of 31,230.
So does that mean less traffic jams for Orlando?
Think again.
Orlando's rate of growth has hovered around 3 percent in the past few years, Rayer said.
"Of the large metropolitan areas in Florida, Orlando remains the fastest growing," Rayer said.
Babita Persaud can be reached at bpersaud@orlandosentinel.com or 407-420-6088.
Will big Newberry proposal get vote?
A Gainesville resident who filed a legal challenge to regulatory changes that would allow a controversial mixed-use development on Newberry Road said Wednesday he would drop the matter if the changes are put to voters.The proposal by Brad Stith, who lives in the area, came at a negotiating session among Alachua County, the state Department of Community Affairs, the developers of the proposed Newberry Village and Stith.
"We think repeal of the amendment would be a reasonable way to resolve this. Short of repeal, my client is willing to resolve his concerns if the county simply put this amendment to a referendum vote," said Stith's attorney, Ross Stafford Burnaman of Tallahassee. "Should the amendment receive a majority vote, Mr. Stith would drop his case and go away. Should the amendment fail he would expect the applicant would refrain from filing the amendment in a reconfigured form."
An Alachua County official said the Commission will likely consider a referendum. If the matter did go to a referendum and was approved, the project would still need to address state concerns, officials said.
County commissioners in August voted 3-2 to approve a comprehensive plan amendment that would allow for construction of Newberry Village, a proposed new urbanist development of 900 residences, 240,000 square feet of commercial space and 27,000 square feet of office space. The amendment allows expansion of a geographically defined activity center — which allows more intense retail — to include the land proposed for Newberry Village.
Newberry Village is controversial because of the traffic it could potentially generate, particularly on burdened Newberry Road — part of the state strategic transportation system.
The Miami development firm New Urban Works wants to create an exception area to state traffic concurrency laws by running buses between Newberry Village and The Oaks Mall, where riders can hop on Gainesville Regional Transit System buses.
But the state found the amendment to be not in compliance because of traffic concerns. Stith joined in the challenge.
Several residents opposed to the changes attended the negotiations. More than 500 have signed petitions.
New Urban Works' Gainesville attorney David Coffey said more traffic data has been sent to the state to show the impact of Newberry Village.
Department of Community Affairs Attorney Kelly Martinson said the data has not been analyzed.
"(The agency) is always concerned about the road network and how amendments will impact roads, especially those in the strategic system," Martinson said, adding the agency wants to try to resolve the differences.
The sides agreed to meet again in January.
County Growth Management Director Rick Drummond said that if Stith's proposal for a referendum vote remains open, the County Commission will likely consider it. Drummond added that a statewide effort was launched in recent years to require all plan amendments be put to voters. Holding votes on complex amendments could be difficult, he said.
"I can't imagine how we would hold a referendum in a manner that the issues would be understandable because there are limitations on referenda that they be single items and be relatively short," Drummond said. "My guess is (Stith's proposal) would have to be put in writing and would have to go to the commission for their consideration. The devil is in the details on how that would be structured."
Cindy Swirko can be reached at 374-5024 or swirkoc@gville sun.com
Dec 20, 2006
Developer cut brush illegally, board rules
DELAND
-- A developer acted illegally in November by cutting underbrush along the
scenic drive near Ormond Beach called The Loop, the Volusia County Code
Enforcement Board ruled Wednesday.
Code Enforcement Board members cited McCarthy Builders for not complying
with county codes for cutting underbrush along the right of way of Old Dixie
Highway.
The cutting occurred on the west side of the unpaved road between
Sanctuary Drive, also known as La Toscana Rotonda, and Sanctuary Court, also
known as Vista Della Toscana.
Wednesday's order directs McCarthy Builders to take corrective action
under the direction of county officials to comply with city codes by Feb. 2,
or face fines of up to $1,000 a day. Another hearing is scheduled Feb. 2 to
determine compliance .
The Ormond Loop Scenic Corridor is considered the most beautiful local
drive. Running between Interstate 95 and Ormond Beach, the drive passes
through hammock, pine land, estuary marsh, old growth forest and primeval
forest
Ex-Commissioner Page sentenced to 3 1/2 years on corruption charges
Mark SchluebSentinel Staff Writer
December 21, 2006
Ousted Orlando Commissioner Ernest Page was sentenced to 31/2 years in prison Wednesday for trying to profit from his position on the City Council.
Page, who battled back from a previous conviction to spend more than a decade in office and serve a short stint as Orlando's first black mayor, showed little reaction as he was led from the courtroom in handcuffs.
A few hours later, shortly after 9 p.m., Page was released on $5,000 bail and emerged from the Orange County Jail and got into a white BMW sedan.
"Just trying to get back to my family," he told reporters.
Page's sentence on two second-degree-felony corruption charges is the most severe among a spate of penalties given this year to Central Florida politicians, including a state senator and a property appraiser. That prompted loud accusations of racism from supporters who stormed out of the courtroom.
"There are white politicians being paid by developers, and they're not being charged with any crimes. It's racism in America," said Ann Carter, who worked on Page's 2004 campaign.
Page's attorney asked Circuit Judge Jeffrey Fleming for leniency, saying the impoverished community that Page serves as the head of a nonprofit agency would suffer if he is behind bars.
'A very severe sentence'
Attorney Andrew Zelman said Page already has been punished, because a felon cannot hold office again and must forfeit his state pension.
"A 31/2-year sentence for a 64-year-old man who has lost his pension and lost his career is a very severe sentence," Zelman said. "It's disappointing."
Fleming listened to testimony from Page's supporters about his work helping residents of southwest Orlando. Mavis Walcott, president of Pine Crest Homeowners Association and a board member of Page's nonprofit group, said Page regularly bought food and toys for the underprivileged and sometimes paid utility bills for those who had fallen behind.
Page himself testified about growing up in the projects of Griffin Park, attending college and devoting himself to the betterment of his community.
"My commitment, as well as my family's commitment, is to work to improve the community," he said.
Fleming said he did not doubt Page's good deeds. But in the end, the judge followed state sentencing guidelines for the crime, which was punishable by up to 15 years in prison on each charge. The state formula gave weight to Page's previous conviction in 1983, when he was jailed for eight months for buying stolen office equipment.
"The nature of the crimes of which you've been convicted victimize society as a whole, as do all crimes, but . . . your constituents are individual victims as well," Fleming said. "The court has to balance the seriousness of these crimes . . . against your history here in the community of doing good works."
In September, a jury found Page guilty of bribery and receiving unlawful compensation for an official action. Prosecutors said he threatened to use his political authority to kill a condo-conversion project unless the developers included his own community-development group, Southwest United Communities, in the deal.
Appeal could take a year
Fleming agreed, however, to allow Page to post bail and remain free while he appeals his conviction, a process that could take a year or more.
The conviction was among the first from State Attorney Lawson Lamar's new anti-corruption division. Assistant State Attorneys Steve Foster and Greg Tynan, who prosecuted the case, said the people of Central Florida should be pleased by the penalty.
"The citizens of our community should feel good that law enforcement and the state attorney are looking at how government operates and trying to make sure corruption does not get a stranglehold on elected officials," Foster said.
Page's supporters accused prosecutors of being unfair to black politicians, including state Sen. Gary Siplin, D-Orlando, who was sentenced last month to probation for using state employees on his re-election campaign. Floyd Frazier, a friend and board member of Page's nonprofit group, said Orange County Mayor Rich Crotty is an example of a white politician receiving better treatment.
Comparisons to Crotty case
Earlier this year, a special prosecutor cleared Crotty of wrongdoing after he more than doubled his investment with a real-estate developer who often does business with the county.
"Crotty made $112,000 -- the mob doesn't make that kind of money," Frazier bellowed repeatedly outside the courtroom. "There is a slave mentality in this community. Page and Siplin were the only two fighting for our community."
The Rev. Randolph Bracy of New Covenant Baptist Church of Orlando called the sentencing "very unfortunate."
"Since I have been in this town for more than 15 years, he has been a mainstay on the political scene," he said of Page. "The idea of African-American leadership again and again seems to be called into question. Black leadership is being impugned."
But newly elected state Rep. Geraldine Thompson, who is black, said she sees no discriminatory pattern of prosecution. Thompson cited the case of former Osceola County Property Appraiser Bob Day, a white official who was convicted in October of felony grand theft for having county employees do personal chores for him.
"Elected officials are just being held to a higher standard. You have to be prepared when you seek elected office to comport yourself in a way that is in the best interest of the community," Thompson said.
Suspended since March 1
Page has been suspended from office since his arrest March 1. Now that Page has been sentenced, Gov. Jeb Bush is expected to issue an executive order removing him permanently.
Retired police Capt. Sam Ings was elected in May to represent District 6 temporarily, but -- with Page's absence now permanent -- the city charter requires another election.
City officials expect to receive official word today from the Governor's Office. At that time, the City Council will have 10 days to call an election, which must then be held within 45 days. Ings has said he will run for the seat again.
Jeff Kunerth and Willoughby Mariano of the Sentinel staff contributed to this report. Mark Schlueb can be reached at mschlueb@orlandosentinel.com or 407-420-5417.
County adopts springs
protection amendment
By a unanimous vote, the commission adopted a springs protection amendment to the county's comprehensive plan that will direct future development in a way that safeguards the county's drinking water supply.
"It's no doubt one of the most substantial and comprehensive set of changes in the state geared toward protecting our resources, specifically springs," said Troy Kuphal, county water resource manager, after the meeting. "They have something that staff supports, developers support and environmentalists support ... When everybody supports something, you can all move forward."
The amendment must be sent within 10 days to the state Department of Community Affairs, which has 45 days to review and respond to the comprehensive plan changes.
"The state can find it in compliance or not in compliance with the county's comp plan," said county Assistant Planning Director Jimmy Massey. "If they find it in compliance, it's good to go."
If the state says the amendment does not comply, the state DCA and the county will enter negotiations to create an acceptable document.
The amendment as approved by the commission Wednesday calls for the adoption of new county land development regulations, known as LDRs, which contain specific requirements that must be met to ensure that development in spring protection zones is compatible with the geology and hydrology of the area.
Those regulations, which are expected to be adopted in July, will be designed to reduce pollutants going into the aquifer from where drinking water is drawn.
The commission will conduct a series of workshops beginning in February to work on those new, stricter regulations. That is when the commission is likely to feel pressure from developers.
"They adapt," Commission Chairman Stan McClain said about developers. "This is a document they can go to and figure out what they have to do and what it will cost them. .Ê.Ê. More importantly, we have given the people of Marion County a certain assurance that we are going to have a future water supply, a good and safe, clean water supply."
The amendment also requires the county to establish Springs Protection Zones - both primary and secondary zones. Where those zones overlap with Environmentally Sensitive Overlay Zones, the more restrictive regulations will apply.
The Rainbow River and Silver Springs and their recharge areas will be included in those zones.
Land uses and activities within the springs protection zones that could contaminate or degrade the springs will be restricted or prohibited.
The health of Silver Springs and Rainbow Springs already is in decline. High nitrate levels have been found in both.
"The land development codes, the comprehensive plan - does not do anything about what has been done in the past except requiring the county to establish a septic system maintenance program and things such as that," Kuphal said.
He said programs to educate citizens about ways to reduce and manage fertilizers better or maintain their septic systems will be addressed by the county's clean water program.
Environmentalists praised the commission.
"I think it's a great first step," Guy Marwick, who represented the Marion Audubon Society and the Silver Springs Basin Working Group, told the commission. He told them to "remain strong" when they develop the new regulations.
W. James Gooding III, a land use attorney who represents developers, thanked the commission for considering developers' position, also calling the amendment a "great first step."
"There is some stuff in here we are concerned about," Gooding said. "We are looking forward to working with you on land development regulations."
Gooding encouraged the commission to keep a list of special uses out of the comprehensive plan and place them, instead, in the regulations.
Judy Greenberg, who represented the Florida Federation of Garden Clubs, was pleased with the vote.
"I think they went far enough in getting the right direction in policy," Greenberg said. She said leaving many of the details to be included in the local regulations will allow changes to be made in a timely manner when more is learned about the three issues of growth management, economic development and natural resource protection.
"You can't have LDRs for natural resources taking lower precedence than LDRs for growth," she said. "We have to get out of the mentality that it's OK to put a septic tank on one acre. The latest science says one septic for 10 acres is appropriate for this area."
Michele Scherer, representing the Shady Greenway Conservation Alliance, said protecting water will require a joint effort.
"We all have to bite the bullet - private citizens, commercial, developers, we all have to or we are going to pay to clean it up," Scherer said. "You pay now or you pay later."
Scherer said, for example, a half-cent sales tax could help offset the cost of making residents on septic systems hook up to a central water and sewer system.
Susan Latham Carr may be reached at susan.carr@starbanner.com or (352) 867-4156.
County must cut back on water usage
By MICHAEL D. BATESmbates@hernandotoday.com
BROOKSVILLE — County Administrator Gary Kuhl said he will ask staff to explore the possibility of increasing water restrictions to help comply with state statutes and water management district rules.
“The bottom line is that we, as a county, are going to have to cut back on our water use,” Kuhl said.
Once staffers issue a report, Kuhl said he would present it to county commissioners, who have the authority to enforce the restrictions.
“It’s the county’s responsibility to take action at this point,” he added.
The Southwest Florida Water Management District (Swiftmud) fired off a letter to the county’s utilities director informing her that the county is exceeding water withdrawal quantities as regulated by state statutes. The county has 30 days to comply with the two notices it recently was sent — or face penalties.
Since Swiftmud issued the two notices, water withdrawals “have continued to exceed the permitted quantities by an average of 27.03 and 4.27 percent, respectively,” the Nov. 21 letter from Swiftmud said.
Kuhl blamed the problem on an overly dry summer rainy season, forcing residents and businesses to increase watering.
Hernando County commissioners can impose more stringent water restrictions — independent of Swiftmud — if they deem it is necessary.
County Commissioner David Russell agreed that stricter water restrictions are “certainly something that needs to be looked at.
“These violations can’t be taken lightly,” Russell said. “They’re put in place for a reason — that we control the resource.”
Russell said a longer-term solution is turning a reclaimed mine into a reservoir that would increase the capacity available for water consumption.
“Anytime you create more capacity (you) offset the deficits created and are able to consume more water because of it,” Russell said.
Assistant Utilities Director Jesse Goodwin said the majority of water overusage is occurring on the west side of the county, along the U.S. 19 corridor.
“We’re stepping up conservation efforts and I’m hoping we’re going to step up enforcement efforts,” Goodwin said, referring to people who violate the current watering restrictions.
In September 2003, Swiftmud imposed year-round water conservation measures that limit lawn watering to twice per week and only from 10 a.m. to 4 p.m.
People with even-numbered addresses can water Tuesday and Saturday. Homeowners with odd-numbered addresses can water Wednesday and Sunday.
Rainfall through November was down 9-15 inches throughout Hernando County and surrounding areas, according to Swiftmud.
However, Swiftmud forecasts a wetter than normal winter and spring.
“We’re hoping that prediction is right, but we can’t depend on it,” said Swiftmud Executive Director David Moore.
Reporter Michael D. Bates can be contacted at 352-544-5290.
Officials emphasize need to conserve water
By TONY MARREROlmarrero@hernandotoday.com
BROOKSVILLE — Hernando County is getting drier by the day and so, too, is the aquifer.
During the season when daily thunderstorms drench the earth, it’s hard to imagine that water is a finite resource. Then a parched reminder comes in the form of drought and the drumbeat of conservation begins in earnest.
The drum is sounding again, with an additional concern: Hernando County residents are using several more million gallons each month than what is allowed by the Southwest Florida Water Management District.
The wet season wasn’t so wet this year, and now the area is facing a rainfall deficit of up to 17 inches below normal average rainfall, according to the water management district commonly known as Swiftmud.
That takes a heavy toll on the Floridan Aquifer that is already being tapped to supply water to much of the thirsty Tampa Bay region, including Hernando County, said Swiftmud spokesman Michael Molligan.
“When you take more water out of the aquifer than what’s going in, you run the risk of problems,” Molligan said.
The district covers an area from Charlotte County to the south to portions of Levy and Marion counties to the north.
As of last week, the average aquifer level in the district’s northern region, which includes Hernando County, was about 8 inches below the historic normal range, Molligan said.
Compare that figure to last year, when the level was at 3.4 feet.
Lakes in the northern region are an average of 2.28 feet below historic normal range.
Swiftmud’s governing board last week gave its executive director power to declare a water shortage if conditions warrant it before the board’s next meeting on Jan. 30. That could trigger watering restrictions tighter than the current two-day-per-week limit, which already is among the strictest in the state.
The goal is to limit the risk of complications that come from a stressed aquifer such as the drawdown of lakes and wetlands, Molligan said.
When wetlands dry up, the vegetation dies off, inhibiting the natural filtering capacity that prevents pollution and other sediment from reaching the aquifer.
Drier lakes and wetlands also mean the loss of habitat for wildlife.
A layer of salty groundwater underlies the fresh groundwater in the Floridan Aquifer. When the fresh groundwater is pumped out at too high a rate, the salty groundwater could get drawn up and, mix with fresh water, rendering it undrinkable.
Spring flows are affected as well. So far, the springs that are the source of the Weekiwachee River are in the normal range, Molligan said.
A stressed aquifer also increases the frequency of sinkhole development. When heavy withdrawals from groundwater remove water from underground caverns, sinkholes are more likely to form.
The news that Hernando County is pumping more than its fair share adds to the sense of urgency that Alys Brockway, the county’s water conservation manager, tries to convey every day.
The average Florida resident uses 103 gallons of water each day, according to the Department of Environmental Protection.
Every day, more than four billion gallons of groundwater are consumed in the state to satisfy the demands of agriculture, industry, power plants, development, and municipal and public water supplies.
Brockway said that one of the most important messages she sends has to do with outdoor irrigation — the quest for healthy grass is one of the biggest draws on the water supply.
Brockway said she finds many people are not educated about wise water use, especially the ability to reduce irrigation during the cooler winter months when grass and other plants go dormant.
Watering just once a week could be often enough to keep grass alive and healthy, she said.
“From about November to Valentines Day, cut back,” Brockway said.
Reporter Tony Marrero can be reached at 352-544-5286.
Sierra: Resident's letter off base
By DAN DEWITT
Published December 21, 2006
BROOKSVILLE - Shirley Robinson wrote to the Hernando Times three weeks ago after seeing several letters to the editor from Spring Hill residents favoring the Hickory Hill development.
"I felt like somebody who actually lives over here and in a rural environment needed to express some opinions," said Robinson, who lives in Spring Lake near the 2,800-acre ranch where a Tampa development company, Sierra Properties LLC, plans to build 1,750 houses and three golf courses.
She expected Sierra to respond to her letter, which ran Dec. 3. She did not expect the response to be signed by Sierra's lawyer, John White. She also was surprised that it arrived by certified mail, meaning she had to sign a slip proving she had received it.
White's letter, dated Dec. 6, said Robinson made "several disparaging remarks without supportable facts. ...In the future, we urge you to take care to make only truthful statements when writing or speaking about our projects."
The letter was a veiled threat of a lawsuit intended to shut her up, said Robinson, 72, who lives on Old Trilby Road.
"I interpreted it as intimidating," she said.
It was not meant to be, said Sebring Sierra, the company's vice president of operations. The company always responds to letter writers, he said, and often by certified mail.
White's letter was accompanied by a second, five-page letter from Sebring Sierra about the issues she raised, he said. White wrote what Sierra called a "cover letter" because the lawyer had mentioned at a meeting that he thought Robinson's letter was especially inaccurate.
"It was more a way of correcting very false items about the project," Sierra said. Earlier in the year, the Hernando County Commission voted 3-2 to back the comprehensive plan change Sierra needs to build the project; the commission will decide whether to give the amendment final approval in April.
In Sierra's response, which has been posted on the company's Web site, he lists what he considers Robinson's misstatements.
Among them, he said, is her assertion that the county will not see a tax surplus - when property tax revenue outstrips the amount of money required to service the development - until the project is completed. According to a financial consultant the company hired, the surplus will show "very early in the development," Sierra wrote.
Robinson said the project will cause groundwater contamination. Not according to a groundwater engineer hired by the company, Sierra responded.
He also took exception to Hickory Hill being compared to Southern Hills Plantation, which has seen fewer homes built than expected, Robinson wrote, "so there is no need for another development of this kind."
"Hickory Hill will target custom home builders," Sierra stated in his response. "The builders at Southern Hills are more medium-to-large high quality builders."
Robinson said almost all the issues Sebring Sierra brought up are subject to interpretation. For example, hydrologists at the Southwest Florida Water Management District have stated that water seeps quickly through the soil at Hickory Hill, increasing the likelihood of contamination.
In his letter, White says Sierra employees "encourage and carefully listen to public feedback and opinions regarding Hickory Hill."
But by sending its letter, Robinson said, the company has shown this is not true.
What he really means is "that as long as you agree with Sierra, he values your opinion," she said.
Dan DeWitt can be reached at dewitt@sptimes.com or 352 754-6116.